THE 43RD FLOOR TERMS, CONDITIONS, SAFETY RULES & ASSUMPTION OF RISK

Latitude 43 Table & Rooftop | Canandaigua, New York

By purchasing a ticket to, entering, or participating in The 43rd Floor (“Attraction”), each guest acknowledges and agrees to the following Terms, Conditions, Safety Rules, and Assumption of Risk.

Please read these terms carefully before purchasing tickets or entering the Attraction.

1. AGE REQUIREMENT

The 43rd Floor is intended for guests 16 years of age or older.

Guests under 16 will not be admitted with an adult 25+.

Latitude 43 reserves the right to request valid identification to verify age.

2. TICKETS & ADMISSION

A valid ticket is required for admission to The 43rd Floor.

Tickets are valid only for the date and designated time listed on the ticket.

Guests should arrive approximately 10–15 minutes before their scheduled entry time.

Late admission is not guaranteed and will be accommodated only when availability permits.

Tickets may be available for purchase at the door; however, availability is not guaranteed. Advance purchase is strongly recommended.

Purchase of a ticket does not guarantee immediate entry. Guests may experience reasonable delays due to attraction operations, safety concerns, weather, capacity limitations, or other circumstances.

Latitude 43 reserves the right to modify operating hours, temporarily suspend entry, or close the Attraction when reasonably necessary for safety or operational reasons.

3. TICKET SALES ARE FINAL

Unless otherwise required by applicable law, all ticket sales are final and non-refundable.

Tickets will not be refunded because a guest:

  • Changes their mind;

  • Becomes too frightened to enter or complete the Attraction;

  • Leaves the Attraction early;

  • Arrives late or misses their scheduled entry;

  • Is denied admission for violating these Terms or safety rules;

  • Is removed because of inappropriate, unsafe, disruptive, or intoxicated behavior; or

  • Fails to meet the age requirement.

If Latitude 43 cancels an event or closes the Attraction due to severe weather, an emergency, or another circumstance that prevents operation, affected ticket holders will be provided with information regarding any rescheduling, credit, or refund options made available for that cancellation.

4. GROUP SIZE

Guests enter The 43rd Floor in groups of no more than five (5) people.

Smaller parties and individual guests may be combined with other guests depending on attendance, availability, and operational needs.

Purchasing tickets separately or as a smaller party does not guarantee a private experience unless purchased “Private Group”.

5. NATURE OF THE EXPERIENCE

The 43rd Floor is an immersive haunted attraction intentionally designed to frighten and startle participants.

The Attraction may include, without limitation:

  • Darkness and low-light conditions;

  • Sudden scares;

  • Live scare actors;

  • Actors following or chasing guests;

  • Loud or sudden noises;

  • Screaming;

  • Flashing, flickering, or strobe lighting;

  • Fog or theatrical atmospheric effects;

  • Confined or narrow spaces;

  • Uneven or changing surfaces;

  • Disturbing imagery;

  • Simulated blood, injuries, violence, or frightening scenes;

  • Unexpected movements or effects; and

  • Other theatrical and sensory effects associated with a haunted attraction.

By entering, guests acknowledge that these elements are intentional parts of the experience.

6. ASSUMPTION OF RISK

Participation in The 43rd Floor is voluntary.

Guests understand that participation in a dark, frightening, interactive rooftop attraction involves inherent and reasonably foreseeable risks.

These may include, among other things, being startled, frightened, disoriented, losing balance, slipping, tripping, falling, colliding with objects or other guests, reactions to theatrical effects, and physical or emotional responses to fear.

Each guest voluntarily chooses to participate with knowledge of the nature of the Attraction and accepts the risks ordinarily inherent in participating in such an experience.

Nothing in these Terms is intended to waive any right or liability that cannot lawfully be waived under New York law.

7. HEALTH & MEDICAL WARNING

The 43rd Floor may not be appropriate for every guest.

Guests should carefully consider whether they should participate if they have a medical condition or sensitivity that may be aggravated by fear, darkness, loud noises, flashing lights, fog, physical exertion, confined spaces, or sudden scares.

This may include individuals with:

  • Heart conditions;

  • Seizure disorders or photosensitivity;

  • Respiratory conditions;

  • Severe asthma;

  • Claustrophobia;

  • Balance or mobility limitations;

  • Sensory sensitivities;

  • Severe anxiety or panic disorders;

  • Recent injuries or surgeries; or

  • Pregnancy.

Guests are responsible for determining whether participation is appropriate for them.

If you are uncertain whether you can safely participate, consult an appropriate medical professional before entering.

8. ROOFTOP & WEATHER CONDITIONS

The 43rd Floor is an outdoor rooftop attraction with a fully covered roof.

The Attraction is generally scheduled to operate rain or shine.

Because the experience is located outdoors, guests may still encounter seasonal temperatures, humidity, wind, or other outdoor conditions.

Latitude 43 may delay, suspend, modify, evacuate, or cancel the Attraction when severe weather or other conditions create a potential safety concern.

Safety decisions regarding weather and operation are made at the discretion of management.

9. CLOTHING & FOOTWEAR

Guests should wear appropriate clothing and secure, comfortable footwear suitable for walking through a dark attraction.

High heels, loose footwear, or clothing and accessories that create a tripping or safety hazard are strongly discouraged and may result in denied entry if management determines they present a safety concern.

10. ACTOR CONTACT

Actors may approach, follow, chase, yell toward, or startle guests as part of the experience.

Actors will not intentionally touch guests.

Guests may not touch, grab, push, hit, threaten, harass, or otherwise make physical contact with actors or staff.

Any intentional physical contact with an actor, employee, or another guest may result in immediate removal without refund and may be referred to law enforcement when appropriate.

11. DO NOT TOUCH PROPS OR EQUIPMENT

Guests may not touch, climb on, move, damage, or interfere with:

  • Props;

  • Decorations;

  • Walls or barriers;

  • Lighting;

  • Electrical equipment;

  • Fog or theatrical equipment;

  • Emergency equipment;

  • Signs; or

  • Any other Attraction equipment.

Intentional damage may result in removal from the property and responsibility for the resulting damage.

12. FOOD & BEVERAGES

Food and beverages are not permitted inside the haunted attraction.

Food and beverages may be purchased from the Latitude 43 rooftop bar or restaurant before or after the experience, subject to normal restaurant operating hours and policies.

13. ALCOHOL & INTOXICATION

Guests who consume alcohol are responsible for doing so responsibly.

Latitude 43 reserves the right to refuse admission or remove any guest who appears intoxicated or impaired to a degree that management reasonably believes could create a safety risk to themselves, employees, actors, or other guests.

No refund will be issued to a guest refused admission or removed for intoxication, unsafe behavior, or violation of these Terms.

Alcohol may not be brought into the haunted portion of the Attraction.

14. PROHIBITED ITEMS

The following are prohibited inside The 43rd Floor:

  • Firearms or other weapons;

  • Knives;

  • Realistic imitation weapons;

  • Outside alcoholic beverages;

  • Illegal drugs or substances;

  • Open flames;

  • Fireworks;

  • Laser pointers;

  • Large bags or backpacks;

  • Any item management determines could interfere with the safe operation of the Attraction.

Latitude 43 reserves the right to deny entry when prohibited or unsafe items are present, subject to applicable law.

15. COSTUMES & MASKS

Guests may wear costumes provided they do not interfere with safety or the operation of the Attraction.

Full-face masks, realistic weapons, excessively long garments, or costume elements that restrict vision, movement, or identification may be prohibited.

Latitude 43 staff have final discretion regarding whether a costume or accessory creates a safety concern.

16. PHOTOGRAPHY & RECORDING

Photography, flash photography, video recording, or use of recording equipment may be restricted inside the haunted attraction for guest and actor safety.

Guests must follow all posted instructions and directions from staff regarding phones, cameras, and recording.

17. PHONES & PERSONAL PROPERTY

Guests are responsible for securing their phones, wallets, purses, glasses, jewelry, and other personal belongings.

Latitude 43 is not responsible for lost, dropped, forgotten, or damaged personal property except to the extent responsibility cannot legally be excluded.

Guests should not stop during the experience to retrieve dropped items. Notify an employee for assistance.

18. NO RUNNING

Guests must walk at all times unless specifically instructed otherwise by staff during an emergency.

Running, pushing, horseplay, intentionally frightening other guests, climbing, or deliberately interfering with the Attraction is prohibited.

19. FOLLOW STAFF INSTRUCTIONS

All guests must follow posted signs and instructions given by Latitude 43 employees, security personnel, and Attraction staff.

Emergency exits and restricted areas are for emergency or authorized use only.

Guests may not enter employee-only, backstage, restricted, mechanical, or otherwise closed areas.

20. EXITING THE ATTRACTION

If a guest becomes uncomfortable, frightened, ill, or otherwise unable to continue, they should immediately notify an actor or staff member or use labeled emergency exits.

Staff will assist the guest in exiting when reasonably possible.

Guests who voluntarily leave the Attraction before completing it generally will not receive a refund or complimentary re-entry.

21. ZERO-TOLERANCE CONDUCT POLICY

Latitude 43 reserves the right to immediately remove any guest engaging in:

  • Fighting;

  • Threatening behavior;

  • Harassment;

  • Sexual harassment;

  • Discriminatory or abusive conduct;

  • Intentional physical contact with actors or staff;

  • Destruction of property;

  • Excessive intoxication;

  • Unsafe behavior;

  • Refusal to follow staff instructions; or

  • Conduct that disrupts the experience of other guests.

Removal for misconduct will not result in a refund.

Serious incidents may be reported to law enforcement.

22. EMERGENCIES

In an emergency, guests must immediately follow instructions from staff and emergency personnel.

Do not block, obstruct, tamper with, or use emergency exits except when directed or during an actual emergency.

If you observe a dangerous condition or someone requiring medical assistance, immediately notify a Latitude 43 employee.

23. ACCESSIBILITY

Guests who require an accommodation or have questions regarding accessibility should contact Latitude 43 before purchasing tickets when possible so available accommodations and the physical characteristics of the rooftop experience can be discussed.

Nothing in these Terms is intended to limit rights provided under applicable disability-access laws.

24. SERVICE ANIMALS

Service animals will be handled in accordance with applicable law.

Guests should be aware that The 43rd Floor contains loud noises, sudden movements, darkness, theatrical effects, actors, and other intense stimuli that may affect an animal.

Guests requiring a service animal are encouraged to contact Latitude 43 in advance with accessibility questions.

25. RIGHT TO REFUSE OR REMOVE

Latitude 43 reserves the right, consistent with applicable law, to refuse admission or remove a guest when reasonably necessary to protect guest or employee safety, enforce these Terms, prevent disruption, or protect property.

Guests removed for violating these Terms are not entitled to a refund.

26. CHANGES TO THE EXPERIENCE

Scenes, actors, effects, layouts, operating hours, wait times, and other components of The 43rd Floor may change without notice.

Promotional photographs, videos, or descriptions are illustrative and do not guarantee that any particular actor, scene, effect, or experience will be available during a particular visit.

27. TICKET RESALE & DUPLICATION

Tickets may not be duplicated, counterfeited, or fraudulently reproduced.

Latitude 43 is not responsible for invalid, fraudulent, duplicated, or unauthorized tickets obtained from third parties.

The first valid scan or redemption of a ticket may invalidate subsequent copies of the same ticket.

28. COMMERCIAL USE

Tickets may not be resold for commercial purposes, used in unauthorized promotions, contests, or giveaways, or otherwise exploited commercially without written authorization from Latitude 43.

29. PHOTO/VIDEO NOTICE

Latitude 43 may photograph or record public areas surrounding the Attraction for security, operational, or promotional purposes.

Where required by law, appropriate consent will be obtained before a guest's name, likeness, or identifiable image is used commercially.

30. ACKNOWLEDGMENT AT PURCHASE

By selecting “I Agree,” purchasing a ticket, or entering The 43rd Floor, the ticket purchaser acknowledges that they have had the opportunity to review these Terms and Conditions.

The purchaser is responsible for making members of their party aware of the Attraction's age requirement, safety warnings, and rules before participation.

Each participating guest remains responsible for complying with these Terms.

31. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, that determination will not automatically invalidate the remaining provisions, which will remain effective to the extent permitted by law.

32. GOVERNING LAW

These Terms shall be governed by applicable laws of the State of New York, without limiting any consumer right that cannot lawfully be waived or restricted.

IMPORTANT SAFETY NOTICE

BY ENTERING THE 43RD FLOOR, YOU ACKNOWLEDGE THAT THIS IS AN INTENTIONALLY FRIGHTENING, DARK, AND INTERACTIVE HAUNTED ATTRACTION AND THAT PARTICIPATION INVOLVES INHERENT RISKS.

DO NOT ENTER IF YOU ARE UNABLE OR UNWILLING TO FOLLOW STAFF INSTRUCTIONS OR SAFELY PARTICIPATE IN THE EXPERIENCE.

TICKET CHECKOUT ACKNOWLEDGMENT

Before completing a ticket purchase, guests should be required to affirm:

☐ I have read and agree to The 43rd Floor Terms, Conditions, Safety Rules & Assumption of Risk. I understand that tickets are final and non-refundable, the Attraction is intended for guests 16+, and participation involves an intentionally frightening experience with darkness, loud noises, flashing lights, theatrical effects, live actors, and other inherent risks.