Ringling Bros. and Barnum
& Bailey Int’l Inc
(“the Promoter”) produces and presents live touring family entertainment
experiences including a show known as Disney on Ice (the Show”). As part of the Show members of the public
(“Participant” or “you”) are provided with the opportunity to sit in a sledge
in the get up of a cart (“Cart”) and to be moved around the ice rink on which
the show is presented, that ride being known as the Disney On Ice Tangled Cart Ride (“the Cart ride”).
Participants either purchase tickets for the Cart or win a ride in the Cart as part of a promotion.
Participation in the Cart ride is subject to the terms and
conditions set out below and the general terms and conditions applying to the
Show and any promotion associated with the Cart and/or Show (“Terms and
Conditions” or “Agreement”).
The Terms and Conditions might affect your legal rights in
connection with the Show and Cart ride.
You are invited to take the time to get legal advice. Such advice can be
freely obtained from a Community Law Centre or the Citizens Advice Bureau or in
some cases the Commerce Commission. You can also obtain advice from a lawyer but
they will generally charge you.
You acknowledge that before the Show or the Cart ride, you have the
right to negotiate the Terms and Conditions and provided that any variation is
agreed to in writing, the Terms and Conditions as varied by the parties in
writing shall govern their relationship in connection with the Cart ride. The parties acknowledge there is no
obligation on either of them to negotiate or agree to any variation to the
Terms and Conditions and in the absence of a variation recorded in writing, the
Terms and Conditions as unamended shall apply to the Cart ride.
By agreeing to ride in the Cart Participants agree to abide by the
Terms and Conditions as they apply to the Cart.
1(a) The Promoter may license production and presentation of the Show to subsidiaries, affiliates and/or third parties ("Licensee").
(b) Where the Promoter is not producing or presenting the Show itself the Promoter is not conducting the business or undertaking responsible for the Cart ride. As between the Promoter and the Licensee, the Licensee will be solely responsible for conducting the business or undertaking responsible for the Cart ride.
(c) The Promoter and Licensee will ensure that the Licensee producing and presenting the Show will be identified.
(d) Reference to the Promoter in the other provisions of the Terms and Conditions is a reference to the Promoter, the Promoter’s associated companies and any Licensee together with the directors, officers, employees, agents and contractors of the Promoter, the Promoter’s associated companies and any Licensee together with any person for whom the Promoter, the Promoter’s associated companies and/or any Licensee has legal responsibility. For the purpose of this definition, Promoter’s associated companies includes any or all of the Walt Disney Company; Buena Vista Theatrical Group Limited; Ringling Bros Barnum and Bailey Combined Shows Inc; a related body corporate within the meaning of the Australian Corporations Act 2001 or NZ Companies Act 2003; a body corporate which is not an Australian or NZ body corporate but which, if both the Promoter and that body corporate were Australian or NZ body corporates, would be a related body corporate to the Promoter within the meaning of the Australian Corporations Act 2001 or NZ Companies Act 2003; or a body corporate that is engaged in a joint venture with the Promoter.
(e) The Participant is responsible for any minor in the care and/or custody of the Participant (“Participant’s Group Members”). The Participant warrants the Participant is a person legally responsible for each of the Participant’s Group Members, is able to enter into this Agreement on behalf of or in connection with the Participant’s Group Members and agrees to be responsible in all respects for each of the Participant’s Group Members. Reference in this agreement to the Participant includes the Participant’s Group Members.
(f) The Participant agrees there is no obligation on the Promoter to run the Cart ride in any Show.
(g) A Participant’s participation in the Cart ride is at the absolute discretion of the Promoter.
(h) The Participant’s participation in the Cart ride can be withdrawn by the Promoter at any time before and during a Cart ride and a Participant may be refused access to or removed from the Cart by the Promoter at any time. Other than a refund of any price actually paid by the Participant to participate in the Cart (which the Participant agrees will be the Participant’s sole remedy), the Promoter will not be liable for any loss, cost or other harm suffered by a Participant or liable to satisfy any claim by or pay any compensation to a Participant for the Promoter exercising the Promoter’s discretion under this clause.
2. Participant acknowledges that participation in the Cart ride by the Participant and/or the Participant’s Group Members (subject to the acknowledgement in “Participant’s Warranty regarding unaccompanied Participant’s Group Members” below) involves (a) activities on and near ice (ice includes the ice rink and other locations on which performers perform) (b) risks which include any Obvious Risk (being a risk that is generally known as arising from the Cart ride or which ought to be reasonably known) and the following notified risks:
stumbling, slipping and/or
falling and/or coming into physical contact with another person or persons
while entering, being seated in, travelling in or exiting the Cart (“the
activities”) due to an action or failing to act by Participant or Participant’s
Group Members or by a person assisting, or meant to assist Participant’s Group
Members to undertake the activities;
2.2 travelling to and from the place where the Cart ride is to occur;
2.3 anything being thrown by a person including a person on the ice or a member of the audience at or toward or near the Cart ride, the Participant, the Participant’s Group Members or any person on the ice during the Cart ride;
2.4 if outside the Cart and on the ice, stumbling, slipping or falling or coming into physical contact with another person or persons caused by, or arising from, being on the ice including arising from an action or failing to act by the Participant or the Participant’s Group Members or by any person or persons on the ice;
2.5 a person on the ice propelling, or meant to be propelling, the Cart, failing to guide or properly controlling (partly or at all) the direction or movement of the Cart ride;
2.6 a collision or action being taken to avoid or minimise the risk of collision between the Cart and a person or persons on the ice;
2.7 the Cart failing to remain on the ice or leaving the ice, either fully or partially;
2.8 any coming into contact with a person that has, or persons that have, an infectious or contagious illness or disease;
2.9 the Cart not having methods of adequately restraining those travelling in the Cart,
In this section, propelling the Cart includes manually pulling or pushing the Cart, putting the Cart in motion, accelerating or decelerating the Car, turning the Cart, and bringing the Cart to a stop. To the extent permitted by Law, Participant voluntarily (a) assumes and shall ensure that each of Participant's Group the Participant's Group Members voluntarily assumes all Obvious Risks and Notified Risks and (b) assumes sole responsibility and decision making in respect of the safety and welfare of Participant's Group Members in relation to the Cart ride. This includes to the extent permitted by law voluntarily assuming risks of any and all loss, injury or damage caused by, or arising from an Obvious Risk or a Notified Risk.
3. The Participant warrants that having regard to Obvious Risks and Notified Risks and the other terms of this agreement, the Participant will only nominate and allow Participant’s Group Members for involvement in the Cart ride who are likely to be suitable for that involvement without being accompanied by the Participant. A reference in this Agreement to participation by the Participant in the Cart ride excludes the Participant being on the ice, or in or near the Cart during the Cart ride.
Exclusion of liability
4. To the extent permitted by law, neither of us is liable to the other for any liability loss, cost, damage, injury, expense or demand whatsoever and howsoever caused (including by breach of contract or tort, by default or negligence, pursuant to any occupier’s liability, by breach of privacy rights) arising from the participation by the Participant and the Participant’s Group Members in the Cart ride;
5. Each party releases and indemnifies the other from any liability loss, cost, damage, injury, expense or demand whatsoever and howsoever caused (including, without limitation, by breach of contract or tort, by default or negligence, pursuant to any occupier’s liability, by breach of privacy rights) and arising from the participation of the Participant and/or the Participant’s Group Members in the Cart ride.
If, notwithstanding the
preceding subsections, either party becomes liable to compensate, or does so compensate,
the otherfor any liability, loss, cost, damage, injury, expense or demand
arising from the participation in the Cart
ride by the Participant’s Group Members,
then the parties agree that their liability to each other is limited to the
cost of the Cart ride.
Assignment of rights
8. If required by the Promoter the Participant assigns and shall procure the assignment of any right which the Participant or the Participant’s Group Members have in the Recordings or the Depictions.
Safety requirements and Entire Agreement
9. Without limiting the “Participant’s Warranty regarding unaccompanied Participant’s Group Members” above, the Participant agrees to be bound by the procedures and specifications for the Cart ride, including the Promoter’s requirements in the interests of safety (such as maximum weight, size or height of children) which may be advertised as part of the Promoter’s promotion of the Cart ride and otherwise notified to the Participant prior to (and if reasonably appropriate during) the Cart ride. Devices which are required by individuals for mobility, such as wheelchairs, cannot be accommodated in the Cart for safety reasons. This Agreement and those requirements embody the entire agreement between the parties and supersede any prior agreement or understanding between the parties. There are no agreements, representations, warranties or conditions, oral or written express or implied between the parties other than those set forth or provided for in these express terms or as varied in writing by the parties.
Applicable Law and Jurisdiction
10. This Agreement is subject to and will be interpreted under the laws of New Zealand and the parties irrevocably submit to the jurisdiction of the New Zealand Courts located in Wellington New Zealand irrespective of where the parties reside or the location of the event giving rise to a claim.
11. The Participant agrees to do all acts and execute all documents reasonably requested by the Promoter to give effect to this Agreement.
Survivorship of sections
12. The Promoter and Participant acknowledge and agree that the foregoing sections survive termination or discharge of this Agreement by either party for any reason.
13. In this Agreement headings are
for convenience only and do not affect interpretation and unless the context
indicates a contrary intention
- "person" includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust
- a word importing the singular
includes the plural (and vice versa), and a word indicating a gender includes
every other gender;
- "includes" in any
form is not a word of limitation; and
- References to statutory provisions will be construed as references to those provisions as they may be amended or re-enacted or as their application is modified by other provisions from time to time.