Wavier and Release of Liability:
I, the undersigned participant, exercising my own free choice to participate voluntarily in the Niagara Community Garden at 2424 E. Niagara Road, and promising to take due care during such participation, hereby acknowledge that I have been informed of the nature of the activities and that I am aware of the hazards and risks which may be associated with my participation in the above‐named activities, including the risks of bodily injury, death or damage to property which may occur from known or unknown causes. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, equipment, and actions of other people, including but not limited to, participants, volunteers, and the City of Montrose and its officers, agents, employees, and any other persons or entities acting on its behalf. I hereby assume all the risks of participation in the Niagara Community Garden at 2424 E. Niagara Road. I realize that liability may arise from negligence or carelessness on the part of the person or entities being released, from dangerous or defective equipment, property, or facilities owned, maintained, or controlled by them or because of their possible liability without fault. I acknowledge that this Waiver and Release of Liability will be used by the City of Montrose and that it will govern my actions and responsibilities while at the Niagara Community Garden at 2424 E. Niagara Road.
In consideration of my application and permitting me to participate in the Niagara Community Garden at 2424 E. Niagara Road, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows: 1) Waive, release and discharge from any and all liability for my death, disability, personal injury, property damage, property theft or action of any kind which may hereafter accrue to me while participating in the Niagara Community Garden at 2424 E. Niagara Road, the City of Montrose and associated entities. 2). Indemnify and hold harmless the City of Montrose and its officers, agents, employees, and any other persons or entities acting on their behalf, and their successors and assigns from any and all liabilities or claims made by any other individuals or entities as a result of my, or, actions during participation in the Niagara Community Garden at 2424 E. Niagara Road.