In order to use garden in your Host’s yard, MyGardensSpot requires Gardeners to accept this Release and Waiver, which is effective between you and your Host, as of the date when you contract to garden in their yard, or first start gardening in their yard, whichver happens first. All terms not defined here have the meaning given them in the MyGardensSpot Terms of Service and/or documents incorporated in the Terms of Service.
You represent that you are 18 years of age or older. If you are bringing a minor as a guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration time at the Host’s spot, and have read this Release and Waiver and agree to it on the minor’s behalf. If you bring other guests onto your Host’s property, you will ensure, and you represent and warrant, that each person that accompanies you has read and agreed to this Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to them.
Assumption of Risks
You understand and acknowledge that using a spot may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death, to you or people who accompany you. .
To the maximum extent permitted under applicable law, you knowingly, voluntarily and freely assume all risks, both known and unknown, of using a spot, even if those risks arise from the negligence or carelessness of the host or others, or defects in equipment, premises, or facilities at the spot, or otherwise, and you assume full responsibility for the use of the spot.
Waiver-and-release.
You acknowledge and agree that;
You have reasonably assessed the risks involved in using a spot and have made an informed and voluntary choice to participate.
You alone, and not your Host(s), are responsible for determining your fitness for using a spot and your ability to fully understand any directions or warnings presented.
You will not use any spot when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely using that spot.
You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for using a spot. If you notice any hazard at a spot, you will stop using the spot immediately.
To the maxximum extent permitted by law, you release and promise not to sue your Host for any claims, demands, causes of action, losses (whether econimic or non-economic), damages, expenses, costs of liability of any nature whatsoever arising from or in connection with your use of a spot, whether based on warranty, contract, tort (inclucing negligence), product liability, or any other legal theory.
You intend this Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
Disclaimer of Warranties
To the maximum extent permitted by law, Hosts provide a spot “as is” without warranties of any kind, whether express or implied without limiting the forgoing and to the maximum extent permitted by law. The Host expressly disclaims any warranties of safety, fitness for a particular purpose, quiet enjoyment and as to the adequacy of the directions and warnings provided to you.
Indemnification
You agree that if, despite this Release and Waiver, you or anyone on your behalf make a claim against the Host relating to a visit to your garden spot, you will indemnify and hold the Host harmless from any liability, demand, loss, damage, or costs which the Host may incur as the result of such claim.
You affirm that you have read this Gardener’s release and waiver, and fully understand the assumption of risk, release, waiver, and consent contained in it. You further understand that you have given up
rights by agreeing to these terms, and have done so freely and voluntarily and without inducement.
