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.

TEMPORARY RIGHT TO GARDEN

1.1 Plot: You have the temporary right to garden in the Plot your are assigned to. You may use the Plot for the duration of the agreed upon timeframe. Your immediate family members may garden with you as regular guests, and others can garden with you as one-time guests.

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, even if you spend a lot of time and money on the garden. You understand that only you and no one else, including your family, has any rights under this Agreement.

1.3 Fee: You agree to pay a fee to use the Plot, as agreed upon. An annual fee will be due upon renewal, if eligible. You acknowledge that this fee may be subject to change in the future. If alternative sponsorships are arranged, the membership fee may not be required.

1.4 No Transfers: You cannot let anyone other than your immediate family garden here unaccompanied unless we give our agreement in writing.

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 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.

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, 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 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 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.

2.4 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.)

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.

OTHER PROVISIONS

4.1 Entire Agreement, Severability and Modification: If any part of this Agreement 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.

Turlock Community Gardens (TCG) has plots available for any community member to lease. There is a $180 annual fee for each space. We at Turlock Community Gardens desire this shared communal space to serve as a hub of diversity that fosters sustainable gardening practices and enhanced community relationships. In order to make this a safe and welcoming place for all people, gardeners must adhere to the following regulations: 

A. Plot rental and renewal

Rental: All gardeners are required to complete a Gardener’s agreement form and pay an annual fee of $180 or other agreed upon amount. Plot rentals are renewed annually on January 1. If a new member joins outside of this window the cost of the plot will be based on the number of weeks remaining in the year. One plot is allowed per individual, family, or group. No gardening by proxy. While sponsorships for individual garden plots are allowed, plots are to be worked by the person/persons named in the contract. If you decide to give up or not renew your plot, clear the plot of all plants and materials, especially weeds, by the day your rental period ends. If you do not clear your plot, a cleanup fee may be charged.

B. Garden Access

Garden hours: The garden is open year-round, each day from dawn to dusk.

Keys and Security: Each gardener will be provided the code to access the garden tools in the shed/storage cabinet. Gardeners are responsible for locking up after themselves.

C. Garden Plots

Use of own plot: Gardeners are solely responsible for the planting and maintenance of their plots and keeping the pathways around them clear of plants, produce, and trash. Planting must be confined to individual plots.

Structures: No borders over 2 feet high are allowed around the individual garden plots. 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. 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.

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.

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. See “G. Eviction” for warning and timeline information.

D. Common Areas and Responsibilities

Common Tools: Gardeners may use common tools provided by the garden, but must return them to their storage place in the same condition they were taken. The garden is not responsible for injury from common garden tools.

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: Please, no unleashed dogs in the gardens! Pets must be leashed at all times, and no aggressive pets will be allowed in the garden.

Garden Work Days: All gardeners are encouraged to participate in four Garden Work Days per year, where they contribute to cleaning and maintaining the garden. TCG will organize these sessions.

Church events: On rare occasions, Cornerstone Covenant Church may have events that will temporarily block access to the garden for no more than 12 hours. Notices will be posted (or via email) to alert gardeners prior to these events.

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.

Extra produce: Please share extra produce! The board will communicate sharing opportunities as is appropriate from time to time.

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

F. 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.

Dispute resolution: Gardeners will go to the Board of Directors with any disputes about the garden or with fellow gardeners. Board members have the power to hear these disputes and will resolve them in the best interest of the garden.

G. Eviction

Eviction process: If a gardener violates any of the rules above, including their plot being apparently abandoned for two months or more, or violates any terms of their rental agreement, the gardener will be informed of the violation by email, phone call, or in person.. The gardener will have two weeks to correct the violation before a second warning is given. If the violation is not corrected within two weeks of the second warning, the TCG board or membership coordinator may, at its discretion, terminate the gardener’s rental agreement and reassign the plot to a new gardener After termination, the gardener will have two weeks to harvest and clean up the plot.

Immediate eviction: Gardeners may lose their rights to participate in the garden immediately if they in any way threaten or endanger other gardeners, TCG, the landowner, neighbors, or any other individual; grow illegal plants or use illegal drugs in the garden; steal from the garden, other gardeners, or the landowners; or commit any crime on the property. The Board of Directors or garden membership coordinator may immediately terminate a gardener’s right to participate in the garden for other reasons at its discretion. If that occurs, the gardener must leave the garden by the end of garden hours on the termination day and may not re-enter without TCG’s or its membership coordinator’s permission.

Eviction by landowner: If the Board of Directors has failed to uphold the garden rules, the landowner may also give notice of violation to a gardener, and evict a gardener either immediately or give two weeks’ notice, as described in the above guidelines.