Novel Coronavirus Contestant Agreement, Liability Release, Waiver and Indemnity

The Novel Coronavirus (the “VIRUS”) has been declared a worldwide pandemic by the World Health Organization and has been declared a public emergency by the CDC and virtually all other public health authorities. These authorities continue to study and learn about the VIRUS and its spread among and between people. These studies have shown the VIRUS to be extremely contagious, and that it is or may be spread from person-to-person contact, person-to-person interaction, intentional or otherwise, even at a distance of twenty or more feet, and by contact with contaminated surfaces and objects, and via air currents dispersed by ventilation, air conditioning and heating systems. Reportedly, individuals can be infected and spread the VIRUS, and yet show no detectable symptoms. There is no known treatment or cure for the VIRUS which is 100% effective, and evidence has shown it can cause serious and potentially life-threatening illness and even death. 

WAIVER OF LIABILITY AND RELEASE.  

To the fullest extent permitted by law, I hereby on my own behalf and on behalf of my heirs, executors and personal representatives, and on behalf of any third party attending the PAGEANT whether or not related to me, and my insurers, forever and irrevocably release and waive any right I may now or hereafter have to bring claims, and make demands, or file suit or any other action against or in the name of, or claim any right to arbitration with or against, the PRODUCER or its PAGEANT, or the Miss USA Organization, or the VENUE, and their respective owners, licensees, officers, directors, trustees, sponsors, shareholders, members, servants, agents, employees, managers, officials, contractors (independent or otherwise), and their respective predecessors, successors and assigns, and their heirs, executors, administrators or other personal representatives, (all of the foregoing, together or individually, the “PAGEANT and PAGEANT RELATED PARTIES”) whether arising in any way from or out of or related to, my loss of property, or my personal injury, or my exposure to, infection with or spread of the VIRUS, or any loss, cost or expense, including, without limitation, attorneys’ fees, related thereto or arising therefrom.  

INDEMNITY AGAINST CLAIMS.

To the fullest extent permitted by law, I hereby on my own behalf and on behalf of my heirs, executors and personal representatives, and my insurers, forever and irrevocably agree to indemnify and hold harmless the PAGEANT and PAGEANT RELATED PARTIES from, and against any and all actions, causes of action, claims, dues, demands, damages, costs and expenses, including, without limitation, reasonable costs and expenses of counsel for all or any of the PAGEANT and PAGEANT RELATED PARTIES whether arising in any way from or out of, or related to, any loss of property, or personal injury, or any exposure to, infection with or spread of the VIRUS, or any loss, cost or expense, including, without limitation, attorneys’ fees, related thereto or arising therefrom.  

GENERAL PROVISIONS.

If any term or provision of this Contestant Agreement, Liability Release, Waiver and Indemnity is determined by a court of law to be invalid or unenforceable, the balance of this Contestant Agreement, Liability Release, Waiver and Indemnity shall remain in force and effect. This novel Coronavirus Contestant Agreement, Liability Release, Waiver and Indemnity is given under and will be governed by the laws of the State of New York. 

By signing below, I acknowledge that I am at least eighteen (18) years old and fully competent to give my consent, or if I am not, that the party signing below on my behalf is fully and legally empowered to do so; that I give my voluntary consent in signing this novel Coronavirus Contestant Agreement, Liability Release, Waiver and Indemnity, as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation. 

I hereby apply as an entrant in the 2025 MISS NEW YORK USA® or 2025 MISS NEW YORK TEEN USA® pageant (together, the “State Pageants”) and the opportunity to compete in the national finals of the MISS USA® or MISS TEEN USA® pageant, as the case may be, and I represent to and agree with the State Pageants as follows:

REPRESENTATIONS:

1. MISS: I was at least eighteen (18) years of age on December 31, 2024.

2. TEEN: I was at least fourteen (14) and under nineteen (19) years of age on December 31, 2024

3. TEEN ONLY - I am not married, have never been married, and have never had a marriage annulled. I have never given birth to a child, I am not a parent or guardian of any other adult or minor person, and I am not now currently pregnant. These representations and warranties shall remain true through the State Pageant and, if I win the State Pageant, through the 2025 Miss USA | Miss Teen USA Pageant.

4. I have never participated in a previous national MISS USA® or MISS TEEN USA® pageant.

5. Prior to the date of this Application and Agreement, I have not been engaged in any activities which, if disclosed to the public, would bring or tend to bring myself or the MISS NEW YORK TEEN USA® or the NEW YORK USA® pageant into disrepute, ridicule, or contempt. I am in good health and of good moral character.

6. I am a female (recognized medically and legally as female in the United States) and a citizen of the United States and at least one of the following is true: (a) I now reside and have resided in the State of New York as my permanent and primary residence for a period of at least three (3) months immediately prior to the beginning of the 2025 MISS NEW YORK TEEN USA® or the 2025 MISS NEW YORK USA® pageant which I have entered (although I may have attended college or university elsewhere); or (b) I have resided in the State of New York as a full-time student at a college or university and will complete or have completed one entire semester, trimester or summer session by December 31, 2024 and I will continue to reside in the State as a full time student at that same school, college or university through the State Pageant and, if I win, through the 2025 Miss USA Pageant (although I may have spent or be spending the summer in another state): and/or I work full time (at least 40 hours a week)in the State of New York and have for a period of ninety (90) days prior to the date of the state pageant.

7. Neither I nor any member of my immediate family or anyone living in my household is currently employed by or has been employed within the last two (2) years by, or is a close acquaintance of anyone employed within the last two (2) years been, employed by an officer, director or agent (including a volunteer worker) of any of the following: Miss USA, any State Director in the MISS USA® and/or Miss TEEN USA® pageant system or any company or enterprise that the Director may own or control, the Parties, Ernst & Young, or, any of the subsidiaries, affiliates or related companies of the foregoing. (IF YOU OR ANY MEMBER OF YOUR IMMEDIATE FAMILY IS EMPLOYED BY ANY OF THE FOREGOING OR ANY FIRM OR CORPORATION CONTROLLED OR AFFILIATED WITH ANY OF THEM, THEN YOU MUST NOTIFY YOUR STATE DIRECTORS IMMEDIATELY IN WRITING, SO THAT YOUR ELIGIBILITY MAY BE DETERMINED.)

AGREEMENTS APPLICABLE TO ALL CONTESTANTS:

8. I agree that if I win or succeed to the title of MISS NEW YORK USA® or the MISS NEW YORK TEEN USA®, I will participate in the MISS USA® and/or Miss TEEN USA® pageant, as the case may be, and abide by all the rules and regulations governing that pageant. If I win the MISS USA® pageant, then I agree to participate in the MISS UNIVERSE® pageant and abide by the rules and regulations governing that pageant.

9. I understand that the sponsorship requirement is due in full prior to the first day of the state pageant and agree that I am free to withdraw from the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® competition at any time prior to my being crowned as MISS NEW YORK USA® or MISS NEW YORK TEEN USA®, but under no circumstances will I be entitled to a refund or to transfer to another contestant any fee or sponsorship money, either in full or in part, that I or my sponsors have paid. Likewise, if for any reason I shall be disqualified from the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® pageant, under no circumstances will I be entitled to a refund or to transfer to another contestant any fee or sponsorship money, either in full or in part, that I or my sponsors have paid.

10. I agree that if I win or succeed to the title of MISS NEW YORK USA® or MISS NEW YORK TEEN USA®, MISS USA® or MISS TEEN USA®, I will not participate in any pageants during the time that I hold either of those titles unless authorized in writing by the State Pageants and Miss USA.

11. I HEREBY RELEASE, UNCONDITIONALLY AND FOREVER, ANY CLAIM AGAINST THE STATE PAGEANTS, MISS USA, AND THEIR RESPECTIVE PARENTS AND AFFILIATED OR RELATED COMPANIES AND OTHER RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND ASSIGNS, WHICH I MAY HAVE BY VIRTUE OF MY PARTICIPATION IN MY STATE PAGEANT OR BY ANY USE OF MY NAME, LIKENESS, VOICE, AND/OR BIOGRAPHY IN CONNECTION WITH MY STATE PAGEANT, INCLUDING USE IN PROMOTIONAL AND ADVERTISING MATERIAL.

12. I understand and agree that all issues as to my eligibility or that of other contestants shall be determined by the State Pageants and MISS USA, and I agree to abide by that determination both as to myself and other applicants. Any decision to disqualify any contestant or titleholder shall likewise be made by the State Pageants and MISS USA, and I agree to abide by that determination both as to myself and other applicants.

13. I agree to abide by all the rules of the MISS NEW YORK TEEN USA® or the MISS NEW YORK USA® pageant and the MISS USA® or MISS TEEN USA® pageant now in effect or as announced from time to time hereafter.

14. I understand and agree that my acceptance as a contestant for the title of MISS NEW YORK TEEN USA® or MISS NEW YORK USA® and my continued consideration for the title of MISS NEW YORK TEEN USA® or MISS NEW YORK USA® is under the sole and complete discretion of the State Directors of the MISS NEW YORK TEEN USA® or MISS NEW YORK USA® pageant.

15. I agree to permit my photograph, voice recording, and name to be used without charge for all publicity and commercial purposes and any telecasts of the state and national pageants.

16. I agree that, if I win or succeed to the title of MISS NEW YORK TEEN USA® or MISS NEW YORK USA®, the terms of this Application and Agreement, including, without limitation, Sections 17 through 22, inclusive, shall continue to be binding upon me, and that any breach thereof shall, in addition to any other right or remedy of the State Pageants (including without limitation my disqualification, loss of title and return of prizes), entitle the State Pageants to equitable relief and the costs and expenses of obtaining the same, including reasonable attorneys’ fees.

17. I understand and agree that if I win or succeed to the title of MISS NEW YORK TEEN USA® or MISS NEW YORK USA®, as one of my obligations, I will go to and stay in the host city during the time required for me to appear in the MISS USA® or MISS TEEN USA® pageant.

18. I understand and agree that if I win or succeed to the title of MISS NEW YORK USA® or MISS NEW YORK TEEN USA®, all decisions concerning my preparation for the MISS USA® or MISS TEEN USA® pageant shall be made by my State Directors. To this end, and by way of example and not limitation, I agree (i) to utilize exclusively the services of the staff of the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® pageant, and each pageant sponsor in connection with my preparation for the MISS USA® or MISS TEEN USA® pageant; (ii) to wear, during the evening gown competition of the MISS USA® or MISS TEEN USA® pageant, a gown provided by the pageant sponsor; (iii) not to engage or continue the services of or otherwise consult with (for monetary consideration or otherwise) any person, firm or other entity providing services in competition with a pageant sponsor; or (iv) not to engage or continue to use or consult with any interview, stage presentation, or other pageant coaches. I understand and agree that any waiver of the provisions hereof shall require, in each instance, the prior written consent of my State Directors. Any consent given shall be for the specific instance requested and shall not be deemed consent to any other request or instance.

19. I represent and agree that, between the date of this Application and Agreement and the MISS NEW YORK TEEN USA® or MISS NEW YORK USA® competition, I have not and will not engage in any activities which, if disclosed to the public, would bring or tend to bring, myself or the MISS NEW YORK TEEN USA® or MISS NEW YORK USA® pageant into disrepute, ridicule or contempt.

20. I understand and agree that if I win or succeed to the title of MISS NEW YORK TEEN USA® or MISS NEW YORK USA®, my failure to comply with any of the terms, provisions, restrictions or obligations hereof shall, at the option of the State Directors of the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® pageant, result in all or any of my disqualification, loss of title, and my obligation to return immediately any and all prizes awarded.

21. I understand and agree that if I win or succeed to the title of MISS NEW YORK USA® or MISS NEW YORK TEEN USA®, I will not permit the use of my name, photograph, image, or title as MISS NEW YORK USA® or MISS NEW YORK TEEN USA® by anyone without the prior written consent of my State Directors.

RELIANCE BY PAGEANT; EFFECT OF SIGNATURE

22. I understand and agree that the State Pageants are relying upon my representations and agreements set forth in this Application and Agreement as a material inducement to accepting my Application, and allowing me to compete for the title of MISS NEW YORK USA® or MISS NEW YORK TEEN USA®. Any representations which are untrue or false in any respect, both when made and as of the date of the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® pageant, or failure to comply with any agreement hereunder or any rule or regulation of the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® pageant of which I have had notice, may result in my disqualification from the MISS NEW YORK USA® or MISS NEW YORK TEEN USA® pageant.

By my signature below, I, and, with respect to any contestant who is a minor, my parent or guardian, hereby acknowledge that: (i) all information on this application is true and accurate; (ii) I have read and agree to be bound by the eligibility requirements; (iii) even if I meet the eligibility requirements, the State Pageant has no obligation to select me as a contestant; (iv) all decisions by the State Pageant concerning selection of the contestants is final and not subject to challenge or appeal. I understand and agree that my continued participation is contingent upon my meeting the eligibility requirements above as well as those eligibility requirements set forth in any other documents required by the State Pageant. If selected, I agree to execute any waivers, release agreements and/or entry forms required by the State Pageant.