Focus upon whether or not theatre is protected by disclaimer

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On Sunday 18 May 2016, Kate attended the Queens Hall Theatre to view a live performance of The Crying Games. She purchased the tickets online, three weeks before, via the Theatre’s website. As a member of the Queens Hall Theatre Club, she was able to get a front row seat.  Approaching the end of the performance, Kate is horrified when, during a particular scene, she is splashed with fake blood, when one of the actors is shot in a violent scene. She was wearing a new white dress worth more than $2000 and the dress is ruined by the fake blood. Kate insists upon being compensated by the Theatre. The Theatre's manager explains that the Theatre is not liable, because the following disclaimer appears on a sign above the Theatre's ticket office in the foyer: The Theatre accepts no responsibility whatsoever for any loss or damage suffered by the patron, whiles the patron is on the Theatre’s premises.

Is the Queens Hall Theatre liable for the damage to Kate’s dress? Focus upon whether or not the Theatre is protected by the disclaimer. Hint Contra Proferentum.

Reference no: EM131646031

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