Ticket Policy & Liability Waiver
All Ticket Holders and any other Visitors to THE BUTCHART GARDENS must accept the following terms and conditions of access to THE BUTCHART GARDENS, its facilities, equipment, and grounds (“THE GARDENS”). By entering THE GARDENS, or by purchasing or possessing a ticket to THE GARDENS, all Visitors irrevocably accept such terms and conditions. If you do not accept such terms and conditions, then please do not purchase or possess a ticket to THE GARDENS, or visit. Garden Etiquette can be found here: https://www.butchartgardens.com/garden-etiquette/. THE GARDENS reserve the right to deny entry or remove any person(s) acting in contravention of these rules.
1. Tickets – General Admission
No refunds or exchanges. As THE BUTCHART GARDENS is an outside venue, all sales are final. For tickets, excluding those specified in Section 2 (below), that are purchased at the Admission Gate or online from www.butchartgardens.com, the monetary value of unscanned and/or unused tickets may be applied to any future admission. Ticket Holder agrees that a ticket issued by THE GARDENS is for the sole purpose of accessing THE GARDENS and is for gardens viewing only. All Firework Shows and entertainment, when available, is offered free of charge to Ticket Holders and is performed in outdoor venues, and as such is subject to cancellation without notice. THE GARDENS may, at its sole and absolute option, revoke Ticket Holder’s ticket at any time, which includes denying Ticket Holder’s access to the property upon or due to any violation, or suspected violation of any or all of these terms and conditions or for any violation or suspected violation of any applicable laws, policies, rules or regulations, as determined by THE GARDENS. Please note that some areas of THE GARDENS are under video surveillance.
The Gardens reserves the right to alter operating hours and pricing without notice.
2. Tickets – Group, Tour Company or 3rd Party Sellers
For Groups, Tour Company Visitors, and for tickets purchased from 3rd party sellers (e.g., hotels, cruise lines, transportation providers, online travel agencies, etc.), all tickets to THE GARDENS are for the sole purpose of accessing THE GARDENS and are for the express purpose of viewing THE GARDENS. All Fireworks and entertainment, when available, is offered free of charge to Ticket Holders and is performed in outdoor venues, and as such is subject to cancellation without notice. May 1st – September 15th, when visiting after dusk, please note THE GARDENS are aesthetically and softly illuminated and are not floodlit.
If The Tour Company’s driver or tour staff declares a ticket discrepancy, but the issued receipt matches the passenger count declared on the voucher, the driver or tour staff must purchase additional tickets or request a ticket adjustment prior to leaving admissions. Scanned/used tickets are not refundable, and tickets purchased from a Tour Company or 3rd party seller will not be refunded by THE GARDENS. Tour bus boarding passes are not valid for admission to THE GARDENS. All Tour Company Visitors must direct ticket inquiries to The Tour Company or 3rd party seller.
The Gardens reserves the right to alter operating hours and pricing without notice.
3. Risks
Ticket Holder and any other Visitor freely accepts and fully assumes any and all of risks, dangers and hazards involved in accessing THE GARDENS including the possibility of injury, property damage, or death.
Ticket Holder and any other Visitor agrees that they are attending THE GARDENS and enjoying its facilities, equipment, and grounds voluntarily and AT THEIR OWN RISK. In consideration of admission to THE GARDENS, Ticket Holder and any other Visitor hereby AGREES to WAIVE any and all claims they have or might have at any time against THE BUTCHART GARDENS LTD., its directors, officers, agents, employees, representatives, successors and assigns (“THE RELEASEES”) for injury, death or property damage arising out of or attributable to their attendance at any time at THE GARDENS, due to any cause whatsoever, including without limitation the negligence of the RELEASEES or any of them, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. Ticket Holder and any other Visitor hereby forever RELEASES THE RELEASEES from liability under any and all such claims, and covenants not to make or bring any such claim against any of THE RELEASEES.
4. Force Majeure, Changes, Cancellation
If THE GARDENS is unable to admit Ticket Holder, or if THE GARDENS must close due to any of the following: strikes, labour disputes, riots, heavy snowfall or other extreme weather conditions, storms, floods, electrical power failure, explosions, acts of God, war, shortage of labour or materials, shutdowns due to health regulations and/or restrictions, conditions deemed by THE GARDENS to be unsafe for Visitors, or causes beyond the reasonable control of THE GARDENS, including delay or failure to perform by THE GARDENS’ subcontractors or suppliers, Ticket Holder agrees that THE GARDENS may, at its sole and absolute option, issue a refund to Ticket Holder, but if THE GARDENS chooses not to issue a refund, the monetary value of the Ticket Holder’s ticket shall remain valid and can be applied against posted admission rates for entry at any future date where THE GARDENS is open. THE GARDENS shall not be liable to Ticket Holder for any costs, loss, expenditures, or damages suffered by Ticket Holder in such circumstances.
5. Acknowledgement
This Agreement constitutes the entire agreement between THE GARDENS and Ticket Holder and any other Visitor with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of the Parties, their heirs, successors, and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of British Columbia, and Ticket Holder hereby consent to the exclusive jurisdiction of such courts.
BY ENTERING THE GARDENS I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE GARDENS AND THE RELEASEES.