Waiver and Liability Release

Welcome to Turlock Community Gardens. Turlock Community Gardens, called “Sponsor” or “we” in this document, is a nonprofit organization that sponsors and manages the Garden as part of carrying out its mission. This document is a legal contract between you and the Sponsor.

1.LIABILITY WAIVER, RELEASE, INDEMNIFICATION AND ACKNOWLEDGEMENTS

1.1 Awareness of Risk: You understand that volunteering 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 Sponsor, or the owner of the property on which the Garden is located (referred to as “Landholder.”) The risks 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.

1.2 Assumption of Risk and Waiver and Release of Claims: In exchange for your right to volunteer 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, Sponsor, their board members, employees, volunteers, or anyone acting on their behalf (referred to altogether as “Released Parties”) for any losses or damages resulting from death, injury, or property damage to you, anyone else, or any 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 Sponsor would not permit you to volunteer in the Garden without your agreeing to these waivers and releases.

1.3 Medical Care Waiver: You give up any right to sue or otherwise attempt to collect money from (“waive and release any claim from”) the Released Parties arising out of any first aid, treatment, or medical service, 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 Sponsor.

1.4 Indemnification. You are responsible for any damages or losses suffered by the Sponsor that are caused by your or your guests’ actions. (In legal terms, you agree to indemnify and hold the Released Parties harmless.)

Water: All plots have a drip irrigation system, controlled automatically by timer to ensure adequate, equitable, and frugal use of water. The Board of Directors controls the system, sets the timer, and pays the water bill. There are also five spigots with hoses in the garden.

Please, be careful not to drag hoses across other garden plots, and always wind up the hose when you’re finished. Be mindful of water use and do not overwater; especially avoid flooding pathways as that just waters weeds.

Do not leave a hose running unattended. Any hose that comes to the garden is considered property of the garden and may be used by other gardens.

Structures: Gardeners should not maintain plant supporting structures that are over 5’ high in order to maintain the security of the garden and other gardeners’ access to sunlight.

Drip irrigation: The drip irrigation system equipment will be provided by the Board of Directors. However, gardeners will be responsible for the cost of repair and replacement if parts disappear or are damaged from their plot.

Organic methods: For pest control, first try to hand remove or wash insects off plants. Only organic pesticides are allowed. Be very careful with any pesticide and don’t let any of it drift onto neighboring gardens. Also keep in mind that even organic pesticides can be toxic to beneficial insects such as bees. Always check with other gardeners or the garden committee if you need help or resources.

Plantings: Only legal vegetables, fruits, herbs and flowers may be grown in the garden. Do not plant trees or other hard-to-remove plants.

No marijuana, poppies, or other drugs (or other regulated agricultural products) may be planted. In addition, no plants that have a high likelihood of causing a severe allergic reaction (peanuts, etc.) are allowed.

Compost: Gardeners may place any organic waste such as weeds, dead plants, or rotten produce in the compost pile. See the composting information sheet or a member of the Board of Directors for more composting information and resources. No meat or trash is allowed in the compost piles.

Tools: Gardeners may bring their own tools into the garden to use in their plots, but Turlock Community Garden is not responsible for the loss of these tools. Gardeners are responsible for any damage or injury caused by tools they use.

Personal property: If gardeners leave personal property on their plots after the termination of their participation in the garden, it becomes property of Turlock Community Gardens.

Common Areas and Responsibilities
Abandoned plots: If a garden plot has been unused or overgrown with weeds for more than two months, the Board of Directors or garden membership coordinator may, at its discretion void the gardener’s rental agreement and reassign the plot to a new gardener. 

Maintenance and trash: Gardeners will keep clean and neat any common areas, such as pathways and storage sheds. Trash and recyclables should be put in the appropriate places whenever encountered. If there is vandalism, storm damage, or other damage to the garden, all gardeners are expected to help in cleaning up and restoring the garden to its prior condition, but TCG will bear the cost of the repairs.

Pets: No pets are allowed in the garden with the exception of certified service animals. 

E. Gardener Conduct

DO NOT PICK IN OTHER SPACES WITHOUT PERMISSION.

Smoking, alcohol, chewing tobacco and drug use are not allowed in the garden.
Good neighbor policy: Gardeners are expected to be good neighbors to the surrounding community.

Please avoid playing music or using inappropriate language while working in the garden.

Hate speech is not allowed in the garden or any flags or symbols of hate groups as defined by the Southern Poverty Law Center https://www.splcenter.org/hate-map

Communication Garden Management: The garden is managed by a Board of Directors, which will maintain communication with gardeners. Board members will not use any personal information from any gardener application for any use other than the garden.

Decision Making: Gardeners are encouraged to give input into the running of the garden; however, final decision-making responsibility lies with the Garden Board of Directors.