1. Gardeners will be civil, honest, and cooperative.

2. Gardeners may only use the garden during daylight hours, from opening day in May to closing day in October, unless the garden has paid to use the plot for the following year.

3. Gardeners must contribute at least 6 hours to maintain the general garden area during the growing season. Preferably these hours will be completed in the context of Garden Work Days and Garden Gatherings.

4. No perennials, trees, or permanent garden structures are allowed in members’ plots. Perennials include: berries, asparagus, mint, rosemary, chives, oregano, and thyme. Tall crops should be planted where they will not shade neighboring plots. 

5. Gardeners must keep their plot clean and well maintained.

6. Gardeners will plant and maintain their plot throughout the season. If there has been no sign of activity by June 1st, your plot will be forfeited to the next person on the waiting list without refund. 

7. Plots and surrounding pathways must be kept free of weeds, invasive plants, rotting vegetation, lattice structures, and all other debris.

8. Gardeners must plant and keep all vegetation within their established plot. Vegetation growing outside the boundaries of a member’s plot may be trimmed by other members.

9. Plots should be cleaned and ready for the following growing season by the final garden work day, if the gardener does not pay for the plot for the next season. 

10. Gardeners must not interfere with other members’ plots.
    - Do not water another member’s plot unless they have expressly asked you to do so, even if it looks dry. 

    - Do not weed another member’s plot.

    - If you are concerned that a member is not adequately maintaining their plot, please contact the Garden Leadership Team. 

11. Non-chemical approaches to pest and weed management are preferred. These can include growing disease resistant cultivars, watering at the plant base, early detection, hand removal of pests (drown in soapy water), removal of dead and diseased tissues, and tool sanitation. The use of any herbicides or pesticides in the garden must be requested in writing.

12. Only the following approved non-plant items are allowed in individual plots: tomato cages, stakes, climbing trellises, small decorative pieces (< 1 ft in ht) and cloches. If you believe an exception should be made, please contact us.

13. The gate must remain closed at all times and locked upon leaving the garden. The last gardener to leave the garden must lock the gate. Do not share the lock key or code with anyone. 

14. Garden tools are available in the garden shed for gardeners to share. They are city property and may not be taken home. No personal tools may be stored in the shed.

15. Gardeners may only harvest from their own plots unless given permission by other gardeners.

16. The Community Garden’s water is only to be used on the plots. Water spigots must be securely turned off after every use and hoses wrapped & secured. 

17. Organic garden waste materials not used within the plot should be placed in the designated compost area. Plastic plant markers, wire, string, pots, or stakes must not be placed in the compost. Food scraps from home must not be added to the community garden compost pile.

18. All trash must be removed from the garden by the gardener.

19. All guests brought into the Community Garden are the responsibility of the gardener.

20. No plants considered contraband or invasive species under state or federal law are allowed within the Community Garden. This includes all plants in the mint family.

21. No alcohol, chewing tobacco, or smoking of any kind is allowed on the premises.

22. There will be no unauthorized discharging of firearms in the garden (per City ordinance O – 2021.03.24 – 002 and Statue 644:13). We request that firearms are not brought into the garden.

23. Pets are not permitted in the garden. 

24. Any disputes will be brought to the Garden Leadership Team for resolution.

25. If a gardener must abandon their garden plot for any reason, they must notify the Garden Leadership Team immediately.

26. Vandalism and other damage within the garden should be reported to the Garden Leadership Team as well as the Dover Police Department (603) 742-4646.

    Leadership Team Members: Lesley Atwood, Samantha Ricker, Jean Finnerty, Annie Macadam,, Ash Seelinger, and Jimmy Eldridge

    Contact Information: dover.growfood@gmail.com

GARDENER AGREEMENT

Garden Use, Waiver of Liability, Release, and Indemnification Agreement

 The Dover Community Garden Group (the “LICENSEES”) has a License Agreement with the landowner for the land, oversee the Dover Community Garden (the “GARDEN”) located at the top of Garrison Hill in Dover, NH, and administer the GARDEN Rules. This document is a legal contract between you and the LICENSEES.

1. TEMPORARY RIGHT TO GARDEN
   1.1 Plot: You have the temporary right to garden in the plot assigned to you (the “PLOT”) in the GARDEN. You may use the PLOT from April 1st to November 1st.
   1.2 No Refund: You will not get a refund or reimbursement for your expense, or any other payment if you decide not to garden or if the LICENSEES terminate your right to garden. You understand that only you and no one else, including your family, has any rights under this Agreement.
   1.3 Fee: You will pay an annual fee to use the PLOT.
   1.4 No Transfer: You cannot transfer your membership to anyone other than your immediate family unless the GARDEN Director gives permission in writing. Transferring membership to an immediate family member requires the family member to agree to and sign this waiver.
2. LIABILITY WAIVER, RELEASE, INDEMNIFICATION AND ACKNOWLEDGEMENTS
   2.1 Awareness of Risk: You understand that participating in the GARDEN has a risk of death or injury to yourself or your guests and damage to your personal property. The risks could be caused by you, other gardeners, the LICENSEES, or the owner of the property on which the GARDEN is located (referred to as “LANDOWNER”). The risk could also come from the condition of the land where the GARDEN is located, or the equipment and tools available at the GARDEN, or the weather or other environmental or local conditions. You also understand that hazardous conditions may exist at the GARDEN
   and that other gardeners may be unskilled.
   2.2 Assumption of Risk and Waiver and Release of Claims: In exchange for your right to participate in the GARDEN, you agree to take on the risk of harm even if the potential harm is caused by someone else (In legal terms, you agree to “assume the risk”). You also agree to give up (“waive”) any right you may have to sue or otherwise attempt to collect money from the LANDOWNER, LICENSEES, board members, volunteers, or anyone acting on their behalf (referred to altogether as “Released Parties”) for any losses or damages resulting from death, injury, or personal property damage to you, anyone else, or any personal property, that occurs while you or your guests are in the
   GARDEN. (In legal terms, you “waive and release all claims” against the Released Parties). You understand that the LICENSEES would not permit you to participate in the GARDEN without your agreeing to these waivers and releases.
   2.3 Medical Care Waiver: You give up any right to sue or otherwise attempt to collect money from (“waive and release any claim from”) the Release Parties arising out of any first aid, treatment, or medical services, including the lack of such or timing of such, given in connection with your participation in the GARDEN. You understand that you are not covered by or eligible for any insurance, health care, workers’ compensation, or any other benefits maintained by LICENSEES.
   2.4 Indemnification: You are responsible for any damages or losses suffered by the
   LICENSEES or LANDOWNER that are caused by you or your guests’ actions.
   2.5 Publicity: You agree to allow the LICENSEES or the LANDOWNER to use any
   photograph, interview, videotapes, film, other 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 guests’ 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 Gardener Agreement or GARDEN Rules: You confirm that you have read a copy of the GARDEN Rules and you will comply with them. If you fail to obey the Gardener Agreement or the GARDEN Rules, the LICENSEES can terminate your right to garden.
   3.2. Termination of Agreement: If the LANDOWNER terminates the LICENSEES’ License Agreement for the land where the GARDEN is located, you right to garden will end. The LICENSEES or LANDOWNER can terminate the LICENSEES’ License Agreement. We will notify you if the LICENSEES or LANDOWNER terminates the License Agreement.
   3.3. Termination of Lease: Upon termination of lease, the Gardener will not oppose, protest, or act unreasonably towards the future development, LICENSEES or LANDOWNER.
4. OTHER PROVISIONS
   4.1. Entire Agreement, Severability and Modification: If any part of this Gardener Agreement is ineffective, the remaining portions of the Gardener Agreement remain in effect. Any changes to this Agreement must be in writing and signed by you and the LICENSEES.
   4.2. Third-Party beneficiaries: You understand that this Gardener Agreement gives the LANDOWNER a right to enforce certain parts of this Gardener Agreement against you by going to court. (In legal terms, the LANDOWNER is an “express third-party beneficiary”). The LANDOWNER can enforce Section 2 and 3.2 of this Gardener Agreement.
   4.3. Notices: Notices and consents under this Gardener Agreement must be in writing and delivered by mail or courier to the addresses set out on the signature page on this Gardener Agreement. These addresses may be changed by written notice to the other party. Notices given in the manner provided by this Section 4.4 will be considered given10 business days after deposit in the mail.
   4.4. Counterparts: This Gardener Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which will be taken together and deemed to be one instrument. Transmission by email PDF of executed counterparts constitutes effective delivery.
5. The Gardener fully understands these agreements terms and conditions and has signed this Gardener Agreement under their own free will in a clear state of mind.