1. INTRODUCTION AND PURPOSE

Mid Shooks Run Community Garden (MSRCG) is a community-based initiative that cultivates fresh produce and fosters a connected community. This agreement formalizes your membership, ensuring compliance with our rules and policies while promoting a safe and welcoming environment.

2. MEMBERSHIP RESPONSIBILITIES

2.1 COMPLIANCE WITH RULES AND POLICIES

As a member of MSRCG, you agree to:

• Adhere to all terms in this Membership Agreement.

• Act in a manner that supports the garden’s mission, values, and community spirit when inside the garden footprint and participating in MSRCG events.

2.2 PARTICIPATION REQUIREMENTS

• Maintain your assigned plot, ensuring it is:

• Planted by July 1st.

• Cleared by October 31. A “cleared  plot means:

• All annual plants, weeds, and plant debris are removed (perennials can remain);

• All personal items (stakes, tools, decorations, etc.) that can shift during winter winds are removed or neatly stored as directed by garden leadership (e.g., must come down: tomato cages, stakes, tools, decorations, etc.; can stay: fence stakes buried below the frost line, structures secured to the plot with 1.5” fasteners, etc); and

• The plot is left in a condition suitable for winter and the following growing season.

• Keep pathways and areas surrounding your plot tidy and free of weeds.

• Participate in at least one collective maintenance event annually for the full scheduled duration of the event. This means contributing towards community spaces - not your assigned plot(s).

2.3 MAINTENANCE EVENT REQUIREMENT ALTERNATIVE

Mid Shooks Run Community Garden recognizes that not all members are able to attend regularly scheduled maintenance events, which are often held on weekends due to work schedules, disabilities, or other personal circumstances. 

Members who are unable to attend a scheduled maintenance event may request approval to fulfill their annual maintenance participation requirement through an alternative contribution to the garden. Reasonable alternatives will be determined by the Board of Directors (or its designee) on a year-by-year basis, based on the needs of the garden and the member’s circumstances. 

Alternative contributions may include, but are not limited to, tasks, projects, fundraising efforts, in-kind donations, or other forms of support that provide a comparable benefit to the garden as participation in a maintenance event. 

All alternative arrangements must:

• Be requested in advance by the member;

• Be approved by the Board of Directors or a designated maintenance committee member;

• Be completed and verified before the last scheduled maintenance event of the season; and

• Be subject to verification by garden leadership.

The Board of Directors retains final discretion to determine whether an alternative contribution satisfies the annual maintenance participation requirement.

2.4 CONDUCT AND SAFETY

• Conduct yourself civilly and avoid unacceptable behavior, including but not limited to theft (tools, produce, etc.), profanity, and offensive conduct.

• Supervise visitors and children at all times while in the garden.

• Please remove trash, including garden waste from the garden and dispose of it properly off-site.

• Secure the garden gate when leaving to protect the space and its resources.

3. MEMBERSHIP BENEFITS

Members have access to:

• Assigned garden plots and shared resources during the growing season: March 1 through October 31.

• Educational workshops and community events.

• A collaborative and supportive gardening environment.

• Voting Rights: Members in good standing have the right to vote on key issues affecting the garden, including leadership elections, rule changes, and major garden initiatives.

4. PROHIBITED ACTIVITIES

To maintain a safe and inclusive space, members must not:

• Use herbicides or other banned substances.

• Grow illegal substances, including cannabis.

• Harvest produce from plots other than their own without permission.

• Bring pets or livestock (including honeybee hives) into the garden.

• Use tobacco, alcohol, or illegal drugs on the premises.

• Leave running water unattended.

• Use gas or electrically powered tools such as edgers and lawnmowers.

• Transfer their assigned plots to another individual.

• Engage in personal fundraising or unauthorized use of MSRCG’s name or resources without prior written approval by an officer of the Board of Directors.

Violations of these terms may result in termination of membership without reimbursement.

5. FEES AND FINANCIAL COMMITMENTS

5.1 MEMBERSHIP FEES

• Annual membership fees are due by February 28.

• Fees are calculated based on plot size at a rate of $1.50 per square foot.

• Fees are non-refundable after April 15th of each growing season.

5.2. PLOT DEPOSIT

Each garden member is required to pay a Plot Deposit of fifty dollars ($50) in addition to any regular membership or plot fees.

Plot Deposits carry over to the next growing season upon satisfactory completion of the participation requirements reinforced in section 2.2. If the member does not meet these requirements, the Plot Deposit is retained by MSRCG to support general operations and maintenance and another plot deposit will be required to renew membership the following year.

5.3. REQUIREMENTS FOR PLOT DEPOSIT RETURN

To receive a refund of the Plot Deposit, each member must fulfill their Participation Responsibilities, specifically:

1. Participate in Garden Maintenance
   Attend the full scheduled duration of at least one (1) garden maintenance event during the season or complete an approved equivalent maintenance activity as described in Section 2.3, Maintenance Event Requirement Alternatives; and

2. Clean Plot at End of Season
   Ensure that their assigned plot is cleared before the end of the growing season, October 31st as described in Section 2.2, Participation Requirements. 

3. Verification
   Garden leadership (such as a Board of Director Officer or Maintenance Committee member) will determine whether the above requirements have been met. Their determination will be final.

   6. LIABILITY WAIVER AND ASSUMPTION OF RISK

6.1 ACKNOWLEDGMENT OF RISKS 

1. I voluntarily participate in gardening and other activities sponsored by MSRCG.

2. I understand, accept, and assume the risks associated with participation, including injuries, exposure to natural hazards, or accidents involving myself, my family, or my guests.

6.2 WAIVER AND RELEASE

1. I assume full responsibility for any injuries and release MSRCG, the City of Colorado Springs, their employees, board members, officers, agents, volunteers, and representatives (the "Released Parties") from any claims or liabilities, including those arising from negligence.

2. I acknowledge that my participation is for my purposes and convenience and not for the benefit of the Released Parties.

   7. PRIVACY AND CONSENT TO BE CONTACTED

I consent to:

• The collection and storage of my contact information (name, phone, email) for the purposes of garden-related communications.

• Receiving email, phone calls, or text messages related to garden operations, events, updates, or urgent matters.

• My name or photos of my participation being used in MSRCG communications, newsletters, or social media, unless I explicitly opt out by providing written notice.

MSRCG will not sell, distribute, or share your personal information with third parties for non-garden-related purposes.

8. CONFLICT RESOLUTION

In the event of a dispute between members or between a member and the garden’s steering committee:

• Parties are encouraged to resolve issues informally.

• If no resolution is reached, the City of Colorado Springs Office of Sustainability will act as the final arbitrator.

9. TERMINATION OF MEMBERSHIP

9.1 GROUNDS FOR TERMINATION

Membership may be terminated for:

• Violations of garden rules or policies.

• Failure to maintain assigned plots or meet participation requirements.

• Behavior that jeopardizes the safety, integrity, or mission of MSRCG.

9.2 TERMINATION PROCEDURE

1. The Board of Directors will review violations and provide an opportunity for the member to respond.

2. Termination decisions will be documented, and no fees will be refunded.

10. CONTACT INFORMATION

For questions or concerns, please contact:

Mid Shooks Run Community Garden

704 E Boulder St | Colorado Springs, CO 80903

(719) 900-2170

msrgardencos@gmail.com

www.midshooksruncommunitygarden.org

11. ACKNOWLEDGMENT AND AGREEMENT

Acceptance of this Membership Agreement by the Primary Member constitutes acceptance on behalf of all Authorized Users associated with the plot. By agreeing to these terms, I acknowledge that I:

• Have received, read, and understood the Mid Shooks Run Community Garden Membership Agreement.

• Agree to comply with all terms and conditions outlined herein.

• Accept the risks associated with participation in MSRCG activities.

• Consent to the use of my contact information for garden-related communications.

• Understand that access to and use of any garden plot is conditioned upon compliance with the Membership Agreement, whether or not an individual user personally completed registration and submitted payment.