Terms & Conditions

EFFECTIVE: March 4, 2024

EDGE TERMS AND CONDITIONS
AND RELEASE AND WAIVER OF LIABILITY

PLEASE READ THE EDGE 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 EDGE EXPERIENCE AT HUDSON YARDS (THE “EDGE”).

In consideration for being permitted to enter the Edge, an observation deck located at Hudson Yards, provided and/or operated by HY Attractions Manager LLC on behalf of KRE HYOD Owner LLC, or an affiliate thereof (“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 Edge is an observation deck and experience that inherently involves potential risks and dangers associated with interacting with and in, and traversing through, in and/or around, an observation deck experience. 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 EDGE, I AGREE TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE EDGE, 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 EDGE (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 EDGE.
DISCLAIMER. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EDGE. 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 Edge 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 The Related Companies, L.P., 30 Hudson Yards, New York, New York 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 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 Edge, and that all photographs, recordings, and video footage taken of me by or on behalf of the Company while at the Edge (“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 Edge; and (c) will act responsibly during my participation with and at the Edge in accordance with all of the Edge’s rules, regulations, procedures and standards of conduct set forth herein or otherwise posted on the Edge’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 Edge and at any time while I am on the Edge 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 Edge 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 legal Agreement) from time to time by posting such updated terms on the Edge 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 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 or administrators, release and hold harmless the Released Parties from any and all liabilities incident to the Minor’s experience at the Edge, as provided in this Agreement.

BY PURCHASING A TICKET TO OR ENTERING THE EDGE, I UNDERSTAND THAT I AM VOLUNTARILY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.

THE EDGE GUEST RULES AND POLICIES

1. Admission & Ticketing.

Guests must have a valid ticket to enter the Edge.
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.
Flex Admission tickets are for the date specified on your ticket are good for one-time entrance to Edge during operating hours (as may be updated from time to time) of selected day.
Annual Pass includes:

Unlimited access to Edge during operating hours (as may be updated from time to time), valid for one (1) year starting from date of first visit
Flexible arrival time for each visit
Digital membership card
10% discount at Edge retail stores
2-for-1 City Climb tickets: buy one and get the second one for free. City Climb Terms and Conditions apply.
Free access and/or discounts to select special events

Annual Passes are non-refundable and non-transferable. Must be redeemed within one (1) year from date of purchase. Annual Pass benefits are for personal, non-commercial use only. Benefits and prices are subject to change. A photo will be required to obtain an Annual Pass.
Children 5 years old or younger do not need a ticket and may attend the Edge when accompanied by an adult ticket holder.
Children must be accompanied and supervised by an adult.
Re-entry to the Edge is not permitted. If you leave Edge, you cannot re-enter without obtaining a new ticket.
Tickets purchased via the Website are non-refundable. There will be no refunds provided to guests 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.
Our Sky Assurance Weather Guarantee provides you with three (3) options if bad weather affects the day of your visit (offers can only be redeemed in person and on site at Guest Services; offer only valid before Edge ticket has been activated; only one (1) option from the below may be redeemed per Edge ticket):

Option 1 - Visit Edge Today: Visit Edge today and enjoy 20% off at the Edge bar. A voucher will be handed to you by our Guest Services team on the day of your visit. Offer can only be redeemed on the date displayed on the voucher, only valid for one (1) transaction. Only one (1) voucher can be redeemed per person. Redeemable at any permanent Edge bar on Level 100 and 101. Non transferrable / not for resale or exchange / non-refundable / void if altered.
Option 2 - Option 2 - Visit MoMA and Come Back to Edge Later: Exchange your Edge ticket for a ticket to visit The Museum of Modern Art (MoMA) and enjoy 50% off your next visit to Edge. The ticket to MoMA and the Edge voucher will be handed to you by our Guest Services team on the day of your visit. Edge voucher is non-refundable and non-transferable, valid for six (6) months from exchange date. Only one (1) voucher can be redeemed per person. Non transferrable / not for resale or exchange / non-refundable / void if altered. MoMA ticket is non-refundable and non-transferable, valid for a term as indicated on ticket. Only one (1) MoMA ticket can be redeemed per person. MoMA ticket non transferrable / not for resale or exchange / non-refundable / void if altered / terms and conditions of MoMA ticket apply. Limited time offer, MoMA ticket may be replaced by a ticket to another indoor NYC attraction, at Company’s sole discretion.
Option 3 – Visit Edge Later: Rebook your ticket for a new date.

We reserve the right, at all times, in our sole discretion, to expel, or prohibit guest access to the Edge 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 Edge is wheelchair accessible. The Edge space is accessible with the use of ramps and elevators. Individuals who require, or anticipate a need for, assistance should contact Edge on-site staff, or are encouraged to email [email protected] or call 332-204-8500 in advance of visiting the Edge.

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 made in advance and payment must be received four weeks prior to visit.
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.
We reserve the right to refuse or dismiss any group for misconduct.
Unapproved third-party guided tours are not permitted inside Edge.

4. Permitted Areas and Safety. You must remain within permitted areas as designated by Company or the Edge 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.

5. CCTV, Security Recordings, and Personal Data. Company uses closed circuit television (CCTV) and other audio and visual recordings in the Edge for security reasons. By entering the Edge, you agree that Company may use such images and recordings for the purposes of maintaining and investigating safety and security at the Edge and within its vicinity in accordance with its Privacy Policy.

6, Prohibited Items. Company has the exclusive right to determine what items may be brought into the Edge. 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 Edge. 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 Edge. Glass bottles are strictly prohibited.
Pets or Animals. All pets or animals are expressly prohibited in the Edge, 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 Edge.
Strollers. Strollers are permitted at the Edge but you may be asked to remove your child and fold your stroller up for access to the elevators as well as the escalators within the Edge experience.
Guest Photography and Video.
- Guests may take personal photographs and personal video within the Edge solely for their private, personal, and non-commercial use. Guests may not for commercial purposes publish, sell, reproduce, transfer, distribute, or otherwise exploit videos and photographs taken within the Edge without Company’s advance written approval. 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.
No running, jumping or playing in the Edge.
No signs or banners are permitted.

An inherent risk of community exposure to COVID-19 exists in any public place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and people of any age with underlying medical conditions may be especially vulnerable.

We cannot guarantee you will not be exposed to someone who may be infected with COVID-19 during your visit.

By visiting Edge, you acknowledge and agree that you assume all inherent risks, including but not limited to risks arising from ordinary negligence, of exposure to COVID-19.

For the most updated, accurate information on COVID-19, turn to established public health resources, including the NYC Dept. of Health & Mental Hygiene, the New York State Dept. of Health, and the Centers for Disease Control & Prevention (CDC).

CITY CLIMB

EFFECTIVE: JULY 19, 2022

CITY CLIMB HEALTH AND SAFETY REQUIREMENTS AND TERMS AND CONDITIONS
AND RELEASE AND WAIVER OF LIABILITY

City Climb

HEALTH AND SAFETY REQUIREMENTS

All participants must view 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 limit 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 310lbs (140kg)
Be able to walk independently, have full body control, and have full hand-eye coordination
Be able to, and agree to, follow all verbal and visual instructions
- City Climb activities are presented in English unless otherwise specified. For questions or inquiry into the availability in other languages, please contact [email protected].

SUMMARY OF CITY CLIMB PARTICIPANT RESPONSIBILITIES

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 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:

HEALTH AND SAFETY REQUIREMENTS. The City Climb Health and Safety Requirements, and all agreements made therein, are incorporated herein by reference.
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.
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.
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.
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.
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.
INDEMNITY FOR MINOR CHILDREN. If I am executing this Agreement because my minor child is participating in City Climb:
1. I am the parent of legal guardian of the minor child listed below;
2. 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.
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.
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 The Related Companies, L.P., 30 Hudson Yards, New York, New York 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.
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.
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.
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 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.
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 City Climb 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 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.

We cannot guarantee you will not be exposed to someone who may be infected with COVID-19 during your visit.

By visiting City Climb, you acknowledge and agree that you assume all inherent risks, including but not limited to risks arising from ordinary negligence, of exposure to COVID-19.

SKY SKATE PRESENTED BY DUNKIN' PROTOCOLS

EFFECTIVE: October 25, 2023

CODE OF CONDUCT AND ASSUMPTION OF RISK BY ENTERING THE FACILITY, SKATERS AND SPECTATORS ACKNOWLEDGE THAT THEY UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING:

MAINTAIN CONTROL OF SKATING SPEED AND COURSE AT ALL TIMES.
READ AND ABIDE BY ALL POSTED SIGNS AND WARNINGS AND COOPERATE WITH THE RINK STAFF.
MAINTAIN A PROPER LOOKOUT TO AVOID SKATERS, OBJECTS OR CONDITIONS ON THE SURFACE OF THE ICE RINK.
ACCEPT RESPONSIBILITY FOR KNOWING RANGE OF ABILITY WHILE ON SKATES AND SKATE WITHIN THE LIMITS.
NO SKATING IS PERMITTED WHILE UNDER THE INFLUENCE OF DRUGS, ALCOHOL OR OTHER CONTROLLED SUBSTANCES.
LEAVE THE ICE SURFACE WHEN SKATE SESSION IS OVER.
DO NOT TAKE ANY FOOD OR DRINK ONTO THE RINK SURFACE OR THE SURROUNDING DASHER OR CAP RAIL.
DO NOT ACT IN A MANNER THAT MAY CAUSE OR CONTRIBUTE TO INJURY TO THEMSELVES OR ANY OTHER PERSON.
DO NOT THROW OR LEAVE OBJECTS ON THE RINK SURFACE.
NO SKATING BACKWARDS.
NO CHAIN SKATING.
IF RENTAL SKATES DO NOT FIT PROPERLY, PLEASE RETURN THEM TO THE SKATE RENTAL COUNTER IMMEDIATELY.
NO BAGS OR BACKPACKS ALLOWED ON THE RINK SURFACE.
DO NOT INSTIGATE OR BECOME INVOLVED IN ANY TYPE OF ALTERCATIONS WITH ANY OTHER SKATER OR SPECTATOR AND DO NOT ENGAGE IN ABUSIVE, ABRASIVE OR DISORDERLY CONDUCT.
ASSUMPTION OF RISK: BY ENGAGING IN SKATING OR BEING PRESENT AT THE FACILITY; SKATERS AND SPECTATORS, ARE DEEMED TO HAVE KNOWLEDGE OF AND ASSUME THE INHERE NT RISKS OF SKATING, WHICH INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
- INJURIES THAT RESULT FROM COLLISIONS OR CONTACT WITH OTHER SKATERS OR OTHER INDIVIDUALS WHO ARE ON OR NEAR THE SKATING SURFACE.
- INJURIES THAT RESULT FROM FALLS.
- INJURIES THAT INVOLVE OBJECTS OR ARTIFICIAL STRUCTURES THAT ARE PROPERLY WITHIN INTENDED PATH OF THE TRAVELING SKATER.

VIOLATIONS OF ANY OF THE ABOVE MAY RESULT IN REMOVAL FROM THE ICE RINK SURFACE AND / OR EJECTION FROM THE PREMISES.

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