EFFECTIVE: September 11, 2019
VESSEL TERMS AND CONDITIONS
AND RELEASE AND WAIVER OF LIABILITY
PLEASE READ THE VESSEL TERMS AND CONDITIONS RELEASE AND WAIVER OF LIABILITY (“AGREEMENT”) CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF EACH GUEST THAT PURCHASES A TICKET TO OR ENTERS THE VESSEL EXPERIENCE AT HUDSON YARDS (THE “VESSEL”).
In consideration for being permitted to enter the Vessel, an interactive staircase and art installation located at Hudson Yards, provided and/or operated by ERY Vessel LLC (“Company”), I, on behalf of myself and my participating minor child/children, if any, agree to the following:
- ACKNOWLEDGEMENT OF RISKS. I am aware and understand that the Vessel is an interactive and immersive architectural experience that inherently involves potential risks and dangers associated with interacting with and in, and traversing through, in and/or around, an art exhibition. Those risks may include, for example, slipping, being knocked off balance, falling, exposure to heights (which may cause vertigo, nausea, or discomfort), exposure to flashing or intermittent special effects or lighting, personal injury, or death.
- ASSUMPTION OF RISKS. DESPITE THE RISKS AND DANGERS INHERENT IN VISITING THE VESSEL, I AGREE TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE VESSEL, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS.
- RELEASE AND WAIVER OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS HEREBY WAIVE, HOLD HARMLESS AND RELEASE COMPANY AND ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR THE VESSEL (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LAWSUITS, DAMAGES, AND LIABILITIES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, IN LAW OR EQUITY THAT I, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS EVER HAD OR MAY HAVE, ARISING FROM OR IN ANY WAY RELATED TO MY VISIT TO THE VESSEL.
- DISCLAIMER. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE VESSEL. 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 TO PROPERTY.
- DISPUTES. Any dispute or claim relating in any way to the Vessel 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: c/o Related Companies, 60 Columbus Circle, New York, NY 10023, Attention: Hudson Yards, General Counsel. The arbitration will be conducted by the American Arbitration Association (AAA) under its 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. 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. 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.
- NOTICE OF FILMING OR RECORDING. I understand that I may be photographed, filmed, or otherwise recorded at the Vessel, and that all photographs, recordings, and video footage taken of me by or on behalf of the Company while at the Vessel (“Recordings”) will be the property solely of Company. As the owner of the Recordings, subject to Company’s compliance with applicable laws, Company has the unconditional, irrevocable right to use the Recordings in all media and formats, whether now or later known or developed.
- FITNESS AND RESPONSIBLE BEHAVIOR. I represent that I (and any minor children or other people under my responsibility or control): (a) am not under the influence of any alcohol, drugs, or medications that would alter or impair my or their senses, judgment, or fitness for participation; (b) 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 experiencing the Vessel; and (c) will act responsibly during my participation with and at the Vessel in accordance with all of the Vessel’s rules, regulations, procedures and standards of conduct set forth herein, including the “The Vessel Guest Rules and Policies” (as updated from time to time) or otherwise posted on the Vessel’s premises or in its vicinity.
- EMERGENCY MEDICAL CARE. I give permission to Company to administer first aid and to arrange for emergency medical care, treatment, and transportation for me in case of a medical emergency. I also give permission to the health care professional selected by 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 receive or any failure to provide such treatment or transportation.
- INSPECTION; SEARCHES. I give permission to Company to search my person and belongings prior to my entry to the Vessel and at any time while I am on the Vessel premises. I agree that if I refuse to submit to such search or am found to be in possession of dangerous or unsuitable materials (as determined in Company’s sole discretion), I may be refused entry to or removed from the Vessel and its vicinity.
- INVALIDITY. If any portion (e.g., paragraph or sentence) 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.
- MODIFICATIONS. Company reserves the right to amend or vary the terms of the Agreement (and any exhibits or amendments to the Agreement) from time to time by posting such updated terms on the Vessel website.
- MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. I understand and agree that this Agreement is legally binding on me, my minor children, if applicable, my heirs, personal representatives, and assigns.
- PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18. 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 and the minor's execution of this Agreement, and agree that both the minor and I shall be bound by all of its terms and conditions; and (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 the Vessel, as provided in this Agreement.
BY PURCHASING A TICKET TO OR ENTERING THE VESSEL, I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.
THE VESSEL GUEST RULES AND POLICIES
1. Admission & Ticketing.
- Guests must have a valid ticket to enter the Vessel.
- Tickets are valid for the date and/or time specified on your ticket. If you are late, you may be permitted to enter at later time slot; however, admission is not guaranteed and is subject to availability.
- Tickets purchased via the website are non-refundable. There will be no refunds provided to customers for any reason, including due to weather conditions, length of lines, or wait times at the building. Lost, stolen, or destroyed tickets are not replaceable.
- Flex Pass tickets are for the date specified on your ticket are good for one-time entrance to Vessel during operating hours of selected day.
- Children 5 years old or younger do not need a ticket and may attend the Vessel when accompanied by an adult ticket holder.
- Children must be accompanied and supervised by an adult.
- Re-entry to the Vessel is not permitted. If you leave Vessel, you cannot re-enter without obtaining a new ticket.
- We reserve the right, at all times, in our sole discretion, to expel, or prohibit guest access to the Vessel for any reason, including (i) the termination of all general public access during the time guests are otherwise scheduled to have access; (ii) to comply with applicable law or requests from law enforcement; (iii) for security reasons; or (iv) any violation of the Agreement, including these Guest Rules and Policies.
2. Access for Individuals with Disabilities. The Vessel is wheelchair accessible. The Vessel space is accessible with the use of ramps and elevators. Individuals who require, or anticipate a need for, assistance should contact Vessel on-site staff, or are encouraged to email [email protected] or call 212-801-1000 in advance of visiting the Vessel.
3. Group Booking.
- Group reservations are required for groups of 15 or more. Please contact us at 1-332-204-8500 or email us at [email protected] to inquire about your group visit.
- Group reservations must be reserved 3 days in advance and payment for Flex Pass ticket purchases must be paid at the time of booking. Payment is only available by credit card provided over the phone.
- Group size may be limited per time slot, subject to availability. Some blackout or other restrictions may apply.
- One chaperone per every 10 guests (ages 0-18) are required. Chaperones must remain with the group at all times. Chaperones must be older than 21 years to qualify as a chaperone.
- No refunds shall be issued in the event of closure due to weather. Flex Pass tickets can be reissued for a future date in the event of closure due to weather.
- We reserve the right to refuse or dismiss any group for misconduct.
- Unapproved third-party guided tours are not permitted inside Vessel.
4. Permitted Areas and Safety. You must remain within permitted areas as designated by Company or the Vessel staff members. You must follow any instructions given by Company or staff members. All guests are responsible for their own safety and for the safety of any accompanying children.
6, Prohibited Items. Company has the exclusive right to determine what items may be brought into the Vessel. The Company may refuse entry or remove guests from the exhibition space if a guest attempts to bring or has brought a prohibited item into the Vessel. The following items are prohibited:
- Dangerous materials (including but not limited to): Weapons, fireworks, smoke bombs, glass bottles, flammable liquids.
- Large Items (including but not limited to): Bags, bicycles, skateboards, roller skates, umbrellas or large photographic equipment.
- Luggage: Guests may not bring any luggage of any kind into the exhibition space (luggage includes any parcel or backpack that is larger than 9 X 14 X 22).
- Food and Drink. No food and drink (except water in clear plastic bottles) is allowed on the Vessel. Glass bottles are strictly prohibited.
- Pets or Animals. All pets or animals are expressly prohibited in the Vessel, with the exception of service animals.
- Audio and Visually Distracting Items (including but not limited to): Horns, whistles, megaphones, flags or banners are expressly prohibited.
7. Guest Conduct.
- No Smoking. Smoking of any kind (including the use of e-cigarettes) is at all times strictly prohibited in the Vessel.
- No Strollers. Strollers are not permitted inside the Vessel.
- Guest Photography and Video.
- Guests may take personal photographs and personal video within the Vessel solely for their private, personal, and non-commercial use. Guests may not publish, sell, reproduce, transfer, distribute, or otherwise commercially exploit videos and photographs except as expressly permitted in the Agreement. Company must approve the creation of any commercial media, commercial photography or commercial video in advance in writing. Inquiries regarding commercial media or commercial photography may be directed to [email protected]
- Guests should exercise caution when using cell phones and cameras and remain aware of their surroundings; failure to do so may lead to serious injury or death.
- Guest Sketching and Drawing. Guests are allowed to sketch and draw within the Vessel, but use of permanent markers and paint is not permitted.
- No running, jumping or playing in the Vessel.
- No signs or banners are permitted.