Full Terms, Conditions, Policies and Waiver

NOTES ON BOOKINGS

Strict implementation of prevention measures

• At Acorn Playhouse, we take the safety and well-being of all participants seriously. Before entering the venue, we kindly ask parents to take their child's temperature and refrain from bringing them if they exhibit symptoms of fever, flu, cough, chills, runny nose, sore throat, muscle aches and other symptoms of infectious disease.
• We provide hand sanitizers at the entrance and in every classroom, and our team works diligently to disinfect the venue before and after every event. We also conduct a monthly disinfection of our campus to ensure that it is a safe and clean environment for everyone.

Safety and Hygiene

• Due to safety reasons, the use of equipment (i.e. microwave, oven, and etc.) is not allowed at the party. Please advise us if any of your guests have any health-related or special dietary needs at least 3 weeks prior to your party.
• Please note that food and beverages can only be consumed in designated areas, which include the exclusive party space that you have rented and the café area where tables are provided. We kindly ask for your cooperation in not eating outside of these areas, as this could attract pests and compromise the cleanliness and safety of the venue.
• Smoking is strictly prohibited on the premises.
• For hygiene reasons, we require that all participants wear grip socks upon entering our facility. If you don't have grip socks, you can purchase them at our front desk.
• Any violation of this policy may result in the termination of the party without refund. We appreciate everyone's help in maintaining a hygienic and enjoyable environment for all guests.
• The regular hygiene and center use rules apply.

Guest Limit Policy

• The party venue has a maximum guest limit that must be adhered to for the safety and comfort of all guests. If the total number of guests exceeds the maximum limit, additional fees will apply based on the event package pricing, and the booking party must obtain prior approval from the venue.
• Additionally, the venue reserves the right to restrict the age range of guests for safety and liability reasons. Guests who are not within the specified age range may not be allowed to participate in certain activities or use certain equipment.

Confirmation of Booking and Cancellations

• The party date is NOT confirmed until the deposit AND the signed booking form have been received.
• In the event of a cancellation, the 50% non-refundable deposit will not be refunded. Any cancellations made within 3 weeks of the party date may result in a forfeiture of the full payment balance.
• No refunds will be made for any cancellations or no-shows on the party date.

Deposit

• We want your child's party to be an enjoyable and memorable experience for everyone! To ensure that everyone has a great time, we kindly ask that the booking party takes full responsibility for any damages caused by their guests or outside contractors during the party. Please note that the venue and its staff will not be held liable for any injuries, damages, or losses incurred during the party. A $1000 security deposit, in addition to the 50% initial deposit required to reserve the venue, is required. The security deposit will be forfeited in the event of any damages to toys, books, resources, or any other equipment provided by the venue, regardless of the extent of the damage. However, don't worry – if there are no damages we will return the security deposit to you within 7 days of the party's completion.

Party Time Extension

• Time extension is chargeable and subject to availability, please discuss this with us as soon as possible.
• The time extension fee should be paid within 24 hours after confirmation. For time extension decided on the party date, the fee should be settled by the end of the party.

Music and Entertainment

• The use of music and entertainment equipment is permitted during the party, but only at reasonable levels and with the approval of the venue. Please do not use offensive or inappropriate music or entertainment that could disturb other guests.
• The use of photography and videography equipment is permitted during the party, but only with the consent of all parties involved.

Set up and Decorations

• White colored Blu-tack should be the only adhesive in use.
• The use of outside contractors and additional decoration plans is subject to advanced approval. Acorn Playhouse reserves the right to approve/amend/reject any plans and to claim from the booking party for any breakages and/or damages caused, including replacement.

Catering

• All food orders (including cakes) and gift bag packages should be placed 3 weeks before the party and we cannot guarantee the availability of all options after this time. Any cancellations or amendments made after this time may not be allowed. Should there be an add-on after the initial deposit, another 50% non-refundable payment is required 2 days after the addition. The full payment balance is due 2 weeks prior to the party date.

Sickness of Event Host or immediate family

• We understand that children may become ill unexpectedly and miss their special event. Unfortunately, due to scheduling constraints and a desire to ensure the best experience for all participants, once the booking is confirmed, any change of date will incur an administration charge outlined in section 4 below. 

Consent & Liability

·  We want to ensure that all our participants have a safe and enjoyable experience at Acorn Playhouse. The Event Host is solely responsible for the safety of their guests and the safety of their belongings while on the premises.

·  In case of serious accidents where immediate medical care is required, children will be sent to the nearest hospital.

·  Acorn Playhouse shall not be liable for any loss, expense, damage, delay, costs, or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Booking Party and their guests arising from or in any way connected with Acorn Playhouse.

·  Acorn Playhouse shall not be held responsible for personal injuries, accidents, losses and damages incurred by the Booking Party and their guests while at our premises or any other place where the said company courses are being held.

·  Acorn Playhouse will not be liable in cases where Acorn Playhouse is unable to fulfil any services to which they are contractually bound because of fire, natural disaster, act of government, failure of suppliers or subcontractors, labour disputes or other reasons that are beyond Acorn Playhouse’s control.

TERMS & CONDITIONS

1. Definitions:
- "Confirmed Booking" refers to a booking of the Venue that has been accepted and confirmed in writing by Acorn.
- "Event" refers to an event or activity to be held in the Venue, for which a Confirmed Booking, if any, has been made.
- "Venue" refers to the area known as "Acorn Playhouse" located at 3/F, Marina 8, 4 Yip Fat Street, Wong Chuk Hang, Hong Kong. 

2. General Rules:
- Accompanying adults must remain in the venue and supervise their children at all times.
- Baby diaper changing should be done in the restroom, which is equipped with a changing station.
- Shoes are not allowed in the venue, and all adults and children must wear grip socks at all times. In case you forget your socks, you can purchase them for $20 per pair at the front desk.
- Acorn Party reserves the right to cancel a Confirmed Booking at any time, at its absolute discretion, by providing notice to the Event Host. In such cases, any charges paid by the Event Host will be fully refunded. 

3. Venue Rules during the Event:
The Event Host must strictly comply with the following rules in the Venue during the Event:
(a) The number of persons using the Venue must not exceed the maximum capacity of 120 persons.
(b) Sound/music emitted from any audiovisual equipment should be kept at a level that can only be heard within the Venue. Acorn Party reserves the right to lower or turn off such equipment if the sound levels, type, or context of sound are deemed inappropriate.
(c) No structures or equipment may be erected, installed, placed on the floor, or suspended from the Venue's structure unless strictly following the approved proposed arrangement by Acorn Party.
(d) Exit doors, exit signs, fire alarm systems, fire hose cabinets, and fire doors must not be concealed or obstructed.
(e) Smoking is strictly prohibited.
(f) The use of any smoke, flame, explosion devices, substances, or materials is restricted.
(g) Inflammable substances or highly inflammable spirits are prohibited from being brought into any part of the Venue.
(h) Affixing glue, scotch tape, gum paper, nails, or any other items on walls, floors, fixtures, fittings, or furniture is strictly prohibited.
(i) The use of paints or any substances that may leave residues or stains on the walls or floor is not allowed. 

4. Cancellations Change of Date and Refunds:
In the event of a cancellation, the 50% non-refundable deposit will not be refunded. Any cancellations made within 2 weeks of the party date may result in a forfeiture of the full payment balance.

If the Event Host wishes to reschedule the event date for any reason, including sickness, additional fees will be charged according to the following schedule: 

•  Change of date more than 60 days before the Event: No additional fee.

•  Change of date between 60 days and 45 days before the Event: 10% of the Total Fees will be charged as an administration fee.

•  Change of date between 45 days and 14 days before the Event: 30% of the Total Fees will be charged as an administration fee. 

•  Change of date within 14 days, but more than 7 days before the Event: 50% of the Total Fees will be charged as an administration fee. 

•  Change of date within 7 days: Not permitted. 

Any change of date requests must fall within 2 months of the original event date.  

5. Payment Schedule:
- A 50% Deposit is required at the time of reservation to secure the booking. The reservation will only be held once the deposit is received.
- The remaining 50% is due 7 days before the event. If payment is not received 5 days before the event, event will be automatically cancelled for non-payment, and all deposit will be forfeited.
- Any additional balance is due on the day of the event. 

6. Weather and Change of Date:

· When there is a tropical cyclone or a rainstorm in force two hours before the private event commences, the following arrangements will apply:

-  Amber Rainstorm and/or Typhoon Signal No. 1 

§  Event will continue as usual when amber rainstorm warning and/or typhoon no. 1 is hoisted.

-  Red Rainstorm and/or Typhoon Signal No. 3

§  Event will continue as usual when red rainstorm warning and/or typhoon no.3 is hoisted.

-  Black Rainstorm and/or Typhoon Signal No. 8

§  Event will be suspended when black rainstorm warning and/or typhoon no.8 is hoisted.

Please refer to the Hong Kong Observatory and our website for announcements.
- If the Event scheduled in the Venue needs to be canceled due to the No. 8 typhoon signal or the black rainstorm signal being hoisted 2 hours prior to the start of the Event, or if the Hong Kong Observatory indicates that the No. 8 or Black rainstorm signal will be hoisted during the event, the Event Host may book an alternative date for the Event, subject to availability within 2 months of the original event date.
- In the case of rescheduling due to inclement weather, only alternate dates will be offered, and no refunds will be provided to the Event Host. Only one postponement is permitted. 

7. Lost or Damaged Personal Property:
Acorn Party and Acorn Playhouse assume no responsibility for any damage or loss of personal articles left on the premises before, during, or after the event. Any items left behind will be held at Acorn Playhouse for pickup for a maximum of two (2) days following the event. 

8. Damaged Acorn Playhouse Property:
The client will be held responsible for any damage caused to the property of Acorn Playhouse and will be charged for the cost of repairs or replacement. 

9. Non-Liability for Loss and Indemnity: 

9.1. Acorn Party and Acorn Playhouse shall not be held liable for any accidents, injuries, loss, or damage to property that may occur during the use of the Venue by the Event Host or its Guests. 

9.2. Acorn Party shall not be liable for any loss or damage, including consequential loss of profit or income, or any claims made by third parties against the Event Host, resulting from circumstances beyond its control, such as machinery breakdown, electricity supply failure, water leakage, fire, flood, typhoon, rainstorm, pandemic or epidemic, government orders or restrictions, war, riot, acts of God, or other causes reasonably beyond its control, which may temporarily close the Venue or interrupt or cancel the event. 

9.3. The Event Host agrees to indemnify and hold Acorn Playhouse, Acorn Party, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, and representatives harmless from any liabilities, claims, causes of action, fines, judgments, settlements, costs, expenses, penalties, losses, or damages of any kind or nature, including court costs and reasonable attorneys' fees, resulting from or relating to the acts or omissions of the Event Host, its subsidiaries, affiliates, employees, agents, and representatives in connection with the use of the Venue. 

10. Ending Time Policy:
Please note that in fairness to other event hosts and working staff, all events must end at the end of the session, 1:00pm for the morning session and 5:00pm for the afternoon session. While we aim to accommodate all families, any delays exceeding 15 minutes from the end of session time will incur an overtime fee of HK$1,000 per 15 minutes. i.e. if your guests are still remaining at the venue after 1:15pm for the morning session or 5:15pm for the afternoon session, we shall charge HK$1,000 per each additional 15 minutes until the venue is cleared. We appreciate your understanding and cooperation in adhering to our ending time policy in the interest of other event hosts and staff. 

11. Miscellaneous: 

11.1. Non-Assignment: Neither party may assign, transfer, charge, or otherwise deal with their rights under this Agreement without obtaining prior written consent from the other party. 

11.2. No Waiver: Any waiver by either party of a default by the other party in the performance of this Agreement shall not be construed as a waiver of any other or further default, nor shall it be effective unless in writing and duly executed by an authorized representative of the non-defaulting party. 

11.3. Third Party Rights: This Agreement does not confer any rights on third parties under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the laws of Hong Kong). 

11.4. Governing Law and Jurisdiction: This Agreement is governed by and interpreted in accordance with the laws of Hong Kong. The parties submit to the exclusive jurisdiction of the courts of Hong Kong for any claims or matters arising under this Agreement. 

11.5. In the event of a dispute, Acorn reserves the right to make the final decision on all matters.

PRIVACY POLICY

Mighty Oaks International Nursery and Kindergarten Limited, Acorn International Group Limited, V Group (Asia) Limited, Acorn Playhouse, Acorn Party and their respective affiliates, successors and/or assignees (collectively referred to as “the Group” or “we” or “us” or “our”) are committed to safeguarding your privacy online. Please read the following Privacy Policy to understand how you and your child(ren)’s/ward(s)’s personal data will be treated when you use or register on our websites (www.mightyoaksedu.hk, www.acornplayhouse.com, www.acornparty.com) and enroll your child(ren)/ward(s) to our programs, activities or events. The purpose of this Privacy Policy is to set out the policies and practices of our commitment to protecting personal data privacy in accordance with the provisions of the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong).

Information We Gather

As you interact with our website/s we will gather certain bits and pieces of information about your visit - the most basic of these are log files that are stored on the web server saving details such as the IP address you are browsing from, browser type, referring page and time of visit. What we tend to use is an analytics package (i.e. Google Analytics at the time of writing, but we reserve the right to use other tools in the future) to get further information about your visit (what you looked at, how you found us etc.), such that we get a clear picture of how our website is performing by how people are using it. We also use a few cookies to remember your preferences when interacting with the website. Cookie is a small text file containing information that are placed on the user’s device. Types of cookies include essential cookies and analytic cookies, which helps ensure proper functioning and easy navigation of our website, and improve our website by collecting and reporting information on how you use it. For registration, completing contact forms, we take the information that you’ve typed into the form including but not limited to personal details and contact information of you and your child(ren)/ward(s), and store this securely on the server in our content management system. In addition to collecting information online, we may collect information from you when you communicate with us in person, over the phone or via e-mail or social media, and if your child(ren)’s/ward(s)’s enrolment is confirmed, during the course of our programs, activities or events. Generally, we do not collect personal data from children without prior consent from their parents or legal guardians.

We will identify any information which is mandatory when we collect information from you. Failure to provide the requested information to us may result in us not being able to process your child(ren)’s/ward(s)’s application, provide you or your child(ren)/ward(s) with our services, or maintain contact with you.

How We Use It

The information we collect is used for purposes including but not limited to:

• process application for admission and program registration;
• process event execution and management needs;
• handle communications, complaints and other queries;
• organise, administer and operate our services and facilities, including but not limited to our programs, activities and scholarship schemes;
• conduct statistical research and analysis;
• enhance the visitor experience when using the website to display personalised content and possibly advertising;
• promote the safety of students, staff, and visitors, as well as the security of facilities; and
• all other purposes ancillary to the above purposes.

The data collected will be handled by our staff, kept confidential and used by the Group. We would like to use your [name, address, email address, mobile telephone number] and other relevant contact information and/or share such data about you with our authorised affiliates operating in education services to send you emails to inform you of news of our and our authorised affiliates’ [education] related products and services, and activities, events, promotions or offers by us or our authorised affiliates. 

All data collected will not be used, shared, sold, rented or leased to third parties for direct marketing purposes unless with your prior consent. However, we may, for or in connection with the aforesaid purposes, share your personal data [within the Group, and] with our agents, representatives and contractors so they can provide us with support services and other features. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information. We may also disclose personal data in special circumstances, where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property, other users on this website, or anyone else that could be harmed by such activities, or when required by law. We will take all practicable steps to ensure security of the personal data and to avoid unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal, erasure or other use.

Personal data may be stored in our database systems (which may be located within or outside Hong Kong). Your personal data will continue to be protected by means of contracts we have in place with those organisations within and outside Hong Kong.

We will retain your personal data for a period necessary to fulfill the purposes (or any directly related purpose) for which the personal data was collected, unless the retention is otherwise permitted or required by law.

Your Options

If you have subscribed to one of our services or direct marketing communications, you may unsubscribe by following the instructions which are included in emails that you receive from us. You may be able to block or delete cookies via adjusting your browser settings but this may prevent you from access to certain features of the website.

Other Websites

This website may contain links to other websites which may collect your personal data. Should you use these links to gain access to the third-party sites, you have vacated this website which means that this Privacy Policy no longer applies. The Group is not responsible for the content or any privacy practices of third-party websites. You are advised to check the privacy policies on such third party websites to understand their policies on the collection, usage, transferal and disclosure of personal data.

You have the right to access, update, correct or delete personal data held by us. Requests for access and correction should be addressed in writing to the us. We may levy a reasonable charge for data access or related requests. You can send privacy-related questions, complaints, and requests to our administration team at info@mightyoaks.edu.hk.

Personal Information Collection Statement

The information Mighty Oaks International Nursery and Kindergarten Limited, Acorn International Group Limited, V Group (Asia) Limited, Acorn Playhouse, Acorn Party and their respective affiliates, successors and/or assignees (“we” or “us” or “our”) collect is used to: 

·  process application for admission and program registration;

·  handle communications, complaints and other queries; 

·  organise, administer and operate our services and facilities, including but not limited to our programs, activities and scholarship schemes;

·  conduct statistical research and analysis;

·  enhance the visitor experience when using the website to display personalised content and possibly advertising; 

·  promote the safety of students, staff, and visitors, as well as the security of facilities; and

·  all other purposes ancillary to the above purposes. 

We would also like to use your name, email address, mobile telephone number and other relevant contact information and/or share such data about you with our authorised affiliates operating in education services to send you emails to inform you of news of our and our authorised affiliates’ education related products and services, and activities, events, promotions or offers by us or our authorised affiliates, but we cannot do so without your consent. 

For fields marked with asterisk (*), provision of such information is mandatory. Failure to provide the requested information to us may result in us not being able to process your child(ren)’s/ward(s)’s application, provide you or your child(ren)/ward(s) with our services, or maintain contact with you. 

We may, for or in connection with the aforesaid purposes, share your personal data with Mighty Oaks International Nursery and Kindergarten Limited, Acorn International Group Limited, V Group (Asia) Limited, Acorn Playhouse, Acorn Party and their respective affiliates, successors and/or assignees, and with our agents, representatives and contractors so they can provide us with support services and other features. We may also disclose personal data to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property, other users on this website, or anyone else that could be harmed by such activities, or when required by law.

You have the right to access, update, correct or delete personal data held by us. You can send privacy-related questions, complaints, and requests to Fabiana Drew, Operations Director at acornwch@mightyoaks.edu.hk or info@Mightyoaks.edu.hk. 

Photographs, videos, and audio recordings

Mighty Oaks International Nursery and Kindergarten Limited, Acorn International Group Limited, V Group (Asia) Limited, Acorn Playhouse, Acorn Party and their respective affiliates, successors and/or assignees (“Group”) may take and use photographs, videos, and audio recordings of you and/or your child(ren)/ward(s) for security, marketing and other educational uses. Additionally, these materials may be used internally for training and presentations.

Subject to your consent, the Group may also take and use photographs, videos, and audio recordings of you and/or your child(ren)/ward(s) for publications and promotional activities (including but not limited to on [any of the Group’s] social media pages, website, promotional materials, school communications). 

Please send any concerns to Fabiana Drew, Operations Director at acornwch@mightyoaks.edu.hk or info@Mightyoaks.edu.hk. 

DISCLAIMER

The information provided by the Group on our website is for general, indicative purposes only. No statement, representation, warranty or guarantee, express or implied, is given as to its accuracy or appropriateness for use in any particular circumstances. All materials contained in this website have been prepared by the Group (or permitted to be used by the Group) according to the latest information available, where its contents are subject to review and changes. We will try the best to keep all information as updated as possible.

We reserve the right to make any changes on this website without notice. The Group is not responsible for any damage or loss whatsoever with relation to, or arisen from, any information on this website.

COPYRIGHT

The content available in this website, including but not limited to photographs, videos, audio, graphics, all text, data and programmes, are subject to copyright owned by the Group. Except as expressly permitted herein or where prior written authorisation is obtained from the Group, any reproduction, dissemination, distribution, adaptation or making available of such copyright works to the public is strictly prohibited.

Users are permitted to download the materials in this website, provided that this is solely for personal or non-commercial use, and provided further that this copyright notice is downloaded and accepted the terms at the same time. Users should note that this permission only applies to the Group’s copyright materials, but not any third-party copyright materials.

Any updates to the above policy will be published on this website. You should check this policy regularly to make sure you understand our latest policy. If you continue to use this website, it indicates your acceptance to, and that you give full consent to, the relevant changes.

This policy is governed by and construed in accordance with the laws of Hong Kong. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Hong Kong.

DECLARATION

Please note that unless we receive written notification from parents, Mighty Oaks International Nursery and Kindergarten Limited, Acorn International Group Limited, V Group (Asia) Limited, Acorn Playhouse, Acorn Party and their respective affiliates may take and use photographs, videos, and audio recordings of your child for various purposes. These purposes include, but are not limited to social media pages, website or promotional materials, school communications, security, and other educational uses. Additionally, these materials may be used internally for teacher training, report cards, portfolios, and assessments.

Parents and Guardians further understand that in order to promote the safety of students, staff, and visitors, as well as the security of its facilities, the Group may conduct video surveillance of any portion of its premises at any time, with the only exception being private areas of bathrooms and changing rooms. Video cameras will be positioned in appropriate places within and around the Group's facilities and will be used to help promote the safety and security of people and property. Parents and legal guardians hereby give consent to such video surveillance at any time the company may choose.

Waiver and Release of Liability

PLEASE READ CAREFULLY BEFORE AGREEING. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS.

To: Acorn International Group Limited ,V Group (Asia) Limited, Acorn Playhouse, Acorn Party, hereinafter collectively known as “Acorn”,

Acorn Playhouse is located at all that the whole of 3/F Marina 8, 8 Heung Yip Road, Wong Chuk Hang, HK, and is operated by Acorn¹.

By purchasing the Acorn Playhouse Pass to the Acorn Playhouse or by using any of the facilities at the Acorn Playhouse, I, as a parent/legal guardian (the “Guardian”) of the minor child(ren)/ward(s) named in the application (the “Child(ren)”) or as caregiver authorised by the Guardian (the “Caregiver”), grant permission for the Child(ren) and their caregiver(s) (if any) to participate in the activities, programs, parties and/or other functions at the Acorn Playhouse (the “activities”).  I agree to be bound by, and undertake to, distribute and procure the agreement of each participant of my group, including the Child(ren) (“Participant”) to, this waiver and release of liability (the “Waiver”). For the avoidance of doubt, any person accompanying a Participant (whether attending as a spectator or to supervise a child) is also deemed to be a Participant and shall be bound by this Waiver.

I have carefully read this Waiver and fully understand its contents. By knowingly and voluntarily entering into this Waiver, I, as the Guardian or the Caregiver, expressly hereby:-

1.1.  accept that the services, facilities and activities in the Acorn Playhouse may involve known or unknown risks, and that by participating in the activities, we will be exposed to known or unknown risks and I unconditionally assume all risks of damage, loss, personal injury, or death to myself and each Participant, including the Child(ren);²

1.2.  certify that each of the Participants attending the Acorn Playhouse is healthy and physically fit for participation in the activities and have not been advised against participating in the activities by registered and qualified medical practitioners;

1.3.  agree to be familiar with and to abide by the rules established for the activities, including without limitation the rules posted in the Acorn Playhouse and/or on the Acorn Playhouse’s website;

1.4.  acknowledge, agree and represent that immediately upon entering the Acorn Playhouse or participating therein, I will inspect and carefully consider the Acorn Playhouse premises and facilities. It is further warranted that such entry into the Acorn Playhouse for observation or use of any facilities or equipment or participation in the activities constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that I find and accept the same as being safe and reasonably suited for the purpose of such observation, use or participation by myself and the Child(ren);

1.5.  accept sole responsibility for my own conduct and actions, as well as the conduct and actions of the Child(ren) and their caregiver(s) (if any) while participating in the activities, and the condition and adequacy of the equipment in the Acorn Playhouse;

1.6.  waive any and all rights, claims or causes of action of any kind whatsoever against Acorn for any personal injury or death, accident, property damage or loss arising out of, or in any way connected with, our participation in the activities, whether caused by any act, default, omission, or negligence of Acorn or otherwise;

1.7.  waive, release and discharge Acorn from any and all liability incurred by Acorn relating to physical or psychological injury and/or damage³ that the we may suffer arising out of, or in any way connected with, our participation in the activities or the use of the Acorn Playhouse, including any liability arising out of, or in connection with, any malfunction, breakdown, defect or inadequacy of any equipment or facilities in the Acorn Playhouse;

1.8.  agree that Acorn, to the fullest extent permitted by applicable laws, exclude liability for any types of losses and sufferings incurred by Acorn arising out of, or in any way connected with, our participation in the activities or the use of the Acorn Playhouse. This exclusion of liability is based on contract, tort (including negligence on the part of Acorn), strict liability owed by Acorn to us or any other basis;⁴

1.9.  in the event of an emergency where medical attention is required by us, authorize Acorn in their reasonable discretion to administer first-aid and/or to obtain immediate medical attention, including hospitalization and/or secure proper medical or surgical treatment at my own cost; I, on behalf of myself and on behalf of the Child(ren) further release and discharge Acorn from any and all liability incurred by Acorn arising out of the provision of, or failure to provide, medical treatment to us;

1.10.  agree to hold harmless and indemnify Acorn from any and all liability, damage, loss, cost, compensation or otherwise which may be imposed against Acorn due to our participation in the activities and/or the use of the Acorn Playhouse, including but not limited to matters covered under (ix) above; and

1.11.  agree that Acorn is not responsible for the errors, omissions, acts, or failures to act of any third party or entity which built, own, maintain, or control the property/facilities in the Acorn Playhouse.

In the event that any provision or part of this Waiver shall be deemed to be invalid, illegal or otherwise unenforceable, the remainder of this Waiver shall be unaffected and shall continue to be valid and enforceable. 

¹ Acorn is defined to include its directors, managers, agents, employees, volunteers, independent contractors, representatives, agents and/or any other authorized individual(s) at the direction of Acorn.

² The risks may include, but are not limited to, incidents or accidents arising from: (a) personal choices, actions, or activities; (c) hygiene, medical and physical condition of the participants; (d) weather conditions; and (e) different standards of design, safety, maintenance, rules and regulations of the facilities at the Acorn Playhouse, buildings, places, and conveyances.

³ Such injury and/or damage includes but is not limited to illness (including food allergies, food poisoning or other illnesses/injuries arising from the provision of food or beverage by restaurants or other third-party service providers), damage, economic or emotional loss.

⁴ If Acorn is howsoever found liable for any loss and damage, the maximum liability of Acorn for all claims will not be exceed ten times the admission fee. This limitation applies whether the claim arises from contract, non-conformity or tort and regardless of the theory of liability.