SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT

II. DEFINITIONS

11. Appropriate Auxiliary Aids and Services” includes, but are not limited to

    1. Qualified interpreters on-site or through video remote interpreting (VRI) services; oral, relay or tactile interpreters; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs),¹ videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other methods of making aurally delivered information available to individuals who are deaf or hard of hearing; 28 C.F.R. § 36.303(b)(1); and

    2. Qualified readers, taped texts, audio recordings, Braille materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP), large print materials, accessible electronic and information technology, or other effective methods of making visually delivered materials available to individuals who are blind or have low vision. 28 C.F.R. § 36.303(b)(2).

12. “Qualified Interpreter” shall mean an interpreter who is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.  Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.  Someone who has only a rudimentary familiarity with sign language or finger spelling is not a “qualified interpreter” under this Agreement.  Likewise, someone who does not possess the ability to process spoken communication into the proper signs or to observe someone signing and change their signed or finger spelled communication into spoken words is not a qualified sign language interpreter.

13. “Effective Communication” means communication with persons with disabilities that is as effective as communication with others.  Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is afforded to other individuals.  28 C.F.R. § 36.303(c).

14. “Reasonable Modification” means modifications to policies, practices, or procedures when such modifications are necessary to afford programs, services, facilities, and activities to individuals with disabilities, unless making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302(a).

15. “Effective Date of this Settlement Agreement” means the date of the last signature on this Settlement Agreement.