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FARMSTEAD COMMUNITY GARDEN USE AND INDEMNIFICATION AGREEMENT

Payment Type for $50 annual fee: Check mailed to Paragon Online Payment at paragontn.com (If mailing a check please include a copy of this form with your payment.)

TERM: Year to Year Renewal Conditioned Upon Payment:

* Garden plot assignment terms will begin the date your required forms are submitted for the remainder of that calendar year. Membership will auto-renew upon payment on or before January 1 of each additional year. If payment is not received by January 1, those waiting for a plot that coming year will receive the plot for that calendar year.

I hereby request entry for me and my guests, family, children, or others living in my household (“Permitted Users”) to the community garden at the Farmstead Community Garden located in Harvest Point, Spring Hill, TN (the “Facility”) operated by the Harvest Point Master Owners Association (the “Association”) during the term noted hereinabove. Any children younger than 16 years of age must be accompanied by me or another adult Permitted User. Entry to the Facility is conditioned upon me owning a property within the Harvest Point Community as my personal residence. Entry and access to the Facility is further conditioned upon me being in good standing with the Association and under the Declaration of Covenants, Conditions, and Restrictions for the Harvest Point Master Owners Association of record in Book R2478, Page 382 - 454 in the Maury County Register’s Office, the (“Declaration”). If, at any time, I no longer own a home in the Harvest Point Community as my personal residence or if, at any time, I owe money to the Association or am otherwise in default of the Declaration, my ability to use the Facility shall automatically cease and be deemed null and void.

Neither the Association nor any of the Released Parties (hereinafter defined) have made any representation or warranty regarding the condition of the Facility and HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, AND WARRANTIES OF FITNESS OR PARTICULAR USE. I assume full responsibility for my conduct as well as the conduct of the Permitted Users or any other person that accesses or uses the Facility with me or on my behalf. I further assume full responsibility for the condition of the Facility at the end of use. I understand I am responsible for picking up and disposing of any trash that my guests, my children, or I cause to be left at the Facility. All plants, crops, or any property or equipment of mine or of the Permitted Users used at or in connection with the Facility shall be so used, kept, or stored at my sole risk only. I acknowledge and accept full and complete responsibility for damage to any products or crops that I may plant or grow at the Facility or personal property or equipment I may use. The Association is not responsible for any damage to products or crops or other property or equipment used or implemented by me or my guests, family members, or visitors.

I agree to assume responsibility for and release the Association, owners, residents, any management personnel hired by the Association, and CKP Development, LLC and its officers, directors, and employees (collectively, the “Released Parties”), from any claims, demands, debts, actions, causes of action, suits, personal injury, property damage, agreements, obligations, defenses, offsets, and liabilities of any kind or character whatsoever known or unknown, suspected or unsuspected, in contract or in tort, at law or in equity, that my children or I ever had, now have, or may hereafter have (collectively, the “Claims”) against the Released Parties for or by reason of any matter, cause or thing whatsoever occurring in connection with our use of the Facility (collectively, the “Release”).

THIS RELEASE EXPRESSLY INCLUDES ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.

This Release also includes, but is not limited to, the results of any acts of the Permitted Users, or me, or any other person or party using or accessing the Facility with me or otherwise related to me. I further waive any claim for damages for or arising out of the use of the Facility. I further acknowledge that I am engaging in this activity at my own request and risk and am not entitled to compensation, benefit, or insurance coverage from the Association, nor will I claim any from the Association.

By use of this Facility, I acknowledge the contagious nature of COVID-19 and other related or similar afflictions (“Afflictions”) and voluntarily assume the risk that I may be exposed to or infected by Afflictions by using the Facility. I understand such exposure or infection may result in my personal injury, illness, permanent disability, or death. I understand that the risk of becoming exposed to or infected by Afflictions at the Facility may result from the actions, omissions, or negligence of myself or others.

I agree to defend, indemnify and hold the Released Parties harmless from and against any case of action, claim, personal injury, property damage, obligation, liability, cost or expense, including reasonable attorneys’ fees, incurred, arising out of or resulting from my use or the use by the Permitted User, or any other person or party using or accessing the Facility with me or otherwise related to me, including, without limitation, my children’s use of the Facility (collectively, the “Indemnity”).

I, for myself and on behalf of my Permitted Users, my heirs, assigns, personal representatives, and next of kin, further agree that I WILL NOT SUE OR MAKE ANY CLAIM against Released Parties for damages or other losses sustained as a result of my participation in the Activities.

The undersigned hereby acknowledges and agrees that this release, waiver, and indemnity agreement is effective on the date set forth below, and shall continue to be in effect and binding upon the undersigned after the date set forth below during each and every time the undersigned, any Permitted User or any other person or entity related to me accesses, visits or uses all or any part of the Facility.

The undersigned further agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee, and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

The releases, indemnities, and waivers set forth herein shall survive my death, any expiration or termination of this Agreement and/or non-use of the Facility.

I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ALL ITS TERMS AND EXECUTE IT VOLUNTARILY WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING THIS AGREEMENT. I SIGN IT FREELY AND VOLUNTARILY AS MY OWN FREE ACT AND DEED WITHOUT ANY INDUCEMENT, COMPULSION, OR DURESS.

I execute this release on behalf of myself, my estate, heirs, executors, administrators, and assigns and on behalf of my family (including, without limitation, my children) and my guests. I agree that my guests, family, others living in my household, and I have read and will abide by this agreement and all rules of the Association related to the Facility and understand that any damage resulting to the Facility area because of any of the above-stated persons’ use of the Facility will be paid in full by me personally. If, at any time, I am liable to the Association for damage to the Facility or otherwise owe money or damages to the Association due to my violation of the terms and conditions of this agreement or the rules of the Association related to the Facility, the Association, in addition to all rights or remedies available to it at law or in equity, shall have all rights and remedies granted to it in the Declaration, including, without limitation, the right to fine or lien my property.

I acknowledge that I have received a copy of and have read all the community gardens rules and agree to abide
by ALL of the rules.

I agree

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