GARDEN PLOT LICENSE AGREEMENT

This Garden Plot License Agreement (this “Agreement”) is made as of the ___ day of ______________, 2025 (the “Effective Date”), by and between _________________________ (“Licensor”), and SRFM, LLC (“Gardener” or “Licensee”).
RECITALS
Licensor is the owner of a community garden containing approximately 100 garden plots in the community known as the San Luis Ranch Community Garden, located in San Luis Obispo, California (the “Community Garden”).
Licensor wishes to keep the Community Garden available for the enjoyment and pleasure of the general public.
__________________ acts as the garden manager (“Garden Manager”) for the Community Garden and administers the Garden Rules and Regulations (hereafter defined).
The garden plot which Gardener wishes to use is designated as Plot # _______ (the “Garden Plot” or “licensed Garden Plot”) in the Community Garden which is shown on the Master Plan of Garden Plots attached hereto as Exhibit “A” and incorporated herein by this reference.
Gardener desires to obtain a license from Licensor to use the Garden Plot for gardening purposes and Licensor desires to grant such a license.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Gardener hereby agree as follows:

AGREEMENT

Grant of License. Subject to the terms and conditions set forth in this Agreement, Licensor grants to Gardener an exclusive, personal and non-assignable license, for the term of this Agreement, to use said Garden Plot for gardening purposes only. For purposes of this Agreement, “gardening purposes” shall be limited to the planting and tending of crops and plants. All crops and plants grown in the Garden Plot pursuant to this Agreement shall be the property of Gardener, provided that Gardener removes such crops and plants during the term of this Agreement. Any crops and plants remaining in the Garden Plot at the expiration or earlier termination of the Agreement shall automatically become the property of the Licensor. Licensor shall not be liable to Gardener for any losses to Gardener’s property in the Garden Plot.

Access. The license granted to Gardener pursuant to this Agreement shall include the right of ingress and egress to and from the Community Garden, over the property of the Licensor known as San Luis Ranch Community Garden. Gardener covenants, represents and warrants that Gardener shall not enter upon any other garden plot other than the licensed Garden Plot, without the permission of such other licensee, in exercising the license granted in this Agreement.

Compliance with Laws and Regulations.

Gardener shall not plant, cultivate or permit to grow in the Garden Plot any plant, crop or substance which it is unlawful to plant, cultivate, grow or ingest.
Gardener shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations now in force or which may be in force in the future relating to planting, cultivation and harvesting of plants and crops in the Garden Plot.
Gardener shall comply with the rules and regulations attached hereto as Exhibit “B” and made a part hereof by this reference, and any future regulations governing the use of the Garden Plot and the Community Garden (the “Garden Rules and Regulations”).

Prohibited Uses. The license granted to Gardener pursuant to this Agreement shall not include, and Gardener covenants, represents and warrants that, throughout the term of this Agreement, Gardener shall not do, any of the following acts:

plant any plant which in maturity will be higher than ten (10) feet or any woody stem plants, trees or shrubs;
use chemical fertilizers, additives or other inorganic material in the Garden Plot;
permit pets or other animals (other than those animals indigenous to the area in which the licensed Garden Plot is located who enter the Garden Plot in the natural course of events, and with the exception of service dogs as described in the Garden Rules and Regulations) to enter upon the Community Garden or Garden Plot;
construct or erect any buildings, shed, structure or improvement (temporary or permanent) on or about the Garden Plot; and
occupy the Garden Plot for gardening or any other purpose outside Garden hours (as set forth in the Garden Rules and Regulations).

License Period. This Agreement shall begin on the date above written and end automatically on December 31, 202__ unless sooner terminated as provided in this Agreement or revoked at any time by Licensor for any reason whatsoever. This Agreement shall automatically renewed for successive periods, each a one (year) term, unless either party gives written notice to the other at least thirty (30) days prior the expiration of any License period.

License Fee. As consideration for the license granted pursuant to the Agreement, Gardener shall pay to Licensor $25 per month ($300 per year). Gardener acknowledges and agrees that the fee includes an estimate for the cost of providing water to the Garden Plot. Gardener agrees that if the water charge exceeds Licensor’s estimate, Licensor may surcharge Gardener for such excess water charge on a pro rata basis. Gardener shall pay the aforesaid amount in full upon execution of this Agreement.

Community Garden Enclosure/Gates. Gardener hereby acknowledges and consents to the locking by Licensor and/or Garden Manager of the Community Garden by way of fencing or anther enclosure between the hours of sunset and sunrise, or at other times due to unforeseen circumstances.

Termination. If Gardener breaches any term or condition of this Agreement or the Garden Rules and Regulations, whether or not such term or condition is substantial, Licensor may, at its option, terminate this Agreement, upon notice to Gardener. Licensor reserves the right to proceed against Gardener for any and all liabilities, actual or contingent, which may have arisen on or before the termination date, in connection with this Agreement. In such event and without limiting the other provisions of this Agreement, Gardener forfeits any right of reimbursement of the whole or a portion of the consideration set forth in Section 6 of this Agreement. Licensor reserves the right to terminate this Agreement at any time without breach by Gardener. Upon such termination, Licensor shall repay to Gardener the prorated portion of the consideration paid by Gardener in accordance with Section 6 of this Agreement representing the remaining portion of the original term of this Agreement.

Conditions of Garden Plot at Termination of Agreement. At the expiration or earlier termination of this Agreement, Gardener shall surrender and deliver up the licensed Garden Plot to the possession of Licensor, clear of trash, garbage, vegetation and other debris and in a tillable condition.

Removal of Trash. Throughout the term of this Agreement, Gardener shall keep the Garden Plot free from trash, garbage and other debris. Gardener shall place all inorganic trash in trash barrels located in and around the vicinity of the Community Garden or shall remove them from the Community Garden (see Garden Rules and Regulations). All other trash, garbage and other debris are to be removed from the Community Garden by Gardener, at Gardener’s sole cost and expense.

Indemnification. Gardener agrees to indemnify, defend and hold harmless Licensor, Garden Manager, and their managers, members, officers, employees, agents, successors and assigns (collectively referred to as the “Licensor Parties”), from and against, and to reimburse the Licensor Parties with respect to, any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys’ fees and court costs), including, without limitation, those in connection with loss of life, bodily or personal injury or damage to property, asserted against or incurred by the Licensor Parties with respect to this Agreement or the Community Garden (collectively referred to as the “claim”) to the extent that such claim is caused by Gardener’s act or omission.

Gardener’s Release. Gardener does hereby remise, release and forever discharge, and by these presents does for Gardener’s heirs, successors, personal representatives, executors, and assigns and guests and any person claiming under or through them (collectively referred to as the “Gardener Parties”), hereby remise, release and forever discharge the Licensor Parties, from any and all, and all manner of, actions and causes of actions, suits, claims and demands whatsoever in law or in equity which Gardener may have against the Licensor Parties, relating in any way whatsoever to this Agreement or the possession, use or occupation of the licensed Garden Plot by the Gardener, unless such actions and causes of actions, suits, claims and demands are caused by or result from the gross negligence or willful misconduct of Licensor or the Licensor Parties.

Notices. Any notice, demand, request, or other communication hereunder shall be in writing. Communications may be delivered and shall be deemed to have been given by the delivering party and received by the receiving party: (i) when delivered by hand; (ii) one day after deposit with a nationally recognized overnight courier or delivery service if sent priority overnight delivery; (iii) on the third day after the date mailed by certified or registered mail (in each case, return receipt requested and postage prepaid); or (iv) on the date sent with confirmation of electronic mail, if such contact information has been given to the other party, if sent during normal business hours of the recipient. The parties contact information for notices purposes are as follows:

Or to such other address of which Gardener, Licensor or Garden Manager shall have given notice as provided in this Section 13. Any notice under this Agreement may be given by Garden Manager on behalf of Licensor who is hereby authorized to do so on its behalf.

Miscellaneous.
Counterparts. This Agreement may be executed simultaneously in one (1) or more counterparts, any one of which may be electronically transmitted, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that electronically transmitted signatures or documents may be relied upon and shall be treated in all respects as original signatures.
No Assignment: Binding Agreement. This Agreement is personal to the Gardener and neither this Agreement nor any interest of Gardener in this Agreement may be assigned, sublicensed or otherwise transferred in any manner whatsoever, by operation of law or otherwise, without the prior written consent of Licensor, which consent may be granted or withheld in the sole discretion of Licensor. Subject to the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the parties hereto and respective heirs, executors, personal representatives, successors and assigns.
Licensor Transfer. Licensor may transfer any portion of the Community Garden and any of its rights under this Agreement. If Licensor assigns its rights under this Agreement, then Licensor shall thereby be released from any further obligations hereunder arising after the date of transfer, provided that the assignee assumes in writing Licensor’s obligations hereunder arising from and after the transfer date.
Entire Agreement. This Agreement, together with its exhibits, contains the entire understanding between the parties hereto, and supersedes all prior and contemporaneous agreements and understandings, except as contained in this Agreement. The express terms of this Agreement control and supersede any course of performance inconsistent with any of the terms of this Agreement. This Agreement may not be modified or amended other than by an agreement in writing.
Waiver. No consent or waiver, express or implied, by either party to this Agreement of any breach or default by the other in the performance of any obligation hereunder shall be deemed or construed to be a consent to or waiver of any other breach or default by such party hereunder. Failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder.
Severability. The unenforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal.
Headings. The headings incorporated in this Agreement are for convenience of reference only. Such headings are not part of this Agreement and do not in any way limit or add to the terms of this Agreement.

Attorneys’ Fees and Costs. In the event that any litigation proceeding is commenced between the parties hereto or their personal representatives, successors or assigns concerning the enforcement or interpretation of any provision of this Agreement or the rights and duties of any party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorneys’ fees and court costs, which sum shall be determined by the Court in such litigation or by a separate legal action brought for that purpose. For the purposes of this Section, the “prevailing party” shall be determined in accordance with the provisions of California Civil Code §1717.

Attachment and Exhibits. All attachments and exhibits to this License Agreement are hereby made a part hereof as if fully set out herein.

No Estate Granted. Gardener agrees that Gardener does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the licensed Garden Plot or the Community Garden by virtue of this Agreement or Gardener’s use of the licensed Garden Plot.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.


EXHIBIT “A”
MASTER PLAN OF GARDEN PLOTS

EXHIBIT “B”
GARDEN RULES AND REGULATIONS

SAN LUIS RANCH COMMUNITY GARDEN
RULES AND REGULATIONS

This document sets forth the rules and regulations that govern the San Luis Ranch Community Garden (the “Garden”). These Rules and Regulations are intended to help all Gardeners grow fresh, healthy food in a thriving Garden, to help create a sense of community among our Gardeners, and to help the Garden to be a good neighbor.

SRFM, LLC (“Licensor”) is the owner of the San Luis Ranch Community Garden and ________________________ acts as the garden manager (“Garden Manager”) and administers these Rules and Regulations. Every person who has a plot in the San Luis Ranch Community Garden (collective, “Gardeners”, and each a “Gardener”) must sign a garden plot license agreement with Licensor in which the Gardener agrees to comply with these Rules and Regulations (each, a “License Agreement”). All terms used herein and not otherwise defined shall have the meanings ascribed to them in the License Agreement.

GARDEN HOURS, MAINTENANCE, AND TOOLS
Access:
Gardeners may access the Garden from dawn to dusk year-round.
Plot
Maintenance
and Trash:
Gardeners must keep their plot, paths, and surrounding areas around their plot clean and free of trash, weeds, and debris. Structures such as greenhouses are not allowed in plots; plant support structures must not be higher than 4 feet to avoid shading other plots. Furniture (such as chairs, umbrellas, and benches) is not allowed in plots. Gardeners must keep the plot free of weeds, pests, and diseases. Because of the communal nature of a community garden, this is necessary to control against invasions of the whole garden.
Tools:
Gardeners may bring their own tools into the Garden to use in their plots, but Licensor and Garden Manager are not responsible for the loss of these tools. Gardeners are responsible for any damage caused by tools they bring into the Garden and so should use them with care. Gardeners may not use any power tools, such as those that require gasoline, batteries, or electricity.
Organic Gardening Only:
Gardeners must not apply any pesticides, insecticides, or herbicides in the garden without approval from Garden Manager. Organic gardening promotes the health of produce, soil, and fellow Gardeners.
No Personal Property:
Gardeners may not keep any personal property on their plots or in the Garden when they are not in the Garden. If Gardeners leave personal property on their plots after the termination of their participation in the Garden, Garden Manager can keep and sell the abandoned property.
Water Conservation:
Please conserve water and use a trigger-operated nozzle on the hose(s). Notify Garden Manager of any leaks. Gardeners shall maintain their raised beds to conserve water. To conserve water, please carefully assess your plot’s need for water and do not overwater.


GARDEN PARTICIPANT EXPECTATIONS
General Conduct:
Gardeners are expected to be civil, honest, and cooperative in dealing with Licensor, Garden Manager, Garden neighbors, other Gardeners, and guests of other Gardeners.
Respect Others’ Property:
Gardeners may not enter other plots, use another Gardener’s tools or supplies, or harvest another Gardener’s produce, without the explicit permission of the other Gardener. Gardeners may not enter property next to the Garden without the owner’s permission.

Guests:
Gardeners may bring guests, including children, into the Garden, provided that the guests comply with the Rules and Regulations. Gardeners are required to supervise any child under the age of eighteen. Gardeners will be responsible for the conduct of children and their guests including making sure they do not damage or interfere with activities on other plots or otherwise engage in inappropriate conduct. Guest violations of these Rules and Regulations are treated as violations by the Gardener.

No Cannabis
Plants:
Notwithstanding any legalization of cannabis or marijuana, Gardeners may not grow cannabis or marijuana in the Garden.

No Illegal
Plants:
Gardeners may not grow any plants considered illegal or invasive under California state, federal, or local law.
No Alcohol, Tobacco or Drug Use:
Alcohol, tobacco, and illegal drugs (including marijuana/cannabis) are prohibited in the Garden. Anyone found to be under the influence of alcohol or illegal drugs will forfeit their gardening rights.

No Signs:
Gardeners may not install any signage (which includes posted signs, posters, banners, painting, drawing or other means of written or visual communication) in, on or about the Garden other than a small personal sign to identify the Gardener’s plot. Garden Manager shall at all times have the right to remove from the Garden any signage without notice or compensation.

No Sales:
The Garden is for personal, non-commercial use only; Gardeners may not sell any produce or flowers grown in the Garden.
No Profane Language:
Gardeners must not use abusive or profane language.
Dangerous Items:
Possession of dangerous chemicals, harmful substances, and firearms is prohibited at all times.
Pets:
Pets or other animals are not allowed in the Garden, except for service dogs.
Accidents:
Please report any accidents or vandalism promptly to Garden Manager.
Emergencies:
In case of fire or other emergency please immediately call 911.


DISPUTES AND VIOLATIONS
Dispute
Resolution:
Gardeners will raise with Garden Manager any disputes about the Garden or with fellow Gardeners. Garden Manager has the power to hear these disputes and will resolve them in the best interest of the Garden.
Rules and Regulations Violation:
Gardeners may lose their rights to participate in the Garden if they fail to comply with any of these Rules and Regulations, or if a Gardener:
endangers other Gardeners, Licensor, Garden Manager, neighbors, or other individuals;
takes or uses another Gardener’s tools, supplies, or produce without permission;
uses foul language and/or offensive behavior including but not limited to threats, intimidation, violence, racial/ethnic slurs, sexual harassment, physical or verbal abuse of any party affiliated with the Garden;
grows illegal plants; or
uses alcohol, tobacco or illegal drugs of any kind, including marijuana/cannabis in any area of the Garden.

Committing any of the above violations may also result in a report(s) being made to the San Luis Obispo City Police Department.

Garden Manager may, in its sole and absolute discretion, immediately terminate the Gardener’s right to participate in the Garden. If that occurs, the Gardener must leave the Garden by the end of Garden hours on the termination day and may not reenter without Garden Manager’s permission.

If a Gardener violates any other of these Rules and Regulations and Garden Manager does not elect to immediately terminate the License Agreement, Garden Manager will inform Gardener of the violation by sending an email to Gardener or putting a red flag on Gardener’s plot. Gardener will have one week to correct the violation. If the violation is not corrected within one week, as determined by Garden Manager in its sole and absolute discretion, Garden Manager may terminate the License Agreement. After termination, Gardener will have one week to harvest and clean up his/her plot. Garden Manager reserves the right to clean up Gardeners’ plots or otherwise bring such plot into compliance with these Rules and Regulations and may charge Gardeners a fee or fees to reimburse it for the costs associated in connection therewith.
No Refund or

Other Claims:
Gardeners under no circumstances will be entitled, directly or indirectly, to any refunds, any direct, incidental, consequential, punitive, or other damages, any other forms of compensation from Garden Manager and/or Licensor, or to obtain an injunction, specific performance, or other equitable remedy, as a consequence of termination from participation in the Garden.


OTHER PROVISIONS
Changes in the Rules and Regulations:
Garden Manager may amend these Rules and Regulations in their discretion without advance notice. Garden Manager will provide all Gardeners with a copy of the current Rules and Regulations concurrently with their execution of the License Agreement and will post a copy of the current Rules and Regulations at the Garden. Gardeners may propose adjustments to the Rules and Regulations for Garden Manager’s consideration.

Waiver:
Any waiver by Garden Manager of these Rules and Regulations must be in writing and signed by Garden Manager. Failure, neglect, or delay by Garden Manager at any time to enforce the provision of these Rules and Regulations will not be considered a waiver of Garden Manager’s rights under these Rules and Regulations. Waiver of any breach or provision of these Rules and Regulations or failure to enforce any breach or provision of these Rules and Regulations will not be considered a waiver of any later breach or the right to enforce any provision of these Rules and Regulations.