Feb. 15, 2026

Glenwood Caverns Adventure Park Files for Bankruptcy: What It Means for the Industry

Glenwood Caverns Adventure Park filed for Chapter 11 bankruptcy on February 9 after a $116 million wrongful death judgment - this episode is about what it means for the industry.

Glenwood Caverns Adventure Park filed for Chapter 11 bankruptcy on February 9 after a $116 million wrongful death judgment. The park generates up to $16 million a year and is operationally healthy, but a judge's "felonious killing" ruling removed Colorado's damages cap, turning what would have been a $1.2 million verdict into one that's seven times the park's annual revenue. We break down what happened on the ride, why the training failures matter, and what this means for insurance costs across the industry. Plus, we respond to your comments on last week's discussion of the Six Flags pass restructuring.
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WEBVTT

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From our studios this week in Los Angeles and Tampa.

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This is green Tag Theme Park and thirty. I'm Philip

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from Gantam Light in Controls. I'm joined as always by

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my delightful co host Scott Swenson of Scott Swinson Creative Development.

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On green Tag, we look at the top news each

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week and explain why it matters to industry professionals. And

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this week we're going to be talking about Glenwood Caverns

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and what it means for the rest of the theme

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park industry. First, though, we're gonna reply to a few

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comments from last week's video. Last week we talked about

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six flags and about the new past.

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Struck here, Wait, we ever talked about six flags? Can

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we talk about six flags?

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I don't remember that.

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It all blurs, you know, at some point we always

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teem to talk about six flags.

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There's that, you know, so I think the most there's

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a few very good, insightful comments last week. One was

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from g Robbel, who comments every week, but his was

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particularly about how the new past system could allow them

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to raise prices for the Gold passes because then it

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becomes a region a regional pass, so it could be

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priced a little bit higher. And then if the value

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sensitive people could still just buy the single part pass

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as normal, so it does create that I think that

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was an excellent point. We did not talk about that

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at all, but.

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No, that's a really good Yeah, that's exactly the kind

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of comments we love to hear. Actually, we love to

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hear all comments, whether they agree with us or don't,

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And that particular one kind of took what we had,

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the door that we had opened, they walked through it

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and explored it a bit further, which we like even more.

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In that particular case, I think that is a perfect

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example of dynamic pricing based on what is the value

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of the region, you know, not necessarily based on how

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many tickets are sold, but based on the value of

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the region. That's right, and that kind of dynamic pricing.

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It's sort of like we used in the show. We

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actually used the comparison to airlines when we talked about

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dynamic pricing, and it's why, for example, in many cases

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with many airlines, you can get a cheaper flight to

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Las Vegas than you can to some place equally as

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far away, but that doesn't want to drive tourism. So

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that is that's the same mentality that you can charge

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more for a region that has higher rated or more

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robust parks.

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Yep, yep, Yeah, that's excellent. That's an excellent thought. Another

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comment that we got put out some things that we

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also didn't talk about last week, when it comes to

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the people upgrading from the Gold plus All Access to Prestige.

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You know, so six Flags announced they were upgrading those

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people that have bought the Gold plus the All Access

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up to Perstige. Automatically, a lot of the Prestige passolders

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kind of clarified why it was upsetting to them in

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a way I didn't think of, which is that a

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lot of the Prestige benefits were our benefits that are

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impacted negatively by more Prestige passholders. So that would be

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the lounges where there's more people, there's less places sitting,

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you know, the fast track lanes having more people in them,

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and of course part stuff like parking lines for preferred

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parking or just preferred parking running now so on popular days.

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So and basically the Prestiege passolders are arguing that if

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there's going to be suddenly a lot more Prestige passolders

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than those particular benefits, which is kind of the reason

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they paid the twice as much during the sale is

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that those benefits, the value of them is going to

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be reduced. So that's a valid concern that we did

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not address last week.

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I think it is a very valid concern.

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I think it is I think it is somewhat hypothetical,

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although I realized some of them gave examples of well

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when they did a sale in the past that they

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that this happened and it got more blah blah blah

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blah blah. I myself have experienced something very similar when

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when Bush Gardens Tampa the very first time they did

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fun Card, which was basically pay for a day come

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back all year. We had record breaking attendance, but we

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also had some of the worst guest experience surveys that

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we've ever had because again, the park was not ready

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for it.

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So I think that.

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Is the important thing that this discussion or these comments

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open is the discussion of we are now talking a

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somewhat hypothetical It is hypothetical based on previous experience, which is,

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you know, logical, it's a very logical assumption, but it's

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logical only if you assume that the park is not

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going to make any upgrades if the park is not

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going to operationally change anything in order to handle the

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additional folks, and I don't know, they may not be,

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they may not be. But if that's the case, then you,

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as prestige passholders, have a couple of choices. Number one,

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if you have a specific experience, not just a hypothetical

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this could happen if but if you have a specific

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experience that is less than your perceived value of that pass,

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you need to contact the parks immediately so that they

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know ooh, our prestige passolders are pissed, so that they

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can make those changes. They can operate, They can make

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those operational chain just because everything that is described here

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preferred parking not enough preferred parking, longer lines on fast

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pass and no no seating in lounges, those kinds of things.

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Those are all things that are relatively easy to change

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from an operational standpoint. And if they don't know that

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these things need to be expanded, which I think they do,

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I mean, like parking is a perfect example.

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Preferred parking.

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They move the stanchions, they move the barricade, so that

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there is more preferred parking. It may be eight spaces

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further away than before. Yes, that is true. But you

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know that's also because when you renew your whatever it's

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called now pass, your top of the line pass next time,

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you're not going to pay the full price that you

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paid for it the first time anyway, So you know

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it's it's going to save you money. But I do

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think that all of the concerns very valid, very very valid.

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So it's not just a financial issue. It is an

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actual experiential issue, which I think is really important when

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we talk about theme parks. So I appreciate you bringing

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that to our attention, but I also think that it

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is these are all operational situations that can if the

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park is aware that people are upset about it, it

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can address relatively quickly. And again, they don't necessarily want

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to lose those those high end past members. They also

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don't want negative comments out there. More importantly, they don't

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want negative comments out there about their parks or about

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their guest experience, no matter what level your pass is.

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So thank you so much for sharing that and for

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bringing it to the surface in this discussion. I still

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to a certain extent, stand by my dynamic pricing comments

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in the fact that pricing of everything changes, and some

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are very obvious, like the airlines that we just mentioned.

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Others are not.

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Like food, prices change constantly based on need and basic

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supply and demand, and sometimes just hey, I have an

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opportunity to gouge somebody because there's a natural disaster coming.

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Let's charge three times for a generator what we charged before.

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So those things happen all the time. And I think

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that you know, if you if you are unhappy with

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the actual experience, and I urge you to blame, to

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not blame, to actually have specific experiences.

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Where I came.

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Last week, I waited two minutes to park, and this

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week I waited thirty minutes to park. In preferred make

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the parks aware of that, because again these operational changes

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having worked in many parks, these operational changes are not difficult.

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They can be made quickly, and if enough people make

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the park aware that there is a problem, it is

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in the park's best interest to do it. Now, Notice

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how I phrased that. I didn't say they would, I

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said it's in the park's best interest.

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To do that. Yeah, I think, I think the idea, but.

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The idea of dynamic pricing is still something that is

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going on all the time and that probably is not

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going to change. But guest experience, if you are undersatisfied

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based on the passolder or the passolder benefits that you

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have been promised, then you need to make the parks

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aware of that.

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Yeah, I think Scott has pointing out here kind of

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the difference between corporate which is deciding these policy changes

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and then the individual operations teams at the parks which

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can actually make changes to ideally make things better if

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they're aware of it. So it's kind of like they

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don't really need to ask for permission to move stanchions

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and to fix some of these operationally things, but they

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have no choice, right, Like, really, the parks operations team

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members that are on the front lines don't have it.

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They didn't they didn't choose to allow this many extra

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pristine each people. It wasn't there choice, And so by

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bringing it up to them, you kind of give them

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the ability to solve the problem. You also give them

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data which they can then turn over to you know,

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actual complaints that they have received, which helps give them

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ammunition to fight back against some of these things.

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And the individual park presidents or park leaders can go

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back to the corporate entities and say we need X

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number of dollars. You know that we recognize that we

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have this many top line pass holders who generate X

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amount of revenue, and we are we are unable to

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provide them with these benefits that have been promised them.

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We need X amount in capital dollars to expand the

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VIP lounge to I'm not gonna say double the parking

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because I have not been to a I've not been

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to a brick and mortar theme park that has run

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out of parking in fifteen years. You may be out

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in the south forty, I agree, But again, preferred part

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means you are in front of everybody else, so they

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just move that. They just keep moving people further and

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further out.

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Yeah, that's right, that's right. That's yeah.

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So okay, let's move on to Glenwood Caverns. This was

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a big story because Glenwood Caverns has filed for Chapter

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eleven bankruptcy, and this of course comes We've been reporting

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on this since it happened actually.

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Twenty twenty one.

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Yeah, yes, So in September, a Colorado jerry found the

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theme park negligent and the death of a six year

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old girl who fell from one of its rides. The

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park currently hosts about two hundred thousand visitors a year,

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and their annual grocer avenue is about fourteen to sixteen million.

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So it's a small park. I've been there, actually, So

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this is another reason why I I'm so interested in

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the story because I've been to this park. I've gone

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on the riding question before it was re themed into

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the Crystal Caverns. I've seen the mechanism and all these items.

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And it's a very small park and like on a

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mountaintop in Colorado. Okay, it's a small regional park. Thousand

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people is not that many people. Okay, So this is

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the context. And we've been following this since the original

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death occurred and then of course recently in September when

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they were negligent. So here's what has happened though recently. Okay,

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So to kind of set everything, and I think what

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we really want to get to is discussing why this

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is important.

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But let me get the facts down first.

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So on February ninth, they filed for Chapter eleven bankruptcy

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court in the district in Delaware, and what happened was

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the filing was precipitated by a one hundred and sixteen

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million dollar final judgment or entered against the park in November.

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So originally the original verdict was two hundred and five million,

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the judge reduced it to one hundred and sixteen million,

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which is roughly half in compensed story and half in

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primitive damages. And what happened is it a reason it

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was allowed to hit one hundred and sixteen million, And

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this is like, I think this is the part to

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highlight for us in the the park world. The reason

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it was allowed to go above the normal cap, which

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normally there's a cap on these types of massive damages.

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And they used a felonous killing exemption. So typically Colorado

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law caps non economic damages pay and suffering at a

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much lower amount. However, the trial judge ruled that the

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felonous killing exemption applied and that removed that cap. So

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the capers a move which means that it basically it

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allows this a final amount of one hundred and sixteen

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million to be owed. So more context I told you

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that the park makes like total revenue about sixteen million

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a year, right, it already owes twelve point seven million

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in debt.

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Okay.

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So now you add on this other debt, which is

240
00:12:41.080 --> 00:12:43.159
one hundred and sixteen million on top of what they

241
00:12:43.159 --> 00:12:45.320
already owe as unsecured debt.

242
00:12:45.519 --> 00:12:45.799
Okay.

243
00:12:45.840 --> 00:12:48.639
So if you're only bringing in sixteen million, I can't imagine.

244
00:12:50.039 --> 00:12:52.440
You know, when when I was looking through the financial records,

245
00:12:52.480 --> 00:12:56.320
fifty percent of that is operational in staff costs.

246
00:12:56.559 --> 00:12:56.879
Okay.

247
00:12:56.919 --> 00:12:59.799
So I mean, I'm sure Scott can do the math here.

248
00:13:00.000 --> 00:13:02.879
If the bringing in sixteen million already half is operational,

249
00:13:03.039 --> 00:13:05.360
then you min us out everything else. They're not making

250
00:13:05.360 --> 00:13:07.799
that much a year, right, and they already owed twelve million,

251
00:13:08.000 --> 00:13:10.840
and now they're going to own extra sixteen. So it's

252
00:13:10.879 --> 00:13:13.399
a death sentence, is what it is. That's that's what

253
00:13:13.440 --> 00:13:16.639
it is for the park. So what had happened over

254
00:13:16.679 --> 00:13:19.960
the last few months is that they were at a

255
00:13:20.000 --> 00:13:22.919
standstill after this one hundred and sixteen million judgment. They

256
00:13:22.960 --> 00:13:25.240
were at a standstill where they were trying to still negotiate.

257
00:13:25.919 --> 00:13:29.200
The negotiations clearly did not work, because what happened is

258
00:13:29.679 --> 00:13:33.080
on February ninth, the family moved to seize the park's

259
00:13:32.720 --> 00:13:37.360
bank accounts, which is then why they filed for Chapter

260
00:13:37.360 --> 00:13:40.080
eleven because what that does is put a federal injunction

261
00:13:40.399 --> 00:13:42.360
to stop them, to stop the family from being able

262
00:13:42.399 --> 00:13:46.840
to take the bank account money. So what happened next

263
00:13:46.960 --> 00:13:50.399
is is this is where we can talk about the implications,

264
00:13:50.440 --> 00:13:55.080
because really none of the scenarios are excellent. You know,

265
00:13:55.159 --> 00:13:57.919
the best probably probably the probably the best one for

266
00:13:57.960 --> 00:14:03.960
everybody would be if the in chapter eleven it is reorganization. Right,

267
00:14:04.200 --> 00:14:08.919
So the best thing would be if the park proposes

268
00:14:08.960 --> 00:14:11.600
the reorganization plan and it offers the family the five

269
00:14:11.639 --> 00:14:15.159
hundred the five million that they have in insurance, and

270
00:14:15.200 --> 00:14:17.559
then it says, you know something like over the next

271
00:14:17.600 --> 00:14:19.679
twenty years will give you like five percent of profits. Right,

272
00:14:19.759 --> 00:14:22.159
so then the family gets paid out over x amount

273
00:14:22.200 --> 00:14:25.120
of years, the park can stay open and then the

274
00:14:25.120 --> 00:14:28.600
insurance they lose their full insurance pay out the five million.

275
00:14:28.639 --> 00:14:31.399
That would kind of be probably the most money for

276
00:14:31.440 --> 00:14:36.159
the park. The situation B is that actually the family

277
00:14:36.279 --> 00:14:39.679
can because now because they own because the family is

278
00:14:39.720 --> 00:14:42.200
owned one hundred and sixty million, right, so they're the

279
00:14:42.320 --> 00:14:46.840
largest proportion of unsecure debt, they can oppose the chapter

280
00:14:46.919 --> 00:14:50.399
eleven and if they are successful and the judge agrees

281
00:14:50.440 --> 00:14:53.639
with them, it would go to chapter seven. Which means

282
00:14:53.639 --> 00:14:56.679
that the park would have to liquidate, so everything would

283
00:14:56.679 --> 00:14:59.399
just be sold and it would completely shut down. However,

284
00:14:59.440 --> 00:15:02.720
remember I met, they already owe over twelve million, So

285
00:15:02.799 --> 00:15:04.600
are you going to get more than twelve million for

286
00:15:04.679 --> 00:15:07.279
everything in the park? But probably not because the assets

287
00:15:07.320 --> 00:15:10.480
are like what they're not and the land. Okay, So

288
00:15:11.960 --> 00:15:14.879
in that situation, the family might not get anything because

289
00:15:15.000 --> 00:15:17.120
the bank has to be paid first, and in terms

290
00:15:17.159 --> 00:15:20.120
of the waterfall payout, so as always goes to the

291
00:15:20.159 --> 00:15:22.840
secured debt first, so secure debt would be payoff first,

292
00:15:23.039 --> 00:15:25.360
So the family would not get anything except maybe some

293
00:15:25.399 --> 00:15:28.399
of the insurance payout, but that'd be capped at five million.

294
00:15:29.039 --> 00:15:34.159
The only other situation would be potentially that they could

295
00:15:34.919 --> 00:15:37.000
change the ruling. They could appeal the core, They could

296
00:15:37.039 --> 00:15:39.240
appeal the ruling the one hundred and sixteen million, maybe

297
00:15:39.279 --> 00:15:42.120
get it change like they could. They could try and

298
00:15:42.519 --> 00:15:45.960
reverse the felonous killing ruling which I mentioned at the top,

299
00:15:46.480 --> 00:15:49.159
which would reduce the cap down to ten million, and

300
00:15:49.200 --> 00:15:51.039
then the park maybe could get a loan for that

301
00:15:51.200 --> 00:15:51.679
and pay it.

302
00:15:51.639 --> 00:15:54.200
Off less than that. It's less than that. I just

303
00:15:54.279 --> 00:15:58.480
looked it up. I just would that million. Yeah, Yeah, the.

304
00:15:58.039 --> 00:16:01.759
In cases filed on or after ji January first, twenty

305
00:16:01.799 --> 00:16:06.200
twenty five, Colorado's cap on non economic damages in wrongful

306
00:16:06.240 --> 00:16:09.360
death actions increased to two point one.

307
00:16:09.240 --> 00:16:10.159
Two five million.

308
00:16:10.840 --> 00:16:13.559
So if it goes from one hundred and sixteen million

309
00:16:13.600 --> 00:16:16.799
to two point one two five million, ye, the parks

310
00:16:16.799 --> 00:16:22.039
can survive enough. The real according to the research that

311
00:16:22.080 --> 00:16:24.360
Philip has done in the little bits that I've done here,

312
00:16:25.240 --> 00:16:29.080
it's the fell and is killing exception that basically destroyed

313
00:16:29.080 --> 00:16:29.440
the park.

314
00:16:29.679 --> 00:16:32.480
That's right, that's right, and basically destroyed this whole thing.

315
00:16:32.440 --> 00:16:34.519
Because if you you know, if they if they are

316
00:16:34.639 --> 00:16:37.799
ordered to pay one point one point one two five

317
00:16:37.879 --> 00:16:44.639
million to the family. Now, the actual economic damages that

318
00:16:44.720 --> 00:16:49.039
has no cap but death than dismemberment, wrong pain, death,

319
00:16:49.759 --> 00:16:52.120
pain and suffering, those kinds of things are capped in

320
00:16:52.120 --> 00:16:55.080
Colorado as of January of last year at two point

321
00:16:55.080 --> 00:16:58.080
one twenty five. So the difference between one hundred and

322
00:16:58.159 --> 00:17:03.240
sixteen and two point one two five is rather significant.

323
00:17:03.399 --> 00:17:05.640
Yeah, I think the only thing I think there is

324
00:17:05.640 --> 00:17:07.920
is you're right on all that account. I think it's

325
00:17:07.920 --> 00:17:10.519
a little bit higher only because it was filed before

326
00:17:10.599 --> 00:17:11.559
that changed.

327
00:17:11.720 --> 00:17:15.240
Okay, well, it raised on January first it went up

328
00:17:15.279 --> 00:17:16.920
to two point one two five, So if it was

329
00:17:16.920 --> 00:17:19.000
filed before that, then that cap is lower.

330
00:17:19.319 --> 00:17:22.079
Yeah, so it would be even easier slower than yeah.

331
00:17:22.119 --> 00:17:23.960
So and I think this is exactly what Scott and

332
00:17:24.000 --> 00:17:25.799
I wanted to talk about because this is the crux.

333
00:17:25.839 --> 00:17:28.519
I think this is what the industry is watching, because

334
00:17:28.559 --> 00:17:32.359
what this would do is set this precedent. Right if

335
00:17:33.160 --> 00:17:35.279
and if you if we take it in the way

336
00:17:35.279 --> 00:17:37.960
back machine to talking about what actually happened, Remember that

337
00:17:40.000 --> 00:17:43.839
she was not the little girl was had was holding

338
00:17:43.839 --> 00:17:48.039
the seatbelt in her hand, and the ride and in

339
00:17:48.119 --> 00:17:53.400
the the her chair had not been cycled right, So

340
00:17:53.480 --> 00:17:57.839
what happened was she got on and instead of instead

341
00:17:57.839 --> 00:18:01.119
of what's normally supposed to happen, okay, that you unhook

342
00:18:01.680 --> 00:18:04.640
the seat belt, the person sits into the seat, you

343
00:18:04.680 --> 00:18:07.160
put the seatbelt on, okay, So what happened was the

344
00:18:07.160 --> 00:18:09.319
little girl just went and sat down on the seat

345
00:18:09.720 --> 00:18:12.440
and the seat was still buckled from the previous rider,

346
00:18:12.720 --> 00:18:15.519
and she held the excess over her, so it looked

347
00:18:15.559 --> 00:18:19.599
like that she was being seated correctly. So the ride

348
00:18:19.680 --> 00:18:22.680
vehicle sent a notification to the system saying that seat

349
00:18:22.720 --> 00:18:26.480
had not been cycled Okay, so the operator saw that,

350
00:18:26.880 --> 00:18:30.000
and then the operator decided to reset the entire system

351
00:18:30.319 --> 00:18:33.279
and kind of override the safety. And that is the

352
00:18:33.279 --> 00:18:38.240
thing that is what they're saying constitutes felon is killing,

353
00:18:38.599 --> 00:18:42.279
like that act of being like deliberately going against the

354
00:18:42.759 --> 00:18:46.200
the whatever safety. And then they added other things too,

355
00:18:46.279 --> 00:18:48.720
like the training was not sufficient. They had mentioned how

356
00:18:49.000 --> 00:18:51.599
they hadn't had enough training, like this was this was

357
00:18:51.599 --> 00:18:53.559
one of the first times this ride operator was using

358
00:18:53.559 --> 00:18:56.960
this operating. There wasn't enough on the job training, a

359
00:18:57.000 --> 00:18:58.680
lot of the stuff was not understood as to what

360
00:18:58.720 --> 00:19:01.440
the manual was. So all these things they were like,

361
00:19:01.440 --> 00:19:03.680
this is what constitutes Sellen is killing. And I think

362
00:19:03.720 --> 00:19:07.319
for the industry, Scott's exactly right, Like this wouldn't have

363
00:19:07.359 --> 00:19:10.680
been a death sentence for this park if it weren't

364
00:19:10.680 --> 00:19:14.440
for this felon is killing ruling exemption. And the reason

365
00:19:15.240 --> 00:19:18.000
and the reason they're arguing that this is an exemption

366
00:19:18.160 --> 00:19:22.960
is because of the actions and the poor training. And

367
00:19:23.000 --> 00:19:25.559
I think that that's where it becomes something for us

368
00:19:25.559 --> 00:19:27.279
in the indstry you talk about, is like if this

369
00:19:27.359 --> 00:19:32.240
does proceed, if they're not able to appeal that exemption,

370
00:19:32.839 --> 00:19:36.440
then this sets a precedent out there for all regional

371
00:19:36.480 --> 00:19:44.400
parks of how well your right operators are trained. Could

372
00:19:44.440 --> 00:19:47.359
I mean, this is a big difference, and so I

373
00:19:47.359 --> 00:19:48.920
think that to me, what do you think, Scott? I

374
00:19:48.960 --> 00:19:49.559
think that's the.

375
00:19:49.519 --> 00:19:52.440
Point here for us in the industry, I agree one

376
00:19:52.519 --> 00:19:58.000
hundred percent. First and foremost, obviously everyone everyone's hearts go

377
00:19:58.039 --> 00:20:01.559
out to this family who lost their child. That is

378
00:20:01.599 --> 00:20:04.839
a given that really I feel it needs to be

379
00:20:04.880 --> 00:20:06.640
said only because we're going to now talk a lot

380
00:20:06.680 --> 00:20:11.799
about industry and business and how to how companies and

381
00:20:12.359 --> 00:20:15.799
attractions can protect themselves from this. But we still lost

382
00:20:15.799 --> 00:20:18.279
a life, and that is and that is a mournful

383
00:20:18.319 --> 00:20:25.039
situation and we are very sorry for that. Secondly, there

384
00:20:25.119 --> 00:20:27.240
are parks out there, or people who run parks who

385
00:20:27.279 --> 00:20:30.200
will argue and say, well, we can't find proper staffing.

386
00:20:30.279 --> 00:20:34.119
We can't find people other than and I'm going to

387
00:20:34.160 --> 00:20:37.039
make a gross exaggeration, so I am not insulting anyone

388
00:20:37.039 --> 00:20:40.000
who falls into this category, but you know, we could

389
00:20:40.000 --> 00:20:43.240
only find sixteen year olds who are looking for a

390
00:20:43.279 --> 00:20:47.720
summer job. And I just for those of you who

391
00:20:47.759 --> 00:20:50.079
are executives in the theme park industry, I want you

392
00:20:50.119 --> 00:20:52.960
to recognize in this particular situation, you're putting the lives

393
00:20:53.000 --> 00:20:56.200
of your guests into the hands of a sixteen year old.

394
00:20:56.279 --> 00:20:56.519
So.

395
00:20:58.119 --> 00:20:58.720
You better.

396
00:21:00.079 --> 00:21:02.319
The first thing that is always cut from a budget

397
00:21:02.960 --> 00:21:08.400
is training, almost always, because it's an easy thing to say, Well,

398
00:21:08.400 --> 00:21:11.160
they can read the manual, or we'll do the training online,

399
00:21:11.680 --> 00:21:13.839
or we'll have them sign something that says that they've

400
00:21:13.880 --> 00:21:17.839
read the SOPs and then all of a sudden, this

401
00:21:18.039 --> 00:21:20.400
burden of one hundred and sixteen million leaves the park

402
00:21:20.440 --> 00:21:23.440
magically and goes to the sixteen year old who overrode

403
00:21:23.440 --> 00:21:28.200
the system. Useless, useless.

404
00:21:28.319 --> 00:21:32.400
So it is. I've said it on this show.

405
00:21:32.480 --> 00:21:34.920
I've said it in almost every seminar I've ever talked

406
00:21:34.920 --> 00:21:37.920
about where we talk about safety, especially big in the

407
00:21:37.920 --> 00:21:40.000
halloween industry, which you know when I talk about how

408
00:21:40.039 --> 00:21:44.160
to attractions, but I explain that one lawsuit can be

409
00:21:44.200 --> 00:21:46.079
the death of your park. And this is a perfect example.

410
00:21:46.160 --> 00:21:49.880
It's the perfect example. Yeah, and it was specifically the negligence.

411
00:21:49.920 --> 00:21:53.240
Scott's exactly right like this, I mean, this was brought

412
00:21:53.319 --> 00:21:55.279
up in the case of them being like it was

413
00:21:55.559 --> 00:21:57.799
it was improper training, like it cause I think there

414
00:21:57.920 --> 00:22:00.000
was some a little bit of finger pointing right there.

415
00:22:00.119 --> 00:22:02.400
They were trying to blame the teenager. It was a teenager.

416
00:22:02.400 --> 00:22:02.920
Scot's right.

417
00:22:02.960 --> 00:22:04.759
In this case, it was a teenager, and they were

418
00:22:05.039 --> 00:22:09.720
trying to blame the teenager. But you know when they

419
00:22:10.079 --> 00:22:12.400
when they went through the court case, they brought up

420
00:22:12.440 --> 00:22:15.480
that it was a lack of training. So it's not

421
00:22:15.640 --> 00:22:18.359
just it's like, yeah, it's like for defendants, right, It's like,

422
00:22:18.599 --> 00:22:20.839
it's the park. The park just didn't do a good job.

423
00:22:21.279 --> 00:22:23.440
The only reason, and the only reason I mentioned that

424
00:22:23.519 --> 00:22:25.920
is because there are park owners who will say, then

425
00:22:25.960 --> 00:22:27.599
we're going to have to close things down because we

426
00:22:27.599 --> 00:22:29.119
can't find staffing to operate them.

427
00:22:29.119 --> 00:22:31.279
Then you might need to Yeah, I think that's so.

428
00:22:31.440 --> 00:22:34.839
I think let's talk more about that. I was thinking

429
00:22:34.880 --> 00:22:36.880
that when I was writing the show notes, and I

430
00:22:36.920 --> 00:22:40.319
was like, well, what else might happen? I think depending

431
00:22:40.359 --> 00:22:43.640
on whether or not they appeal this ruling, insurance might

432
00:22:44.240 --> 00:22:47.640
go up for regional parks also, just overall, and we've

433
00:22:47.640 --> 00:22:49.519
been seeing that trend for a long time. Even the

434
00:22:49.599 --> 00:22:53.000
Haunter Trash Association mentioned that the single biggest threat going

435
00:22:53.000 --> 00:22:56.359
into twenty twenty six is insurance costs because people don't

436
00:22:56.359 --> 00:23:00.519
want to ensure smaller attractions for reasons like this, So

437
00:23:00.559 --> 00:23:03.720
there's that. I also think it could also be a

438
00:23:03.720 --> 00:23:06.680
signal to ride manufacturers that they have to kind of

439
00:23:06.720 --> 00:23:14.599
like idiot proof their systems but also make more stringent

440
00:23:14.799 --> 00:23:17.480
like waivers that are like, if you're buying this ride,

441
00:23:17.559 --> 00:23:22.039
it's complete, you can't blame us for anything. Basically, it's

442
00:23:22.119 --> 00:23:24.079
kind of it's like raising the stakes for the manufacturers

443
00:23:24.079 --> 00:23:26.519
as well, so they can have no But I think

444
00:23:26.519 --> 00:23:29.920
it's also going to make it where potentially the rides

445
00:23:29.920 --> 00:23:33.599
are more expensive because the engineering has to be higher

446
00:23:33.799 --> 00:23:37.599
potentially to kind of reduce for some of these variables.

447
00:23:38.160 --> 00:23:40.119
Was there any discussion in the suit and you may

448
00:23:40.160 --> 00:23:44.119
not know and I certainly don't know about potentially going

449
00:23:44.160 --> 00:23:45.559
back against the ride manufacturer.

450
00:23:45.799 --> 00:23:47.480
Yeah, so that was early.

451
00:23:47.839 --> 00:23:50.160
That was really early in it, but they kind of

452
00:23:50.400 --> 00:23:53.119
tossed it out pretty early because they're like, look, it's

453
00:23:53.160 --> 00:23:57.839
like you ignored the safety warning, like the safe that

454
00:23:58.000 --> 00:24:00.559
told you that there was a potential safe problem, and

455
00:24:00.559 --> 00:24:02.359
you reset the system, so you kind of you went

456
00:24:02.400 --> 00:24:06.039
against the manufacturer's use guidelines.

457
00:24:06.079 --> 00:24:09.519
But it's possible then that manufacturers may may be required

458
00:24:09.640 --> 00:24:11.319
to omit the override.

459
00:24:12.000 --> 00:24:15.240
Yes, and I think that, But I also think if

460
00:24:15.279 --> 00:24:18.400
you remember when this first came out, Soaring Eagle was

461
00:24:18.440 --> 00:24:22.759
the company that did this, and it was not also

462
00:24:22.839 --> 00:24:24.759
like not a good look, so like even though they

463
00:24:24.759 --> 00:24:28.279
weren't really pulled in to where you know, they hadn't

464
00:24:28.319 --> 00:24:31.359
have a judgment against them. You know, it's not just

465
00:24:31.359 --> 00:24:34.319
just like with the drone people, who's where the drone

466
00:24:34.359 --> 00:24:37.559
fell in Florida and hit that child in the chest

467
00:24:37.559 --> 00:24:41.720
and the requird opens like these. You never want to

468
00:24:41.759 --> 00:24:43.519
be in the in the news for like that type

469
00:24:43.519 --> 00:24:46.000
of a situation that might kill a brand, you know,

470
00:24:46.079 --> 00:24:48.599
and so the damage is incomparable. So you're right, they

471
00:24:48.680 --> 00:24:52.279
might remove overrides all together. Or basically if they.

472
00:24:52.200 --> 00:24:55.640
Remove and if they remove overrides, what that's going to

473
00:24:55.680 --> 00:24:57.200
me And let's look at that from you know, those

474
00:24:57.200 --> 00:24:59.920
of you who operate parks or have been parked been

475
00:25:00.039 --> 00:25:02.920
part of a park ops team. If they remove overrides,

476
00:25:02.960 --> 00:25:05.920
that means they need to clear the station house. That

477
00:25:05.960 --> 00:25:10.400
means they need to reboot the entire system and then

478
00:25:10.480 --> 00:25:13.119
run what is it, three to five test runs prior

479
00:25:13.200 --> 00:25:19.519
to so that would mean that cues would get longer

480
00:25:19.519 --> 00:25:25.279
and longer, get satisfaction goes down. This is in my opinion,

481
00:25:26.039 --> 00:25:31.359
in my humble opinion, the most cost effective and most

482
00:25:31.440 --> 00:25:37.599
actionable response to this is improve your training budget. Yeah,

483
00:25:39.119 --> 00:25:43.720
improve your training budget. Let people know what the responsibility

484
00:25:43.759 --> 00:25:46.359
is that they're taking into their hands. Hold them responsible.

485
00:25:47.160 --> 00:25:49.319
Increase the pay for your supervisors so that you make

486
00:25:49.400 --> 00:25:53.200
certain your frontline supervisors so you can make certain And yes,

487
00:25:53.279 --> 00:25:55.759
I know that that has a trickle up effect when

488
00:25:55.759 --> 00:26:00.079
it comes to profit margin. I understand that. But if

489
00:26:00.119 --> 00:26:03.279
you're in order to keep your insurance from skyrocketing, if

490
00:26:03.319 --> 00:26:05.440
these things continue to happen, and it may be too late,

491
00:26:05.440 --> 00:26:07.640
I don't know, but in order to keep your insurance

492
00:26:07.640 --> 00:26:10.440
from skyrocketing, you might want to have a three to

493
00:26:10.480 --> 00:26:14.400
five percent increase in what you're paying your frontline supervisors

494
00:26:14.440 --> 00:26:17.599
so that things like this don't happen, or you're going

495
00:26:17.640 --> 00:26:19.759
to pay two or three times what you're paying now

496
00:26:19.759 --> 00:26:21.440
in insurance. And I know there are some parks that

497
00:26:21.480 --> 00:26:22.599
are so big they self insurre.

498
00:26:22.640 --> 00:26:23.160
I get that.

499
00:26:23.599 --> 00:26:29.200
I get that, But at the same time, one hundred

500
00:26:29.200 --> 00:26:33.519
and sixteen mil is an amount that is so surpassed,

501
00:26:33.519 --> 00:26:36.839
It so far surpasses the anticipated caps for things.

502
00:26:37.079 --> 00:26:38.400
That's right, and if this.

503
00:26:38.279 --> 00:26:43.119
Precedent has been set. Something goes wrong, somebody dies in

504
00:26:43.160 --> 00:26:45.799
your park, you have to close your doors.

505
00:26:46.440 --> 00:26:47.200
Yeah, that's right.

506
00:26:48.920 --> 00:26:51.400
Yeah, And I when I was digging more into it,

507
00:26:51.440 --> 00:26:53.119
So the answer is I was trying to get us

508
00:26:53.119 --> 00:26:57.119
an answer about insurance prices. I really was, But we're

509
00:26:57.160 --> 00:26:59.759
already sitting at eight hours of research, kids, and that's

510
00:26:59.759 --> 00:27:01.920
got a little much. So I didn't quite get us

511
00:27:01.960 --> 00:27:04.599
to an answer. But some of the preliminary research I51200:27:04.680 --> 00:27:06.960



came up with when I was starting to look at51300:27:07.039 --> 00:27:11.640



the actual disclosures from everybody is that we this is51400:27:11.640 --> 00:27:13.559



a trend that has been happening in the US the51500:27:13.640 --> 00:27:18.079



last several years where there's these like catastrophic events that51600:27:18.799 --> 00:27:21.279



are over anything over fifty million basically has a payout51700:27:21.359 --> 00:27:23.759



kind of triggers. And so what that does is it's51800:27:23.799 --> 00:27:27.680



causing insurance rates overall to rise for the tourism sector.51900:27:27.960 --> 00:27:30.440



And it's not just in theme parks, but it's kind52000:27:30.440 --> 00:27:32.680



of a larger trend. So I have a lot of52100:27:32.720 --> 00:27:34.480



the some of the insurance people and a lot of52200:27:34.480 --> 00:27:36.519



the lawyers are talking about these events, are talking about52300:27:36.519 --> 00:27:41.359



how like there's firms that will subsidize people to go52400:27:41.440 --> 00:27:44.839



in and to try and bus these cases open and52500:27:44.880 --> 00:27:46.759



get I mean, so it's a whole thing. And we52600:27:46.839 --> 00:27:50.119



heard a lot of that in the Haunted trash state52700:27:50.119 --> 00:27:52.240



of the industry last year as well for Haunt houses.52800:27:52.279 --> 00:27:56.519



So I will get back to everybody on exact numbers52900:27:56.519 --> 00:27:58.839



and details and whatnot, and I'll try and get a53000:27:58.880 --> 00:28:01.680



better answer as to how prices are raising or that.53100:28:01.799 --> 00:28:04.359



But I do think that it is real. We can53200:28:04.400 --> 00:28:06.240



say that it's real that prices are going up. So53300:28:06.559 --> 00:28:10.039



it may Scott's solution about the training may not prevent53400:28:10.079 --> 00:28:12.200



a current price hike for this year or next year.53500:28:12.480 --> 00:28:15.119



But I think what it does is it stops the53600:28:15.119 --> 00:28:17.400



worst case scenario and you just you just have to53700:28:17.440 --> 00:28:17.799



invest in it.53800:28:17.799 --> 00:28:19.240



I don't know what to say, You just have to order.53900:28:19.880 --> 00:28:22.240



And the thing is with any form of insurance, with54000:28:22.279 --> 00:28:25.200



any form of insurance, you can to a certain level,54100:28:25.240 --> 00:28:28.160



especially if you're a large enough corporation, there's some negotiation54200:28:28.279 --> 00:28:31.799



there and quite often, like for example, as a homeowner,54300:28:32.119 --> 00:28:35.559



if you are paying a mortgage on your home, you54400:28:35.599 --> 00:28:39.640



are required by the mortgage holder to have mortgage insurance. Well,54500:28:40.359 --> 00:28:43.759



this could be a situation where if you are a54600:28:45.240 --> 00:28:49.279



if you have insurance for your attraction, it may be54700:28:49.359 --> 00:28:51.000



that they require you to have a third party that54800:28:51.079 --> 00:28:53.279



comes in and does audits, does safety audits on a54900:28:53.279 --> 00:28:56.799



regular basis, not internal safety audits, external safety audits that55000:28:56.799 --> 00:29:01.799



report directly back to the insurance company. Because again, now granted,55100:29:01.839 --> 00:29:03.160



insurance companies want to make money.55200:29:03.240 --> 00:29:03.720



I get that.55300:29:04.079 --> 00:29:06.960



Theme, parks want to make money, I get that. But55400:29:07.079 --> 00:29:09.440



the bottom line is the bottom line, and that is55500:29:09.680 --> 00:29:11.680



if something like this happens, you know, yes, it's a55600:29:11.680 --> 00:29:14.319



crap shoot. You're right, it's a crap shoot. Did anyone55700:29:14.400 --> 00:29:16.920



anticipate that this little girl was going to die six55800:29:17.039 --> 00:29:17.400



years ago?55900:29:17.519 --> 00:29:18.079



No?56000:29:18.079 --> 00:29:25.599



No, but it happened, and it according to this court ruling,56100:29:26.240 --> 00:29:30.279



they believe that it happened due to negligence. So you've56200:29:30.279 --> 00:29:34.160



got to either address the negligence or, as Philip said earlier,56300:29:34.559 --> 00:29:37.440



you've got to make it so that the equipment itself56400:29:37.480 --> 00:29:39.920



is one hundred percent idiot proof, which means that it's56500:29:39.960 --> 00:29:43.359



significantly less efficient in getting your guests through and having.56600:29:43.200 --> 00:29:46.359



A great day. So I don't know whether there is.56700:29:47.759 --> 00:29:50.160



A magic bullet answer here. In fact, I don't think56800:29:50.160 --> 00:29:53.279



there is, but I would say that the next time56900:29:53.640 --> 00:29:55.359



you have something in front of you, if you're sitting57000:29:55.359 --> 00:29:57.359



at a board meeting and you have a piece of57100:29:58.400 --> 00:30:00.640



a document in front of you that says we are57200:30:00.640 --> 00:30:06.519



exploring reducing training. Vote it down because the safety of57300:30:06.559 --> 00:30:12.039



your guests is really what can protect the value and57400:30:12.119 --> 00:30:16.279



even the existence of your attraction. So, having said all57500:30:16.319 --> 00:30:18.720



of that and being really dramatic, unfortunately we are out57600:30:18.720 --> 00:30:22.920



of time. So we are going to go for this week.57700:30:23.000 --> 00:30:25.519



Thank you again so much. I have to say it57800:30:25.559 --> 00:30:27.119



simply because if I don't, we get off the air,57900:30:27.160 --> 00:30:28.960



and Phillip says, hey, we forgot to tell them, So58000:30:29.000 --> 00:30:32.119



please subscribe. If you're watching us on YouTube, please please, please,58100:30:32.160 --> 00:30:35.039



we are. You have no idea, You have no idea58200:30:35.079 --> 00:30:37.160



how close we are, You have no idea how close.58300:30:37.319 --> 00:30:39.000



And again, is us.58400:30:38.920 --> 00:30:41.160



Being is it us being greedy? Not really, it's just58500:30:41.200 --> 00:30:43.480



making us sustainable. If we could become you know, if58600:30:43.519 --> 00:30:45.440



we could become monetized, even because we've been doing this58700:30:45.480 --> 00:30:47.880



for how many years and have yet to be monetized58800:30:48.000 --> 00:30:51.519



for much of anything, just to keep it going, that58900:30:51.559 --> 00:30:53.319



would be what that's the reason to do it. So59000:30:54.039 --> 00:30:55.960



thank you for watching, thank you for your comments. As59100:30:55.960 --> 00:30:58.880



we said at the beginning and on behalf of Philip59200:30:58.920 --> 00:31:02.359



Bernandez with Gantum Lighting and Control and myself Scott Swinson59300:31:02.480 --> 00:31:05.000



with Scott Swinson Creative Development. This is Green Tag Theme59400:31:05.039 --> 00:31:06.880



Park in thirty and we'll see you next week

Scott Swenson, ICAE Profile Photo

For over 30 years, Scott Swenson has been bringing stories to life as a writer, director, producer, and performer. His work in theme parks, consumer events, live theatre, and television has given him a broad spectrum of experiences. In 2014, after 21 years with SeaWorld Parks and Entertainment, Scott formed Scott Swenson Creative Development. Since then he has been providing impactful experiences for clients around the world. Whether he is installing shows on cruise ships or creating seasonal festivals for theme parks, writing educational presentations for zoos and museums or training the next generation of attractions professionals, Scott is always finding new ways to tell stories that engage, educate and entertain.

Philip Hernandez, ICAE Profile Photo

CEO of Gantom, Publisher of Haunted Attraction Network

Philip is a journalist reporting on the Haunted House Industry, Horror events, Theme Parks, and Halloween. He is also the CEO of Gantom Lighting and Founder / Publisher of the Haunted Attraction Network, the haunted attraction industry's most prominent news media source. He is based in Los Angeles.