Ticket Terms and Conditions

PLEASE READ THESE TICKET TERMS AND CONDI TIONS AND RELEASE AND WAIVER OF LIABILITY CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF EACH GUEST THAT OBTAINS A TICKET TO OR ENTERS SUMMIT PREMISES AND/OR PARTICIPATES IN THE SUMMIT ONE VANDERBILT EXPERIENCE (the “SUMMIT One Vanderbilt Experience”).

These Tickets Terms & Conditions (the “Agreement”) set forth a legally binding agreement between you and your guests (collectively, “you” and “your”) and Summit Ova Tenant LLC and its affiliates (collectively, “Summit,” “we,” “us,” or “our”), and govern your purchase of (“Ticket”) access, attendance, presence, and entry into the SUMMIT One Vanderbilt Experience, as well as your use of any online service location that posts a link to this Agreement, and all features, content, and other services that we own, control, or make available to you.

By purchasing a Ticket to or entering the SUMMIT One Vanderbilt Experience, you understand that you are voluntarily giving up certain legal rights, including the right to sue the Released Parties (defined below). You hereby acknowledge that you have had an adequate opportunity to read and consider this Agreement and have read the Agreement and fully understand the contents hereof. You further understand and agree that this Agreement is legally binding on you, your minor children, accompanying guests or others under your responsibility and control, if applicable, and your heirs, personal representatives, and assigns. Reference to “you” and “your” in this Agreement will refer both to the individual purchasing a ticket and to any minor children, accompanying guests or other persons under such person’s responsibility and control.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED ACCESS TO SUMMIT ONE VANDERBILT EXPERIENCE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ATTEND THE SUMMIT ONE VANDERBILT EXPERIENCE.

CONTINUED ACCESS TO THE SUMMIT ONE VANDERBILT EXPERIENCE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

Before purchasing a Ticket, please read this Agreement, our Website Terms & Conditions, and any other terms on the Site or made available as part of our on-site experience, which are hereby incorporated into, and considered part of this Agreement. As a condition to your access to or use of the SUMMIT One Vanderbilt Experience, you consent to be bound by this Agreement, so please exit the SUMMIT One Vanderbilt Experience and refrain for further use if you do not agree with the terms of this Agreement.

1. COVID-19.

To reduce the risk of COVID-19 transmission, Summit has implemented a number of enhanced safety measures in accordance with guidance issued by federal, state and local authorities. Exposure to COVID-19 is an inherent risk in any public location where people are present; Summit cannot guarantee that anyone accessing the SUMMIT One Vanderbilt Experience will not be exposed during their visit. The CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. You agree to evaluate your own risk in determining whether to attend. You understand that people who show no symptoms can spread COVID-19 if they are infected, and any interaction with the general public poses an elevated risk of being exposed to COVID-19. By coming to the SUMMIT One Vanderbilt Experience, you acknowledge and agree that you assume the inherent risks associated with attendance. Due to the regularly changing nature of the nature of the pandemic, the specific COVID-19-related conditions and restriction may vary from time to time, and there may be changes in those conditions and restrictions between the date of ticket purchase and the date of visit. The latest COVID-19 conditions and restrictions can be reviewed at www.summitov.com/COVID, and you understand that you may be denied entry if you are not in compliance with the conditions and restrictions in effect at the time of your visit.

2. ACKNOWLEDGEMENT OF RISK.

The SUMMIT One Vanderbilt Experience is both an observation deck and immersive experience that inherently involves potential risks and dangers associated with interacting with and in, and traversing through, in and/or around, such an experience. Such risks may include without limitation, slipping, loss of balance, falling, locomotor system pain, dizziness, problems caused by pressure changes, exposure to heights (which may cause vertigo, nausea, or discomfort), exposure to flashing or intermittent special effects or lighting, and/or personal injury, and in extraordinary cases, epilepsy-like symptoms and/or death, all during or after your visit to the SUMMIT One Vanderbilt Experience. You acknowledge and understand that the SUMMIT One Vanderbilt Experience may not be suitable for the following persons: persons prone to motion sickness, persons with excessive fear of heights, persons who suffer from high blood pressure, heart conditions, back or neck conditions, epilepsy or any type of medical condition affecting the senses of vision or hearing, persons with sensitivities to loud noises or flashing lights, persons who are blind or visually impaired, persons under the influence of alcohol or other intoxicants, persons with disabilities, elderly persons, pregnant people, and/or persons under the age of 10.

In addition, you acknowledge and understand that a portion of the SUMMIT One Vanderbilt Experience takes place in an area with mirrors on a substantial portion of the walls, floors, and ceilings. You and understand that you are responsible for dressing in a manner to avoid any unwanted exposure.

3. ASSUMPTION OF RISKS.

YOU VOLUNTARILY AGREE TO ASSUME ANY AND ALL RISKS OF INJURY, DEATH, AND/OR DAMAGE ASSOCIATED IN ANY WAY WITH YOUR PARTICIPATION IN AND/OR INTERACTION WITH THE SUMMIT ONE VANDERBILT EXPERIENCE, INCLUDING WITHOUT LIMITATION, SLIPPING, BEING KNOCKED OFF BALANCE, FALLING, EXPOSURE TO HEIGHTS, EXPOSURE TO FLASHING OR INTERMITTENT SPECIAL EFFECTS OR LIGHTING, EXPOSURE TO PRESSURE CHANGES, PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, ILLNESS, OR DEATH. BY ENTERING THE SUMMIT ONE VANDERBILT EXPERIENCE, YOU EXPRESSLY ACCEPT THE RISKS ASSOCIATED WITH THE SUMMIT ONE VANDERBILT EXPERIENCE ON BEHALF OF YOURSELF AND ANY MINORS OR OTHER PERSONS UNDER YOUR CONTROL AND CARE.

4. RELEASE AND WAIVER OF LIABILITY.

In consideration of Summit granting you access to the SUMMIT One Vanderbilt Experience, and to the fullest extent permitted by law, you, on behalf of yourself, any participating minor child/children, accompanying guests or other persons under your responsibility/control, your heirs, executors, administrators, and successors, hereby waive, indemnify, hold harmless and release Summit and its officers, directors, affiliates, partners, members, managers, employees and agents and the owners or lessees of any premises connected with Summit, its parent companies, subsidiaries and affiliates (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, lawsuits, damages, debts, dues, accounts, bonds, liens, proceedings, losses and liabilities of every kind and nature, including without limitation the negligence of any Released Party, whether known or unknown, in law or equity that you, your heirs, executors, administrators, and successors ever had or may have, arising from or in any way related to this Agreement and/or your visit to the SUMMIT One Vanderbilt Experience, including, but not limited to, the failure of third parties to observe the safety warnings and guidelines for the SUMMIT One Vanderbilt Experience.

Without limiting the generality of the foregoing, you acknowledge that the Released Parties shall have no liability and shall be held harmless for any liability, loss, damage to personal or real property, medical or other condition suffered or aggravated, injury or death to you or to any other person, due in whole or in part, directly or indirectly, by your presence in the SUMMIT One Vanderbilt Experience, your participation in the SUMMIT One Vanderbilt Experience, and/or from the failure of others to observe the safety warnings and guidelines for the SUMMIT One Vanderbilt Experience.

THE RELEASED PARTIES SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY LOSS OF PROFITS, REGARDLESS OF THE FORM OF ACTION, AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER SUMMIT KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE.

5. DISCLAIMER.

Summit makes no warranties, express or implied, with respect to Summit or the SUMMIT One Vanderbilt Experience. Summit expressly disclaims any express or implied warranty of accuracy or quality and any implied warranty of merchantability, fitness for a particular purpose or noninfringement and assumes no liability for any loss, injury, or damage, including physical injury or damages or loss of property.

6. TICKET POLICY.

Except as expressly stated in writing by Summit, all ticket sales are final and there will be no refunds provided to guests for any reason, including due to weather conditions or waiting times, except in our sole discretion and determination.

Tickets are only valid for the date and/or time specified on ticket. Admission is not guaranteed and is subject to availability for guests running late. Tickets may be transferred in our sole discretion. We reserve the right to deny you entry if you violate any provision of this Agreement or other related policies. Unless otherwise noted, all prices are listed in United States dollars and may include a processing fee. Tickets for admission to the SUMMIT One Vanderbilt Experience are accepted via mobile or printed at home. Destroyed, lost, or stolen tickets are not replaceable. Tickets are not valid for re-entry. When your visit is finished, you may not re-enter the Summit One Vanderbilt Experience without obtaining a new ticket.

We may make improvements and/or changes in Tickets, products, or services at any time without notice. We also: (a) reserve the right to change any goods and services advertised or offered for sale in connection with the Summit One Vanderbilt Experience, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale in connection with the Summit One Vanderbilt Experience will be available when ordered or thereafter; (c) reserve the right to limit quantities of Tickets, goods or services sold or made available for sale; (d) do not warrant that information posted on our website (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on our website is inaccurate or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the website has a non-US domain), Tickets and products sold on our website are intended for end use in the United States and are not labeled or intended for international distribution.

Taxes: If we are legally required to collect sales tax, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Payment Processing; Fraudulent Transactions: We may use third-party service providers, such as a payment processor and fraudulent prevention companies, to process your payment information (including your payment card data) and identify and prevent fraudulent transactions. Be aware that you may be subject to such third-parties’ terms and your information may be subject to their privacy practices. By providing your credit or debit card information, you hereby grant Summit and its agents, including any third-party processing and fraudulent prevention companies, authorization to use such information to process and complete your transaction, and for any other purpose described in Summit One Vanderbilt’s Privacy Policy (which is available at www.summitov.com/privacy).

a. PROMOTIONS.

We may host sweepstakes, contests, or other promotions that may require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register, and/or enter. By entering any such sweepstakes, contest, or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

7. ADMISSION.

The following rules and policies apply when you visit the SUMMIT One Vanderbilt Experience:

• Guests visiting the SUMMIT One Vanderbilt Experience must have a valid ticket to enter.
• Children must be accompanied and supervised by an adult.
• Children 5 years old or younger do not need a ticket and will be able to visit the SUMMIT One Vanderbilt Experience when accompanied by an adult ticket holder.
• Children under the age of 16 must be accompanied by an adult at all times during their visit to the SUMMIT One Vanderbilt Experience.

To protect Summit from fraud, you may be asked to provide additional proof of identity regarding any order placed via the website, including a passport, driver’s license, or credit card.

8. PROHIBITED ITEMS AND ACTIVITIES.

The items listed below are prohibited from entering the facility through a security screening post unless granted an exception or exemption by the SUMMIT One Vanderbilt Director of Security. The SUMMIT One Vanderbilt Director of Security may grant access through a security screening post for a prohibited item that otherwise has a legitimate and legal basis for being carried or possessed in the building.

By no means is this list meant to be exhaustive; instead, it provides a broad overview of the types of prohibited items that are restricted from entering the SUMMIT One Vanderbilt. All items deemed dangerous in the sole discretion of SUMMIT One Vanderbilt are prohibited. In any circumstance where there is a question of whether an item will be allowed into the building, immediately contact the SUMMIT One Vanderbilt Security Room and request that the SUMMIT One Vanderbilt Director of Security responds to your location.

Weapons and other dangerous materials Firearms (including pistols, rifles, shotguns, BB guns, pellet guns, stun guns and tasers), ammunition, knives of any shape or size, any explosive devices including fireworks, smoke bombs, poppers, shanks, glass bottles and containers of any shape and size, aerosol cans, mace/pepper spray, permanent magic markers, spray paint, and any flammable liquids, gasses of any kind. Additionally, baseball bats, hockey sticks, golf clubs and any martial arts equipment are all prohibited.

Transportation devices Bicycles, scooters, roller skates, roller blades, shoes with wheels, strollers and infant carriages that cannot be folded or collapsed if needed, wagons, hoverboards, Segway type ride on devices are all prohibited.

Luggage and bag policy All suitcases, trunks, wheeled duffel bags, carry-on bags, packages, are prohibited. Any other bag, container, or parcel larger than a standard backpack, purse or messenger bag shall be prohibited as well. All bag or packages that a guest desires to bring into Summit One Vanderbilt are subject to inspection, and the decisions of Summit One Vanderbilt personnel regarding the permissibility of any such bag or package are final.

Professional AV Equipment and other Equipment Professional A/V equipment, selfie sticks, tripods or monopods longer than 12" fully extended, large commercial video, and commercial photo equipment, recording devices, megaphones, amplified speaker devices and drones of any size are prohibited.

Other SUMMIT One Vanderbilt Prohibited Items Laser pointers, construction tools, hammers, offensive clothing, any device that can cause a visual or audio distraction to the overall experience, and any other item that the SUMMIT One Vanderbilt Security team, or Executive management team feels can pose a threat to the guests and staff members at SUMMIT One Vanderbilt.

9. WIFI ACCESS.

We may provide access to WiFi connections or similar network connections to you (“WiFi”). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the WiFi and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the WiFi.

We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.

WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.

10. DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

Any dispute, claim, or controversy, including those known or unknown that may be later discovered, relating in any way to this Agreement, other agreements by us, the Privacy Policy, or the SUMMIT One Vanderbilt Experience or Released Parties will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law, and the laws of the State of New York, apply to this Agreement and any matters relating to this Agreement. In addition, Summit’s trademark rights are further governed by United States copyright and trademark laws, and various treaties and international conventions relating to such rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim (“Notice”) to: Summit Ova Tenant LLC, 420 Lexington Ave, Suite #2440, New York, NY 10170, Attention: General Counsel. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. You acknowledge that you may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the county where you live or at another mutually agreed location. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that any such court proceeding must take place in a federal or state court located in New York County, State of New York.

No Class Actions: YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Coordinated Proceedings: If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and us shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Severance of Arbitration Agreement: If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

11. NOTICE OF FILMING OR RECORDING

You understand that you may be photographed, filmed, or otherwise recorded at the SUMMIT One Vanderbilt Experience, and that any and all photographs, recordings, and video footage taken of you by or on behalf of Summit while at the SUMMIT One Vanderbilt Experience (“Recordings”) will be the sole property of Summit. As the owner of the Recordings, subject to Summit’s compliance with applicable laws, Summit has the unconditional, irrevocable universe-wide right to use the Recordings in all media and formats, whether now or later known or developed, for commercial or other purposes in its discretion, without any additional compensation due to you or any other person or entity. You also understand and acknowledge that third party visitors present at the SUMMIT One Vanderbilt Experience may take photographs, recordings or video footage of you or persons under your care and that Summit has no ability or obligation to detect or control such visitor activity. In connection with the foregoing, you understand that the floors, walls and ceilings of portions of the Summit One Vanderbilt Experience consist of mirrored surfaces, and you understand that you should dress accordingly if you have a concern about unwanted exposure of any part of your body.

12. FITNESS AND RESPONSIBLE BEHAVIOR.

You represent that, during your visit to the Summit One Vanderbilt Experience, you (and any minor children or other persons under your responsibility or control): (a) will not be under the influence of any alcohol, drugs, or medications that would alter or impair your senses, judgment, or fitness for participation; (b) will be in good mental and physical health and are not aware of any physical, emotional, or other condition that could create a hazard to you or others as a result of entering or participating in the SUMMIT One Vanderbilt Experience; (c) will act responsibly during your participation with and at the SUMMIT One Vanderbilt Experience in accordance with all of Summit’s rules, regulations, procedures, and Code of Conduct (available at www.summitov.com/codeofconduct); and (d) are not aware of any other reason (medically related or otherwise) why you should not participate in the SUMMIT One Vanderbilt Experience.

13. EMERGENCY MEDICAL CARE.

You give permission to Summit to administer first aid and to arrange for emergency medical care, treatment, and transportation for you or persons under my care in case of a medical emergency. You also give permission to the health care professional selected by Summit to examine, diagnose and treat you, or secure treatment for you, if proper and necessary under the circumstances. You acknowledge that you are solely responsible for any and all charges for medical services provided to you or on your behalf and for carrying your own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation you or others in your care receive or any failure to provide such treatment or transportation.

14. INSPECTION AND SEARCHES.

You give permission to Summit to search your person and belongings prior to entry at the SUMMIT One Vanderbilt Experience and at any time while on Summit’s premises. You agree that if you refuse to submit to such search or are found to be in possession of prohibited or dangerous items (as determined in Summit’s sole discretion), you may be refused entry to or removed from the SUMMIT One Vanderbilt Experience and its vicinity.

15. OTHER POLICIES

This Agreement applies exclusively to your access to, and use of, the SUMMIT One Vanderbilt Experience and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to your access to, and use of, the SUMMIT One Vanderbilt Experience and to the purchase of certain merchandise or services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

• Code of Conduct
• Cookie Policy
• Website Terms and Conditions
• Webstore Tickets Terms and Conditions
• HubSpot Marketing Email Subscriptions Sign Up
• Employment agreements
• Sweepstakes, contest or other promotion policies

Other policies and agreements are typically found by navigating our website, typically by checking our website headers and footers and by reviewing hyperlinked terms at the point of sale.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on our website constitute or should be considered part or of an employment contract or an offer for employment.

16. UPDATES TO THIS AGREEMENT

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue access to, and use of, the SUMMIT One Vanderbilt Experience. Your continued access to, and use of, the SUMMIT One Vanderbilt Experience will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on our website, an email to the address we have on file, or a message in your account, if any.

17. MISCELLANEOUS.

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement shall remain valid and enforceable to the fullest extent permitted by law.

The terms of this Agreement are for the benefit of Summit and its subsidiaries, affiliates, successors and assigns and each shall have the right to assert and enforce such provisions directly or on its own behalf. We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

The headings in this Agreement are for reference purposes only.

This Agreement constitutes the entire agreement between you and Summit respecting the subject matter contained in this Agreement. This Agreement supersede any and all other understandings or agreements, written or oral, regarding such subject matter. You acknowledge that you have not relied on any oral or written representations or statements of any third party or Summit, except as expressly set forth in this Agreement. Any failure of Summit to act with respect to any breach by you or others, or to exercise or enforce any right or provision of this Agreement (a) shall not act as a waiver of any such rights or any related remedies unless such waiver is put in writing by Summit, and (b) shall not act as a waiver with respect to any subsequent or similar breaches by you.

You acknowledge that you have read this Agreement, understand, and agree to be bound by this Agreement.

18. PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18.

You represent that you are over the age of 18 years and/or the parent or guardian of a guest that is under the age of 18 (“Minor”). If you are a parent entering into this Agreement on behalf of a Minor: (a) you represent and warrant that you have the right to consent to this Agreement on behalf of the Minor and yourself; (b) you hereby consent to and approve in all respects the terms and conditions of this Agreement for yourself and on behalf of the Minor, and agree that both the Minor and you shall be bound by all of its terms and conditions; (c) to the fullest extent permitted by law, you, on behalf of yourself, the Minor, and the Minor’s heirs, family members, executors or administrators, release and hold harmless the Released Parties from any and all liabilities incident to the Minor’s experience at the SUMMIT One Vanderbilt Experience, as provided in this Agreement; and (d) you are solely responsible for the Minor’s compliance with these terms and conditions and the guidelines for participating in the SUMMIT One Vanderbilt Experience.

19. CONTACT US

If you have questions about this Agreement, or if you have a question about your order, please contact us at summitov.com/contact. You may also contact us by writing to:

Summit One Vanderbilt Marketing Department
420 Lexington Avenue
Suite #2440
New York, NY 10170

Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.