THIS LIABILITY RELEASE AND EXPRESS ASSUMPTION OF RISK
is made by and between Julia’s Memorial Community Garden (Mississippi Community Housing Development Organization),
In return for joining a class, volunteering or visiting Julia’s Memorial Community Garden today, and all future days, of property, facilities, and services of Julia’s Memorial Community Garden, the Participant, his heirs, assigns and legal representatives, hereby expressly agree to the following:
Participant understands there are INHERENT RISKS in and around farm activities.
PARTICIPANT EXPRESSLY ASSUMES RESPONSIBILITY FOR ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OF OR PRESENCE UPON JULIA’S MEMORIAL COMMUNITY GARDEN’S PROPERY OR FACILITIES
Participant agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, materials or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
Participant agrees to abide by all of Julia’s Memorial Community Garden’s rules and regulations.
This contract is non-assignable and non-transferable and is made and entered into in the State of Texas and shall be enforced and interpreted under the laws of this state. Should any clause be in conflict with State Law, then that clause is null and void.
WARNING: UNDER TEXAS LAW, A FARM ACTIVITY SPONSOR OR FARM PROFESSIONAL IS NOT LIABLE FOR INJURY TO, OR THE DEATH OF, A PARTICPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF FARMING ACTIVITIES
When the Julia’s Memorial Community Garden Representative and Participant (and Participant’s parent or guardian) sign this contract, it will then be binding.
Coronavirus / General Illness Waiver
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Julia’s Memorial Community Garden (Mississippi Community Housing Organization). has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Julia’s Memorial Community Garden (Mississippi Community Housing Organization) cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other visitors and their families.
I voluntarily seek services provided by Julia’s Memorial Community Garden (Mississippi Community Housing Organization) and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while visiting the garden.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Julia’s Memorial Community Garden (Mississippi Community Housing Organization) harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act by the garden, or that may otherwise arise in any way in connection with any services received from Julia’s Memorial Community Garden (Mississippi Community Housing Organization). I understand that this release discharges Julia’s Memorial Community Garden (Mississippi Community Housing Organization) from any liability or claim that I, my heirs, or any personal representatives may have against the garden with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Julia’s Memorial Community Garden (Mississippi Community Housing Organization). This liability waiver and release extends to the garden together with all owners, partners, and employees.
