CITY CLIMB HEALTH AND SAFETY REQUIREMENTS
All participants must complete and sign this document before participating in the City Climb activities.
You must not participate in the City Climb activities if you believe, or suspect, that your physical or mental condition may put your health and safety, or that of your minor participants, or other participants, at risk. If in doubt, speak to any City Climb staff member. Please be aware that even if you feel able to participate, you may be prohibited from doing so by the City Climb staff.
To help you assess your ability to participate, please carefully read and review the following health and safety information and check all that may apply to you, or the minor that you are signing on behalf of.
You should not participate in the City Climb activities if you:
- Are pregnant or think you might be pregnant
- Have broken bones or full or partial loss of limbs (prosthetics are not permitted)
- Have undergone surgery in the past six months, have ever had surgery that would lead to a condition that would contraindicate participation in physical activities, or are experiencing ongoing symptoms of any prior surgery
- Have experienced a seizure or other disorder in the past six months
- Have chest pains, shortness of breath, or a history of heart attack or stroke
- Have any physical or mental condition that may affect you today or be triggered by the activities
- Are under the influence of any drug (legal or illegal) or alcohol
The following conditions may impact your ability to participate safely in the City Climb activities:
- All heart conditions (including high blood pressure)
- All respiratory conditions (including asthma)
- Vertigo, dizziness, or loss of balance
- Diabetes or anaphylactic allergies
- Seizures or other similar disorders
- Visual impairment (prescription glasses or contact lenses are permitted)
In order to participate by walking the Course, you must:
- Be a minimum age of 13 years old
- A parent or legal guardian must complete the City Climb Terms and Conditions, Release and Waiver
- of Liability on behalf of any person under 18 years old
- Be between 4’9” (1.45m) and 6’7” (2.0m) tall
- Be a maximum clothed weight of 310 lbs (140 kg)
- Be able to, and agree to, follow all verbal and visual instructions
- Be able to walk independently, have full body control, and have full hand-eye coordination
SUMMARY OF CITY CLIMB PARTICIPANT RESPONSIBILITIES
- There are inherent risks in the participation in or on any aerial adventure course or attraction of which requires appropriate patron awareness, participation, physical ability, and dexterity. Patrons of aerial adventure courses or attractions by participation accept the risks inherent in such participation which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgement and act in a responsible manner while in or on any aerial adventure course, and to obey all verbal or written warnings before or during participation, or both.
- Patrons have a duty to not participate in or on any aerial adventure course or attraction when under the influence of drugs or alcohol
- Patrons have a duty to properly use all aerial adventure course safety equipment provided
- Patrons have duty to not participate in or on any aerial adventure course when their physical condition will prevent safe participation
In addition to other activities, Participants agree to:
- Be screened for weapons, explosives, alcohol, and other prohibited items by means of various devices administered by the City Climb staff, including by breathalyzer, and understand that the presence of any of the foregoing are grounds for exclusion from City Climb and removal from its property
- Be subject to metal detection and a physical screen by the City Climb staff in order to remove all hazards
- Be fitted into a special Climb Suit, shoes, and lanyard by the City Climb staff
- Be latched and unlatched from the harness and lanyards by the City Climb staff
- Be shown by the City Climb staff how to properly use the equipment
- Be given instructions and demonstrations of the activities and rules by the City Climb staff
- Demonstrate their ability to use the equipment safely and to manage risks properly before participating in and during the City Climb activities
- Remain attached to lanyards at all times and be expected to follow all rules and direction by City Climb staff
Participants must be visible to the City Climb staff at all times during the activities in order for the staff to be able to observe health, safety, and medical issues and respond immediately should the need arise.
PLEASE READ THE CITY CLIMB TERMS AND CONDITIONS, RELEASE AND WAIVER OF LIABILITY (“AGREEMENT”) CAREFULLY. IT AFFECTS THE LEGAL RIGHTS OF EACH GUEST THAT OBTAINS A TICKET TO OR ENTERS THE CITY CLIMB EXPERIENCE AT HUDSON YARDS (THE “CITY CLIMB”).
In consideration for being permitted to enter the City Climb, an interactive thrill experience located at Hudson Yards and provided and/or operated by HY Attractions Manager LLC on behalf of KRE HYOD Owner LLC (“Company”), I, on behalf of myself and my participating minor child/children, if any, agree to the following:
1. HEALTH AND SAFETY REQUIREMENTS. The City Climb Health and Safety Requirements, and all
agreements made therein, are incorporated herein by reference.
2. ACKNOWLEDGEMENT OF RISKS. I am aware and understand that the City Climb is an interactive thrill experience that inherently involves potential risks and dangers associated with interacting with and in, and traversing through, in and/or around, an aerial adventure course. 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.
3. ASSUMPTION OF RISKS. DESPITE THE RISKS AND DANGERS INHERENT IN VISITING THE CITY CLIMB, I AGREE TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE CITY CLIMB, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS.
4. 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 CITY CLIMB (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 PARTICIPATION IN THE CITY CLIMB.
5. DISCLAIMER. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CITY CLIMB. 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.
6. 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 CITY CLIMB.
7. INDEMNITY FOR MINOR CHILDREN. If I am executing this Agreement because my minor child is participating in City Climb:
a. I am the parent of legal guardian of the minor child listed below;
b. 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 THE MINOR CHILD IDENTIFIED BELOW THAT OCCURS AS A DIRECT OR INDIRECT RESULT OF MY ENTRY TO OR INTERACTION WITH CITY CLIMB.
8. COVENANT NOT TO SUE: I agree, for myself and on behalf of any minor children identified below, and on behalf of each of our heirs, executors or administrators, successors and assigns, not to institute any suit or action at law, or otherwise, against City Climb, nor to initiate or assist the prosecution of any claim for damages, or other cause of action, which any of us have or may have arising from participating in City Climb or any of the activities contemplated by this Agreement.
9. DISPUTES. In the event that the foregoing is for any reason unenforceable, any dispute or claim relating in any way to the City Climb 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. 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, 30 Hudson Yards, New York, NY 10001, 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 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.
10. NOTICE OF FILMING OR RECORDING. I understand that I may be photographed, filmed, or otherwise recorded at the City Climb, and that all photographs, recordings, and video footage taken of me by or on behalf of Company while at the City Climb (“Recordings”), will be the property solely of Company. As the owner of the Recordings, subject to Company’s compliance when applicable by laws, Company has the unconditional, irrevocable right to use the Recordings in all media and formats, whether now known or later developed.
11. FITNESS AND RESPONSIBLE BEHAVIOR. I represent that I (and any minor children identified below): (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 City Climb; and (c) will act responsibly during my participation with and at the City Climb in accordance with all of the City Climb’s rules, regulations, procedures and standards of conduct set forth herein, including “The City Climb Guest Rules and Policies” (as updated from time to time) or otherwise posted on the City Climb’s premises or in its vicinity.
12. 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.
13. INSPECTION; SEARCHES. I give permission to Company to search my person and belongings prior to my entry to the City Climb and at any time while I am on the City Climb 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 City Climb and its vicinity.
14. 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.
15. 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 City Climb website.
16. 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.
17. 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 legal 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; and (c) to the fullest extent permitted by law, I, on behalf of myself, the Minor and the Minor’s heirs, family members, executors and administrators, release and holds harmless the Released Parties from any and all liabilities incident to the Minor’s experience at the City Climb.
BY OBTAINING A TICKET TO OR ENTERING THE CITY CLIMB, I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.
I HAVE READ, UNDERSTAND AND AGREE TO THE CITY CLIMB TERMS AND CONDITIONS, RELEASE AND WAIVER OF LIABILITY (AND THE CITY CLIMB HEALTH AND SAFETY REQUIREMENTS INCORPORATED THEREIN). I AM AWARE OF THE PHYSICAL EXERTION REQUIRED TO PARTICIPATE IN THE CITY CLIMB ACTIVITIES
AND ASSUME RESPONSIBILITY FOR MY PARTICIPATION (AND, IF I AM ENTERING INTO THIS AGREEMENT ON BEHALF OF A MINOR, THAT OF THE MINOR), GIVEN MY MEDICAL HISTORY OR THAT OF THE MINOR. I ACKNOWLEDGE AND AGREE THAT THE CITY CLIMB STAFF RESERVES THE RIGHT TO PROHIBIT AN INDIVIDUAL FROM PARTICIPATING IN THE ACTIVITIES AND THE RIGHT TO MODIFY THE ACTIVITIES FOR AN INDIVIDUAL. I FURTHER ACKNOWLEDGE AND AGREE THAT THE HEALTH AND SAFETY REQUIREMENTS, AS WELL AS THE SCOPE, TERMS AND CONDITIONS OF THE CITY CLIMB ACTIVITIES, ARE SUBJECT TO CHANGE, WITHOUT NOTICE, BY CITY CLIMB, AT ITS SOLE AND ABSOLUTE DISCRETION.