By Keith Thomas

Related: Theme Parks: Interview with Joel Manby, President and CEO of Herschend Family Entertainment /  What is more important, recruitment or training? / Interview with Mark Fisher Merlin's MD Resort Theme Parks / Waterparks: Blooloop talks to Great Wolf CEO Kim Schaefer

She then put forward a variety of possible answers but perhaps most surprisingly (or perhaps not), the responses have not focussed as she had expected on adding more exciting attractions, or developing more regional parks or even larger parks but rather on treasuring the sometimes unsung heroes of our businesses: the staff and the experience that they deliver. 

As the most successful operators have known, right back to the first days of Disneyland and Walt’s elevation of his staff to the status of ‘cast members’, the answer in challenging times is not always to invest in large and capital intensive projects but to concentrate on delivering consistent, high quality experiences, combined with great customer service. That’s a way to generate strong word of mouth recommendation in the market place.

We all know from our own experiences how engagement with a committed, knowledgeable and enthusiastic member of staff can transform an ordinary day out at an attraction into something truly memorable but it’s often easy to forget in the enthusiasm to plan and develop new attractions and exhibitions. Client, consultant, designer and contractor will emerge from months of scribbling, number crunching and brainstorming with the ultimate new feature for their attraction or museum. How often do they fail to take into account the human software which can make or break it?

To me then, the key to success is both the simplest and hardest task of all: identifying, recruiting, training and managing the team that will, every day,  run the show, the exhibition or the ride, interact with the guests and make sure the damn thing doesn’t break down!

That's a far bigger challenge for any operator of course than 'merely' building a new ride!

Image: Kind Courtesy Disney - WONDERFULLY WITCHY: Minnie casts her spell of happiness on guests of all ages during Mickey's Not-So-Scary Halloween Party.(Photographer Gene Duncan)

Related: World Leadership through People and Creative Ideas : An interview with Nick Varney, CEO of Merlin Entertainments Group / Merlin Entertainments: Rocking around the World / Is the UK Government doing enough for Tourism? /  Merlin: Nick Varney's six point growth driver plan  /
The man on a quest to spread Merlin's magic / Merlin Entertainments 2010 Results - Still Rocking Round the World

Merlin was forced to abandon plans for an IPO in 2010 due to a jittery market - rethink which cost £4.9m of professional and advisory fees. The clear market leader in Europe and second only to Disney  in terms of visitor admissions Merlin has an ambitious vision to become "the world-wide leader in branded, location based entertainment".

In December 2010, Blooloop asked Merlin’s MD Resort Theme Parks, Mark Fisher, what Merlin’s ultimate ambition is (see Interview with Merlin Entertainments' Mark Fisher).  Fisher says, “I’ve been asked before, “What is success for Merlin?”.  The answer is, it’s not about growing and selling the company, its about one day looking at this fabulous team that is rocking around the world and knowing you’ve been part of growing that.   It’s not about where we’ve been, it’s about where we’re going.”

So what does Varney have to say today (see the article in full)?  A summary of his six point plan to success is:

1. Existing estate growth – capital expenditure cycles planned to give each Merlin attraction something new to give people a reason to visit.
2. Midway rollout – Currently being rolled out at the rate of seven to eight a year on brands such as Sea Life, Madam Tussauds and the Eye with more brands potentially being added.
3. Resort positioning for theme parks – adding accommodation and Midway attractions to theme parks to transform them into resorts.
4. Group synergies – From group promotions to annual passes and e-commerce platforms across Merlin attractions.
5. Development of Legoland parks – Legoland Florida and Legoland Malaysia are under construction.
6. Strategic acquisitions – Not all about organic growth, Varney is keen to acquire attractions of all sizes that can fit into the Merlin portfolio.

With AECOM/TEA 2010 Global Attractions Attendance Report showing a 6.5% growth in attendance for Merlin compared to 2009 to 41 million visits they're definitely still rocking!

By Greg Van Gompel

Related: New rides rules issued for the Canadian province of Alberta / California: Requesting Zip Code information from Amusement Park guests gets more complicated

On July 5, 2005, Dr. Smriti Nalwa appellant, an OB/GYN physician and surgeon, took her son, age 10 and daughter, age 7, for a day of fun at Great America Amusement Park, located in Santa Clara California. While there, the family decided to ride the two minute Rue Le Dodge bumper car ride. Dr. Nalwa chose to ride as a passenger in the bumper car with her son while her daughter went in a bumper car by herself. During the ride, appellant‘s bumper car was hit head-on and then immediately hit from behind. Feeling “pushed around,” and needing to “brace” herself, Dr, Nalwa put her hand on the dash and fractured her wrist. The park had no warning regarding the prohibition of head-on collisions.

The broad question before the Court was whether, and under what circumstances, an amusement park owner can be held liable for such a personal injury. The more specific question is whether the primary assumption of risk exception applied in this case, barring recovery. 

The risk of being bumped and breaking a bone, according to Great America, is inherent in the nature of a bumper car ride; therefore, recovery is barred by the primary assumption of risk doctrine. According to the Court, Great America’s position was opposite of both California public policy and the law of torts and it declined to extend the doctrine of primary assumption of risk to amusement park rides.

The Court reasoned that while amusement parks in 21st century California are still not retreats for meditation for the timid, riders do get assurances of safety from a stringent regulatory scheme. The regulatory scheme of the State of California is not to excuse possible dangerous conditions in order to increase the thrill of a ride. Instead, rider safety is of paramount concern.

The Court found that public policy supports the imposition of a duty on amusement park owners, to protect the public from the possible grave dangers of amusement park rides. (Cal. Code Regs, tit. 8, § 3900.) Most recently, the California Supreme Court in the Gomez case (35 Cal. 4th 1125 (2005)) reaffirmed this duty of “utmost care” imposed on proprietors of amusement park rides.

The Court went to great lengths to emphasize that Cedar Fair, L.P. had taken steps to “eliminate or reduce the likelihood of head-on collisions at every other park prior to appellant‘s injury” (actually the Court was only looking at the former Paramount Parks and not referring to all parks in that Cedar Fair operates). However at Great America, the only precaution in place was for staff to admonish riders after a head-on collision had occurred. Since Cedar Fair had eliminated or reduced the risk at its other four parks, it can hardly claim that taking additional steps to minimize this risk of head-on collisions would have altered the nature of the bumper car experience.

For these reasons, the Court concluded that there remained triable issues of material fact which cannot be resolved as matter of law. According to the Court, “it is for the trier of fact to determine, given the respondent‘s exclusive control over the design and operation of the ride, and the obvious steps they could, and ultimately did, take to minimize the risks of head on collisions, whether respondent breached its duty to appellant, and whether that failure caused appellant‘s injury.”

Dr. Nalwa’s complaint also alleged a cause of action for common carrier liability. On this cause, the Court held that it will also be for the trier of fact to determine whether the nature of the bumper car ride raised Great America to the status of a common carrier as set forth in Gomez case. Justice Duffy wrote a 17 page dissent in this case. 

I find it interesting that the Court emphasized Cedar Fair’s knowledge that head-on collisions must be unsafe because in 2005 Paramount Parks changed it bumper cars to allow only unilateral direction on its other park rides. I’m wondering if the court’s opinion would change it was shown that common industry design provides for both types of rides. Although the Court emphasized the California regulatory scheme, it never made mention that the government arm responsible for enforcing that regulatory scheme never had a problem with the ride as it existed.

As noted in the facts of the case, the California Department of Industrial Relations, Division of Occupational Health and Safety (DOSH) inspected the ride annually and in 2004 and 2005 found no safety-related problems with the ride. Also fascinating in the facts of this case is that Dr. Nalwa is a surgeon and should have prior medical knowledge of the stresses caused to extremities when bracing for the impact of a pending collision.

If you operate and/or own a bumper car, you’ll definitely want to keep an eye and ear open for the resolution of this case.

By Doug Barnes

Related: Lemurs & Lions at Resort World Sentosa as Madagascar Attraction set to Open

Thanks to a family who is passionate for Disneyland, and was committed to visiting our closest park once a year (Marriott’s Great America in Santa Clara), I believe that my love for theme parks was planted in me at birth and nurtured throughout life.  All through elementary, high school, even in college, my focus in life was just getting to the summer so I could get back to the parks and experience the newest attraction of that year.  

In the 90’s, my intrigue and passion for theme parks and roller coasters was increased when cable channels like TLC, Discovery Channel & E! would devote the Memorial Day weekend to the great world of amusement parks.  Learning about destinations like Cedar Point, King’s Island, Busch Gardens, Kennywood, and Walt Disney World, my love and desire to experience these amazing places was taken to a whole new level.  Since then, I have devoted most of my hobbies to theme parks, including starting a podcast based on the industry in 2007 called The Season Pass Podcast.  The audio presentation started as a fan discussing news, rumors and favorites, but ultimately transformed into an informative journey of the people and stories that have made the industry what it is today.  

So why am I blogging for Blooloop when I have a podcast where I can express my park journeys and opinions?  Well, The Season Pass is now an industry forum that shares the experiences and wisdom of the people who create this amazing show and my opinions should not affect the overall message or integrity of that particular episode.  Our guests deserve the respect and audiences full attention.  This is where the blog comes in for me.  A chance to express my thoughts on what’s happening in the amusement industry and to share my latest explorations through the regular park trip. 

Also, just a heads up: I LOVE roller coasters, dark rides even more, and if I was to pick an individual who directly influenced my belief in how to develop an attraction correctly, it would be Tony Baxter.  In fact, in my theme park heaven, Tony would be seated at the right hand of Walt Disney!  Now I know some of you are saying “Doug!  That’s Blasphemy!!... It should be Marty Sklar seated at the right hand of Disney!”  I understand your argument... just remember, I’m a child of the 80’s and influenced through the 90’s (Thunder Mountain Railroad, Star Tours, Splash Mountain, Temple of the Forbidden Eye, etc.), you have to let it go my friends. It’s a religious thing. ;)

I’m a fan of story telling from theme parks and huge on bright paint and decorated scenery in amusement parks.  I want the most immersive experience in the fantasy big hitters while getting the biggest thrill on the scream-machine at my local park.  I’m a purist for clean & fresh, and a stickler on dilapidated maintenance.  I’m obsessed with “Top Ten Lists” and have an addiction to categorize.  I show affection for the “Greats” and show no remorse for the dysfunctional.  This is how I roll!  Get it??  Roll!... nevermind.

Hope you enjoy my contributions and I would love to hear your thoughts on future articles, whether you agree or oppose my take on the industry.  Friendly quarrel is what keeps us enthusiastic about this awesome adventure seeking community.  

In June I’m taking the family on a huge amusement park excursion.  Driving from Sacramento, CA to Jackson, NJ and back.  11 parks in 19 days - Worlds of Fun MO, Six Flags St. Louis MO, Holiday World IN, Kings Island OH, Knoebels PA, Dorney Park PA, Six Flags Great Adventure NJ, Hershey Park PA, Kennywood PA, Cedar Point OH, Six Flags Great America IL.  It’s insanity, but I’m tenacious.  I’ll have plenty to divulge after our return from this glorious (and exhausting) odyssey.  You can keep up with me June 14th (the start) to July 3rd (the end) on twitter - @theseasonpass.  So until the next blog, enjoy the thrill my friends.