CITY OF HOLLYWOOD COMMUNITY GARDEN
WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT

In consideration for being granted permission to participate in the above-referenced Community Garden (the “Community Garden”), I, the undersigned, hereby agree for myself and for my personal representatives, heirs and next of kin:

1. To release, waive and discharge the City of Hollywood, and its commissioners, departments, boards, officers, agents, employees, representatives, contractors or subcontractors, or their employees (herein referred to collectively as “City”), from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorney’s fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my participation in the Community Garden, whether caused by the City’s active or passive negligence or otherwise. I understand that this release extends to claims that I do not know or do not expect to exist at the time of the signing of this release.

2. To protect, hold free and harmless, defend and indemnify the City from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims or judgments (including attorney’s fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my participation in the Community Garden, whether causes by the City’s active or passive negligence or otherwise. This indemnity shall include, without limitation, reasonable attorneys’, experts’ and consultants’ fees, investigation costs, and all other reasonable costs incurred by the City.

3. To assume full responsibility for and risk of bodily injury or property damage incurred by myself arising either directly or indirectly from participation in the Community Garden, from any cause whatsoever, whether caused by City’s active or passive negligence or otherwise.

4. That neither City nor any of its commissioners, departments, boards, officers, agents or employees shall be liable for any damage to any property owned by me, or my agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the Community Garden or its use by me.

5. Expressly acknowledge that the permission granted hereunder is freely revocable by City and in view of such fact, I expressly assume the risk of making any expenditures in connection with this permission, even if such expenditures are substantial. Without limiting any indemnification obligations of myself or other waivers contained in this permission and as a material part of the consideration for this permission, I fully RELEASE, WAIVE AND DISCHARGE forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissioners, officers, directors and employees, and all persons acting by, through, or under each of them, under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the event that City exercises its right to revoke or terminate this permission.

6. Expressly acknowledge and agree that the permission granted hereunder does not take into account any potential liability of City for any consequential or incidental damages including, but not limited to, any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind arising out of disruption to my uses hereunder. City would not be willing to give this permission in the absence of a complete waiver of liability for consequential or incidental damages due to the acts or omissions of City or its officers, agents, employees, contractors or subcontractors (collectively “Agents”), and I expressly assume the risk with respect thereto. Accordingly, without limiting any indemnification obligations of myself or other waivers contained herein and as a material part of the consideration for this permission, I fully RELEASE, WAIVE AND DISCHARGE forever any and all claims, demands, rights, and causes of action against, for consequential and incidental damages (including without limitation, losses arising out of disruption to my uses) and covenants not to sue for such damages, City, its departments, commissioners, officers, directors and employees, and all persons acting by, through or under each of them, arising out of my participation in the Community Garden, the permission granted by City, or the uses authorized hereunder, including, without limitation,, any interference with uses conducted by me pursuant to this permission, regardless of the cause, and whether or not due to the negligence of City and its Agents, except for the gross negligence or willful misconduct of City or its Agents.

Signature:__________________________ Date:_______________________

Gardener Information:

Parent/Guardian if minor
Name(print):____________________________________________________
Address: ______________________________________________________
E-Mail: ________________________________________________________
Telephone: (Day) ________________ (Evening)________________________

Emergency Contact Information:

Name: _________________________________Relationship_________________
Telephone: (Day) __________________(Evening) _________________________

For File:

Garden Manager: _______________________Date _______________________