HomeMy WebLinkAboutShea_Robin CITY OF CAPE CANAVERAL
Release and Waiver Agreement
- — whose address is 7 _kncwiaz and voluntarily a
participate in the Cape Canaveral Comnmunity Garden Program at facilities owned by the City of Cape Canaveral(° 'ragrarn"). y wee to
I acknowledge and understand that this Program is an outdoor activity subject to environmental conditions including, krait,not limited to,
inclement weather conditions such as min,hail,atnd wind storms, extreme sun 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,fitting,standing,and walking;and manipulating and moving soil,compost,and plant materials which will place physical stress on my
body,including but not limited to my muscular and cardiovascular systems. Further,there is risk of animal bites/stings and disease associated
with gardening including,but 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. 1 am aware that it is my responsibility to first consult with my physician or other
health care Professional to determine if tlris Program is right for my needs. I further 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 or recklessly. I also
understand that I am solely responsible far my safety and that I will undertake precautions of my owri ons,manual
choosing,and as I deem appropriate for
MY needs,to protect myself against injuries and/or death related to animal bites and disease,sun exposnre,adverse weather conditi
tasks,use of tools, and other activities and conditions associated with the Program. I will further be solely responsible for n own personal
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 liability ornegligence 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 far the Program,and that I am
solely responsible for my safety including,but not limited to,providing my own personal protective equipment such as gloves, #and t a t dust
masks, safety goggles, ear mu.M,sunscreen, hats,allergy medications and products,as I deem,appropriate for my own safety. I further agree
that the City has no responsibility for my 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 persos
n
or entities which may derive a claim through me),for and in consideration of the opportunity to participate in the Program, hereby crater into
this Release with the City,olid agree to the fullest extent permitted by law and without Iiinitationn, to indemnify and hold harmless the City,
from and against all claims,losses, damages,personal injuries(including but not limited to death),or liability(ibcluding reasonable attorney's
fees),which directly or indirectly arise out of,or result from,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, in law or iu 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 conditions,
qualifications, instructions,Hiles or procedures thereof, and, from.any other cause whatsoever relating to the Program or occurring during or
after or as a result of the Program.. I further agree to accept full 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,filly andfrzaally
and forever,to settle:and to release any and all matters,disputes and differences,with respect to those;aratters described herein.
I further agree that this Release is to be broadly construed,and that if any portion of same is held invalid,that the balance of the Release shall
continue in fish 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 farther agree that no oral mpresentations,statements or inducements apart from the
contents of this Release have been made which in anyway alters, amends, or changes this Release. Florida law applies to this Release. I
certify that I am eighteen years or older,
If I allow nay minor child(ren)to participate in the Program.,I acknowledge and agree that the aforesaid statements 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 threes,My child(Ten)will
not participate in the Program ,vithoul my adult supervision.'Me following notice shall also apply;
NOTICE TO THE MINOR CIRL 'S
NATURAL GUARDIAN
READ THIS FORD COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET
YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU
Cape Canaveral Community Garden Rules
Visit www,cityofeapecarlaveral.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.
6. 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.
S, 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.
1.0. 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 inimediately apply for upcoming growing seasons with no wait time.
13. Box fees are due in full to the Community engagement consultant before gardeners tale
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 fi-om 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@cityofcapecaixaveral.org
Joshua Surprenant,Community Engagement Director*
j.surprenant@cityofcapecanaveral.org
(321) 868-1231 Ext
*The Community Engagement Director is the highest governing authority at the Cape Canaveral
Community Garden,
Signed [Gardener]; Date: /"
51
Approved: Date:
CITY OF CAPE CANAVERAL
Release and Waiver Agreement 0
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 THE "CITY")
USES REASONABLE CARE IN PROVIDING THIS PROGRAM ACTIVITY, THERE IS A
CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR. KILLED BY
.PARTICIPATING IN THIS ACTIVI'T'Y BECAUSE THERE ARE CERTAIN DANGERS
INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY
SIGNING THIS FORM YOU ARE GIVING IJP YOUR CInD'S RIGHT AND YOUR
RIGHT TO RECOVER FROM THE CITY IN A LAWSUIT FOR ANY PERSONAL
INJURY, INCLUDING DEATH, TO YOUR. CHILI] OR ANY PROPERTY DAMAGE
TI-IAT RESULTS FROM THE RISKS THAT ARE ANATURAL PART 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 CHILD PARTICIPATE IF
YOU DO NOT SIGN THIS FORM.
I (INDIVIDUALLY AND ON THE BEEF OF ANY SPOUSE,MINOR OR ADULT CHILDREN, RELATIVE, BENFpjCL RY,
ESTATE,PERSONAL REPRESENTATIVE,SUCCESSOR,ASSIGN,AND ALL PERSONS OR ENTITIES WHICH MAY DERIVE
A CLAIM THROUGH ME)KNOWINGLY,WILLFULLY,FULLY,EXPRESSLY ANIS COMPLETELY ASSUME ANY AND ALL
RISKS AND LIABILITY, KNOWN OR UNKNOWN, ASSOCIATED WITH MY PARTICIPATION IN THE PROGRAM,
WIIETHE+R OR NOT SAIID RISKS ARE EXPRESSLY OR IMPLIEDLY STATED HEREIN. THE CITE'OF CAPE CANAVERAL
AND TTS ELECTED AND APPOINTED OFFICIALS,EMPLOYEES,PROGRAM INSTRUCTORS ATTORNEYS,AND AGENTS
{f°C;'Iwl) ARE NOT RESPONSIBLE FOR ANY INJURIES, INCLUDING DEATH, WHICH MAY OCCUR To ME BEFORE,
DURING,OR AFTER MY PARTICIPATION IN THE PROGRAM.
I have Bally read and fully uaaderstand the foregoing and in consideration of being allowed to participaate in the Program,I fully agree
to oluPo aaad to-aditions set!"herein.
Participant's Name(please print) . Participant's Signature Date