member Release And Waiver Of Liability

In exchange for being permitted to access property owned by Magnolia Plantation Corporation (the “Owner”), including activities relating to early and late access and photography on or around the Owner’s property (the “Activities”), I recognize and acknowledge that there are certain risks including injury, death, and property damage associated with participating in the Activities on the land of the Owner (the “Land”), and I agree to assume all such risks as a result of participating in any and all Activities on the Land.

1. Waiver, Release, & Indemnification: By signing this Agreement, I acknowledge that I understand its intent, and I for myself, heirs, executor, administrator, and representatives do hereby agree to waive, release, hold harmless and indemnify in in advance the Owner, its subsidiaries or any of its respective agents, employees, representatives, attorneys, directors, officers, stockholders, affiliated corporations, parent or subsidiary corporations, predecessors, successors and assigns, 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 participation in the Activities, even though that liability may arise out of negligence or carelessness on the part of the Released Parties. I acknowledge and agree that this Agreement is intended to be, and is, 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 me while on our using the Land or participating in Activities on the Land.

2. Understanding of Risks: I fully acknowledge and understand that serious accidents can occur while participating in the Activities and that participating in such Activities can occasionally cause mortal or serious physical and/or mental trauma or injury. I agree that I am not relying on the Released Parties to decide whether anything associated, connected, or related to the Activities and/or the property of the Owner is safe. I fully acknowledge and understand that property damage can occur while participating in and/or as a result of the Activities. I understand that I am responsible for complying with all requirements of any governmental authority, including any requirements or regulations promulgated or enforced by the South Carolina Department of Natural Resources, or any other government authority that regulates wildlife or bodies of water.

3. Covenant Not to Sue: I agree, for myself and all my 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 I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Land or while participating in the Activities.

4. Medical Treatment Release: I hereby authorize the Owner to secure, and I consent to, any medical treatment that may be given to me should the Owner determine, in its sole discretion, that I need medical care, as a result of my participation in the Activities and being on the Land. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all Released Parties involved from any type of liability for anything that may happen during my treatment or transport.

5. Responsibility for Personal Property: I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Land or that I use during the Activities, and that the Owner will not be responsible for or provide any security for my property and personal belongings.

6. Assumption of Risk: Knowing the risks of my participation in the Activities, nevertheless, I hereby agree to assume full responsibility for the risks associated with participation in the Activities and to release and hold harmless the Released Parties who (through negligence or carelessness) might otherwise be liable to my heirs or assigns for damages.

7. Duration: The duration of this agreement is perpetual. It applies to any liability or claim that arises or is asserted at any time, whether before or after the execution of this Agreement.

8. Governing Law and Venue: This Agreement 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. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Charleston County, South Carolina.