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Long Beach Organic, Inc. Gardener's Agreement

Garden Use, Waiver of Liability, Release and Indemnification Agreement

1. TEMPORARY RIGHT TO GARDEN

1.1 Plot. Gardener shall have the temporary right to garden plot(s) _______________ in the garden selected above. Gardener may use the Plot for the spring/summer (March through August) and fall/winter (September through February) seasons for the duration of this agreement. Your family and friends may garden with you as your guests. The Gardener is responsible and liable for all guest actions and any damage to a garden or individual.

1.2 No Refund. You understand that you will not get a refund or reimbursement for your expenses, or any other payment if you decide not to garden or if the Sponsor terminates your right to garden, any personal or monetary investment on the garden. You understand that only you and no one else, including your family, has any rights under this Agreement.

1.3 Fees.

Plot(s) fee are based on $.70 per square foot, with a minimum of $55, for each 6-month season. Rental fees are payable twice a year in advance of the rental periods and are due on March 1st and September 1st. Failure to pay rental fees within 30 days of the March 1st or Sept. 1st due dates may result in loss of the assigned plot. Plot fees for new gardeners collected in mid-season will be pro-rated for terms of less than 3 months.

All dues and plot fees are subject to increase upon notification.

1.4 No Transfers 

This agreement is non-transferable. The right to garden in the assigned plot is specific to you and may not be assumed by anyone without written agreement from LBO.

2. LIABILITY WAIVER, RELEASE, AND ACKNOWLEDGEMENT

2.1 Acknowledgment and Waiver. I, the Gardener, desire to participate voluntarily as a Gardener with LBO as agreed upon per the terms and conditions of Community Garden Rental Agreement and engage in the activities related to being a Gardener with the LBO. The Gardener, does hereby release and forever discharge and hold harmless Long Beach Organic, Inc., subsidiaries, successors, and each of their respective directors, officers, employees, property owners, and agents (the “Released Parties”) from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, including attorney’s fees, which arise directly or indirectly from my participation with LBO. I understand that my participation may include activities that may be hazardous to me, including, but not limited to, gardening, use of gardening tools, construction activities, loading and unloading of heavy equipment and materials, injuries caused by insects or wildlife, and local transportation to and from LBO locations. I hereby expressly and specifically assume the risk of injury or harm in these activities and release the Released Parties from all liability for injury, illness, death, or property damage resulting from my participation.

2.2 Medical Care Waiver. Gardener does hereby release and forever discharge the Released Parties from any claim whatsoever which arises on account of any first aid, treatment, or service rendered in connection with the Gardener’s participation with LBO. Gardener is solely responsible for his/her own medical care and coverage, should any be desired or needed. Each Gardener is expected and encouraged to arrive with medical or health insurance coverage in effect.

2.3 Photo Release. Gardener agrees that the Released Parties may use images and recordings, whether audio or visual or both, of him/her taken during the membership period with LBO (“Photos”) as the Released Parties see fit in their sole discretion to benefit and promote the Released Parties and/or the LBO. Gardener does hereby grant and convey unto Long Beach Organic, Inc. all right, title, and interest in the Photos, including, but not limited to, any royalties, proceeds, or other benefits derived from the Photos. Gardener hereby releases and discharges the Released Parties from any and all claims and demands arising out of or in connection with the use of the Photos, including without limitation any and all claims for libel or invasion of privacy visual or auditory recordings, or any other medium, including the internet, of you or your guests that we or others may create in connection with your or your guest’s participation in the Garden. You agree that you do not have to inspect or approve the finished project and you are not entitled to any compensation for the finished product.

3. TERMINATION

3.1 Failure to Comply with Agreement or Garden Rules. You confirm that you have read a copy of the Garden Rules attached to this Agreement and you will comply with them. If you fail to obey the Agreement or the Garden Rules, we can terminate your right to garden.

3.2 Termination of Lease. If the Landowner terminates our Lease for the land where the garden is located, your right to garden will end. The Landowner can terminate our Lease at any time. We will notify you if the Landowner terminates the Lease.

No Transfers. This agreement is non-transferable. The right to garden in the assigned plot is specific to you and may not be assumed by anyone without written agreement from LBO.

4. OTHER PROVISIONS

4.1 Entire Agreement, Severability and Modification. If any part of this Agreement or Liability Waiver is ineffective, the remaining portions of the Agreement remain in effect. Any changes to this Agreement have to be in writing and signed by you and the Sponsor.

4.2 Third-Party Beneficiaries. You understand that this Agreement gives the Landowner a right to enforce certain parts of this Agreement against you by going to court. (In legal terms, the Landowner is an “express third party beneficiary.”) The Landowner can enforce Sections 2 and 3.2 of this Agreement. 

First Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
First Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
First Gardener's Signature*
Second Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Third Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Fourth Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Fifth Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Sixth Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Seventh Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Eighth Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Ninth Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Tenth Gardener's Name
First Name*
Last Name*
Phone*
Select Gender
Gardener's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to sign up for event notifications, workshops, and classes!
Gardener's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Secondary Gardener Contact Information
Secondary Gardener First Name
Secondary Gardener Last Name
Secondary Gardener Email *Your email will be added to our newsletter, but you can unsubscribe at any time.
Secondary Gardener Phone Number *Phone numbers will be automatically opted in to our emergency update SMS service.
Third Gardener Contact Information
Third Gardener First Name
Third Gardener Last Name
Third Gardener Email *Your email will be added to our newsletter, but you can unsubscribe at any time.
Third Gardener Phone Number *Phone numbers will be automatically opted in to our emergency update SMS service.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Demographic information is collected for funding and grant writing purposes. This information is confidential and will not be shared or used for any other purpose.
Number of Household Members *
Number of minors in household *please put 0 if none *
Gardener # 1 Ethnicity*
Household Income*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Select Gender
Parent or Guardian's Date of Birth*
Date of Birth
Garden Selection
Garden Selection*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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