EFFECTIVE: 10 Aug 2021
SUMMIT ONE VANDERBILT TICKET TERMS AND CONDITIONS
AND RELEASE AND WAIVER OF LIABILITY
PLEASE READ SUMMIT ONE VANDERBILT’S TICKET TERMS AND CONDITIONS AND RELEASE AND WAIVER OF LIABILITY ("AGREEMENT") CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF EACH GUEST THAT OBTAINS A TICKET TO OR ENTERS SUMMIT ONE VANDERBILT AND/OR PARTICIPATES IN THE SUMMIT ONE VANDERBILT EXPERIENCE ("the SUMMIT One Vanderbilt Experience").
To reduce the risk of COVID-19 transmission SUMMIT One Vanderbilt 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 One Vanderbilt cannot guarantee that I will not be exposed during my 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. I will evaluate my own risk in determining whether to attend. I 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, I acknowledge and agree that I assume the inherent risks associated with attendance. Due to the regularly changing nature of the nature of the pandemic, the specific COVID-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 my visit. I understand that the latest COVID conditions and restrictions can be reviewed at www.phase-5-ova-summit.pantheonsite.io/COVID, and I understand that I may be denied entry if I am not in compliance with the conditions and restrictions in effect at the time of my visit.
In agreeing to enter SUMMIT One Vanderbilt, an observation deck and immersive experience located at One Vanderbilt, operated by Summit OV, LLC (“Company”), I, on behalf of myself and my participating minor child/children, and/or other persons under my responsibility and control, if any, agree to the following:
I am aware and understand that SUMMIT One Vanderbilt 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. Those 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 my visit to SUMMIT One Vanderbilt. I 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, I 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. If I am concerned that I or any persons under my care are dressed in a manner that may cause unwanted personal exposure to others in the area, I acknowledge that I will take the “Privacy Path” which affords less visual exposure.
I AGREE TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH VISITING SUMMIT ONE VANDERBILT, 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, I EXPRESSLY ACCEPT THE RISKS ASSOCIATED WITH THE SUMMIT ONE VANDERBILT EXPERIENCE ON BEHALF OF MYSELF AND ANY MINORS OR OTHER PERSONS UNDER MY CONTROL AND CARE (IF ANY).
In consideration of the Company granting me access to SUMMIT One Vanderbilt, and to the fullest extent permitted by law, I, on behalf of myself, any participating minor child/children, accompanying guests or other persons under my responsibility/control, my heirs, executors, administrators, and successors, hereby waive, hold harmless and release the Company and its officers, directors, affiliates, partners, members, managers, employees and agents and the owners or lessees of any premises connected with SUMMIT One Vanderbilt, 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 I, my heirs, executors, administrators, and successors ever had or may have, arising from or in any way related to my visit to SUMMIT One Vanderbilt, 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, I acknowledge that the Released Parties shall have no liability and will be held harmless for any liability, loss, damage to personal or real property, medical or other condition suffered or aggravated, injury or death to me or to any other person, due in whole or in part, directly or indirectly, by my presence in the SUMMIT One Vanderbilt Experience, my participation in the SUMMIT One Vanderbilt Experience, and/or from the failure of others to observe the safety warnings and guidelines for the SUMMIT Experience.
Company makes no warranties, express or implied, with respect to SUMMIT One Vanderbilt or the SUMMIT One Vanderbilt Experience. Company 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.
Any dispute or claim relating in any way to SUMMIT One Vanderbilt or Company 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. 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 to: One Vanderbilt Owner LLC, One Vanderbilt Avenue, New York, NY 10017, Attention: General Counsel. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-current rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. I acknowledge that I may choose to have the arbitration conducted by telephone, based on written submissions, or in-person in the county where I live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. 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. I irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that any such court is an inconvenient forum or venue.
I understand that I may be photographed, filmed, or otherwise recorded at SUMMIT One Vanderbilt, and that any and all photographs, recordings, and video footage taken of me by or on behalf of the Company while at SUMMIT One Vanderbilt ("Recordings") will be the sole property of the Company. As the owner of the Recordings, subject to the Company's compliance with applicable laws, the Company 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 me or any other person or entity. I also understand and acknowledge that third party visitors present at SUMMIT One Vanderbilt may take photographs, recordings or video footage of me or persons under my care and that the Company has no ability to detect or control such visitor activity. In connection with the foregoing, I understand that the floors, walls and ceilings of portions of the Summit One Vanderbilt experience consist of mirrored surfaces, and I understand that I should dress appropriately if I have a concern about unwanted exposure of any part of my body.
I represent that, during my visit to Summit One Vanderbilt, I (and any minor children or other persons under my responsibility or control): (a) will not be under the influence of any alcohol, drugs, or medications that would alter or impair my senses, judgment, or fitness for participation; (b) will be in good mental and physical health and am not aware of any physical, emotional, or other condition that could create a hazard to me or others as a result of entering or participating in the SUMMIT One Vanderbilt Experience; (c) will act responsibly during my participation with and at SUMMIT One Vanderbilt in accordance with all of SUMMIT One Vanderbilt's rules, regulations, procedures, and Code of Conduct (available at www.phase-5-ova-summit.pantheonsite.io/codeofconduct); and (d) will not be aware of any other reason (medically related or otherwise) why I should not participate in the SUMMIT One Vanderbilt Experience.
I give permission to the Company to administer first aid and to arrange for emergency medical care, treatment, and transportation for me or persons under my care in case of a medical emergency. I also give permission to the health care professional selected by the Company to examine, diagnose and treat me, or secure treatment for me, if proper and necessary under the circumstances. I acknowledge that I am solely responsible for any and all charges for medical services provided to me or on my behalf and for carrying my 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 I or others in my care receive or any failure to provide such treatment or transportation.
I give permission to Company to search my person and belongings prior to entry at SUMMIT One Vanderbilt and at any time while I am on the SUMMIT One Vanderbilt premises. I agree that if I refuse to submit to such search or am found to be in possession of prohibited or dangerous items (as determined in Company's sole discretion), I may be refused entry to or removed from SUMMIT One Vanderbilt and its vicinity.
This Agreement is intended to be as broad and inclusive as is permitted by law. If any portion of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Company reserves the right to amend the terms of this Agreement (and any exhibits or amendments thereto) from time to time by posting such updated terms on the SUMMIT One Vanderbilt website.
This Agreement states the complete understanding as to its subject matter, supersedes all of the parties’ prior written or oral, express or implied agreements, understandings, communications or statements about those matters, and may only be modified (or any provision waived) by a writing signed by the parties.
I represent that I am over the age of 18 and/or I am the parent or guardian of a guest that is under the age of 18 ("Minor"). If I am a parent entering into this Agreement on behalf of a Minor: (a) I have the right to consent to this Agreement on behalf of the Minor and myself; (b) I hereby consent to and approve in all respects the terms and conditions of this Agreement for myself and on behalf of the Minor, and agree that both the Minor and I shall be bound by all of its terms and conditions; (c) to the fullest extent permitted by law, I, on behalf of myself, 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 SUMMIT One Vanderbilt, as provided in this Agreement; and (d) I am solely responsible for the Minor’s compliance with these terms and conditions and the guidelines for participating in the SUMMIT One Vanderbilt Experience.
In purchasing a ticketing to or entering SUMMIT One Vanderbilt, I understand that I am voluntarily giving up certain legal rights, including the right to sue the Released Parties. I acknowledge that I have had an adequate opportunity to read and consider this Agreement, have read the foregoing and fully understand the contents hereof, and that it is entered into voluntarily. I further understand and agree that this Agreement is legally binding on me, my minor children and any persons under my responsibility and control, if applicable, and my heirs, personal representatives, and assigns.
Ticketing & Admission