Release & Participation Agreement* By checking the box, I have read & agree to the terms & conditions
D & D Investments, Inc. (“D & D”) is a producer of state beauty pageants under license from The Miss Universe Organization ("Miss USA"), including the following:
Miss Maryland USA (“MD Miss”) | Miss Maryland Teen USA (“MD Teen”)
These state pageants are herein referred to individually as a “State Pageant” and together as the “State Pageants”. The undersigned participant (the “Participant”) wishes to compete in one of the State Pageants, to wit: Miss Maryland USA (“MD Miss”) / Miss Maryland Teen USA ("MD Teen") and in connection therewith intends by her execution hereof to recognize and agree to obligations with D & D. If the Participant is a minor, the legal guardian of that minor (the “Guardian”) wishes and intends by his or her execution hereof, on behalf of the minor, to recognize and agree to obligations with D & D.
RELEASE AND INDEMNITY
The Participant and/or the Guardian, as the case may be, hereby remises, releases and discharges D & D and Miss USA, and any venue at which the State Pageant is held or at which food or storage of personal property is provided to Participants (together, the “Venue”), and their respective partners, affiliates, subsidiaries, and their officers, directors, employees, agents, and representatives, and their respective successors and assigns (the “Pageant Parties”) from any and all claims, losses, liabilities, costs and expenses, whether known or unknown at this time, on account of any matter, cause or thing whatsoever, which has happened, developed or occurred at any time, prior to the date hereof, or which may hereafter occur or arise as a result of the Participants entering, competing in, or presence at the State Pageant, including, without limitation, any injury or death suffered by the Participant or any parent, guardian or invitee of the participant or such parent or guardian or invitee; crimes committed in or near the Venue, claims of liability for products manufactured, or services performed by third parties which are offered as prizes, or sold to Participants, whether prior or subsequent to the State Pageant, and whether at the Venue or elsewhere; libel, slander or any other form of defamation by or of the Participant; any injury or death suffered or caused by any vehicle serving the State Pageant.
The Participant and/or the Guardian, as the case may be, hereby agrees to indemnify and hold harmless, to the fullest extent permitted by law, the Pageant Parties from and against all losses, costs and expenses incurred in connection with any action, suit, proceeding, claim, demand, investigation, or settlement directly or indirectly arising out of, is based upon, is a result of or is related to: the Participants entering, competing in, or presence at the State Pageant, including, without limitation, any injury or death suffered by the Participant or any parent, guardian or invitee of the participant or such parent or guardian or invitee; crimes committed in or near the Venue, claims of liability for products manufactured, or services performed by third parties which are offered as prizes, or sold to Participants, whether prior or subsequent to the State Pageant, and whether at the Venue or elsewhere; libel, slander or any other form of defamation by or of the Participant; any injury or death suffered or caused by any vehicle at the State Pageant or serving the State Pageant, including without limitation, any automobile, bus, van or other multi passenger commercial vehicle transporting Participants, any officers or directors of the Pageants, Pageant staff, employees, agents, contractors, or invitees, to or from any of the premises constituting the Venue in connection with the State Pageant; latent or other defects in the Venue; any action or omission by any other Participant, titleholder or former titleholder, judge, sponsor, or spectator of the State Pageant, or by any person in any way associated with the State Pageant, or the Venue, whether as officer, director, employee, staff, agent, independent contractor, chaperone, or otherwise; and any damage to or loss of Participant’s property.
Specifically excluded from this indemnity is any liability arising from gross negligence or intentional and willful misconduct of the Pageant Parties, except that no claim for libel, slander or other defamation shall be deemed excluded from this indemnity unless it is malicious, and no claim for any injury or loss shall be deemed excluded from this indemnity based upon an allegation of negligent hiring or engagement. The Pageant Parties specifically assume no liability whatsoever, whether for acts or omissions, or otherwise, in connection with those with whom you contract or come into contact as a result of participating in the State Pageant. The term losses and expenses shall include, specifically, but without limitation, all claims or causes of action; liabilities; losses; compensatory, punitive or other damages; and all reasonable attorneys’ fees incurred by the Pageant Parties, or any of them.