Petition about Marvel Super Hero Island

[DCTooTall]

It might be interesting if Disney does a great job with Marvel in California. Fans will be clamoring to clone the Marvel attractions in WDW. Consequently Universal is likely to hold out for even more $$$.

...And at the Same Time, Disney may have extra reason to hold off on bringing it to Florida since they've been making a concerted effort into turning the DL Resort from a "Locals park" into a Destination Resort like WDW (only on a smaller scale, obviously). That's one of the reasons they are in no hurry (Or shown any realistic signs beyond mostly fan-based wishful thinking rumors) of bringing Carsland to the east coast.

 

[fannatic]

I'd love to sign the petition, but I don't know the language it is in. Could you please translate what the petition says in English? Thanks.No I'm not trying to be obnoxious, I seriously don't know what it says.

 

[fannatic]

I'm talking about the signing part of the petition.

 

[DanBoris]

It might be interesting if Disney does a great job with Marvel in California. Fans will be clamoring to clone the Marvel attractions in WDW. Consequently Universal is likely to hold out for even more $$$.

This is the real catch 22 of this situation, the more popular Marvel becomes, the more Universal would charge Disney to get out of the contract. If the popularity of Marvel drops, the cost might go down, but then there is less reason for Disney to build an attraction for it.

 

[IadoreWDW]

I might well be in the minority but I like the way IOA have set up Marvel Island and would NOT like to see it at Disney world. I don't think it would fit. Sure I'd love to mingle with Spidey at DHS but it just wouldn't be the same interaction. No way. Spidey was all over the place having fun in his shop and checking out the photos, I've never seen character interaction like that. I love Disney world MUCH more than IOA but I think Marvel Island is much more suited to Universal.

 

[mvk]

They just need to build a Marvel Resort and have character meals, with the resort being a back entrance to DHS. If they want to push the envelop a bit in the terms of the contract, maybe have the resort include an arcade, DisneyQuest style, with all things themed to Marvel.

Marvel Resort as back entrance, plus future Star Wars Galaxy at DHS would do wonders for the aged 5-45 male demographic.

 

[DCTooTall]

They just need to build a Marvel Resort and have character meals, with the resort being a back entrance to DHS. If they want to push the envelop a bit in the terms of the contract, maybe have the resort include an arcade, DisneyQuest style, with all things themed to Marvel.

Marvel Resort as back entrance, plus future Star Wars Galaxy at DHS would do wonders for the aged 5-45 male demographic.

Not sure it would work.

It's been awhile since I read the SEC filing that is generally considered to be the best source of information on the contents of the actual final licensing agreement, But I recall there being some stipulations that could torpedo that idea.

SPECIFICALLY.... When the deal was signed, Marvel was in the process of considering opening up a potential DisneyQuest/Dave&Busters/etc style entertainment/shopping chain of Marvel themed locations. The SEC filing specifically created an exemption within the Exclusive Theme Park rights for these mini-entertainment locations. The Idea being that Universal would have exclusive rights in a major themepark, But a Restaurant/Arcade in NYC or Charlotte, NC wasn't going to create a direct conflict with the Theme Park attractions in Orlando, and wouldn't be competing for the same public spending.

HOWEVER.... It was understood that placing one of these Restaurant/Arcade attractions in the Orlando area would directly compete with the Universal attractions for those looking for a Marvel experience. Therefore, there is language that states that if Marvel does create their own mini-Marvel entertainment chain, That Within a certain radius of Orlando they could not do anything more than open a store selling Marvel goods (Think "World of Disney", only with Marvel stuff exclusively inside) and could not include any sort of entertainment or character meet options which could be seen as competing with the items offered under the exclusive theme park rights of the Universal parks. Again.... I don't remember the exact details, but I almost want to say that the radius included all of Florida, and maybe even all the way up to the Atlanta, GA area. [Since Orlando is close enough to Atlanta, Ga to be considered a primary vacation destination for those who live in the area.]



I'm pretty sure that a Marvel Resort, and DEFINATELY Character meals, would be covered by those clauses.....assuming it was even a grey enough area to be able to get out from under the primary Theme park Exclusivity agreements.

 

[DanBoris]

Not sure it would work.

It's been awhile since I read the SEC filing that is generally considered to be the best source of information on the contents of the actual final licensing agreement, But I recall there being some stipulations that could torpedo that idea.

SPECIFICALLY.... When the deal was signed, Marvel was in the process of considering opening up a potential DisneyQuest/Dave&Busters/etc style entertainment/shopping chain of Marvel themed locations. The SEC filing specifically created an exemption within the Exclusive Theme Park rights for these mini-entertainment locations. The Idea being that Universal would have exclusive rights in a major themepark, But a Restaurant/Arcade in NYC or Charlotte, NC wasn't going to create a direct conflict with the Theme Park attractions in Orlando, and wouldn't be competing for the same public spending.

HOWEVER.... It was understood that placing one of these Restaurant/Arcade attractions in the Orlando area would directly compete with the Universal attractions for those looking for a Marvel experience. Therefore, there is language that states that if Marvel does create their own mini-Marvel entertainment chain, That Within a certain radius of Orlando they could not do anything more than open a store selling Marvel goods (Think "World of Disney", only with Marvel stuff exclusively inside) and could not include any sort of entertainment or character meet options which could be seen as competing with the items offered under the exclusive theme park rights of the Universal parks. Again.... I don't remember the exact details, but I almost want to say that the radius included all of Florida, and maybe even all the way up to the Atlanta, GA area. [Since Orlando is close enough to Atlanta, Ga to be considered a primary vacation destination for those who live in the area.]



I'm pretty sure that a Marvel Resort, and DEFINATELY Character meals, would be covered by those clauses.....assuming it was even a grey enough area to be able to get out from under the primary Theme park Exclusivity agreements.

Here is the relevant section on the contract:

To the extent and in the territories that MCA has exclusive theme park rights, such shall not prohibit (except for the limitations described below) Marvel from itself developing or licensing its planned Retail concept which may include interactive elements as a major or minor element (presently intended to be called “The Marvel Action Universe” and referred to as such herein, but which may also be called “The Marvel Universe” or another name chosen by Marvel). The Marvel Action Universe will consist, inter alia, of the sale of comic books, trading cards, software, licensed or Marvel produced merchandise, the use of electronic games and/or pinballs or other coin operated games, and may include one or more virtual reality and/or simulator ride using Marvel characters or other themes. The following restrictions shall apply to The Marvel Action Universe (or elements thereof whether owned or licensed by Marvel).


a. Restrictions as to the geographic location of The Marvel Action Universe in areas where MCA has exclusive rights hereunder.


i. The Marvel Action Universe will not be within 60 miles of any Universal Theme Park with a THE MARVEL UNIVERSE


ii. Mini-theme parks, recreation centers, game centers and the like designated with the Marvel name or the name of any Marvel characters or any major entertainment component of a Marvel Action Universe such as a motion based film ride shall not be within 60 miles of any Universal Theme Park with a THE MARVEL UNIVERSE.


iii. Within the ADI market of the city containing a Universal Theme Park (even to the extent such ADI exceeds a 60 mile radius) there shall not be a Marvel themed simulator ride.

b. Restrictions as to elements of The Marvel Action Universe in areas where MCA has exclusive rights hereunder.


i. Within 300 miles of any Universal Theme Park with a THE MARVEL UNIVERSE, no The Marvel Action Universe shall contain more than one simulator, nor shall such simulator hold more than 20 people. Motion based or virtual reality attractions which are coin operated and hold no more than 4 people shall not be deemed a “simulator” subject to the above restriction. Any such rides which are interconnected so as to create a simultaneous experience among multiple units exceeding an aggregate of 4 people shall be deemed simulator rides and the number of people in such interconnected rides shall be counted toward the 20 person limit above.


c. Restrictions as to affiliations or marketing of The Marvel Action Universe or elements thereof, in areas where MCA has exclusive rights hereunder.


i. The Marvel Action Universe will not be within any theme park, nor marketed in conjunction with any theme park. For purposes of these restrictions, an area of 10 acres or less will not be deemed a theme park. An area in excess of 10 acres may or may not be deemed a theme park based on its overall characteristics.


ii. No The Marvel Action Universe will be marketed so as to infer or imply that such THE MARVEL ACTION UNIVERSE or one of its components (x) constitutes a theme park or (y) is a component of a theme park.


iii. No The Marvel Action Universe shall be in or marketed in conjunction with any themed entertainment areas owned, operated or marketed by Disney, Time-Warner, Six Flags, Sony, Paramount or Busch. As used herein, “theme park” and “themed entertainment areas” shall not include, inter alia, facilities or complexes where at least 70% of the revenues generated on the premises are derived from retail sales or whose primary source of revenue is lodging (which may include food, beverage and gaming revenues).

 

[rag10576]

Does anyone have a part of the contract regarding the up keep of the Marvel Attractions? Last time we went to Uni hulk was down and they were having issues with spidy. I was wondering how strict the contract is.

 

[arthropodtodd]

The only way to force Uni's hand on giving up its current Marvel hold would be for Disney to build based on any character that Uni does not currently use. this could blur the brands enough that Uni might want to be bough out. Disney would be getting the best of both worlds, their own Marvel attractions, and money from Uni for other Marvel attractions. In fact the best thing Disney could do is put a whole land at Disneyland and hype it like there is no tomorrow. Carsland and a Spiderman web-based ride? Sold!

However a Florida Marvel attraction would have to be filled with mostly B and C heroes. Instead of a Thor ride, Disney can give us a Beta Ray Bill ride, since he has a hammer and red cape. That's not the real Wolverine, that is his son, notice the blades are different? Iron Fist and Luke Cage anyone? The wonderful world of the Black Panther, not to be confused with the the Black PantherS.

 

[doconeill]

Does anyone have a part of the contract regarding the up keep of the Marvel Attractions? Last time we went to Uni hulk was down and they were having issues with spidy. I was wondering how strict the contract is.

Absolutely nowhere near that strict. They have to keep them reasonably well - basically they can't [Edit: typo] let them fall apart and look decrepit in such away that the brand would be harmed.

 

[rag10576]

Is Disney allowed to monitor the attractions? Like do an inspection on a quarterly basis?

 

[DCTooTall]

Does anyone have a part of the contract regarding the up keep of the Marvel Attractions? Last time we went to Uni hulk was down and they were having issues with spidy. I was wondering how strict the contract is.

There is a general upkeep/maintenence requirement. It is designed to ensure that the attractions and the appearance of the area does not fall into disrepair or start to look like neglected. I believe there is also a built in lee-way period where if Marvel (in this case, Disney) find something that they believe is not in compliance with the contract as far as the repair and appearance of the Universal Marvel stuff, Universal has a set amount of time where they can address and correct the issue before Marvel can start any sort of action against Universal.

Your usual theme park attraction operation issues are not going to be impacted by this clause. It's a given (and Disney knows this from their park operations) that when you have parks open 365 days a year and are running millions of guests thru the attractions during the course of that year, There will be times when the attractions are going to have some gremlins. On top of that, Both parks tend to err on the side of caution when it comes to attractions as complex as those. There could be something as simple as a warning light or an effect or secondary system not operating as it should and the park will throw up a "Experiencing technical difficulties" warning and shut the ride to try and resolve the issue.

It's better to cause a little guest discomfort than it would be to have something go seriously wrong and possibly cause more than guest discomfort.

Is Disney allowed to monitor the attractions? Like do an inspection on a quarterly basis?

I think there are clauses that cover things like this. I don't know if it goes into specifics such as quartly inspections on XXX date, but it does cover the ability to ensure that the brands and properties are not being harmed due to violation of the contract. It could be based in part on regular inspections. It could also be from potential complaints of non compliance or issues being brought to their attention.

In All honesty, I also wouldn't be surprised if after having the contract in effect and the park in operation for almost 15years if some of these compliance check clauses are running on virtual autopilot. After all this time it's pretty obvious that Universal knows what they are doing when it comes to properly maintaining and operating their licenses. As such, It's a waste of everyone's time and effort to be nit-picky exploring every single little detail on a extremely regular basis. The Relationship Marvel and Universal have built up over that time would be such that they both trust each other to continue upholding their responsibilities under the contract as it truly is a mutually beneficial arrangement. Disney's purchase of Marvel didn't change that fact. I honestly wouldn't be surprised if the inspections at this point were simply a matter of an annual walk-thru to ensure everything is still in order for paperwork and legal compliance, with any out-of-the-ordinary issues being addressed as one-offs during the year based off any Universal planned work or issues that may be brought to Marvel's attention.

(That would include Universal informing Marvel of the Spiderman upgrade last year, and the details of it; Possible major refurb work being planned and it's impact and goals; or even informing Marvel of potential facade or theming damage from weather/age/etc which needs to be addressed. Marvel's side might be reacting to a report/complain of non-compliance regarding character interactions or costuming, or a show element that is not working or looking as it should and officially marking it as a "needs addressed" so that Universal is forced to resolve the issue under the contract)

 

[ChrisFL]

Absolutely nowhere near that strict. They have to keep them reasonably well - basically they can let them fall apart and look decrepit in such away that the brand would be harmed.

So basically the way WDW treats many of its own attractions then?

 

[doconeill]

So basically the way WDW treats many of its own attractions then?

Well, aside from my typo...

 

[lockedoutlogic]

Well that was necessary.

Well...maybe it didnt have to be said...but it definitely has to be done.

This one is really silly...even on a "for fun" board

 

[tlinus]

The contract between Marvel and Universal predates Disney purchasing Marvel and since the contract in perpetuity, there is little or no chance Universal gives up Marvel. Good luck with your petition.

 

[mvk]

Well, if that is the real portion of the contract, and I'm assuming you didn't just make all of that up, then it looks like nothing except non-revenue stuff like monorail wraps and maybe bus wraps for Marvel at WDW unfortunately. I figured non-theme park might allow them to do a resort, but it looks like that, and even DisneyQuest is out of the question.

 

[Lewisc]

Well, if that is the real portion of the contract, and I'm assuming you didn't just make all of that up, then it looks like nothing except non-revenue stuff like monorail wraps and maybe bus wraps for Marvel at WDW unfortunately. I figured non-theme park might allow them to do a resort, but it looks like that, and even DisneyQuest is out of the question.

Why don't you search the SEC filings and double check the contract? I'd either thank the poster for saving me the trouble of looking it up or take the time to double check the information if I thought the poster made an error. Why even mention the possibility of fiction?

You seemed surprised that Universal's lawyers would make sure Marvel wouldn't be allowed to build anything which could be a direct or even indirect competitor.

 

[Reddog1134]

Someone on another thread asked if there were Marvel toys for sale in the parks.

I replied that there were but they are mass market toys (things you can find at Wal-mart or Toys r Us).

Which made me wonder, "Does the Universal contract prevent Disney from producing Park exclusive merchandise?"