Garden Use, Waiver of Liability, Release and Indemnification

Welcome to the Orchard Ridge Community Garden (the "Garden" Orchard Ridge Residential Master Association, Inc. (the "Association"), is a non-profit corporation that manages the Garden as part of carrying out its mission in accordance with that certain Orchard Ridge Master Covenant [Residential], recorded in the Official Public Records of Williamson County, Texas, and any amendments or supplements thereto. This document is a legal contract between Gardener and the Association.

1.1 Membership. Gardener must be a member of the Association, unless otherwise approved by the Board of Directors of the Association.

1.2 Bed. Gardener will have a temporary license to garden in bed (the "Bed") in the Garden. Gardener's immediate family members may garden with Gardener as Gardener's guests. Gardener may use the Bed for a period of one (1) year from the date that Gardener and the Association execute this Gardener's License Agreement, as provided in Section 3.1 hereof.

Bed Size(s):

Medium Bed (8' x 4'); or,

Large Bed (16' x 4').

1.3 No Refund. Gardener understands that Gardener will not get a refund or reimbursement for its expenses, or any other payment if Gardener decides not to garden or if the Association terminates Gardener's right to garden, even if Gardener invests time and money on the garden. Gardener understands that only Gardener and no one else, including Gardener's family, has any rights under this Gardener's License Agreement.

1.4 Fee. When Gardener signs this document, Gardener will pay a fee of Twenty-Five and No/100 Dollars ($25.00) for a Small Bed; Fifty and No/100 Dollars ($50.00) for a Medium Bed; and/or Seventy-Five and No/100 Dollars ($75.00) for a Large Bed. Gardener understands that the Association may increase the fees in future years. The Board of Directors of the Association has the authority to waive fees for non-profit or Association purposes. Please contact the Association management company for further details.

1.5 No Transfers. Gardener cannot let anyone other than Gardener's immediate family garden the Bed unless the Association provides consent to the transfer in writing.

2.1 Awareness of Risk. Gardener understands that participating in the Garden has a risk of death or injury to Gardener or Gardener's guests and damage to Gardener's personal property. The risks could be caused by Gardener, other gardeners, the Association, or the owner of the property on which the Garden is located (referred to as "Landowner" The risks could also come fromthe 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. Gardener also understands 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 GARDENER'S RIGHT TO PARTICIPATE IN THE GARDEN, GARDENER AGREES TO TAKE ON THE RISK OF HARM EVEN IF THE POTENTIAL HARM IS CAUSED BY SOMEONE ELSE. GARDENER ALSO AGREES TO WAIVE ANY RIGHT GARDENER MAY HAVE TO SUE OR OTHERWISE ATTEMPT TO COLLECT MONEY FROM THE LANDOWNER, ASSOCIATION, 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 GARDENER, ANYONE ELSE, OR ANY PROPERTY, THAT OCCURS WHILE GARDENER OR GARDENER'S GUESTS ARE IN THE GARDEN. GARDENER UNDERSTANDS THAT THE ASSOCIATION WOULD NOT PERMIT GARDENER TO PARTICIPATE IN THE GARDEN WITHOUT GARDENER AGREEING TO THESE WAIVERS AND RELEASES.

2.3 Medical Care Waiver. Gardener hereby waives any right to sue and release any claim against 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 Gardener's participation in the Garden. Gardener understand that Gardener is not covered by or eligible for any insurance, health care, workers' compensation, or any other benefits maintained by Association.

2.4 Indemnification. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GARDENER DOES HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, INJURIES, LOSSES, CAUSES OF ACTION, SUITS, JUDGMENTS, PENALTIES, DEBTS, COSTS AND EXPENSES, INCLUDING COURT COSTS AND ATTORNEY'S FEES OF ANY NATURE OR KIND OR DESCRIPTION, WHETHER ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, MISREPRESENTATION, VIOLATIONS OF APPLICABLE LAW, AND/OR ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INJURIES TO OR DEATH OF ANY PERSON, OR DAMAGES TO OR LOSS OF ANY PROPERTY) OF ANY PERSON, OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, CAUSED BY, IN CONNECTION WITH, OR RESULTING FROM THE ACTIONS OR OMISSIONS OF GARDENER OR GARDENER'S GUESTS, REGARDLESS OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF THE RELEASED PARTIES.

2.5 Publicity. Gardener agrees to allow Gardener or the Landowner to use any photographs, interviews, videotapes, film, other visual or auditory recordings, or any other medium, including the internet, of Gardener or Gardener's guests that the Association or others may create in connection with Gardener or Gardener's guest's participation in the Garden. Gardener agrees that Gardener does not have to inspect or approve the finished project and Gardener is not entitled to any compensation for the finished product.

3.1 Automatic Termination. This Gardener's License Agreement and Gardener's rights hereunder will automatically terminate on the date that is one (1) year after the date Gardener and the Association have executed this Gardener's License Agreement.

3.2 Failure to Comply with Agreement or Garden Rules. Gardener confirms that Gardener has read a copy of the Garden Rules attached hereto as Addendum "1" and Gardener will comply with the same. If Gardener fails to obey the Gardener's License Agreement or the Garden Rules, the Association can terminate Gardener's rights under this Gardener's License Agreement.

3.3 Termination by Gardener. Gardener may terminate this Gardener's License Agreement without cause with thirty (30) days advanced written notice to the Association. Gardener agrees to comply with the terms of this Gardener's License Agreement, including the payment of all fees due to the Association, if any, before the termination will become effective.

4.1 Entire Agreement, Severability and Modification. If any part of this Gardener's License Agreement is ineffective, the remaining portions of the Gardener's License Agreement remain in effect. Any changes to this Gardener's License Agreement will be in writing and signed by Gardener and the Association.

[Signatures Appear on the Following Page.]

ORCHARD RIDGE RESIDENTIAL MASTER

a Texas non-profit corporation

ADDENDUM "1"

ORCHARD RIDGE RESIDENTIAL MASTER COMMUNITY, INC.

COMMUNITY GARDEN RULES

This document sets out the rules (the "Garden Rules") that govern the Orchard Ridge Community Garden (the "Garden" The Orchard Ridge Residential Master Community, Inc. (the "Association") leases each bed in the Garden and administers the Garden Rules. These Garden Rules have been provided to each person who leases a bed in the Garden from the Association (each, a "Gardener") pursuant to an agreement with the Association (the "Gardener's License Agreement" The Association reserves the right to make future modifications to the Garden Rules, without advanced notice. The Association will provide all Gardeners with a copy of the current Garden Rules and will post a copy of the current Garden Rules at the Garden. Gardeners are encouraged to promptly report any concerns about the safety of the Garden or any possible violations of the Garden Rules to the Association.

SEASON: The Garden is open and accessible all year.

HOURS: The Garden will be open to Gardeners between dawn to dusk daily.

RELEASE: Each Gardener must complete a Release of all Claims form before any work in the garden can begin and must attend an Orchard Ridge Community Garden orientation to become familiar with how the Garden functions and their responsibilities are as a Gardener.

USE: Gardeners may only use the bed(s) assigned to them by the Association under their Gardener's License Agreement. Gardeners will trim any plants that extend into neighboring beds or into common areas. Gardeners may not alter the dimensions or appearance of their bed(s

ASSIGNMENT: No Gardener may assign or transfer the Gardener's License Agreement. If a Gardener chooses to terminate the Gardener's License Agreement, the Association shall have the right to reassign the Gardener's bed.

UPKEEP: Each Gardener is responsible for the maintenance and upkeep their own bed(s), including providing their own seeds, plants, fertilizer and any tools not provided by the Association or Gardeners collectively.

PLANTING: Gardeners may plant vegetables, fruits, and flowers. No trees, large cacti, or illegal plants may be planted. Gardeners may not maintain plantings or plant-supporting structures that impede the security of the Garden or impede adjacent Gardeners' access to sunlight by the nature of their height, material or density. No invasive plant species are allowed.

STRUCTURES: No permanent structures may be placed on the bed. Temporary structures should not shade a neighbor's bed.

LITTER: Each Gardener is responsible for disposal of trash. Do not place any trash in common areas, roadways, or in beds. The entire Garden, including all common areas and beds, are to be kept free of litter, including boxes, cans, buckets, baskets, and containers of any kind not in actual usage as part of gardening activity.

TOOLS: The Association may provide tools available for check out at the amenity center on a first-come, first-serve basis (the "Common Tools" Gardeners will return the Common Tools to the amenity center when not in use. Gardeners may bring their own tools into the Garden to use in their beds, but no personal tools may be stored in the Garden.Gardeners are responsible for any damage caused by tools they bring into the Gardenand should use them with care. Gardeners may not use any power tools, such as thosethat require gasoline, batteries or electricity.

WATERING: Hoses in use on the site belong to the Association. Watering systems that operateindependently from above ground faucets (e.g., systems on timers) are not permitted,unless installed by the Declarant or the Association Water restrictions and waterconservation measures are to be followed. Gardeners must remain in the Garden whilewatering with hoses and keep water from running off of their bed(s).

CLEAN-UP: Gardeners will perform a yearly clean-up of their beds at the end of the term of theirGardener’s License Agreement.

COMPOST: Gardeners will place any organic waste, such as weeds, dead plants or rotten produce inthe compost pile designated by the Association.PROPERTY: Gardeners may not keep any personal property on their bed(s) or in the Garden whenthey are not in the Garden. If Gardeners leave personal property on their bed(s) aftertermination of their participation in the Garden, Association may keep and dispose of theabandoned property.

GUESTS: Gardeners are encouraged to bring guests, including children, into the Garden, providedthat the guests comply with the Garden Rules. All children under 12 must be underadult supervision at all times. Gardeners will be responsible for the conduct of childrenand their guests, including making sure that they do not damage or interfere withactivities on other beds or otherwise engage in inappropriate conduct. Guest violationsof these Garden Rules are treated as violations by the Gardener.

PETS: Gardeners may not bring any pets or animals into the Garden, including for burial.

FIRES: Gardeners may not start or maintain a campfire, burn weeds, use a grill, or cook in theGarden.MUSIC: Gardeners may not play music unless headphones are used. The Association may playmusic for Association sponsored events.

NO SALES: The Garden is for personal, noncommercial use only; Gardeners may not sell anyproduce or flowers grown in the Garden, unless otherwise approved by the Board ofDirectors of the Association.LAW: Gardeners must comply with all applicable local, state, and federal laws.

FIREARMS: Gardeners may not carry, use or store firearms in the Garden.

PROHIBITED: The Garden is designated for gardening or Association-sponsored activities only. Blackplastic mulches and rubber mulches are prohibited.. (Please note: The application of non-organic/natural chemical insecticides, pesticides, herbicides (weed killers), fungicides, or weedrepellants may be used in the Garden).

APPROVED PRODUCTS: The Association will provide a list of approved products that may be used inthe beds.

TOBACCO: Smoking, chewing tobacco, and e-cigarettes are prohibited in the Garden.

NO ALCOHOL OR ILLEGAL SUBSTANCES MAY BE CONSUMED ON THE ENTIRE SITE.GARDENERS MAY NOT BRING ALCOHOL OR ILLEGAL SUBSTANCES ONTO GARDEN PREMISES.GARDENERS MAY NOT COME INTO THE GARDEN WHILE UNDER THE INFLUENCE OFALCOHOL OR ILLEGAL SUBSTANCES. NO ILLEGAL SUBSTANCES MAY BE GROWN IN THEGARDEN. NOTWITHSTANDING THE FOREGOING, THE ASSOCIATION MAY ALLOW ALCOHOLCONSUMPTION IN THE GARDENS DURING COMMUNITY SPONSORED EVENTS.

Gardeners may lose their rights to participate in the Garden if they fail to comply with these GardenRules. The Association may also provide written notice to the Gardener of its failure to comply with anyof the Garden Rules (the “Violation Notice”), in which event the Gardener will have five (5) days tocorrect the violation listed in the Violation Notice. If the violation is not corrected to the Association’ssatisfaction with in five (5) days after the Association delivers the Violation Notice, the Association may,at its discretion, terminate the Gardener’s right to participate in the Garden.

NOTWITHSTANDING THE FOREGOING, THE ASSOCIATION MAY, AT ITS DISCRETION,IMMEDIATELY TERMINATE THE GARDENER’S LICENSE AGREEMENT FOR ANY VIOLATIONOF APPLICABLE LOCAL, STATE, AND FEDERAL LAWS OR ENDANGERING OTHERGARDENERS, BY PROVIDING WRITTEN NOTICE TO THE GARDENER.

The Association will not discriminate on the basis of race, color, national origin, religion, sex, disability,age, medical condition, ancestry, marital status, citizenship, sexual orientation, gender identity, or statusas a veteran.

THE BOARD OF DIRECTORS OF ORCHARD RIDGE RESIDENTIAL MASTER COMMUNITY,INC. IS NOT RESPONSIBLE FOR ANY INJURY OR PROPERTY DAMAGE INCURRED BY AGARDENER OR A GARDENER’S GUEST OR FOR THE THEFT, LOSS, DAMAGE ORDESTRUCTION OF PERSONAL PROPERTY.

 

If available, upload physical copy of Gardener's License Agreement below.