TERMS AND CONDITIONS


TO COMPETE FOR THE TITLE OF MS. MODERN WORLD/MRS. HONG KONG/MS. ASIA ELITE/MR. MODERN WORLD/LITTLE PRINCESS/PRINCE


ELIGIBILITY


I am hereby making the representations disclosures warranties and covenants more particularly set out below so that I will be eligible to participate in the Pageant and that I have the power authority and capacity to make such representations disclosures warranties covenants and agreement. If any disclosure or representation is false or if I breach any warranty covenant or agreement made in connection with the Pageant, you shall have the right in your sole and absolute discretion to remove me from the Pageant and/or withhold and forfeit from me any prizes and monies which I would otherwise have won and I shall return to you all and any prizes and monies already delivered to me. In that event, you may make any explanation or announcement, on air or otherwise, regarding such action as you deem fit.

I understand this is an important legal document relating to my participation in the Pageant, and by signing this document I am waiving all legal rights I may have against TARGET TREND Limited (“TARGET TREND”), its affiliates, sponsors of the Pageant.

I declare that:
1. (a) I have met all the eligibility requirements of TARGET TREND as contained in the MS. MODERN WORLD/MRS. HONG KONG/MS. ASIA ELITE/MR. MODERN WORLD/LITTLE PRINCESS/PRINCE official website (https://www.miss-modernworld.com/).

(b) I undertake to remain so eligible throughout the Pageant and for a further period contracted herein (as stated in Section 2 of Schedule 1) should I be selected as MS. MODERN WORLD/MRS. HONG KONG/MS. ASIA ELITE/MR. MODERN WORLD/LITTLE PRINCESS/PRINCE (“Pageant Winner”), 1st Runner Up, 2nd Runner Up or any of the subsidiary titleholders (collectively known as “Titleholders”) and I hereby agree and further understand that any changes to my present status may result in my disqualification from the Pageant; and (c) I am of good moral character and have never participated in any act or behaviour which is of an immoral nature or engaged in any activity which if disclosed to the public would bring or tend to bring myself or TARGET TREND into disrepute, ridicule or contempt.


EXPRESS CONDITIONS, REPRESENTATIONS AND WARRANTIES


  1. I understand that in the event that I am awarded any prize or monies during the Pageant, I would be entitled to that prize or monies, as stipulated by TARGET TREND, and subject always to the terms and conditions of this agreement and the fulfilment of my obligations hereunder to the satisfaction of TARGET TREND. TARGET TREND has the full right to withhold/forfeit any and/or all prizes in cash and/or kind in the event of any breach of the terms and conditions of this agreement. I understand that the prize or monies awarded to me (if any) shall be distributed to me on a pro-rata basis during the 3 years term after the award (distributed one time per year) and such distributions will only happen if I fulfill all the engagements (e.g. events and functions) arranged by TARGET TREND during the 3 years term.
    3. The process by which the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the Titleholders will be selected has been fully explained to me and I am satisfied and agree that the judging criteria and process are fair and impartial. I agree to abide by the judges’ decision and neither I nor my representative and/or agent may protest the decision under any circumstances or in any manner whatsoever. I understand that attending all the events and functions arranged by TARGET TREND is the prerequisite for being chosen to be the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the Titleholders.
    4. Save and except as I expressly disclosed to TARGET TREND, I confirm certify and covenant that I am not and shall not be a party to any present or future contract, agreement, management or otherwise which would in any way conflict or overlap with or otherwise cover the services to be performed by me in connection with any award I may receive as Pageant Winner, 1st Runner Up, 2nd Runner Up, or any of the subsidiary Titleholders or as finalists in the Pageant (“Finalists”), nor have I or will I enter into any agreement with any person to share any monies or awards received by me pursuant of this Agreement. I hereby agree that I have not and will not appoint or authorize any agent or representative to act on my behalf when liaising with TARGET TREND. I recognize that I have entered into this agreement with TARGET TREND in my personal capacity and that TARGET TREND or TARGET TREND’s affiliates shall directly liaise with me on all matters pertaining to this agreement. I am aware and hereby agree that TARGET TREND shall not acknowledge nor entertain any other party acting or purporting to act for me or on my behalf at any time. I further agree that TARGET TREND shall have the exclusive rights and control over all personal appearances which I may
    make as Pageant Winner, 1st Runner Up and 2nd Runner Up for the relevant period stated in
    Section 2 of Schedule 1 (as the case may be) (“Title Period”).
    I further certify that, save as earlier disclosed in writing to TARGET TREND and consented to by TARGET TREND:
    a. I have not given and shall not give any written or oral endorsement or whatsoever nature of any products, or services to any commercial organization which shall be in effect for the duration of the relevant Title Period, as may be applicable commencing at the time I become a Finalist in the Pageant and which will be binding on me in any capacity as the Pageant Winner, 1st Runner Up, 2nd Runner Up, or any of the Titleholders and/or Finalist in the Pageant.
    b. I have not entered and shall not enter into any contract or agreement for any personal appearances which will be in effect at the same time should I become a Finalist in the Pageant and which will be binding in my capacity (should I win) as the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the Titleholders and/or Finalist in the Pageant.
    c. I have not and will not enter into any contract or agreement or personal service contract with any individual, corporation, organization or legal or other entity for any personal appearances, or given any written or oral endorsement of whatsoever nature of or for any products or services to any commercial organization, including but not limited to modelling and/or advertising agencies, without the prior written consent of TARGET TREND for the duration of the relevant Title Period.
    d. I hereby agree that should I contravene this Clause 4, TARGET TREND is entitled to commence legal proceedings against myself personally in addition to the withholding and/or forfeiture of any and all prizes in cash and/or kind.

AUTHORIZATION AND CONFERRAL OF RIGHTS


  1. In connection with the Pageant and TARGET TREND only:
    a. I hereby grant to TARGET TREND, and acknowledge that TARGET TREND is authorized to use on an exclusive basis, at the sole and absolute discretion of TARGET TREND, all dramatic, musical, radio, publication, television, merchandising, advertising, tape, video cassette, video compact, digital versatile disc and laser disc, internet, computer on-line, short message system (SMS), personal appearance and motion picture rights or any publicity material in connection with my participation in the said Pageant, or any portion or part thereof and TARGET TREND shall have the sole and absolute right in any and all forms of media and/or reproduction, now known or hereafter discovered and/or developed, throughout the world to use and exploit any or all such rights without notice to, consent from or payment to me. I hereby release and relinquish any claim which I might have against TARGET TREND by virtue of my participation in the said Pageant, or arising from the use by TARGET TREND, of my photographs, name(s), likeness, image, picture, voice, voice or video recording appearances or biographical material and all other image rights” in connection with the rights granted in this paragraph, including but not limited to advertising, promotional merchandising and material of any nature whatsoever.
    b. I hereby grant to TARGET TREND, on an exclusive basis, at the sole and absolute discretion of TARGET TREND, the right to use my name, likeness, image, picture and biographical material and all other image rights in connection with the manufacture, sale and distribution of items specially related to my participation in and/or the presentation of the said Pageant or any portion or part thereof (including but not limited to billboards, promotional items, pamphlets, brochures, publication, calendars, posters, buntings, standees and the like) throughout Hong Kong Special Administrative Region (“Hong Kong”) and TARGET TREND shall have the sole and absolute right to use and exploit any or all such rights without notice to consent from or payment to me. I hereby waive any claim that I may have against TARGET TREND, its officers, directors, partners, associates, agents, employees, affiliates, licensees and assigns, whether based on the so called rights of privacy, publicity or any other right that may otherwise arise, in relation to or in connection with the use by TARGET TREND and/or its licensee, of my name, likeness, image, picture and promotional material or any nature whatsoever. Notwithstanding the foregoing I understand and agree that TARGET TREND shall be under no obligation to include my name, likeness, image, picture and/or biographical material and all other image rights in connection with the subject matter of this paragraph 5(b) and that it shall be at the sole and absolute discretion of TARGET TREND to determine whether any sale or distribution of the subject matter of this paragraph 5(b) will actually take place.
    c. I hereby agree that I will obtain TARGET TREND’s prior consent before I use or allow the use by persons of all dramatic, musical, radio, publication, television, merchandising, advertising, tape, video cassette, video compact, digital versatile disc and laser disc, internet, computer on-line, short message system (SMS), personal appearance and motion picture rights or any publicity material in connection with my participation in the said Pageant, or any portion or part thereof.
    6. I hereby authorize and consent to the use without notice to, consent from or payment to me, of my photographs, likeness, images and pictures, voice recording, video recording, autographs and name and all other image rights by TARGET TREND for any and all publicity, merchandising and commercial purposes in connection with the said Pageant.
    7. I further authorize TARGET TREND to take any action of whatsoever nature, including but not limited to the commencement of legal proceedings, against any person, legal entity or corporation as TARGET TREND in its sole and absolute discretion shall determine, which uses or attempts to use in any
    manner, without TARGET TREND’s prior written consent, my name, title, likeness, image, voice and all other image rights for any purpose whatsoever.

COVENANTS AND UNDERTAKINGS


  1. I hereby agree to covenant and undertake:
    a. To participate in all events related to the Pageant before, during and after the grand final of the Pageant within and/or outside Hong Kong as stipulated in Clause 4 or as may be determined by TARGET TREND in its sole and absolute discretion.
    b. To fully cooperate with the chaperon(s) and/or Pageant officials assigned to me for my protection and welfare during and throughout the Pageant at the Official Venue(s).
    c. To conduct myself with decorum and all propriety during and throughout the Pageant.
    d. Not to be photographed in or with or being represented in any form whatsoever as endorsing any kind of products and/or services during and throughout all official Pageant events, Pageant Reality Series and during and throughout the period that I am at the Official Venue(s) in connection with the Pageant, without the consent of Pageant Officials.
    e. If I am selected as the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the Titleholders, I will not, without TARGET TREND’s prior written permission/consent, perform any services or make any appearance(s) in the abovementioned capacity(ies) which my affiliation with the Pageant is used for the period of my Title Period.
    f. If I am selected as the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the Titleholders, I shall comport myself with decorum, proportionate body figure, beauty of the face, properly and at all times in a mannerly fashion befitting the aforementioned titles and to the satisfaction of TARGET TREND during and throughout my Title Period. The breach of this clause shall result in the withdrawal of the aforementioned titles including but not limited to the withholding and/or forfeiture of any and all prizes in cash and kind.
    g. Not to give, conduct or participate in any interviews or press interviews with any form of mass print or online media or magazines whatsoever without the prior written consent of TARGET TREND.
    h. I will depart from the Official Venue(s) not later than one (1) day after the conclusion of the Pageant or as requested by TARGET TREND (whichever is the earlier) unless I have received such award or am under such obligation which entails the postponement of my departure for an undetermined length of time, or unless permission to stay over is obtained from TARGET TREND.
    i. I will not incur, and I am not authorized to incur under any circumstances any debts liabilities or other obligations whatsoever for or on behalf of TARGET TREND or with respect to the Pageant.
    j. I will also oblige to responding to all verbal/written communications by TARGET TREND to me throughout the duration of the Pageant and throughout my relevant Title Period.
    k. I will also commit to all instructions by TARGET TREND to share social media communication messages via my personal account throughout the duration of the Pageant and beyond as stated in clause 8.a
    l. The sole obligation of TARGET TREND, unless I am selected as the Pageant Winner, 1st Runner Up, 2nd Runner Up, or any of the subsidiary titleholders, is merely to accept me as a Finalist provided always that I satisfy all the eligibility requirements and comply with
    and fulfil all of my obligation herein.
    m. TARGET TREND reserves the right to disqualify any participant/Finalist at its sole and absolute discretion without having to furnish anybody with any reasons whatsoever.
    n. No action shall lie against TARGET TREND over any disqualification or disagreement over the terms and conditions or any other aspect of the Pageant, whether before during or after
    the Pageant.
    o. Except where I have been crowned as the Pageant Winner, 1st Runner Up or 2nd Runner Up (and in which case clauses 16(h) and 25 applies), I shall first obtain the written approval of TARGET TREND before participating in any other local and/or international beauty pageants or modelling competitions howsoever described prior to the expiry of the relevant Title Period. PROVIDED ALWAYS THAT should TARGET TREND be of the opinion that I have not conducted myself as covenanted herein, TARGET TREND shall be entitled in its sole and absolute discretion and without any obligation to give any reasons whatsoever to disqualify my participation at the said Pageant or withdraw any or all titles that have been conferred upon me at any stage of the Pageant or any other time or dispense with my services as the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the Titleholders and I shall forthwith surrender all prizes, gifts or other compensation awarded to me in cash or kind.

PRIZES


I hereby agree that in the event I awarded any prizes, those prizes shall be given and/or paid to me only upon having fully performed my duties and obligations stated herein to the satisfaction of TARGET TREND. I understand and agree that the prizes are sponsored by Pageant sponsors and delivery thereof is subject to the fulfilment of each Pageant sponsors’ respective sponsorship obligations or commitments, and TARGET TREND shall not under any circumstances be liable or responsible for the failure of any Pageant sponsor to fulfil its sponsorship obligations or commitments, any delays in the delivery of a prize
supplied by a Pageant sponsor or for the condition in which any prize is received.

  1. If I am crowned as the Pageant Winner, I shall be eligible to receive the following:
  2. a salary of the amount set out in Section 3 of Schedule 1and payable at such times set out in Section 3 of Schedule 1. PROVIDED ALWAYS that I shall only be entitled to receive all and any payments if I have fully performed all my obligations stated herein to the satisfaction of TARGET TREND.
    10. If I am selected as 1st Runner Up, I shall be eligible to receive the following:
    a. a cash award of the amount set out in Section 4 of Schedule 1 which I will receive in the manner set out in Section 4 of Schedule 1. PROVIDED ALWAYS that I shall only be entitled to receive all and any payments if I have fully performed all my obligations stated herein to the satisfaction of TARGET TREND.
    11. If I am selected as 2nd Runner Up, I shall be eligible receive the following:
    a. a cash award of the amount set out in Section 5 of Schedule 1which I will receive in the manner set out in Section 5 of Schedule 1. PROVIDED ALWAYS that I shall only be entitled to receive all and any payments if I have fully performed all my obligations stated herein to the satisfaction of TARGET TREND.


DUTIES AND OBLIGATIONS OF PAGEANT WINNER


If I am selected as the Pageant Winner:
14. TARGET TREND shall during and throughout my entire Title Period have the exclusive use of my services as a model, spokesperson, product ambassadress, artiste, electronic media performer and public relations representative and in any other capacity in keeping with my title as Pageant Winner until the expiry of my Title Period.
15. I hereby covenant and undertake that I shall not during and throughout my Title Period and without first obtaining the prior express written consent and approval of TARGET TREND:
a. Give, conduct or participate in interviews or press conferences with any mass print or online media whatsoever;
b. Give, conduct or participate in free of charge services by performing, including but not limited to the following services – public appearances, attendance at functions, products launches, fashion shows, talk shows, officiating opening ceremonies;
c. Accept any offer(s) from any talent agencies, modelling agencies, management agencies howsoever described and/or any other offers for commercial assignments including but not limited to television or public appearances, fashion shows, talk shows, media interview, magazine cover shoots, product launches, product advertorial.
d. Allow my title of Pageant Winner, name, likeness, images, voice and all other image rights to be used for any purpose whatsoever.
16. As Pageant Winner:
a. I agree during my Title Period to provide within twenty-four (24) hours’ notice to me, the following services designated by TARGET TREND which may be held within or outside Hong Kong, which may be proposed by the pageant sponsors and such other individuals or companies as TARGET TREND may designate, including but not limited to:
i. Participation in promotional activities; appearances during fashion shows, autographing; spokesperson; meeting and conversing with the public, customers and employees of sponsors; appearance as an apparel model and/or as Pageant Winner; giving talks and interviews in theatres, clubs, departmental stores and restaurants or such other places designated by TARGET TREND, attendances at social functions and formal dinners at the request of TARGET TREND, on television, radio and newspaper and any other electronic media.
ii. Endorsing products and allowing the title of Pageant Winner, my name, likeness, image and voice and all other image rights to be used in connection with the advertisement or sale of products and/or for commercial purposes.
iii. Travelling and giving interviews, attending such functions from time to time as TARGET TREND’s schedule of appearance may require, including weekends and public holidays, and including travelling outstation and to foreign countries.
b. I agree and acknowledge that I shall engage in a bona fide professional capacity in an artistic endeavour.
c. During and throughout my Title Period as Pageant Winner, I agree and undertake:
i. To cooperate fully with TARGET TREND and its employees, agents, representatives, sponsors, official charity affiliations (if any) in carrying out their instructions directives or requests in connection with the services I will be performing under this Agreement.
ii. To be punctual for all appointments and appearances which require my presence and to appear suitably attired at all times.
ii. Not to engage in conduct whether acts or omissions which in TARGET TREND’s sole and absolute opinion may be detrimental to TARGET TREND or other events connected with TARGET TREND or the said Pageant;
iii. To deal with TARGET TREND fairly and in good faith in the performance of my obligations under this Agreement;
v. To execute any and all documents which are or may be necessary in TARGET TREND’s sole and absolute opinion to fulfil my obligations under this Agreement.
vi. Clause 28 herein shall apply and TARGET TREND or TARGET TREND’s designated affiliate(s) shall be my exclusive managing agent and representative, and I shall not engage any managing agent or representative without the prior written approval of TARGET TREND. I shall be fully responsible to TARGET TREND for the breach of this clause including any claims of any other third party management, agent or representative. I further acknowledge that as of this date I have not engaged and will not engage another managing agent or representative save and except as expressly disclosed to TARGET TREND.
vii. TARGET TREND or TARGET TREND’s designated affiliates shall, on an exclusive basis, book all appearances, prepare all my travel and working schedules and handle all arrangements in connection with my activities as Pageant Winner.
d. TARGET TREND shall have the sole and absolute right during my Title Period to book all appearances, prepare all my travel and working schedules, and handle all arrangements in connection with my activities as Pageant Winner.
e. I shall not render services to any other parties save for designated affiliates of TARGET TREND, and except as required hereunder shall not make any public appearances as Pageant Winner, endorse any product, give or conduct any interviews or allow my title, my name, likeness, image and voice and all other image rights to be used in connection with the advertising, merchandising or sale of any products or services without TARGET TREND’s prior written consent and approval:
i. During the term of the Management Contract set out in Clause 28 and for a further period of two (2) years following the expiry of the said Management Contract; and
ii. At any time in such a way that by context, prominence or otherwise may or is likely to confuse the public into believing that TARGET TREND or its sponsors endorse, approve or is in any way affiliated with such goods and services. In addition, I shall not make nor allow others to make at any time or under any circumstances any use or references to my title or status as Pageant Winner or former Pageant Winner for commercial purposes or in such way as is likely to confuse the public into believing that TARGET TREND or its sponsors endorse, approve or is in any way affiliated with the goods or services advertised by me without TARGET TREND’s prior written permission.
f. During and throughout my Title Period, I shall not perform the following services and/or duties without the prior written approval and consent of TARGET TREND:
i. Participate or take part in any other beauty pageants or contests or modelling competitions howsoever described, whether at local, national or international level;
ii. Become a judge in any beauty pageants or contests or modelling competitions howsoever described;
iii. Become a judge in any beauty queen or other beauty pageants howsoever described and/or to present prizes or conduct lucky draws;
iv. Be the guest-of-honour in any capacity as the Pageant Winner and/or as an individual at any private functions, beauty pageants or contests or modelling competitions howsoever described.
v. Any other gainful assignment or employment.
g. I agree and understand that all proceeds from the performance of my services hereunder are the sole property of TARGET TREND and I hereby irrevocably and unconditionally assign and transfer to TARGET TREND all rights to such proceeds in connection with the abovementioned services in perpetuity. I hereby waive all and any right to inspect or object to the finished product and the printed material that may be used in conjunction therewith and the use to which it may be applied.
h. I hereby release, discharge and agree to hold and keep TARGET TREND and its subsidiaries, affiliates, agents, successors, assignees, licensees harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in taking or publishing my photographs, likeness, images and pictures or video recording in connection with this Agreement.
i. I hereby agree and acknowledge that the services to be rendered by me and the rights and privileges granted to TARGET TREND by me hereunder are of a special, unique and intellectual character, the loss of which cannot be adequately compensated in damages in an action of law. I further agree and acknowledge that any breach on my part of any provisions of this Agreement will cause TARGET TREND irreparable injury and damages. As such, I agree and acknowledge that TARGET TREND shall be entitled to injunctive relief against me without prejudice to all other rights and remedies available at law to TARGET TREND.
j. TARGET TREND is hereby authorized in my name, or in the name of TARGET TREND, to take any action of whatsoever nature or kind, including the commencement of legal proceedings, at TARGET TREND’s expense, against any person, firm or corporation which uses or attempts to use, without TARGET TREND’s written consent, my name, title, likeness or voice recording or other image rights for any purpose whatsoever.
k. I agree and acknowledge that all of TARGET TREND’s rights hereunder shall be regarded as cumulative, and knowledge or acquiescence by TARGET TREND of or in any breach by me of the terms, conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such terms, conditions or covenants or any of them and notwithstanding such knowledge or acquiescence, TARGET TREND shall be entitled to exercise its rights under this Agreement and to require strict performance by me of the terms, conditions and covenants herein.
17. I agree and acknowledge that I shall be solely responsible for all costs and expenditures on all travel documents including but not limited to my passport, visas, excess baggage weight, airport tax and land transportation charges during and throughout or in connection with any overseas travel.
18. I agree to and shall submit to TARGET TREND for approval prototypes of personal business calling cards, all stationery, printed and promotional materials which bear the wordings of the Pageant Winner, the Pageant, Beyond Entity Sdn Bhd, and/or any logo/emblem prior to their use. All prototypes shall be submitted to TARGET TREND. Any submission not approved in writing within thirty (30) days shall be deemed disapproved.
19. If at any time during my Title Period, I:
a. Become so mentally, physically or otherwise incapacitated that I am unable, in the sole and absolute opinion of TARGET TREND, to carry out my duties; or
b. Should be adjudged a bankrupt or otherwise have bankruptcy proceedings commenced against me; or
c. Should have any criminal charges levied and or filed against me; or
d. Am prevented from carrying out my duties due to an Act of God, any rules, orders or acts of Government, or other causes of similar or different nature that is beyond TARGET TREND’s or my control; or
e. Fail to perform my roles and responsibilities as Pageant Winner to the satisfaction of
TARGET TREND; or
f. Otherwise breach any of the terms conditions warranties obligations and duties herein
stated which is incapable of remedy in the sole and absolute opinion of TARGET TREND.
Then, in any such event, TARGET TREND shall have the right to declare this Agreement terminated and upon being given one (1) week’s notice to that effect, this Agreement shall be terminated and neither party shall have any further obligations hereunder but without prejudice to any claim arising out of the accrued rights of either party against the other in respect of any antecedent breach of this Agreement. In such event, I shall forthwith return any and all prizes that I have received as the Pageant Winner.

VACANCY IN THE PAGEANT WINNER TITLE – DUTIES OF THE FIRST RUNNER UP


If I am selected as the 1st Runner Up:
20. I agree and acknowledge that if I breach any of the covenants undertakings warranties duties obligations and/or any other term contained herein, TARGET TREND has the sole and absolute right to forfeit and/or demand the return of all prizes in cash and kind received by me.
21. In the event that the title of the Pageant Winner shall become vacant for whatsoever reason, I hereby irrevocably agree to serve as the Pageant Winner for the relevant Title Period of such title and fulfil all the terms conditions obligations duties and warranties of the contestant awarded the title of the Pageant Winner as set out in this Agreement. However, I agree and acknowledge that I shall not be entitled to any of the prizes awarded to the Pageant Winner at the time of her crowning or which would otherwise be awardable under this Agreement, including but not limited to the awards referred to in clause 9 above.


VACANCY IN THE TITLE OF FIRST RUNNER UP FOR PAGEANT – DUTIES OF THE SECOND RUNNER UP
If I am selected as 2nd Runner Up:
22. In the event that the title of 1st Runner Up for the Pageant shall become vacant for whatsoever reason, I hereby irrevocably agree to serve as the 1st Runner Up for the Pageant for the relevant Title Period of such title and fulfil all the terms conditions obligations duties and warranties of the contestant awarded the title of 1st Runner Up for the Pageant as set out in this Agreement. However, I agree and acknowledge that I shall not be entitled to any of the prizes awarded to the contestant awarded the said title at the time of her crowning or which would otherwise be awardable under this Agreement, including but not limited to the awards referred to in clause 10 above.

DUTIES AND OBLIGATIONS OF THE FIRST RUNNER UP AND SECOND RUNNER UP
If I am selected as the 1st Runner Up or 2nd Runner Up or if I am required to serve as the 1st Runner Up or 2nd Runner Up pursuant to this Agreement:
23. I agree and acknowledge that TARGET TREND shall during and throughout the entire duration of my/our title have the exclusive use of my/our services as a model, spokesperson, product ambassadress, artiste, electronic media performer and public relations representative and in any other capacity in keeping with my/our title as 1st Runner Up and/or 2nd Runner Up (as the case may be) for the relevant Title Period (i.e. as set out in Section 2(i), (ii), (iii) or (iv) of Schedule 1, as the case may be).
I/we agree to provide within twenty four (24) hours’ notice to me/us, the following services designated by TARGET TREND which may be held within or outside Hong Kong, which may be proposed by the pageant sponsors and such other individuals or companies as TARGET TREND may designate, including but not limited to:
a. Participation in promotional activities; appearances during fashion shows, autographing; spokesperson; meeting and conversing with the public, customers and employees of sponsors; appearance as an apparel model; giving talks and interviews in theatres, clubs, departmental stores and restaurants or such other places designated by TARGET TREND, attendances at social functions and formal dinners at the request of TARGET TREND, on television, radio and newspapers and any other electronic media.
b. Endorsing products and allowing my/our name(s), likeness(es), image(s) and voice(s) and all other image rights to be used in connection with the advertisement or sale of products and/or for commercial purposes.
c. Travelling and giving interviews, attending such functions from time to time as TARGET TREND’s schedule of appearance may require, including weekends and public holidays, and
including travelling to outstation and foreign countries.
d. I/we agree and acknowledge that I/we will be employed in a bona fide professional capacity in an artistic endeavour.
e. During and throughout the term of this Agreement and my relevant Title Period, I/we agree and undertake:
i. To co-operate fully with TARGET TREND and its employees, agents, representatives, sponsors, official charity affiliations (if any) in carrying out their instructions directives or requests in connection with the services I/we will be performing under this Agreement.
ii. To be punctual for all appointments and appearances which require my/our presence and to appear suitably attired at all times.
iii. Not to engage in conduct whether acts or omissions which in TARGET TREND’s sole and absolute opinion may be detrimental to TARGET TREND or other events connected with TARGET TREND or the said Pageant;
iv. To conduct myself/ourselves with decorum and all propriety;
v. To maintain my/our physical appearance(s) in the same/better condition as it is on the date hereof;
vi. To always maintain the beauty of my/our face(s), body weight and figure(s) ideally befitting a beauty Titleholder;
vii. To deal with TARGET TREND fairly and in good faith in the performance of my/our obligations under this Agreement;
viii. To execute any and all documents which are or may be necessary in TARGET TREND’s sole and absolute opinion to fulfil my/our obligations under this Agreement.
ix. Clause 29 herein shall apply and TARGET TREND or TARGET TREND’s designated affiliate(s) shall be my/our exclusive managing agent and representative, and that I/we shall not engage any managing agent or representative without the prior written approval of TARGET TREND. I/we further acknowledge that as of this date I/we have not engaged and will not engage another managing agent or representative.
x. TARGET TREND or TARGET TREND’s designated affiliate(s) shall, on an exclusive basis, book all appearances, prepare all my/our travel and working schedules and handle all arrangements in connection with my/our activities as 1st Runner Up or 2nd Runner Up to the Pageant.
24. During the term of this Agreement and my relevant Title Period, I/we shall not render services to any other parties, and except as required hereunder shall not endorse any product, give or conduct any interviews or allow my/our title(s), my/our name(s), likeness(es), image(s), and voice(s) and all other image rights to be used in connection with the advertising, merchandising or sale of any products or services without TARGET TREND’s prior written consent and approval.
25. During the term of this Agreement and my relevant Title Period, I/we shall not perform the following services and/or duties without the prior written approval and consent of TARGET TREND:
a. Participate or take part in any other beauty pageants or contests or modelling competitions howsoever described, whether at local, national or international level;
b. Become a judge in any beauty pageants or contests or modelling competitions howsoever described;
c. Become a judge in any beauty queen or other beauty pageants howsoever described and/or to present prizes or conduct lucky draws;
d. To attend any corporate events/functions as a special guest or in the capacity of a model, celebrity, beauty queen or public figure.
e. Any other gainful assignment or employment.
f. I agree and understand that all proceeds from the performance of my/our services hereunder are the sole property of TARGET TREND and I/we hereby irrevocably and unconditionally assign and transfer to TARGET TREND all rights to such proceeds in connection with the abovementioned services in perpetuity. I/we hereby waive all and any right to inspect or object to the finished product and the printed material that may be used in conjunction therewith and the use of which it may be applied.
g. I/we hereby release, discharge and agree to hold TARGET TREND and its subsidiaries, agents, successors, assignees, licensees harmless from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in taking or publishing my photographs, likeness, images and pictures or video recording in connection with this Agreement.
h. I hereby agree and acknowledge that the services to be rendered by me/us and the rights and privileges granted to TARGET TREND by me/us hereunder are of a special, unique and intellectual character, the loss of which cannot be adequately compensated in damages in an action of law. I further agree and acknowledge that any breach on my/our part of any provisions of this contract will cause TARGET TREND irreparable injury and damages. As such, I agree and acknowledge that TARGET TREND shall be entitled to injunctive relief against me without prejudice to all other rights and remedies available at law to TARGET TREND.
i. TARGET TREND is hereby authorized in my/our name(s), or in the name of TARGET TREND, to take any action of whatsoever nature or kind, including the commencement of legal proceedings, at TARGET TREND’s expense, against any person, firm or corporation which uses or attempts to use, without TARGET TREND’s written consent, my/our name(s), title(s), likeness(es) or voice(s) recording for any purpose whatsoever.
j. I/we agree and acknowledge that all of TARGET TREND’s rights hereunder shall be regarded as cumulative, and knowledge or acquiescence by TARGET TREND of or in any breach by me/us of the terms, conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such terms, conditions or covenants or any of them and
notwithstanding such knowledge or acquiescence, TARGET TREND shall be entitled to exercise its rights under this Agreement and to require strict performance by me/us of the terms, conditions and covenants herein.
26. I/we agree and acknowledge that I/we shall be solely responsible for all costs and expenditures on all travel documents including, but not limited to my passport, visas, excess baggage weight, airport tax and land transportation charges during and throughout or in connection with any overseas travel.

ADDITIONAL TERMS, CONDITIONS, OBLIGATIONS APPLICABLE IN THE EVENT THE FINALIST IS ELECTED AS THE PAGEANT WINNER, 1ST RUNNER UP, 2ND RUNNER UP OR AS ONE OF THE TITLEHOLDERS


  1. I hereby agree, acknowledge and undertake as conditions precedent to my election as the Pageant Winner, 1st Runner Up, 2nd Runner Up or as one of the Titleholders, during and until the expiry of the relevant Title Period:
    a. To conduct myself with decorum and not commit any act of an immoral or illegal nature which in the sole and absolute opinion of TARGET TREND may bring or tend to bring me, the title of the Pageant Winner, 1st Runner Up, 2nd Runner Up or any of the titles, the said Pageant, TARGET TREND or the sponsors of the Pageant into disrepute, ridicule or contempt;
    b. To obey all advice instructions directions and requests given by TARGET TREND or its representatives at all times;
    c. To be punctual for and comply with any requests directions or instructions given by TARGET TREND to attend any photography shoots, rehearsals, assignments, appearances or any functions as instructed by TARGET TREND from time to time;
    d. To inform TARGET TREND in writing should I leave for any overseas trips on my own accord;
    e. To inform TARGET TREND immediately should I be ill and/or unable to perform my duties/instructions or attend any assignments/appearances in which case I agree to produce to TARGET TREND no later than the next working day a medical certificate certifying that I am unfit for the said duties/instructions;
    f. Maintain my physical appearance in the same/better condition as it is on the date hereof;
    g. To apply to take part or participate in any overseas international contest howsoever described as a representative of Hong Kong as duly instructed or notified by TARGET TREND and make myself available to depart for such contest at such times as TARGET TREND may direct provided always that TARGET TREND reserves the sole and absolute right to give notice to me not less than seven (7) days before the notified date of departure for such contest that I am to withdraw from such contest and/or be substituted in such contest by any other contestant determined by TARGET TREND in the event I am unfit or become unsuitable to represent Hong Kong in such contest in the sole and absolute opinion of TARGET TREND and thereafter I shall not have any claim whatsoever against TARGET TREND in respect of the same. I agree and acknowledge that in the event that I contravene or am otherwise in breach of clause 27 herein, TARGET TREND shall be entitled, upon one (1) week’s notice to me, to terminate this Agreement. In such event, I shall forthwith return all prizes, cash or any compensation that I have received. I agree and acknowledge that I have no rights over any title which was conferred upon me pursuant to this Agreement and that I shall have no right to refer to myself as such, failing which the provisions of clause 36 hereunder will take effect.

EXCLUSIVE MANAGEMENT CONTRACT


Without prejudice to any of TARGET TREND’s rights provided herein, I hereby agree and acknowledge that the following obligations apply to the Pageant Winner, 1st Runner Up, 2nd Runner Up or each Finalist, as the case may be:
28. If I am selected as the Pageant Winner:
a. I shall execute an exclusive management contract (“Management Contract”) with TARGET TREND and a talent agency designated by TARGET TREND (“the Agency”) for the relevant Title Period upon the terms and conditions therein contained;
b. all commercial jobs assignments or opportunities of whatever nature more particularly set out in the Management Contract to be undertaken by me shall be exclusively managed by TARGET TREND and the Agency;
c. I shall seek the consent and approval of TARGET TREND before I accept any gainful and/or nongainful assignment or employment;
d. In the event I am approached directly or indirectly for any gainful assignment or employment, I shall immediately notify TARGET TREND and TARGET TREND or its chosen affiliate(s) as my appointed sole managing agent, shall liaise directly with such persons to negotiate on my behalf, inter alia, the assignment fee;
e. I understand that should I enter into any gainful assignment or employment with or without the consent, knowledge and approval of TARGET TREND, TARGET TREND shall be entitled to a reasonable percentage ascribed in Section 6 of Schedule 1.
f. I agree and acknowledge that I shall be undergoing intensive training and to that end, if I am not from the Hong Kong, I shall relocate to Hong Kong whereby I shall solely bear all my rental and/or accommodation expenses;
g. I agree and acknowledge that I shall be responsible for all personal and private travel expenses within Hong Kong.
h. If I intend to terminate the Management Contract with TARGET TREND and the Agency for whatever reason, I agree and undertake to pay the following severance fees as agreed compensation to TARGET TREND:
i. The sum equivalent to the total price award and assignment proceeds received by me as at termination date plus an additional sum of HKD200,000.00.
i. I acknowledge and understand that the above terms merely constitute part of the material terms of the Management Contract, and the full terms of the Management Contract will be more particularly set out in the agreement to be executed between myself, TARGET TREND and the Agency.
29. If I am selected as the 1st Runner Up, or 2nd Runner Up:
a. I shall execute a Management Contract with TARGET TREND and the Agency for the relevant Title Period upon the terms and conditions therein contained;
b. All commercial jobs assignments or opportunities of whatever nature more particularly set out in the Management Contract to be undertaken by me shall be exclusively managed by TARGET TREND and the Agency;
c. During and throughout the term of the Management Contract, TARGET TREND shall be entitled to levy a commission ascribed in Section 6 of Schedule 1;
d. I agree and acknowledge that I shall be responsible for all personal and private travel
expenses within Hong Kong.
e. If I intend to terminate the Management Contract with TARGET TREND and the Agency for whatever reason, I agree and undertake to pay the following severance fees as agreed compensation to TARGET TREND:
i. The sum equivalent to the total price award and assignment proceeds received by me as at termination date plus an additional sum of HKD200,000.00.
f. I acknowledge and understand that the above terms merely constitute part of the material terms of the Management Contract, and the full terms of the Management Contract will be more particularly set out in the agreement to be executed between myself, TARGET TREND and the Agency.

PRE-RECORDING AND CONFIDENTIALITY


  1. I understand and acknowledge that the Pageant is a prerecorded event which will be produced in the reality television/competition format, and I agree, acknowledge and/or undertake that:
    i. all information, knowledge and events relating to or in connection with the Pageant including but not limited to results and eliminations and whether pre-recorded or otherwise are strictly confidential.
    ii. during the course of the Pageant I may be provided with or otherwise have access or become privy to information, knowledge and events relating to or in connection with the Pageant which are strictly confidential;
    iii. I shall only be entitled to disclose or reveal such information or knowledge relating to or in connection with the Pageant as stated in Clauses 31(i) and (ii) above or any part thereof (the “Confidential Information”) to any third party at such time and in such manner as may be strictly authorized or directed or instructed by TARGET TREND from time to time;
    iv. Save as expressly authorized by TARGET TREND pursuant to Clause 31(iv) above, I shall not at any time before, during or after the Pageant leak disclose reveal or cause to be leaked disclosed or revealed to any third party the Confidential Information or any part thereof.
    32. Without prejudice to the foregoing, I undertake with TARGET TREND that I will keep strictly confidential and shall not disclose all information concerning the business, accounts, finance or contractual arrangements or other dealings, transactions or affairs of TARGET TREND or any communications between TARGET TREND and myself and all information and other material received by me in connection with this Agreement including but not limited to the existence of and the terms of this Agreement.
    33. I agree to assume a duty and a high standard of care in preventing unauthorized disclosure of the confidential information stated in Clauses 31 and 32 above and all incidental matters.
    34. I agree and acknowledge that without prejudice to any rights or remedies TARGET TREND may have under this Agreement and/or at law, I shall be liable to pay a fine of HKD200,000.00 in addition to the refund of all prize monies and assignment proceeds received (if any) and/or be immediately disqualified from the Pageant by TARGET TREND should TARGET TREND have reasonable grounds to believe that I have leaked disclosed revealed or cause to be leaked disclosed or revealed to any third party the Confidential Information or any part thereof as set out in Clauses 31 and/or 32 above.
    35. The duty of confidentiality above shall survive termination of this Agreement.

GENERAL TERMS AND CONDITIONS OF THE COMPETITION

36. In the event that:
a. I fail, refuse and/or neglect to carry out my obligations contained in this Agreement; or
b. I make any misrepresentation or misleading or untrue statements about TARGET TREND, the said Pageant or its sponsors; or
c. I fail to comply with or otherwise breach any of the terms, conditions, duties, obligations, provisions, restrictions contained in this Agreement; or
d. I breach any of the covenants or undertakings contained in this Agreement; or
e. I fail, refuse and/or neglect to participate in any and all events related to the said Pageant before, during and after the Grand Final within and/or outside Hong Kong; TARGET TREND has the sole and absolute right to disqualify my participation in the said Pageant and deprive me of any title, if any, and to the return of any and all prizes awarded to me in addition and without prejudice to any other rights and remedies which TARGET TREND may have, including but not limited to the commencement of legal proceedings against me. In addition thereto, I shall pay TARGET TREND, on demand, the sum of HKD200,000.00 in addition to the return of all prize monies and assignment proceeds received (if any) as agreed compensation for TARGET TREND’s organizational costs. TARGET TREND shall be at liberty to make any explanation or announcement, through any form of media, as it deems fit regarding such action.
37. The Finalists will not be accepted to participate in the same pageant that is MS. MODERN WORLD/MRS. HONG KONG/MS. ASIA ELITE/MR. MODERN WORLD/LITTLE PRINCESS/PRINCE for the following 3 years from the first participation.
38. In the event TARGET TREND shall be of the opinion that I have contravened or breached any clauses herein contained, TARGET TREND shall, in addition to its rights pursuant to this Agreement, have liberty to issue a warning and/or put me on probation and withhold all my prizes until the end of the probation period.
39. If upon my selection as the Pageant Winner or any of the Titleholders, and shall I decline to accept the title for whatsoever reason, TARGET TREND shall be entitled upon one (1) week’s notice to me, to terminate this contract and to the return of prizes, gifts or other compensation given to me, if any. TARGET TREND also reserves the right to initiate legal proceedings against me.
40. TARGET TREND shall not be liable under any circumstances or in any way whatsoever for any loss, damage, injury or distress sustained or suffered by me howsoever caused and whether as a result of or arising out of the exercise by TARGET TREND of any of its rights or discretion conferred by this Agreement. In particular, TARGET TREND shall not be liable to me under any circumstances in respect of the following events whether or not such events shall occur through the negligence or fault of TARGET TREND:
a. The non-fulfilment of part fulfilment of any of the undertakings given herein by me;
b. Illness, injury or like incapacity sustained by me during the said Pageant;
c. Loss of or damage to any of my possessions during the said Pageant;
d. The cancellation of the said Pageant.
41. In the event of illnesses during the said Pageant, TARGET TREND may in its sole and absolute discretion summon a physician or qualified medical personnel to attend to me provided always that I shall bear the full costs associated with such illnesses, including but not limited to emergency and/or hospital treatment or any medication prescribed.
42. As a contestant of the Pageant, I understand that my appearance(s) may be required by TARGET TREND for, inter alia, promotional activities during my Title Period. I undertake to make such appearance(s) if and when so required by TARGET TREND, upon being given reasonable notice by TARGET TREND, failing which TARGET TREND shall be entitled to, at its liberty, terminate this Agreement and demand the return of any/all prizes in cash and kind given to me.
43. The invalidity or unenforceability of any provision of this contract shall not affect the validity or enforceability of any other provision herein.
44. I agree to keep TARGET TREND informed of any changes in my residential address, office address and telephone numbers immediately.
45. I hereby undertake to indemnify and keep TARGET TREND fully indemnified against any and/or all loss, damages, expenses, costs or claims of whatever nature that may arise by reason of my breach of any of the terms, conditions, duties, obligations, warranties and undertakings herein contained.
46. I agree that TARGET TREND shall not be held responsible for or liable to me for any loss, damage or expenses whatsoever and howsoever occurring should the Pageant or any international contest be postponed or cancelled or should any particular franchise given to TARGET TREND be terminated for any reasons whatsoever.
47. This Agreement shall be governed by the laws of Hong Kong.
48. The venue for any legal proceedings arising from or in connection with this Agreement directly or indirectly shall be in Hong Kong regardless of the form in which this Agreement or any part thereof may have been negotiated, signed or performed.
49. This Agreement (together with all Schedule and annexures herein which form an integral part of this Agreement) contains the entire understanding of the parties hereto, and all prior agreements between the parties with respect to the subject matter of the contract are hereby nullified and superseded. This Agreement shall not be construed against its drafter. All previous statements, representations, and negotiations whether oral or written, are hereby superseded by this Agreement. I acknowledge that no promises, representations or other inducements have been made to cause me to enter into this Agreement any of which are not set forth in this Agreement. This Agreement may be set aside, augmented, revised or modified only by a written instrument executed in the same manner.
I hereby agree, declare and certify that I have read this Agreement carefully and I have understood the comments herein, and the information that I have stated herein is true to the best of my knowledge.

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