Legal Disclaimer & Liability Waiver

IMPORTANT LEGAL NOTICE

BY USING THIS PLATFORM, REGISTERING AS A CONTESTANT, RECRUITER, OR PARTICIPANT, ATTENDING ANY EVENT, OR MAKING ANY PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS, DISCLAIMERS, WAIVERS, AND RELEASES CONTAINED HEREIN.

Effective Date: January 1, 2025 | Last Updated: Loading...

1. Parties Covered by This Disclaimer

This Legal Disclaimer and Liability Waiver ("Disclaimer") applies to and protects the following parties (collectively referred to as "Protected Parties"):

  • Proverbs 31 Beauty Pageant, its parent company, subsidiaries, and affiliated entities
  • Dr. Kenton Edward Emmanuel Connor ("Founder"), in his personal and professional capacity
  • All directors, officers, employees, agents, volunteers, and representatives
  • All contractors, vendors, sponsors, partners, and affiliates
  • All judges, hosts, coordinators, and event staff
  • All recruiters, team members, and authorized personnel
  • All venue owners, operators, and their staff
  • Any other individual or entity associated with, connected to, or acting on behalf of Proverbs 31 Beauty Pageant

2. Complete Release and Waiver of Claims

RELEASE OF ALL CLAIMS

By using this platform or participating in any capacity, you voluntarily and knowingly release, waive, discharge, and covenant not to sue the Protected Parties from any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your participation.

This release includes, but is not limited to, claims arising from:

  • Physical injury, illness, or death
  • Emotional distress, mental anguish, or psychological harm
  • Property damage, loss, or theft
  • Financial loss, economic damages, or lost profits
  • Breach of contract or breach of implied warranties
  • Negligence, gross negligence, or recklessness
  • Defamation, invasion of privacy, or misrepresentation
  • Discrimination or harassment claims
  • Intellectual property disputes
  • Any other legal theory or cause of action whatsoever

3. Assumption of Risk

You acknowledge and voluntarily assume all risks associated with participating in Proverbs 31 Beauty Pageant activities, including but not limited to:

  • Risks inherent in pageant competitions, including stress, fatigue, and physical demands
  • Risks associated with travel to and from events
  • Risks associated with live video sessions, interviews, and online interactions
  • Exposure to communicable diseases or illnesses at events
  • Risks of interaction with other participants, staff, or the public
  • Risks associated with photography, videography, and media exposure
  • Risks of cyber security, data breaches, or unauthorized access to personal information
  • Financial risks associated with fundraising, business activities, or investments
  • Risks of negative publicity, criticism, or public scrutiny
  • Any other risks, whether known or unknown, foreseeable or unforeseeable

4. Limitation of Liability

MAXIMUM LIABILITY CAP

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR PARTICIPATION SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO PROVERBS 31 BEAUTY PAGEANT, OR FIFTY DOLLARS ($50), WHICHEVER IS LESS.

IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Lost profits, lost revenue, or lost business opportunities
  • Loss of data, goodwill, or reputation
  • Damages resulting from the conduct of third parties
  • Damages arising from circumstances beyond our reasonable control
  • Any damages whatsoever arising from your participation

5. Indemnification

You agree to indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your participation in any Proverbs 31 Beauty Pageant activities
  • Your use of this platform or any services provided
  • Your violation of these terms, any law, or the rights of any third party
  • Any content you submit, post, or transmit through the platform
  • Your conduct at any event or interaction with other participants
  • Any claims made by third parties arising from your actions
  • Any misrepresentation made by you

This indemnification obligation shall survive the termination of your participation and any other agreement between you and Proverbs 31 Beauty Pageant.

6. Binding Arbitration Agreement

MANDATORY ARBITRATION

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS DISCLAIMER, YOUR PARTICIPATION, OR ANY SERVICES PROVIDED SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, NOT IN COURT.

Arbitration Terms:

  • Arbitration shall be conducted in Harris County, Texas
  • Arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
  • The arbitrator's decision shall be final and binding
  • Judgment on the award may be entered in any court of competent jurisdiction
  • Each party shall bear their own costs and attorneys' fees
  • YOU WAIVE YOUR RIGHT TO A JURY TRIAL
  • YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT

7. Class Action Waiver

NO CLASS ACTIONS

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE PROTECTED PARTIES.

If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial and agree that the claim shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

8. Governing Law and Jurisdiction

This Disclaimer shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action that is not subject to arbitration shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

Statute of Limitations: Any claim arising out of or relating to your participation must be filed within ONE (1) YEAR after the claim arose, or the claim shall be permanently barred.

9. Media Release and Publicity Rights

By participating, you grant Proverbs 31 Beauty Pageant and its designees the irrevocable, perpetual, worldwide right to:

  • Photograph, film, record, and capture your likeness, image, voice, and performance
  • Use, reproduce, distribute, display, and create derivative works from such content
  • Use your name, biographical information, and testimonials for promotional purposes
  • Broadcast, stream, or publish content in any media now known or hereafter developed

You waive any right to inspect or approve any content in which you appear and release any claims for compensation, royalties, or other payment for such use.

10. Disclaimer of Warranties

ALL SERVICES, CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties of title, non-infringement, or quiet enjoyment
  • Warranties that services will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, completeness, or reliability of any content
  • Warranties that any defects will be corrected

11. Force Majeure

The Protected Parties shall not be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions, labor disputes, power outages, internet failures, or any other force majeure event.

12. Severability

If any provision of this Disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

13. Entire Agreement

This Disclaimer, together with the Terms and Conditions, Refund Policy, and Privacy Policy, constitutes the entire agreement between you and Proverbs 31 Beauty Pageant concerning your participation. No oral or written representations not contained herein shall be binding.

14. Contact Information

For questions regarding this Legal Disclaimer, please contact:

Proverbs 31 Beauty Pageant

Attn: Legal Department

2933 Carver Drive

Corpus Christi, TX 78405

Email: admin@my31p.org

Phone: +1 346-243-0322

ACKNOWLEDGMENT AND AGREEMENT

BY USING THIS PLATFORM, REGISTERING, ATTENDING EVENTS, OR MAKING ANY PAYMENT, YOU ACKNOWLEDGE THAT:

  • You have carefully read and fully understand this Legal Disclaimer
  • You voluntarily agree to all terms, waivers, and releases contained herein
  • You are at least 18 years of age and legally competent to enter into this agreement
  • You are waiving substantial legal rights, including the right to sue
  • You have had the opportunity to consult with an attorney before agreeing
  • This agreement is binding upon you, your heirs, executors, and assigns

Related Policies: Terms and Conditions | Refund Policy | Privacy Policy