CMC Community Gardener Agreement 2024

By signing this Agreement you are agreeing to obey all Rules and Regulations described in this document, as well as any future spoken rules introduced by the Student Garden Committee and/or CMC faculty and Staff. Violation of any rules or regulations may result in immediate expulsion from the garden without refunding any plot fees paid by the offender. 

New Roots CO and CMC Faculty and Staff have complete authority to interpret the Rules and make decisions.

Each gardener should fill out their own waiver and application, even if sharing a plot.

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Email *
Name *
Email Address
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Address (optional)
Phone number
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Did you own a plot last year?
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Please list all plots (if any) you managed in the last growing season as indicated on the map below..
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Would you like to be considered for one of our newly constructed raised garden beds? (this will not guarantee access to a new bed)
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Community Garden Rules and Regulations:
  1. Assignment of Plots

    1. Each plot is assigned to a gardener or gardeners at the beginning of each season based on a first come first serve basis. Only one plot per household is allowed per plot, though any plot may belong to multiple households if desired. 

    2. Gardeners must pay plot fees for their plot before May 15 2024. Plot fees are $50 per year for older plots, and $100 per year for newly constructed raised beds. Payment of plot fees permits the use of an assigned plot for the duration of one growing season. Plot fees must be renewed annually. There will be no refunding plot fees for any reason.

    3. After payment of plot fees, gardeners reserved the first right of refusal when plots are up for renewal in the following year. Up until a designated date which will be designated by the garden committee annually.

    4. Multiple people may share a plot, and you may request the aid of other gardeners at each gardener's discretion. Vandalism and tampering with plots or theft of produce will not be tolerated. 

    5. Gardeners are responsible for “breaking down” and preparing their garden beds for winter before October 1, 2024.

  2. Operating Hours:

    1. The garden will be open daily from dawn until dusk every day (unless otherwise notified) from April 23, 2024 until October 1, 2024.

  3. Plot upkeep:

    1. Gardeners are expected to water, weed and maintain their plots and adjacent paths for the duration of the growing season. Gardeners must maintain the tidiness of their plot, prevent seeds from spreading to other plots, if any plot becomes a nuisance the garden committee reserves the right to interfere.

    2. Constructing trellises, hoops or other structures is permitted as long as they do not interfere with other gardeners and are not unsightly. 

    3. Gardeners who do not conduct proper upkeep will be given one week to address the garden management’s concerns.Gardeners may receive up to two warnings for unkempt plots. A third offense will result in removal from the garden.

  4. Organic Gardening

    1. Gardeners will garden organically. Gardeners will check with the Garden Lead before applying any fertilizers, pesticides, or herbicides, even if labeled “organic.” Use of compost, or organic mulch, and weeding is always acceptable.

  5. Tools

    1. Gardeners may bring their own tools into the Garden to use in their plots, but they cannot store any tools in the Garden. Gardeners are responsible for any damage caused by tools they bring into the Garden and so should use them with care. Gardeners may not use any power tools, such as those that require gasoline, batteries, or electricity.

  6. Involvement

    1. Gardeners are required to complete 8 hours of volunteer work each growing season. Volunteer work may include mowing, weeding, watering communal plots or participation in scheduled work days and project days. Please do not water other gardeners’ plots without their consent.

    2. Failure to contribute 8 hours of volunteer work will result in forfeiture of the right to renew your plot in the following year.
       

  7. General Rules

    1. No Smoking, Vaping or drug use of any kind within the garden or on CMC premises.

    2. Destruction of property or violence of any kind will result in immediate removal from the garden and referral to campus authorities.

    3. Cannabis and illegal plants are not permitted for growth in the garden.

    4. No stealing from produce or interfering with other garden beds.

    5. No dogs allowed inside the garden.

    6. Please stay on the distinguished walkways. No walking on the garden beds.

    7. Please throw away all trash and put all tools away before leaving the garden.

    8. Turn off all water spigots and reel up all garden hoses that are not in use.

Rules and Regulations may be subject to change.

E-Signature
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I have read this agreement and understand its terms and that I am giving up certain legal rights by signing it. I sign it freely and voluntarily.

Volunteer Liability Waiver and Agreement
New Roots CO (“Client”) is a nonprofit organization whose mission is to support healthy, sustainable food access through education, outreach and partnership.  Client regularly engages volunteers in its activities.  By signing below, I, the Volunteer (or the Volunteer’s legal guardian), agree that:


Policies and Safety Rules

For my safety and that of others, I will comply with Client’s volunteer policies, safety rules and other directions for all volunteer activities. I will supervise any child or other person for whom I am responsible. If I become aware of any hazardous condition or danger at a Client program site, I will alert Client. 


Awareness and Assumption of Risk

I understand that Client activities have inherent risks that may arise from the activities themselves, my own actions or inactions, or the actions or inactions of Client, its directors, officers, employees and agents, other volunteers, and others present at Client program sites. These risks may arise from: risks inherent in Client programs, including manual labor, gardening, harvesting and travel.  I assume full responsibility for any and all risks of bodily injury, death or property damage caused by or arising directly or indirectly from my presence at Client program sites or participation in Client activities, regardless of the cause.


Waiver and Release of Claims

In consideration for my participation in Client programs, I waive and release any and all claims against: Client; the owner(s) of premises on which Client programs take place (collectively, “Landowners”); and Client’s and Landowners’ directors, officers, agents, employees, volunteers and affiliates (collectively, the “Released Parties”), for any liability, loss, damages, claims, expenses and attorneys’ fees resulting from death, or injury to my person or property, caused by or arising directly or indirectly from my presence at a Client program site or participation in Clien tactivities, regardless of the cause and even if caused by negligence, whether passive or active. I agree not to sue any of the Released Parties on the basis of these waived and released claims. I waive the protections of Section 1542 of the California Civil Code, which provides that a general release does not extend to certain claims not known to me at the time I signed this waiver and release. 


Medical Care Consent and Waiver

I authorize Client to provide me first aid and, through medical personnel of its choice, medical assistance, transportation and emergency medical services. This consent does not impose a duty upon Client to provide such assistance, transportation, or services. In addition, I waive and release any claims against the Released Parties arising out of any first aid, treatment or medical service, including the lack or timing of such, made in connection with my volunteer activities with Client. 


Indemnification

I will defend, indemnify and hold the Released Parties harmless from and against any and all liability, loss, damages, claims and attorney’s fees that may be suffered by any Released Party resulting directly or indirectly from my Client volunteer activities or presence and Client program sites, except and only to the extent the liability is caused by the gross negligence or willful misconduct of the relevant Released Party.

 

Confidentiality

As a volunteer, I may have access to confidential information. At all times during and after my participation, I agree to hold any such confidential information in confidence and not disclose or use it except as required in my Client volunteer activities or as Client’s executive director expressly authorizes in writing. 


Assignment of Work Product

If I prepare any work product for Client, I intend for Client to have full and exclusive rights to such work product, including brochures, reports, websites, software, presentations, or other materials I create or help to create for Client, and any intellectual property rights in or derivatives of such work product.Accordingly, I: (a) assign to Client all rights, title, and interest worldwide in the work product; (b) grant to Client an irrevocable, exclusive, royalty-free, perpetual, and worldwide license to any rights in the work product that cannot be assigned to Client; and (c) waive enforcement against Client of any rights in the work product that cannot be assigned or licensed to Client. 


Publicity

I consent to the use by Client of my image, voice, name and/or story in any format, including video, print, or electronic(collectively, the “Materials”), as Client may deem appropriate to promote its programs. Client may make the Materials available at its discretion to third parties, on Client’s website, in Client’s publications, or through any other media, including social networking websites. I waive any right to inspect or approve the finished product or to receive any payment. I grant to Client all copyrights in the Materials and waive any legal claims, including those relating to copyright, or rights of publicity or privacy.


Volunteer Not an Employee

I understand that (i) I am not an employee of Client, (ii) that I will not be paid for my participation, and (iii) I am not covered by or eligible for any Client insurance, health care, worker’s compensation, or other benefits. I may choose at any time not to participate in an activity, or to stop my participation entirely, with Client. 


General Provisions

I understand that this agreement will be binding for the duration of my involvement with Client’s programs. This is the final, complete, and exclusive agreement between Client and me, and supersedes all prior or contemporaneous communications or understandings, either oral or written. This agreement will be binding to the fullest extent permitted by law. If any provision of this agreement is found to be illegal, invalid or unenforceable, the remaining terms will be effective.

E-Signature
*

I have read this agreement and understand its terms and that I am giving up certain legal rights by signing it. I sign it freely and voluntarily.

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