HIGHLAND GARDENS CIVIC ASSOCIATION, INC.
WAIVER, RELEASE AND HOLD HARMLESS AGREEMENT

In consideration for being granted permission to participate in the above-referenced
Community Garden (the “Community Garden”), I, the undersigned,
hereby agree for myself and for my personal representatives, heirs and next of kin:

1. To release, waive and discharge the Highland Gardens Civic Association, Inc. and its board,
from any and all claims or demands of any kind and from all liability, penalties, costs, losses,
damages, expenses, claims, or judgments (including attorney’s fees) resulting from injury, death
or damage to any visitor, third parties or property of any kind, which injury, death or damage
arises out of or is in any way connected directly or indirectly to my participation in the
Community Garden, whether caused by the City’s active or passive
negligence or otherwise. I understand that this release extends to claims that I do not know or do not expect to exist at the time of the signing of this release.

2. To protect, hold free and harmless, defend and indemnify the City from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims or judgments (including attorney’s fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my participation in the Community Garden, whether causes by the City’s active or passive negligence or otherwise. This indemnity shall include, without limitation, reasonable attorneys’, experts’ and consultants’ fees, investigation costs, and all other reasonable costs incurred by the City. 3. To assume full responsibility for and risk of bodily injury or property damage incurred by myself arising either directly or indirectly from participation in the Community Garden, from any cause whatsoever, whether caused by City’s active or passive negligence or otherwise. 4. That neither City nor any of its commissioners, departments, boards, officers, agents or employees shall be liable for any damage to any property owned by me, or my agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of the Community Garden or its use by me. 5. Expressly acknowledge that the permission granted hereunder is freely revocable by City and in view of such fact, I expressly assume the risk of making any expenditures in connection with this permission, even if such expenditures are substantial. Without limiting any indemnification obligations of myself or other waivers contained in this permission and as a material part of the consideration for this permission, I fully RELEASE, WAIVE AND DISCHARGE forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, City, its departments, commissioners, officers, directors and employees, and all persons acting by, through, or under each of them, under any present or future laws, statutes, or regulations, including, but not limited to, any claim for inverse condemnation or the

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