Park News
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John Wardley meets his
Nemesis in print Touring the British Isles as a variety hall act called Vadir and Dorinova, it was John Wardley’s great aunt and uncle that were responsible for sparking his interest in the entertainment industry. The man who went on to design famous rollercoasters including Nemesis spent many years in theatre, film and television before entering the attractions business.
Yet he always wanted to be the one operating the spotlight
rather than standing in its glare. His recently-released autobiography, Creating My Own Nemesis, recounts many amusing tales from these days, when John supplemented his modest wage by supplying custard pie mix, gorilla suits and rubber skeletons to the trade.
The latter eventually bought him into contact with John Collins at Barry Island Pleasure Park in South Wales. A young Wardley ended up transforming the park’s Ghost Train into Uncle Frankenstein’s Scream Machine. More collaborations followed, and he developed a primitive animatronic for the park’s Whacky Goldmine. This attracted the attention of Madame Tussauds, whose portfolio of attractions included the then struggling Chessington Zoo near London. “I was convinced that the commercially-viable way to turn Chessington into Britain’s first theme park was to conceal beneath the veneer of a fantasy environment some conventional amusement park hardware,” recalls John who later persuaded the Tussauds group to buy Alton Towers. It was here that he really became engrossed in rollercoasters, but not before he and Keith Sparkes created the Haunted House dark ride. After riding a “slow, cumbersome and boring” prototype of a suspended coaster at the works of Arrow Dynamics in the States, John got wind of a ride being developed in secret in Switzerland. Bolliger & Mabillard’s inverted coaster became a phenomenal success for Alton Towers in the shape of Nemesis. The name for the ride, John reveals, came at the end of a long night sharing ideas over a bottle of Southern Comfort with the park’s then marketing manager Nick Varney (whatever happened to him?) John went onto develop several more notable rides with B&M, including Oblivion and Air at Alton Towers and Dragon Khan for PortAventura in Spain, all of which are covered here.
Like all good rollercoasters, this book is too short, and diehard theme park fans may wish there was more detail on some of the rides and park projects that Wardley was involved in. Yet anyone who enjoys a good tale brought to life with the aid of some colourful characters will enjoy this insight into an industry that is as entertaining behind the scenes as it is on stage. It also provides reassurance that a fulfilling career comes from following one’s passion. The book can be ordered in both print and ebook format at
amzn.to/11cZ9wh – Owen Ralph
Park Law
by Heather M Eichenbaum Esq Time is of the essence!
Most amusement parks in North America and Europe are seasonal operations and have a limited time in which to make the profits needed to survive all year. Thus, time is of the essence in most contracts and this should be made clear with specific language. “Time is of the essence” is a legal phrase used to describe situations where prompt compliance with contract obligations is imperative. Contracts in which time is of the essence include leases, ride purchases, independent ride inspections, and revenue-share concession agreements. It is perhaps obvious that if a ride isn’t delivered or inspected on time, you will lose money. However, this doesn’t answer how to address the deficiency when a party fails to timely meet its contractual responsibilities.
In all of your contracts and leases, include a “time is of the essence” clause. This specific language will signify that you require prompt compliance with the contract. While this provision alone will be of some use, it won’t provide for a specific remedy if the other party fails to timely comply with the contract despite knowing the importance of the deadline. Having identified the issue and provided for compliance with a timing clause, you next need to set forth a remedy. A provision that calls for “liquidated damages” is the simplest means of establishing the damages you expect you would suffer in the event of default. “Liquidated damages” are a set financial amount of damages the
“Time is of the essence” contracts should ensure ride manufacturers don’t leave you hanging on
parties agree in advance are recoverable for breach of the contract. In deciding what figure to use, consider the loss of revenue and goodwill you will likely sustain if the contract is not fulfilled on time. For instance, if you require delivery of a new ride before opening day but it isn’t delivered until later in the season, estimate as closely as possible the loss of ride income you would suffer, and add a set sum you can agree on for the “hole” in your venue and the effect that has on your park's image and presentation to guests. Such damages are most effectively stated in a per day figure so the exact delay in satisfying the contract terms can be compensated on a daily basis for each day compliance is late. If your park operates on a pay-to-ride basis, look to daily revenue from a similar ride to estimate what that per day figure should be. In most jurisdictions, “time is of the essence” and liquidated damages provisions will save time and expense in legal proceedings because the remedy to cure a timing breach are agreed to by the parties in advance, allowing you to recover your losses quicker and move forward in your plans for the next new ride or attraction.
John Wardley with Nemesis at Alton Towers
JULY 2013
Heather M Eichenbaum is a member with Spector Gadon & Rosen PC, practising in Pennsylvania, New Jersey, Florida and New York, who handles contracts and leases for amusement venues. Legal counsel to, and a board member of, NAARSO, she is also a member of the NJAA, IAAPA, OABA,and IISF. Should you need legal assistance, reach her at: +1 215-241-8856 or
heichenbaum@lawsgr.com.
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