Terms & Conditions
EFFECTIVE: March 19, 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. I have explained these risks to my participating minor child/children, if any.
- 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, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY released parties NAMED BELOW OR OTHERS.
- RELEASE AND WAIVER OF LIABILITY. I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS HEREBY WAIVE, HOLD HARMLESS AND RELEASE COMPANY AND ITS OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR THE VESSEL (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DEBTS, CONTRACTS, EXPENSES, 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 PARTICIPATION IN 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 WITHOUT LIMITATION PHYSICAL OR MENTAL INJURY OR DAMAGES OR LOSS TO PROPERTY. EVEN IF DUE TO COMPANY’S OR ANY RELEASED PARTY’S NEGLIGENCE, COMPANY AND RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM A VISIT TO THE VESSEL, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- INDEMNITY. I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES, CLAIMS, LIABILITIES, DEMANDS, CAUSES OF ACTION, JUDGEMENT, SETTLEMENTS, LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEYS' FEES OR MEDICAL EXPENSES) ARISING OUT OF ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR LOSS TO ANY PERSON (OTHER THAN THE RELEASED PARTIES) THAT OCCURS AS A DIRECT OR INDIRECT RESULT OF MY ENTRY TO OR INTERACTION WITH THE VESSEL.
- 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 apply 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.
- NOTICE OF FILMING OR RECORDING. I understand that I may be photographed, filmed, or otherwise recorded at the Vessel. I agree that all photographs, audio recordings, and video footage taken of me while at the Vessel, and any derivative works (“Recordings”), will be the sole property of Company. As the owner of the Recordings, Company has the unconditional, irrevocable right (exercisable by Company or by third parties on Company’s behalf) to reproduce, display and use the Recordings, including for advertising, marketing and promotional purposes, in all media and formats, whether now known or later developed. I further authorize Company to store the Recordings on a database and transfer the Recording to third parties in conjunction with security and marketing procedures undertaken by Company.
- MY SOCIAL MEDIA POSTS. As between me and Company, I retain ownership of any photographs, text, audio recordings or video footage depicting or relating to the Vessel that I may create (the “Vessel Media”), unless otherwise agreed by me and Company. If I post any Vessel Content to any social media channel, I hereby grant to Company and its affiliates the right to re-post, share, publish, promote and distribute the Vessel Media via such social media channel and via websites associated with the Vessel or Hudson Yards (including my name, voice and likeness and any other aspects of my persona as depicted in the Vessel Media), in perpetuity. I understand that I will not be entitled to any compensation from the Company, its affiliates or their respective vendors in connection with the same.
- 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 attached “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, whether arising from the negligence of any of the Released Parties or otherwise.
- 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. I expressly agree that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the State of New York. 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. All matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of New York, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or the Vessel will be filed only in a federal or state court located in the County of New York, State of New York, and Company and I irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue.
- 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) I, on behalf of myself, the Minor and the Minor’s heirs, family members, executors or administrators, releases and holds harmless the Released Parties from any and all liabilities incident to the Minor’s experience at the Vessel, as provided in this Agreement, even if arising from the negligence of the Released Parties, to the fullest extent permitted by law.
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
- Admission & Ticketing.
- Guests must have a valid ticket to enter the Vessel.
- Tickets are valid for the date and 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.
- Children 3 years old or younger may attend the Vessel free of charge when accompanied by an adult ticket holder.
- Children must be accompanied and supervised by an adult.
- Guests receiving a military discount must present valid military identification at the time of entry to the Vessel.
- Company does not permit re-entry to the Vessel. If you leave, you cannot enter without purchasing 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.
- 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.
- 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.
- 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).
- No Food and Drink. Food and drink (other than plastic water bottles) are not permitted in the Vessel under any circumstances. KITH Treats are available for purchase outside the exhibition space.
- No Pets or Animals. All pets or animals are expressly prohibited in the Vessel, with the exception of properly documented service animals.
- 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 noncommercial 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.