Welcome to the Back to the Garden Jax Membership Agreement. By becoming a Member of Back to the Garden Jax, you signify that you have read, understood, and agree to be bound by this Agreement. Please check this Agreement periodically for changes. 

 

This Membership Agreement (“Agreement”) is entered into between You (“You” or the “Member”) and Back to the Garden Jax (“BTT Garden") effective as of the date You entered into this Agreement electronically (the “Effective Date”). 

1. BTT Garden is in the business of providing members with access to fresh produce via subscription “unlimited urban U-Pick" at our neighborhood garden (i.e., “Membership”), and You seek to join BTT Garden’s Membership program. 
2. Back to the Garden Jax is currently located at 8560 Commonwealth Avenue, Jacksonville, Fl. You have applied for, and have been invited to join, BTT Garden’s Membership program at this Westside Jacksonville location.
3. In the Membership application, You provided the names and ages of the individuals in Your household (if any), and all of you shall be referred to as the “Membership Household”. 

For the good and valuable consideration recited herein, the receipt and sufficiency of which are hereby acknowledged, You and BTT Garden agree as follows:

1. Grant of License. Subject to the provisions of this Agreement, BTT Garden hereby grants the Membership Household, a nonexclusive, non-transferable license to (i) access the BTT Garden Location for the purposes of harvesting produce through a U-Pick model, pursuant to the terms and conditions located at [Garden Rules], and (ii) host and attend community events at the BTT Garden Location, subject to availability and pursuant to the terms and conditions located at [Garden Events Agreement and How It Works]. This license is granted solely and exclusively for residential use for the Membership Household, and not for commercial, or any other purpose. Nothing herein or otherwise provided by BTT Garden to Member shall operate as a guarantee or implication that a certain plant or herb shall be ready to be harvested at BTT Garden at any particular time or for any particular purpose, that any amount or quantity of plant or herb at BTT Garden shall be available for harvesting at any particular time or for any particular purpose, or that the BTT Garden Location will be available at a particular time or suited for a particular purpose.
2. Membership Fee. You agree to pay to BTT Garden a monthly fee (the “Membership Fee”) in accordance with the price list in the BTT Garden website located at www.BackToTheGardenJax.com/payment-portal. You agree to maintain an online account with BTT Garden, and agree to keep Your payment subscription active in order to maintain the Membership. 
3. Renewal; Termination. The term of this Agreement begins on the Effective Date and continually renews on a monthly basis, during which You agree to pay the Membership Fee. Failure to pay the Membership Fee shall result in termination of this Agreement and termination of the Membership. Either party may terminate this Agreement at any time and for any reason whatsoever, upon written notice to the other party, or in the case of Member, by sending an email to BackToTheGardenJax@gmail.com indicating Your intent to cancel, and terminating Your monthly payment subscription via the BTT Garden Payment Portal located at www.BackToTheGardenJax.com/payment-portal In the event that BTT Garden terminates the Membership, You acknowledge and agree that BTT Garden is under no obligation to refund or return any portion of Your Membership Fee, even if the termination occurs before the end of any monthly installment. In the event of dissatisfaction, members may request a refund for the most recent billing period in writing, which will be considered on a case-by-case basis. 
4. Membership Household. You represent and warrant that the names of the individuals in the Membership Household provided to BTT Garden in Your Membership application and at any other time during the Term of this Agreement, are accurate and current, and that each such individual resides at the address provided as Member’s Address in the Membership application. During the term of this Agreement, You agree to keep BTT Garden informed in writing of the names of individuals residing at Your Address that You wish to include in the Membership Household for the purposes of this Agreement. You agree to ensure that each person in the Membership Household shall abide by the terms and conditions of this Agreement. 
5. Event Guests. You agree that each time You host an event (“Event”) at the BTT Garden Location, You will provide event information to BTT Garden upon request, and You will make reasonable efforts to inform BTT Garden, in writing and in advance, of the approximate number of attendees, and the names of each of Your guests (“Event Guests”). 
6. Relationship of the Parties. The parties are independent and this Agreement shall not be deemed to create a partnership or joint venture and, except as expressly provided herein, neither party is the other's agent, partner, employee, or representative. Neither party shall have any right or authority to make commitments on behalf of the other party, or to otherwise obligate or bind the other party in any manner whatsoever, other than as set forth in this Agreement. Nothing herein contained shall give or is intended to give any rights of any kind to any third persons.
7. Media Release. You hereby grant BTT Garden permission to use and publish video, photographs and images of the Membership Household that are related to BTT Garden activities in all media, marketing and public relations presentations, and You hereby waive the right to receive any compensation, royalty or fee for the use of any such video, photographs or images. 
8. Advisory of Surveillance. You acknowledge that BTT Garden may monitor the BTT Garden Location with video surveillance, and hereby consent to such surveillance on behalf of the Membership Household. 
9. Feedback and Support. You are encouraged to actively offer feedback and suggestions via email to BackToTheGardenJax@gmail.com, text, FB Group, and/or in person and to lend support in the interest of the continual improvement of Garden operations. Your insights and involvement are valuable in fostering a thriving neighborhood farm.

BTT Garden welcomes open communication and appreciates Your dedication in growing together.

1. Amendments and Changes. BTT Garden reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. You acknowledge that there will be future versions of this Agreement because BTT Garden is continuing to develop its business model, and You acknowledge that future versions of this Agreement may have additional terms, requirements and obligations for You to undertake and comply with. Your continued use of the license granted herein shall mean that You accept and agree to the changes, and You acknowledge and agree that it is Your responsibility to check the website periodically for the current version of this Agreement and the corresponding terms and conditions. If this Agreement is modified by BTT Garden, the future version of this Agreement, with such modifications, shall be subject to the same terms beginning on the Effective Date. 
2. Force Majeure.  If BTT Garden is unable to provide access to the garden location due to Acts of God, war, terrorist acts, government regulation, a pandemic, public health crisis, riots, disaster, or strikes, any one of which makes performance impossible (“Force Majeure”), then BTT Garden shall not be liable to the Membership Household for any damages, and shall not be under any obligation to refund or return any portion of the Membership Fee. 
3. Compliance with Laws. You agree to comply with all laws, statutes, ordinances, codes, rules, regulations and requirements of any and all federal, state and local governmental agencies which may regulate or have jurisdiction over the BTT Garden Location, any of Your Events, and this Agreement. You expressly agree not to use, or knowingly permit others to use, the BTT Garden Location for any purpose, in any way that violates any law or regulation, or subjects BTT Garden to liability of any kind, except as provided in this Agreement. If anyone in the Membership Household, or any of Your Event Guests violates this provision, BTT Garden may terminate the Membership without any further responsibility.
4. Transfer Restrictions. The Membership is licensed only to the Member and the Membership Household, and may not be transferred to anyone without the prior written consent of BTT Garden, which may be withheld for any reason whatsoever. 
5. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCESS TO THE BTT GARDEN LOCATION IS PROVIDED "AS IS", AND BTT GARDEN DOES NOT MAKE AND SPECIFICALLY DISCLAIMS, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE BTT GARDEN LOCATION, THE MEMBERSHIP AND THE LICENSE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BTT GARDEN BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY, EVEN IF BTT GARDEN OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. MEMBER'S EXCLUSIVE REMEDY AND THE TOTAL LIABILITY OF BTT GARDEN ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO A REFUND OF THE MEMBERSHIP FEES PAID TO BTT GARDEN, IN BTT GARDEN’S SOLE AND ABSOLUTE DISCRETION.
7. Release, Indemnification, and Hold Harmless. Member shall, for his or herself his or her Membership Household, heirs, executors, administrators, assigns, and for any minors for whom Member is the parent, legal guardian or duly authorized representative, hereby release, indemnify, defend and hold BTT Garden, and its members, officers, directors, employees, agents, landlords, successors, assigns, representatives and affiliates (collectively, all such parties including BTT Garden are referred to herein as the "Released Parties") harmless from and against all demands, claims, actions, judgments, losses, costs, damages or expenses, including attorneys' fees and related expenses, at law or in equity, in tort or in contract, which in any manner are caused by, arise from, or are incident to any of Your Events, Your Event Guests, Your use of the BTT Garden Location, the Membership Household’s use of the BTT Garden Location, or this Agreement. By entering into this Agreement, it is Your intention to surrender and waive any rights to exercise any legal action or seek any damages against Jax Garden and all Released Parties. 
8. Assumption of Risk. IN CONSIDERATION FOR THE ACCEPTANCE OF THE MEMBERSHIP, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY INJURY OR DAMAGE WHICH MAY OCCUR DURING YOUR EVENTS, OR WHILE THE MEMBERSHIP HOUSEHOLD IS AT THE BTT GARDEN LOCATION. YOU ACKNOWLEDGE AND AGREE THAT HOSTING EVENTS AT THE BTT GARDEN LOCATION, AND THAT YOUR PARTICIPATION IN THE MEMBERSHIP MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH THE MEMBERSHIP, INCLUDING, WITHOUT LIMITATION, RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PERSONS, ACTS OR OMISSIONS OF OTHER PERSONS, EFFECTS OF WEATHER AND THE BTT GARDEN CONDITIONS.
9. Agritourism Operator. You acknowledge and agree that BTT Garden is an agritourism operator subject to Chapter 570 of the Florida Statutes.

WARNING

Under Florida law, an agritourism operator is not liable for injury or death of, or damage or loss to, a participant in an agritourism activity conducted at this agritourism location if such injury, death, damage, or loss results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury, death, damage, or loss. You are assuming the risk of participating in this agritourism activity.

 

1. Miscellaneous.  This Agreement represents the entire understanding of the parties with respect to its subject matter, and it supersedes all prior agreements, understandings, or representations by either party.  No amendment or modification of this Agreement, or waiver of any provision hereof, shall be valid or enforceable unless made in writing signed by the parties.  This Agreement shall be binding upon the parties, and their respective successors or assigns. In the event that any provisions of this Agreement shall be held void or unenforceable, the remaining provisions hereof shall remain in full force and effect.  In connection with any litigation arising out of this Agreement, which litigation shall be governed by the laws of Florida, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys’ fees in trial and appeal.

 

This Agreement was last modified on November 01, 2024. Please contact us at BackToTheGardenJax@gmail.com with any questions regarding this Agreement.