Application and Waiver (2011)

Chatfield Community Garden at St. Gregory’s
2011 Application and Waiver

I am applying to participate in the gardening and other activities sponsored and coordinated by the Chatfield Community Garden at St. Gregory’s, 6653 W. Chatfield Avenue, Littleton, CO 80128 (“CCGG”). Below are my name, address, and contact information.

Name:

Address:

City:

Phone Number(s):

Email:

County:

Zip:

In consideration of my being allowed to participate, and participating, in the gardening and other activities sponsored and coordinated by the CGSG, I acknowledge and agree to the following:

Gardener Authorization & Responsibilities

1. I will perform volunteer tasks such as weeding common areas, caring for community plantings and areas, caring for gardening tools, etc. by providing a minimum of __ hours per month to the community garden. Failure to contribute the minimum number of hours may result in the loss of gardening privileges.

2. I will submit dues for the 2011 gardening season totaling $_______ for each plot. (No dues are required to garden communal plots the proceeds of which are donated to local area food banks.)

3. If for any reason I cannot care for my garden, I will notify the Garden Leader or Steering Committee and make arrangements with other gardeners to water and maintain my plot during my absence. If my garden appears neglected or abandoned (unwatered and/or overrun with weeds), I understand I will be given 10 days’ notice to maintain my plot. After this time, my plot will be re-assigned.

4. I must remain on the premises while my garden is being watered and must not allow excess water to drain onto adjacent plots or land. I will follow the water restrictions and water conservation measures published by the CCGG or the Steering Committee.

5. I will not use non-organic pesticides, herbicides or fertilizers.

6. I will help to maintain common areas and furnishings, fencing, trees, trash receptacles, compost bins, street and alley right-of-way, and water lines.

7. I must have my plot(s) planted by June 15, 2011 or I forfeit my right to garden the plot(s) and it (they) will be re-assigned.

8. I am responsible for clearing and tilling my plot(s) before the close of the season. All dead plants, weeds, trash, tools, sticks and cages must be removed by November 1, 2011.

9. I will comply with the CCGG Maintenance Guidelines as they may be changed from time to time.

Waiver & Release

1. I desire to participate voluntarily in the gardening and other activities sponsored and coordinated by CCGG on land owned by The Parish of St. Gregory (Episcopal).

2. I understand, accept, and assume the risks associated with participation in any and all activities. I also assume the responsibility of conducting myself in a civil manner which is mutually beneficial to all participants. Unacceptable conduct generally includes, but is not limited to, vegetable theft, damaging or destroying another’s plants, tool theft, profanity, and any offensive behavior.

3. I assume full responsibility for any injuries which may occur to me, as well as the safety of my family and guests, and, to the fullest extent permitted by applicable law, do hereby foreverdischarge and release The Parish of St. Gregory (Episcopal), the CCGG organization, the Garden Leader, the Steering Committee, Denver Urban Gardens, and their respective employees, members, vestry members, rector, officers, authorized volunteers, representatives, consultants, insurers and sureties, and their successors and assigns (collectively, the “Released Parties”) from all Claims.

“Claims” mean any and all claims, demands, damages, rights of action, and causes of action,present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of my presence or the presence of my family members and guests at the CCGG, my or my family members’ or guests’ activities at the CCGG, the use or intended use of the garden, and/or participation in activities connected with CCGG including, without limitation, any of the foregoing resulting from or arising out of the negligence of a Released Party. Further, to the fullest extent permitted by applicable law, I hereby waive any and all Claims I may have against a Released Party.

4. I expressly acknowledge that participation in the CCGG is for my purposes and convenience and not for the purpose or convenience of any one or more of the Released Parties.

5. If a dispute arises between me and another gardener or between me and the Garden Leader or Steering Committee, and a resolution of the dispute cannot be reached among these parties, I agree to have Denver Urban Gardens (“DUG”) act as the arbitrator of the dispute, and I further agree to adhere to DUG’s decision as final.

6. The laws of the State of Colorado (excluding principles of conflicts of laws) govern all matters arising out of or relating to this Application and Waiver, including, without limitation, its construction, interpretation, performance and enforcement.

Signature:

I have read, and I understand and agree to the above terms and conditions.

Signature:

(Parent or Legal Guardian if Applicant is a Minor)

Printed Name:

Date: