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HomeMy WebLinkAboutBrown_Christine CITY OF CAPE CANAVERAL Release and Waiver.Agreement whose address is Cc'krowingly and voluntarily agree to participate in the Cape Canaveral Community Garden Program at faciliti s ownedby t e qty of�avc ral(Trogram„) I acknowledge and understand that this Program is an outdoor activity subject to ienvironmental conditions including, but.not limited ttoinclement weather conditions such as rain,hail,and wind storing,extreme sure exposure,and soil exposure. In addition,the program involves various levels of manual labor associated with gardening such as lifting and using equipment; frequent body movement such as bending, kneeling,lifting,standing,and walking;and manipulating and moving soil,compost,and plant nt; req which will puce physical stress an my body,including but not limited to rrry muscular and cardiovascular.systems. Further,there is risk of animal bites/stings and disease associated with gardening including,lint not limited to,from fire ants,bees,hornets,wasps,mosquitos,fleas,snakes,rodents,birds and other animals that may be found in a vegetable and flower garden or in the wild. I am aware that it is my responsibility to first consult with my physician or other health care professional to determine if this Program is right for my needs. I farther understand that gardening requires the use of hand tools, both small and large,such as sharp stakes,spades, rakes, pails,and digging forks,and that some tools such as shears and knives have sharp cutting edges or points that can cause serious bodily injury and/or death if used incorrectly, callously, negligently ax recklessly. I also understand that I urn solely responsible for my safety and that I will undertake precautions of my own choosing, and as I deem appropriate for any needs,to protect myself against injuries anddfor death related to animal bites and disease,sun exposure,adverse weather conditions,manual tasks, use of tools, and other activities and conditions associated with the Program. I will further be solely responsible for my own persoxial belongings that I may use in,or bring to,the program. I agree to assume the entire risk of accidents,illness,disease,personal injury,property damage or death which is suffered by me as a result of participation in the Program, whether or not such damage results from product Iiability or negligence or gross negligence(except intentional misconduct)on the part of the City. I understand that the City is not providing any safety measures of any kind for the Program,and that I am solely respousr"ble for my safety including,but not limited to,providing my own personal protective equipment such as gloves,footwear,dust masks, safety goggles,ear muffs,sunscreen,hats,allergy medications and products,as I deem appropriate for my own safety. I further agree that the City has no responsibility for nay personal belongings should they become lost or stolen. I(individually and on the behalf of any spouse,children,relative,beneficiary,estate,personal representative,successor,assign,and all persons or entities which may derive a claim through ire),for and in consideration of the opportunity to participate in the Program, hereby enter into this Release with the City,and agree to the fullest extent permitted by law and without limitation, to indemnify and bold harmless the City, from and against all claims,losses, damages,personal injuries(including but not limited to death),or liability(including reasonable attorney's fees),which directly or indirectly arise out of,or result traria,my participation in the program, I(individually and on the behalf of any spouse,children,relative,beneficiary,estate,personal representative, successor,assign,and all persons or entities which may derive a claim through me) hereby remise, release and forever discharge the City from any all claims, accidents, damages, demands, rights,actions and causes of action of any kind whatsoever, iii law or lin equity, resulting from my participation in the Program,which includes and extends to any and all claims I have or may have against the City with respect to the Program and the eondi#iozrs, qualifications, instructions,rules or procedures thereof, and, from any other cause whatspever relating to the Program or occurring dining s, after or as a result of the Program. I further agree to accept for ull responsibility,financial or otherwise,for any injury that I may cause either to myself or to any other participants due to my acts or omissions while participating in the Program. It is my intention hereby,fully and finally and forever,to settle and to release gray and all matters,disputes and differences,with respect to those matters described herein. I further agree that This Release is to be broadly construed,and that if any portion of same is field invalid,that the balance of the Release shall continue in full legal force and effect. It shall.have no legal effect on interpretation of this Release that the City has prepared this Release. I have read,understand,and voluntarily sign this Release and further agree that no oral representations,statements or inducementsapart from the contents of this Release have been made which in anyway alters, amends, or changes this Release, Florida tau,applies to this Release. I certify that I am eighteen years or older. If I allow any minor children)to participate in the Program,I acknowledge and agree that the aforesaid statoments shall equally apply to my minor child(ren)and that I will be solely responsible for supervising my child(ren)participating in the Program at all times. My child(ren)will not participate in the Program without my adult supervision. The following,notice shall also apply: NO'T'ICE TO THE MINOR C D'S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR OUR. NOR COLD ENGAGE IN A POTENTIALLY BEY DANGEROUS fi CTIvITy. YOU CITE'' OF CAPE CANAVERAL Release and Waiver Agreement ARE AGREEING THAT, EVEN IF THE CITY OF CAPE CANAVERAL (INCLUSIVE OF ITS ELECTED AND APPOINTED OFFICIALS, OFFICIALS, DIRECTORS, EMPLOYEES, AGENTS, PROGRAM INSTRUCTORS, ATTORNEYS, AFFILIATED ORGANIZATIONS AND SPONSORS) (HEREAFTER, COLLECTIVELY REFERRED TO AS TUE "C.ITY") USES REASONABLE CARE IN PROVIDING THIS PROGRAM ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR. KILLED BY .PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE CITY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR .ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL FART OF THE PROGRAM ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE CITY HAS THE RIGHT TO REFUSE TO LET YOUR CHILI) PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I M01VIDUALI.'3' ANM ON THE BEHALF OF ANY SPOUSE,MINOR OR ADULT CMWREN, ISU ATM7E,BENEFICIARY, ESTATE,PERSONAL PMRESENTAT'IYE,SUCCESSOR,ASSIGN,AND ALL PFMONS OR ENT MS WHICH MAY DERIVE A CLAIM TI MOUGH ME)KNOWINGLY,WHAYMLY,la MLY,EXPRMLY AND COMPLETELY ASSUME ANY AND ALL RISKS Am LIABffirff, KNOWN OR UNKNOWN, ASSCDC`I TED W11 MY PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SAID RISKS ARE p'MRESSLY OR LY STATED HEREIN. THE CITY OF CAPE CANAVERAL AND ITS ELECTED AND APPOE41 ;ID(OFFICIALS,EMPLOYEES,PROGRAM INSTRUCTORS ATTORNEYS,AND AGENT'S ("CI"Iy) ARE NOT RESPONSIBIX FOR ANY INJURIES, INCLUDING DEATH, WHICH MAY OCCUR TO ME BEFORE, DURING,OR AFTER MY PARTICIPATION IN THE PROGRAK I have 1fully read and fully understand the foregoing and in consideration of being allowed to pardeipate In the Programs,I fully agree to the foregoing terms and conditions set forth herein. Participant's Name(pleaw print) . Participant's Signature Date Cape Canaveral Community Garden Rules Visit www.cityofeapecanaveral.org/garden for more information. 1. Each gardener is responsible for the maintenance and upkeep of his or her garden box. 2. Box watering,weeding,harvesting and any other garden-related maintenance are the responsibility of the gardener. 3. Gardeners will volunteer to serve as garden leaders on a monthly basis. Garden leaders will establish monthly mandatory work days and report maintenance or other concerns to the Community engagement team. 4. Strengthening Community ties is a huge part of this project. Gardeners who miss two work days and/or mandatory meetings will be asked to forfeit their plots and cease participation in the garden. 5. A limited number of tools, gloves, hoses and miscellaneous garden equipment will be available in the locked garden shed for use during regular park hours. b. Gardeners will enter harvests in the log book to allow the City to keep metrics 7. Garden boxes should be cared for at least once a week. It is the gardener's responsibility to ask fellow gardeners for assistance if he or she is not able to care for his or her box in any given week.If a gardener is not pulling his or her weight during the season,he or she will be asked to forfeit any plots and cease participation in the Community Garden. 8. Each gardener will be given a combination code to the lock on the garden gate and the shed for access to tools and watering equipment. Gardeners are responsible for remembering the lock combination code.Please do not share the combination with those who are not participating in the current season.Keep the garden gate and shed locked at all times and return all tools before leaving. 9. Guests and children are welcome in the garden but must be accompanied by an adult registered gardener and must be supervised at all times. Children are not allowed to water or disturb any plots that do not belong to their parents. 10. Each gardener must complete a Release of All Claims form before they can work or volunteer in the garden. 11. The application of herbicides(weed killers)and non-organic fertilizers or pest control to the garden boxes is prohibited and strictly enforced. If found using these materials,the gardener will immediately forfeit the garden box and cease participation in the Community Garden. 12. Assignment of garden boxes will be awarded on a first-come/first-serve basis. Gardeners from previous seasons can immediately apply for upcoming growing seasons with no wait time. 13. Box fees are due in full to the Community engagement consultant before gardeners take possession of their boxes and are given the code to the combination lock. Season 4 box fees are $10.00. These funds will be held in a specific Community Garden account. Funds will go toward on-going Community Garden needs, such as compost, upgrades,tools, etc. 14. At the end of the growing season, gardeners are responsible for clearing boxes of all plant material,tilling the soil and leaving the box as they received it. Garden season dates are TBD. 15. Gardeners will not expand garden boxes beyond their measurement or into paths or other boxes. 16. Gardeners will keep all plants within the limits of their garden box. Gardeners will not allow any plants to grow more than six feet high, excluding certain plants like sunflowers or okra. 17. Plants must be kept free of weeds,pests and diseases. Gardeners whose plots are regularly found to be infested with pests or weeds will forfeit their plots and cease participation in the garden. 18_ Illegal plants,weapons, smoking of any kind, profanity, discrimination and drinking of alcoholic beverages is prohibited in the Community Garden and Patriots Park. 19. Garden boxes will be watered according to water-wise guidelines. 20. Participation in Community Garden meetings,workshops and special events is required.Gardeners who do not regularly attend work days, meetings or special events will be asked to forfeit their plots and cease participation in the garden. 21. Gardeners are responsible for ensuring that the rules are followed at all times.Breaking any rules, terms and conditions is cause for immediate exclusion from the garden and forfeit of garden box.You will be allowed to reapply for another garden box only at the discretion of the Community engagement team. 22. Any issues should be communicated to the Community engagement team within 24 hours of incident. Rebekah McLain, Community Engagement Consultant r.mclain@cityofcapecanaveral.org Joshua Surprenant,Community Engagement Director* j.sw-prenant@cityofeapecanaveral.org (321) 868-1231 Ext *The Community Engagement Director is the highest governing authority at the Cape Canaveral Community Garden. 0Q_Signed[Gardenerj: X_ Date:- Approved: Date: