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Europa-Park’s Miro Gronau demonstrates the BlueFire Megacoaster
“The experience provided at Europa-Park was superb and we are very happy that we got the chance to participate,” says Ocean Kingdom deputy general manager Paul Yuen. “The exchange with our colleagues from Germany was interesting. The high standard at which Europa-Park operates is impressive and we are already looking forward to bringing everything we learned back to China and sharing with our colleagues.” “It was a great project,” adds Europa-Park boss Roland Mack. “If we are in a position to pass on our long lasting experience at Europa-Park, then of course we will do so.”
The Mack family has enjoyed a good relationship with the Chimelong Group ever since Mack Rides sold a Pegasus coaster to Chimelong Paradise in Guangzhou some years ago. Like Europa-Park, Chimelong is a large facility boasting on-site hotels and resort facilities, and also a family-run business, headed by self-made man Su Zhigang.
The US$5 billion Ocean Kingdom will open in phases beginning this month. Featuring coasters from Mack, B&M and others in addition to a spectacular whale shark exhibit, an indoor waterpark and 1,800 hotel rooms, it is located on Hengqin island and is touted as a family-friendly antidote to all the casino development in nearby Macau. Like Macau, Hengqin now enjoys special economic status. The two islands are linked by a pair of undersea tunnels.
Fisher Price live show
for Busch Gardens Busch Gardens Tampa is partnering with Fisher Price to present a new love show starting 20 November. Fisher Price presents Live From Little People Place will give guests at the Florida park a chance to meet characters that have been a part of this global toy brand for more than 54 years. Eddie, Sofie, Tessa, Mia and Koby are led by their teacher and guide through song and dance to take the audience on an adventure filled with exploration and discovery. Fisher Price presents Live From Little People Place is showing for a limited time at Busch Gardens’ Marrakesh Theater (sic).
by Heather M Eichenbaum Esq
Why a release will insulate your park against litigation
Those of us who deal with litigation in the amusement industry are familiar with releases executed when a claim is resolved to prevent the patron from later seeking more money from the park. However, there are also releases that can be signed before an accident even happens that will also preclude future claims or lawsuits, effectively insulating the park from personal injury litigation. While not upheld in every jurisdiction or under all facts, where effective, such pre-accident releases can save a park significant sums of money in litigation and insurance costs. Pre-accident releases are not a new concept. However, many parks have refrained from having guess sign them due to the obvious inconvenience. In paper form, releases can be cumbersome to obtain and store indefinitely, and it can be just as difficult to locate a specific release when needed in any given case. Although paper releases can be scanned into a computer to make locating them easier when needed, the process of scanning all paper releases is also extremely time- consuming. However these disadvantages have now, in some jurisdictions, been nullified. In Philadelphia, Pennsylvania, a court recently upheld an electronic release and waiver in a near-death injury case. In that case, a man registered online for a triathlon and, in the process, agreed to a waiver and release. He almost died during the triathlon and later filed suit against the event organiser. However, the Court dismissed the triathlete’s claims because he had agreed to the waiver and release before the event. The fact that the release was electronic was irrelevant to the analysis. An electronic release, “signed” on a computer, is substantively the same as a traditional paper release. The electronic release must satisfy all requirements of a paper release in the jurisdiction where it will be applied with regard to font size and typeface. Those requirements aside, however, the “signer” will just click a box to signify agreement to the terms of the release. Some electronic waivers also have the “signer” type their name on a “signature line”, further indicating consent to the release agreement.
There are several benefits to electronic releases. First, electronic releases are far more convenient and less time-consuming to collect from your guests. Being frank, how many people even read the agreements they enter into online each time they click to agree before continuing? Those implementing electronic releases are not likely to hear much, if anything, from patrons because those patrons are unlikely to read the release they agree to. This is not, by the way, a defence to enforcement of the release, in most jurisdictions.
Second, electronic releases can be easily incorporated into all online ticket sales and at ticket booths, particularly when accepting credit cards. The purchase process simply needs to include the release language and the necessity of “signing” the release before the transaction can proceed. Further, there is no need to “store” the electronic releases in any way other than a standard computer back-up, eliminating the inconvenience of storing paper releases. Finally, locating an electronic release even 20 years later is simple. A quick search by name and/or date will retrieve the release at issue.
All international and regional jurisdictions have varying requirements for releases in general, and these same requirements will apply to electronic releases. It is, therefore, necessary to consult legal counsel to
Continued on page 12 NOVEMBER 2013 11
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