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The ride will feature a vertical launch system similar to that on Pilgrims Plunge at Holiday World (USA) – currently the world’s tallest water coaster – followed by an extended track layout including two splash sections. Passengers in each of 11 boats will travel at speeds of up to 110kmh during the 2 minute 40 second experience. Dubbed, “the Formula One of the Seas,” the attraction will feature a motorboat racing theme and is set for a June 2012 debut.
“Divertical will be not only be the highest water coaster in the world, but thanks to its imposing size and its innovative concept will also become an icon of the park,” notes Mirabilandia CEO Riccardo Copo. Part of Parques Reunidos group, Mirabilandia is Italy’s second most popular amusement park (behind Gardaland), entertaining around 1.5 million guests a year. Divertical will join in a thrill ride line-up that also includes the Intamin launch coaster iSpeed and B&M inverted coaster Katun.
Cartoon Network waterpark for Thailand
Construction has begun on the world’s first Cartoon Network-themed waterpark, which will open next year in Thailand. Located on the east coast of the country in idyllic Bang Saray, close to
Pattaya, Cartoon Network AMAZONE will feature the licensed properties Ben 10, The Powerpuff Girls, Johnny Bravo and The Amazing World of Gumball. The waterpark will incorporate an Amazon Rainforest theme and feature signature attractions including a gigantic family wave pool, a winding adventure river, speed-racing slides, family raft rides and one of the world’s largest interactive water play fortresses for kids.
“At Cartoon Network AMAZONE families can step into our vibrant world of animation and vacation like never before,” says Sunny Saha, senior vice- president and managing director of Turner Broadcasting Asia Pacific. “We are very proud to have Thailand as the spectacular backdrop for the world’s first Cartoon Network-themed waterpark.” Turner will develop the waterpark together with local attraction and resorts operator Amazon Falls Co Ltd. Creative design is being handled in-house by the team at Cartoon Network Asia in Hong Kong, with equipment supplied by Polin Waterparks & Pool Systems. Phase one is already under construction. When complete it will cover 14 acres of coastal plains and attract a projected 800,000 visitors a year.
“Thailand has excellent tourism credentials, a vibrant culture with a vast history and also the most welcoming people in the world,” notes Amazon Falls chairman Liakat Dhanji. “Cartoon Network is a global household name, and we have no doubt that by welcoming our guests to meet their favourite Cartoon Network heroes, it will be a great draw for our park.” Bang Saray retains its charm as a fully functioning fishing port yet is in close proximity to leading golf courses, resorts and some of the best seafood restaurants in Thailand. With over five million tourists a year to the surrounding Chonburi province, it is one of the country’s most popular tourist destinations. The Thailand Board of Investment has pledged has pledged to offer, “as much assistance as required” to the project.
MARCH 2012
Park Law
by Heather M Eichenbaum Esq
Resolving Claims for Less Cost
Claims for personal injury are inevitable in the amusement industry and usually culminate in lawsuits. Those lawsuits are public record and, therefore, available for all to discover. Alternative Dispute Resolution (“ADR”) is one way of resolving claims more quickly, confidentially – and for considerably lower cost. A typical ADR pre-lawsuit will cost about a quarter of the cost of taking a claim through a lawsuit and trial. ADR may take the form of mediation, binding arbitration or non-binding arbitration. A mediation is, simply stated, a meeting with a neutral mediator whose job it is to try to resolve the dispute by each side coming to a compromise. The parties to a claim can agree to mediate a claim at any time – before or after a lawsuit is filed. The parties can agree to conduct discovery and exchange expert reports before the mediation or not. The mediator essentially acts as a go-between or negotiator. Generally, the mediator will request written submissions that summarise each party’s position before the mediation and then work with the parties, together and separately, to reach a resolution on the day of the actual mediation. That resolution can be confidential by agreement of the parties.
A binding arbitration is a private (out of court) mini-trial which is a final definitive resolution to a claim. A non-binding arbitration is the same except that either party can reject the arbitration outcome and file a lawsuit or appeal. An arbitration is more involved than a mediation but less formal, time-consuming and expensive than a trial. As with mediation, parties to a claim can agree to either form of arbitration before or after a lawsuit is filed. Parameters for the arbitration and lead in to it (conducting discovery) can be negotiated and agreed upon by the parties and reduced to a written arbitration agreement. Usually only the parties, and maybe a fact witness or two, will testify at an arbitration, reducing the cost of experts, whose opinions can be submitted by reports. Arbitrator(s), who are usually local attorneys or retired judges, will request written submissions that summarise each party’s position and then conduct the mini-trial and issue a written decision on the claim. The parties can agree that decision will be confidential. As trials can be extremely costly, and usually not the only way a claim can be resolved, Alternative Dispute Resolution should be considered as an alternative by all amusement venues and claims handlers, both pre-suit and once a lawsuit is filed. Because the parties can agree to the terms for ADR in a written contract, there is often more flexibility than in a lawsuit. Not only will ADR save you considerable time and expense, it will also avoid unnecessary public commentary and media attention regarding the claim.
Heather Eichenbaum is a member with Spector Gadon & Rosen PC, practising in Pennsylvania and New Jersey. In addition to defending amusement venues, she also handles and provides training in crisis management. Legal counsel to and a board member of the National Association of Amusement Ride Safety Officials in the United States, she is also a member of IAAPA, NJAA, OABA and the IISF. Should you need legal assistance, reach Heather at: +1 215 241 8856 or
heichenbaum@lawsgr.com
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