Contestant's Contract With

___________________________________
(LOCAL/STATE PAGEANT)

LEADING INTO MISS AMERICA FINALS

I hereby apply for entry as a contestant in the Miss __________________ Pageant ("Pageant"), a duly authorized State or Local pageant in the Miss America Pageant system, for the title   "___________________ ,” and for a Pageant scholarship, sponsored by the Pageant, the finals of which are to be conducted in ____________________, during _________________________, and I do hereby make the following statements and representations:

I hereby attest that:

I am a citizen of the United States of America, and will remain such throughout my participation in the Miss America program, and reside at ____________________ in the (State/City/Town/ Village/Borough of _______________________ ) and that:

(1) I have been a resident of such (City/Town/Village/Borough) for at least six (6) months preceding the date of the Local/State Pageant in which I wish to compete (In order to establish eligibility to compete in this State under the residency criteria, a contestant must supply proof of residency consisting of copies of 2 or more of the following: 1. Current driver’s license issued in the State of Competition or current automobile registration issued in the State of Competition 2. Current voters registration card or written statement from the applicable State/Local voting registrar of valid current registration in the State of Competition 3. Current lease in the Contestant's name for housing in the State of Competition 4. Current utility bills in the contestant's name in the State of Competition 5. Information sufficient to the State/Local Pageant that the contestant is living in the State of Competition with her parents or legal guardian but attends a college or university out of state 6. Most recent federal income tax return showing the State of Competition as the State of residence and the most recent State income tax return filed by resident taxpayers of the State of Competition - financial information may be deleted. Note that the State of Competition has the right to reject information if it feels that the above documentation has not been gathered or provided in good faith); or

(2) With respect to my eligibility to compete as a student in the state of ____________________, that I have successfully completed one semester as a full time student (minimum 12 credit hours) at ____________________College or ____________________ University and am presently a bona fide registered full time student attending classes at _______________________ College or University located in the same above named state and further that no more than six months has elapsed between the completion of the first semester and the beginning of the succeeding applicable semester described above; or

(3) I have been employed full-time (at least 40 hours per week) in such State for at least six (6) months preceding the date of the Local/State Pageant in which I wish to compete;

I will maintain one or more of the eligibility requirements to compete in the Pageant through my competition in the finals of the State and National Pageant. In such regard, I acknowledge that my ability to compete in the pageant shall be subject to review at each level of competition that I enter and that the determination of my eligibility to compete in the pageant shall not in and of itself be the basis of my eligibility to compete in the State and/or National Finals.

I have never been married;

I am or will be on July 30th of the year in which I am eligible to compete a graduate of a high school and can or will be able to produce my diploma as proof thereof upon request or that I have or will have successfully completed the G.E.D. testing program for high school equivalency and can or will produce proof thereof upon request or have or will have successfully completed the academic requirements for entry into a four year college/degree program;

I have always been a female;

I will be no older than 24 years of age on August 30 of the year in which I intend to compete in the National Finals of the Miss America Pageant (and, if for Local Pageant that I will be age 17 on the date of the first preliminary competition of Local Pageant);

I am of good moral character and have never been pregnant and am not now pregnant, and have not been involved at any time in any act of moral turpitude;

I have never been convicted of any crime and do not have any criminal charge pending against me;

I never performed any act or engaged in any activity which is or could be characterized as dishonest, immoral, immodest, indecent or in bad taste;

I am in reasonably good health and can to the best of my knowledge, participate fully and without limitation in any Pageant activities and do hereby covenant to submit to the Pageant upon its request any hospital and medical records pertaining to me and I do hereby authorize any hospital which and/or doctor who ever treated me to send any medical information pertaining to me to the Pageant at its request. If applicable, I attach information supplying the following: I presently suffer from the following illness/syndrome/disability (insert description and treatment) and am/am not presently under treatment. I do/do not expect to be on any type of medication and/or to require regular treatment during any portion of my year of service".

I have not within three (3) months prior to the date of the Finals of the Pageant authorized any person, firm or corporation to use my name, photograph, picture or present or future title in connection with an endorsement to advertise any commercial product] (please strike bracketed statement if not applicable);

I am not under contract to any person, firm or corporation in respect to my present title, nor have I made any commitments for the future;

I have no legal obligations that would prevent my participation and appearance in the Finals of the Pageant or the National Finals of the Miss America Pageant or compliance with the terms and conditions hereafter set forth;

I am not currently holding another title in a local pageant in the Miss America system. I am not a contestant or a participant in, any other national or international competition, including the preliminary competition of same, of a nature similar to the Finals of the Miss America Pageant; and I further attest that I have never been a State Finalist who competed in the National Finals of the Miss America Pageant.

In consideration of my admission as a contestant in the forthcoming Pageant, including my right to compete for and, if successful, to participate in the grant of scholarships, I do hereby agree as follows:

4. I agree that I may only compete in one (1) State Final leading into the National Finals of the 2008 Miss America Pageant and can only hold one local title at any time.
    
5. I agree to participate in the series of events leading up to the final selection of "Miss ________________" which event will commence on a date to be determined by the Pageant, and to abide by, and be bound by the rules and regulations governing the Finals of the Pageant and the National Finals of the Miss America Pageant, and the award of scholarships in accordance with the Rules and Regulations of the Pageant. Participation in the Finals of the Pageant shall be understood to include all public appearances required of me by Pageant officials including, but not limited to, my appearance and/or participation in television and radio broadcasts, personal appearances, interviews, still photos, video and audio tapes or motion picture film of all or any part of the events connected with the Finals, and I do hereby authorize the Pageant and anyone duly licensed or authorized by it to televise, photograph, broadcast and/or make radio, television, video and audio tapes or motion picture recordings of me individually or in a group and to use or re-use such photographs, recordings, video tapes, audio tapes and/or motion picture films in all media throughout the world and to use my name, likeness and/or physical depiction for any purpose in perpetuity, in an unedited or edited manner or fashion as the Pageant, in its sole discretion, shall determine. All photographs, tapes and films made of me for trade, advertising and any other purpose or purposes as a participant at the Pageant, including, but not limited to, the events leading up to the selection of "Miss ______________________", such as interviews, rehearsals and publicity events, either individually or as a member of a group and my name, likeness and/or physical depiction when identified with the Pageant shall, as between me and the Pageant, be the sole and exclusive property of the Pageant. This provision shall specifically survive termination of this Contestant's Contract.
    
6. I agree that the manner and method of conducting the Finals of the Pageant shall be in the sole discretion of the Pageant, and I further agree that the time, method and manner of judging the Finals of the Pageant shall be within the sole discretion of the Pageant, and that the decision of the persons designated to judge the various events in any and all matters pertaining to the selection of the winners shall be final.
    
7. I understand that sponsorship contributions will be provided by certain companies to the Pageant and the Miss America Pageant, and I agree that at no time during the period I hold the title of "Miss ___________________", will I endorse or permit my name or likeness to be used in connection with the endorsement or advertisement of any products or services competitive to any of the products or services of any of the companies which make said sponsorship contributions or the licensees of the Miss America Organization except with the consent, in writing, of the Pageant and/or the Miss America Pageant.
    
8. If I shall be selected as the winner and holder of the title of "Miss___________________", I attest and agree that, during the entire period of my year of service, I will not associate with, in any way, nor will I be, nor will I become, either directly or indirectly as a contestant or participant in any other state, local, national or international competition, including the preliminary competition of same, of a nature similar to the Finals of the Miss America Pageant. I further agree that my failure to keep and perform the above agreement shall, at the option of the Pageant, terminate my present title and bar me from the Pageant, and further, I understand that I may be required, in such event, to forfeit all prizes, awards and perquisites from whomsoever granted or received.
    
9. I recognize that the title "Miss __________________" (Local/State), Pageant and the name and designation Miss America and Miss America Pageant are the property of the Miss America Pageant and I agree never to use, or to authorize others to use, the words "Miss __________________", Pageant, Miss America or Miss America Pageant in association with my name, my person, or my likeness in any way which might harm the Pageant or the Miss America Pageant or for commercial purposes without the permission of Pageant or the Miss America Pageant, as applicable. If the Pageant notifies me that any use of the words or titles designated above by me or with my authorization is, in their judgment, likely to harm the Pageant and/or the Miss America Pageant, I will immediately discontinue such use.
    
10. If I am selected "Miss _________________ ":
    1. I will serve as "Miss _________________'' until my successor is selected or appointed.
    2. I irrevocably constitute and appoint the Pageant, commencing at the time I am crowned until the time I relinquish that crown, as my sole and exclusive agent, representative and attorney in fact:
       1. to act for me and in my interests throughout the world for the making of all press releases and statements to the press;
       2. to sign, make, execute and deliver all contracts in my name in connection with my business or other affairs as Miss _________________ , whether they be contracts for my performance (whether for theatrical, artistic or commercial engagements), appearance or otherwise and to do and perform all necessary things in the execution and prosecution of the aforesaid in as full and ample manner as I might do if personally present;
       3. with respect to contracts entered into during my year of service which bind me after my year of service terminates, to consent to the same should I wish to be bound by such contracts;
       4. to collect and receive for and on my behalf all proceeds, monies or other compensation due or to become due to me by reason of any performance, service, engagement or contract;
    3. It is understood that I am and will remain an independent contractor with respect to my relationship with the Pageant and am not an employee thereof; that the provisions of Paragraph 7(b) are only intended to permit the Pageant to act in my place and stead with respect to the contracts and arrangements described therein as a matter of convenience and organization but not for the purposes of directing my performance or controlling my activities as if I were an employee.
    4. The Pageant shall have the right to choose and designate my chaperon and traveling companion, if any, during the year commencing at the time I am crowned.
    5. I will make myself available for such personal appearances, interviews, testimonials, endorsements, filming, tapings, photographic and recordings sessions and such other and various commitments and events that the Pageant has made and will make for me.
    6. I will travel on whatever mode of public or private conveyance that the Pageant or its sponsors shall select or provide including travel by air (by commercial or private carriers including fixed wing planes and helicopters), rail, automobile/ bus/vans or by boat or ship.
    7. At the request of the Pageant, I agree to become a member of such unions or guilds as may be necessary in order to appear as a variety artist or for fashion purposes in any film, tape or recorded radio or television product, commercials, motion pictures, photographic sessions or personal appearances.
    8. I agree that after the conclusion of my year of service as "Miss ________________,” I will not make public appearances wearing my crown nor will I make public appearances as "Miss __________________,” or "Former Miss _________________” for the purposes of advertising or endorsing any product, person or service unless pre-approved by Pageant.
    9. I will not give any printed, written, photographic, televised, radio, or other endorsements of any product competitive to those products manufactured, processed or sold by the scholarship contributors or national advertisers approved by the Pageant or the Miss America Pageant.
11. I agree that my services are extraordinary and unique and that there is no adequate remedy at law for a breach of this contract by me, and in the event of such a breach or attempted or threatened breach, the Pageant will be entitled to equitable relief by way of injunction or otherwise.
12. I understand that Pageant has had to make certain contracts and commitments in advance of the final selection. Such commitments and contracts shall be binding upon me and I will do my utmost to carry out and perform such contracts.
13. I understand and agree that if any of the representations and warranties made by me in this Contract including the Fact Sheet attached as Exhibit "A" are false or if I am selected as "Miss ____________'' and engage in any of the acts or activities involved in the attestation paragraph on page 1 of this Contract during the year of my year of service or I otherwise fail to conduct myself in a manner, which in the opinion of the Pageant, does not uphold and maintain the dignity and honor of the title "Miss _______________ ” or if I suffer any disability which in the sole and exclusive judgment of the Pageant impairs my ability to perform the duties expected of me as "Miss _______________” then I understand and agree that the Pageant may, at its exclusive option, terminate my right to participate in the Pageant, as well as my right to the title of "Miss ___________________" land all awards, prizes and perquisites pertaining thereto.
14. I understand and agree that if I suffer any disability which in the sole and exclusive judgment of the Pageant impairs my ability to perform the duties expected of me as "Miss _______________” then I agree that the Pageant may, at its exclusive option, terminate my right to participate in the Pageant, as well as my right to the title "Miss___________________" and all awards, prizes and perquisites pertaining thereto.
15. I understand and agree in the event that I marry during the period between the date of this Contract and the selection of "Miss _______________," I shall forfeit my right to participate in the Pageant Finals; and if I am selected "Miss _______________ ” and marry prior to the time my successor is chosen and crowned, the Pageant may, at its discretion and at its option, forfeit my title of "Miss ________________,” and may also forfeit all prizes, awards and perquisites, or both or either, and in such event, the first runner-up may be declared my successor.
16. If I am selected as first, second, third or fourth runner-up to the title of "Miss _______________ ” I agree to be available to succeed to all of the rights and to assume all of the duties and obligations of "Miss __________________ ” as set forth herein, if for any reason the original "Miss _________________ ” or-the prior runners-up are unable or ineligible to act as "Miss _______________ ."
17. All photographs, video tapes, audio tapes, motion picture films, or other recordings or reproductions made of me, be they "still" or "live" and my name, likeness, photographs, pictures, physical depiction, title and endorsement rights

(a) as a contestant in the 2009 Pageant;

(b) as a participant in the events leading up to the selection of "Miss _______________ ”

(c) taken of me during my year of service if I am selected "Miss _______________ "; and/or

(d) while officially representing the Pageant before my successor is crowned whether I am selected as "Miss _______________ 2009" or not; including, but not limited to, press interviews, judges interviews, rehearsals and publicity events, either individually or as a member of a group, as applicable, are, shall be, become and remain the property of the Pageant in perpetuity and same may be used and reused by it, or anyone designated by it, for publicity, advertising or any other use in any medium all as deemed appropriate by Pageant. This provision shall specifically survive termination of this Contract.

18. This Contract shall solely and exclusively determine my rights, privileges, and responsibilities to the Pageant and no oral or other written statement shall be binding upon me or the Pageant [except for those agreements known as ________________________________________________________________]. (Please strike bracketed statement if not applicable.) Should any provision of this Contract be void or unenforceable, such provision shall be deemed omitted and this Contract, with such provision omitted, shall remain in full force and effect.
19. Any controversy or claim arising out of or relating to this Contract or the breach thereof, shall be settled by arbitration in the state in which I competed in accordance with the Rules of the American Arbitration Association and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof; provided, however, that this paragraph shall not in any way affect the rights of the Pageant to seek injunctive relief in the event of any breach or attempted breach of this agreement.
20. I understand that the grant of scholarships is subject to the terms and conditions of the Scholarship Rules and Regulations attached hereto as Exhibit "B" and by signing the Contract, agree to be bound by such Rules and Regulations. Notwithstanding anything contained on Exhibit "B" to the contrary, I understand that all scholarships which I may be awarded will be non-forfeitable in the event I breach this Contract or fail to perform any duties which I may have as Miss ________________ or Miss America, but may be forfeitable in the event I have made any misrepresentations as to my eligibility to compete or to the extent subject to the rules and regulations regarding the grant of scholarships (i.e., certain rules and regulations provide that if scholarships are not used within a certain period of time, the scholarships expire).
21. The fact sheet attached as Exhibit "A" to this Contract has been fully and accurately completed and I will provide such documentation as the Pageant shall request, to substantiate the statements set forth in the fact sheet.
22. I understand that no representation has been made to me that the National Finals or the State and/or Local Finals will be televised or broadcast on a live or tape delay basis; that there will be one or more sponsors of the Pageant; or the number and/or type of appearances that "Miss _______________” and/or Miss America will have.
23. None of the terms and conditions of this Contract including my obligations hereunder and the basis for my eligibility to compete may be waived except by a writing by Pageant.
24. The terms and conditions of this Agreement shall be automatically assigned to any successor franchisee of the Pageant effective upon the designation of such successor franchisee, if any.
    
    IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of __________, 20___.
    
    
    ______________________________________ (L.S.)
    
    Legal Signature of Contestant
    
    AFFIDAVIT
    
    STATE OF
    
    SS
    
    COUNTY OF
    
    ___________________________, of full age, being duly sworn on her oath according to law, deposes and
    Name of Contestant
    
    says:
    
    The statements made in this Contract are true to the best of my knowledge, information and belief.
    
    
    
    __________________________
    Legal Signature of Contestant
    
    Sworn to and Subscribed before me on this ____ day of __________, 20__.
    
    
    
    __________________________
    
    Notary Public
    
    
    (TO BE COMPLETED BY THE PARENTS OR GUARDIANS OF ANY CONTESTANT WHO IS UNDER THE AGE OF 18 YEARS ON THE DATE OF SIGNING OF THIS AGREEMENT).
    
    
    
    We, the undersigned, the parents and natural guardians (or the duly appointed, qualified and acting legal guardians) of __________________________, the foregoing entrant, do hereby consent to and agree to all the terms and provisions of the foregoing contract and the agreements therein contained on behalf of ourselves, individually and as the guardians of said entrant. We do further agree that we have not heretofore authorized any person, firm, or corporation to use the name, photograph, picture or present or future title, in connection with an endorsement or advertisement of any commercial product for or in behalf of our child, or ward, nor will we do so other than in accord with the terms and provisions of the foregoing contract.
    
    IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of __________, 20___.
    
    WITNESS:
    
    __________________________
    
    __________________________ (SEAL)
    Signature of Parent or Guardian
    
    
    
    WITNESS:
    
    __________________________
    
    __________________________ (SEAL)
    Signature of Parent or Guardian
    
    
    
    
    AFFIDAVIT
    
    STATE OF
    
    SS
    
    COUNTY OF
    
    We, the parents and natural guardians (or the duly appointed, qualified and acting legal guardians) of _________________ state that the information and statements made in the foregoing contract are true to the best of our knowledge, information and belief.
    
    Sworn to and Subscribed before me on this _____ day of ___________, 20___.
    
    __________________________
    Notary Public
    
    
    __________________________
    Signature of Parent or Guardian
    
    
    
    __________________________
    Signature of Parent or Guardian
    
    
    
    (TO BE COMPLETED BY PAGEANT EXECUTIVE DIRECTOR)
    
    
    
    AFFIDAVIT
    
    STATE OF
    
    SS
    
    COUNTY OF
    
    I, the undersigned, being the Executive Director of the Pageant do hereby certify that I have reviewed the foregoing Contract with the contestant and/or her parents or legal guardian (if contestant is under 18) and the fact sheet attached hereto and, to the best of my knowledge and belief, believe the answers contained therein are true. Further, I hereby certify that the foregoing Contract is and represents the sole agreement governing the contestant's entry in the Pageant and the grant of Scholarships [except that contestants must sign the additional contracts which I have attached to this Agreement].
    
    
    
    Sworn to and Subscribed before me on this ____ day of __________, 20___.
    
    __________________________
    Notary Public
    
    
    
    __________________________
    Signature of Pageant Executive Director