This article shall not apply to: 1. a playground that a school or local government operates, if: (a) the playground is an incidental amenity; and (b) the operating entity does not primarily derive revenue from operating the playground for a fee; 2. a gymnastics, dance, cheer, or tumbling facility where: (a) the majority of activities are based in training or rehearsal and not recreation; and (b) the facility derives revenues primarily through supervised instruction or classes; or 3. equipment used exclusively for exercise, an inflatable ride, or an inflatable bounce house.
New York Legal Code