terms and conditions

Ticket Terms and Conditions

Tickets for admission to Magnolia Plantation and Gardens (“Magnolia”) are revocable licenses that only grant a one-time entry onto the plantation grounds (the “Grounds”) with one return visit within the same calendar year. The person seeking entry pursuant to such license, and any accompanying minors (“Holder”), agrees that such license is subject to these Terms and Conditions (these “Terms”) and by purchase, acceptance and/or use of such license, Holder is deemed to have read the Terms and has agreed to be bound by them. Failure to comply with the Terms shall result in forfeiture of the license and all rights arising under it without refund and entitle Magnolia to pursue all legal remedies available. Admission may be refused or revoked, and Holder may be ejected in Magnolia’s sole discretion. The hours that the Grounds are open to the public are subject to change at Magnolia’s sole discretion, and no such change shall entitle Holder to a refund or other remedy if Holder cannot attend or for any other reason; provided, however, that Holder has the opportunity for one return visit to the Grounds within the same calendar year of the initial date Holder visits the Grounds if Holder was unable to experience all attractions on the Grounds on the first visit.

THE SOLE AND EXCLUSIVE REMEDY if Holder is unable to visit the Grounds on the intended date or experience all attractions on the Grounds on the first visit, is the opportunity for one return visit to the Grounds within the same calendar year of the intended date of the first visit. IN NO EVENT SHALL MAGNOLIA BE LIABLE FOR ANY SPECIAL,

CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY AMOUNT PAID FOR THE TICKET. IN ANY PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER ARISING OUT OF OR RELATED TO THIS TICKET, HOLDER IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN CHARLESTON COUNTY, SOUTH CAROLINA AND AGREES NOT TO RAISE ANY OBJECTION TO THE JURISDICTION OR TO THE LAYING OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN THE JURISDICTION. These Terms shall be governed by and interpreted in accordance with the laws of the State of South Carolina, without giving effect to the principles of conflicts of law of such state. The duration of these Terms is perpetual. These Terms apply to any liability or claim that arises or is asserted at any time, whether before or after the acceptance of these Terms.

Magnolia reserves the right to deny or revoke the admission of any person who it determines, in its sole discretion, poses a risk to the health or safety of other attendees or whose conduct violates these Terms, any Magnolia policies, or is otherwise disorderly (or complicit therein) without refund.

WAIVER, RELEASE AND INDEMNIFICATION. Holder acknowledges and agrees that for itself, its, heirs, executor, administrator and representatives, and anyone entering the Grounds with Holder (which persons Holder represents have authorized Holder to act on their behalf for purposes of the release herein) do hereby agree to waive, release, hold harmless and indemnify in advance Magnolia and each of its direct and indirect affiliates, administrators, designees, licensees, agents, owners, officers, directors, stockholders, employees, contractors (and their employees) and other personnel, and the successors and assigns of any of the foregoing (“Released Parties”), from and against any blame and liability for any property damage, injury, death, harm, inconvenience and/or any other damage of any kind whatsoever, which may result from or be connected in any way to Holder’s access to the Grounds, even though that liability may arise out of negligence or carelessness on the part of the Released Parties. Holder acknowledges and agrees that these Terms are intended to be, and are, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by Holder while on or using the Grounds or participating in activities on the Grounds.

HOLDER VOLUNTARILY ASSUMES ALL RISKS, HAZARDS AND DANGERS incident to the Grounds and related events, including the risk of personal injury (including death), exposure to communicable diseases, viruses, bacteria or illnesses, or the causes thereof, or lost, stolen or damaged property, whether occurring before, during, or after admission to the Grounds, however caused, and hereby waives all claims and potential claims relating to such risks, hazards and dangers.

COVENANT NOT TO SUE. Holder agrees, for itself and all its heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which Holder or its heirs may have as a result

of any personal injury, death or property damage Holder may sustain while on or using the Grounds or while participating in activities on the Grounds.

RESPONSIBILITY FOR PERSONAL PROPERTY. Holder acknowledges and agrees that Holder is fully and solely responsible for any of Holder’s property and personal belongings that Holder brings onto the Grounds or that Holder uses during the activities on the Grounds, and that Magnolia will not be responsible for or provide any security for Holder’s property and personal belongings.

SEVERABILITY. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, it shall be deemed severed and not affect the enforceability of any other provisions, which shall be enforced as if these Terms did not contain the invalid, illegal, or unenforceable provision.