CITY OF GOLDEN ~ COMMUNITY GARDEN PROGRAM

ADVISEMENT OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT:

Please read this form carefully and be aware that by your participation in this Community Garden Program you are advised of and assume the risks that you may experience as a result of participating in this Program.

The Community Garden Program is an activity in which, despite preparation, instruction, medical advice, conditioning, and equipment, there is still a risk of personal and bodily injury, sickness, disease, death, property loss or damage, such as the following. This list is by no means exhaustive, but includes:

1. Muscle strain and other muscle or soft tissue injuries.

2. Foot problems or foot injury.

3. Heat stroke or heat exhaustion.

4. Other bodily injury.

I do hereby assume all such risks and further waive, exempt and release the City of Golden, its officers and employees from any and all claims, actions or demands for any injury, loss or damage arising out of my participation in the Community Garden Program, whether or not caused by the act, omission, negligence or fault of the City or its officers and employees.

I further agree to indemnify, hold harmless, and defend the City of Golden and its officers and employees from any and all claims, demands or actions resulting from injuries, damages, or losses arising out of, connected with, or in any way associated with the activities of the Community Garden Program.

I understand and acknowledge that the City of Golden, its officers, and its employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as amended, or otherwise available to the City of Golden, its officers, or its employees.

I understand and agree that this Agreement shall be governed by the laws of the State of Colorado, and that jurisdiction and venue for any suit or cause of action under this Agreement shall lie in the courts of Jefferson County, Colorado. I further agree that if any portion of this Agreement is held invalid that the remainder shall continue in full force and effect and that this Agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns and transferees.

Photographs, digital images, or videotape of program participants and spectators may be used for future promotional or marketing material.

I have read and fully understand the above. I understand this agreement may not be amended except upon written agreement of the parties.

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IF PARTICIPANT IS UNDER 18 YEARS OLD, PARENT/Guardian SIGN AND DATE:
By checking the box below, I acknowledge that I am the parent of the above-named participant, as such term is defined in C.R.S. § 13-22-107 (2)(b), and I hereby waive and release any prospective claim of the participant against the City of Golden, its officers, and its employees, for negligence, to the extent provided by Colorado law, in connection with the above-described activities.
Parent/Guardian Name
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