WHEREAS, Mydream Entertainment LLC is the prestigious owner, organizer, and producer of the globally acclaimed beauty pageants, including but not limited to DBA Miss South Asia Worldwide, Mrs Asia Worldwide, Mydream Miss India, Mydream Miss India World, Miss Bharat USA, Mrs Bharat USA, Mr Bharat USA, Teen Bharat USA, Grandmom Bharat USA, Miss Bharat Georgia (GA), Miss Bharat Alabama, Miss Bharat Alaska, Miss Bharat Arizona, Miss Bharat Arkansas, Miss Bharat California, Miss Bharat Colorado, Miss Bharat Connecticut, Miss Bharat Delaware, Miss Bharat Florida, Miss Bharat Georgia, Miss Bharat Hawaii, Miss Bharat Idaho, Miss Bharat Illinois, Miss Bharat Indiana, Miss Bharat Iowa, Miss Bharat Kansas, Miss Bharat Kentucky, Miss Bharat Louisiana, Miss Bharat Maine, Miss Bharat Maryland, Miss Bharat Massachusetts, Miss Bharat Michigan, Miss Bharat Minnesota, Miss Bharat Mississippi, Miss Bharat Missouri, Miss Bharat Montana, Miss Bharat Nebraska, Miss Bharat Nevada, Miss Bharat New Hampshire, Miss Bharat New Jersey, Miss Bharat New Mexico, Miss Bharat New York, Miss Bharat North Carolina, Miss Bharat North Dakota, Miss Bharat Ohio, Miss Bharat Oklahoma, Miss Bharat Oregon, Miss Bharat Pennsylvania, Miss Bharat Rhode Island, Miss Bharat South Carolina, Miss Bharat South Dakota, Miss Bharat Tennessee, Miss Bharat Texas, Miss Bharat Utah, Miss Bharat Vermont, Miss Bharat Virginia, Miss Bharat Washington, Miss Bharat West Virginia, Miss Bharat Wisconsin, Miss Bharat Wyoming., and various other state and international beauty competitions, committed to organizing these pageants nationwide.
WHEREAS, Mydream Entertainment LLC is steadfast in its objective to uphold and control the exceptional quality of candidates participating in its prestigious pageants, fostering inclusivity, diversity, and excellence.
WHEREAS, In pursuit of this objective, Mydream Entertainment LLC has resolved to confer a franchise upon an organization/corporation/partnership/individual possessing the capability and experience to impeccably organize and produce a beauty competition in their respective states. The franchise winner shall serve as the country’s esteemed representative at renowned events such as Miss South Asia Worldwide, Mrs Asia Worldwide, Miss Bharat USA, Mrs Universe USA, Mydream Miss India, Miss International America, Miss International Diva, and other esteemed pageants.
WHEREAS, the Franchisee has convincingly demonstrated to Mydream Entertainment LLC its capability and experience, leading to an application for the esteemed role of State Director in the designated state/country.
WHEREAS, Mydream Entertainment LLC has graciously accepted the Franchisee's commitment to serve as the State Director in the designated state/country, entrusted with the responsibility of selecting the delegate to represent the region in Miss Bharat USA, Mrs Bharat USA, Mr Bharat USA, Teen Bharat USA, and Grandmom Bharat USA.
NOW, THEREFORE, in consideration of the foregoing covenants and premises, Miss Bharat USA, Mrs Bharat USA, Mr Bharat USA, Teen Bharat USA, Grandmom Bharat USA Pageant hereby awards the franchise in the designated state/country to the Franchisee, subject to the following terms and conditions herein set forth, and simultaneously grants a license to use the Licensed Marks in connection with the organization and production of the "Miss Bharat" beauty pageant in the State of [State].
1. STATE BEAUTY PAGEANT: The Franchisee shall meticulously organize and produce a State beauty pageant on or before November 30th of each year, ensuring fairness, impartiality, and a celebration of diversity, without bias or prejudice.
2. WINNER'S COMMITMENT: The winner must willingly participate in Miss Bharat USA, Mrs Bharat USA, Mr Bharat USA, Teen Bharat USA, and Grandmom Bharat USA. Immediately after the State Contest, the Franchisee must promptly submit the Miss Bharat USA Entry Form, duly completed by the winner, including her declaration and undertaking. The winner must arrive in the Host State/Country three days prior to the Coronation Night, which is held in New Jersey or any other designated state every year in December.
3. SUBMISSION REQUIREMENTS: On or before November 1st of each year, the Franchisee shall submit the following to Mydream Entertainment LLC:
Black and white or colored postcard-size photographs of Winners
Negative/slide prints of the above photographs for publicity purposes
Photocopy of the candidate’s ID
4. FINANCIAL OBLIGATIONS: The Franchisee agrees to cover the entry fee of $349, to be paid by the winner or contestant, for participation in Miss Bharat USA, Mrs Bharat USA, Mr Bharat USA, Teen Bharat USA, and Grandmom Bharat USA Pageant.
5. DELEGATE'S ESSENTIALS: The Franchisee must ensure that their delegate brings necessary attire and accessories, including costumes, evening gowns, coronation gowns, casual, cocktail, and business wear, sports wear, gym outfit, shoes, and accessories.
6. OBLIGATIONS OF MYDREAM ENTERTAINMENT LLC: In exchange for the Franchisee's commitment, Mydream Entertainment LLC agrees to fulfill the following obligations:
Meet the Delegate upon her arrival in the Host State
Host a queen party and arrival event
Provide inland transportation for the Delegates (Paid Service)
Provide makeup artists (hair stylists not included) for the Delegates (Paid Service)
Offer backstage assistance for the Delegates
Assure the Delegate’s safety and security
Arrange an Island tour and courtesy calls
Provide television rights to the individual host country free for the first year, with Miss Bharat USA having the rights to claim a small percentage of the copyrights.
7. EVENT CONTINGENCIES: Mydream Entertainment LLC reserves the right to postpone, change the venue, or cancel Miss Bharat USA for reasons such as force majeure, New Jersey government regulations, or adverse economic conditions. The Franchisee will be notified at least sixty (30) days prior to the scheduled Coronation Night.
8. FRANCHISE FEE AND RENEWAL: The Franchise Fee is $2000 for one year, and the contestant registration fee is $399.00 (to be paid by the contestant). This Franchise Agreement is valid for one year from the signing date and will be automatically renewable every year, provided the Franchisee complies with their obligations under this Agreement.
9. TERMINATION CLAUSE: Mydream Entertainment LLC reserves the right to terminate this Agreement if, in its sole discretion, the Franchisee fails to faithfully comply with their commitments under this Agreement.
10. RELATIONSHIP CLARIFICATION: No employer/employee or principal/agent relationship exists or is contemplated between Mydream Entertainment LLC and the Franchisee.
11. GOVERNING LAW: This Agreement shall be deemed to have been made and executed in New Jersey.
12. LOGO AND PROMOTIONS: The Miss Bharat USA and MydreamTVUSA logos will be prominently displayed on the top of each flyer and all social media posts and promotions.
13. MEDIA COLLABORATION: If the Franchisee possesses their media company, the phrase "(In Association with MydreamTVUSA)" must be prominently displayed on top of each flyer and all social media posts and promotions. This collaborative acknowledgment aims to enhance the visibility and synergy between the franchise and MydreamTVUSA.
14. NON-COMPETE CLAUSE: The Franchisee and their family expressly agree that, upon signing this Franchise Agreement, they shall refrain from using the same name or opening their pageant or franchise of any other pageant for the next 5 years.
15. SOCIAL MEDIA REPRESENTATION: Vice Presidents/State Directors are required to include "@MydreamTVUSA" in all their social media bios to enhance brand visibility and alignment. Additionally, they must ensure that their state pageant winners also include "@MydreamTVUSA" in their social media bios to maintain consistency and promote the MydreamTVUSA brand effectively.
LICENSE TERMS:
A. LICENSOR'S REPRESENTATIONS AND WARRANTIES: Licensor hereby represents and warrants to Licensee that:
It is the sole owner of the Licensed Marks and no other party has the right to use the Licensed Marks in the State.
Licensor has not pledged, hypothecated, or granted a lien or security interest in the Licensed Marks.
The execution, delivery, and performance by Licensor of its obligations under this Agreement will not conflict with or result in a breach of any law, governmental rule, regulations, judgment, decree, or order by which Licensor is bound.
Licensor has full power and authority to enter into and consummate the transactions contemplated by this Agreement.
Licensor shall indemnify, defend (with counsel reasonably acceptable to Licensee), and hold Licensee harmless from and against all costs, expenses, claims, or damage arising on account of any breach of the foregoing representations and warranties.
B. GRANT OF LICENSE: Licensor hereby grants to Licensee a non-exclusive right and license (the "License") to use the trademarks and trade dress and other intellectual property identified in Exhibit A attached hereto (the "Licensed Marks"). Licensee shall use the Licensed Marks for the sole purpose of conducting, promoting, advertising, marketing, and reporting the results of a Miss Bharat beauty pageant (the "Pageant") in the State of [State].
C. TERM: This agreement shall be in effect for the period ending one year from the Effective Date (the "Term").
D. TERRITORY: The License hereby granted extends to the State of [State]. Licensee agrees not to use the Licensed Marks on any goods, services, or pageants sold or offered for sale outside of the State. Notwithstanding, Licensee shall have the exclusive right to use the Licensed Marks in the State.
E. MARKETING: Licensee agrees to include the “Miss Bharat USA” logo, as shown on Exhibit A, on the top of each flyer and all social media posts and other promotions.
F. INDEPENDENT STATUS: Nothing in this Agreement shall be construed to place the Licensee and the Licensor into a relationship of partners or joint venturers. Neither is the agent of the other nor does either have the power to obligate or to bind the other.
G. NON-COMPETE: For a period commencing on the Effective Date and ending on the date that is five (5) years after the conclusion of the Term, Licensee shall not engage in the business of operating beauty pageants, whether under the Licensed Marks or under any other name, nor shall Licensee be a franchisee for any other party operating a beauty pageant. Additionally, Licensor agrees that for five (5) years after the conclusion of the Term, Licensor shall not license the Licensed Marks or operate a beauty pageant in the State unless Licensee has informed Licensor in writing that Licensee does not desire to renew the Term.
H. NOTICES: All notices required or permitted to be given hereunder shall be in writing and delivered either in person, by a nationally recognized overnight mail carrier, or by certified or registered first-class prepaid mail, return receipt requested, to Licensee or Licensor at their respective addresses set forth below.
Licensee: [Licensee Address]
Licensor: Mydream Entertainment LLC
212 Worth Street
Iselin, New Jersey 08830
Any notice given in accordance with this Section shall be deemed to have been duly given or delivered on the date the same is personally delivered to the recipient or received by the recipient as evidenced by the return receipt.
I. COMPLETE AGREEMENT: This Agreement represents the entire agreement between Licensee and Licensor covering everything agreed upon or understood in this transaction. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind as conditions or inducements to the execution hereof or in effect between the parties. No change or addition shall be made to this Agreement except by a written agreement executed by Licensee and Licensor.
J. PARTIAL INVALIDITY: If any term, covenant, or condition of this Agreement is held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
K. ATTORNEYS’ FEES: In the event that either party shall bring an action or legal proceeding for a breach of any provision of this Agreement or any representation, warranty, covenant, or agreement herein set forth, or to enforce, protect, determine, or establish any term, covenant, or provision of this Agreement or the rights hereunder of either party, the prevailing party shall be entitled to recover from the non-prevailing party, as a part of such action or proceedings, or in a separate action brought for that purpose, reasonable attorneys’ fees and costs, expert witness fees, and court costs as may be fixed by the court or jury.
L. EXECUTION IN DUPLICATE: This Agreement is executed in duplicate, with each party retaining one copy.