2025 Garden Contract

——–

Name(s):______________________________________________ Date: __________

 

For Plot Renters ONLY (fill & initial):

 

I, __________________________________________________ agree to rent a plot at Festival Beach Community Garden through December 2025. I understand that continuing to rent a plot is contingent on my following the rules and fulfilling the following responsibilities, which are further described in the Garden Bylaws^[1] and the Garden Rules^[2]:

 

______ GARDENING AND PATH MAINTENANCE REQUIREMENTS: I will actively garden in my plot and keep it free of invasive weeds and perennial trees. I agree to maintain my surrounding pathways and keep them clear and easily maneuverable, free of trip hazards and mowing obstacles. Personal items must remain within the bounds of my plot, not in pathways. I understand that if my plot is overgrown or not actively gardened, or if my pathways are not maintained, my plot rental privilege may be revoked. The plot-revocation process is in the Garden Rules (and described below).

 

______ STEWARDSHIP TEAM PARTICIPATION: I recognize that many of the Garden’s communal areas are managed by stewardship teams. As a plot renter, I agree to join and participate in at least one stewardship team to help in the management of these common areas. I recognize that sometimes my stewardship team will need more than two hours of help per month per plot and I agree to make a reasonable effort to provide this additional assistance. I understand that I may switch stewardship teams or work with multiple teams, but I agree to inform garden leadership via orientation@festivalbeachgarden.org if I change my stewardship team.

 

______ MINIMUM COMMUNAL WORK HOURS: I agree to contribute a minimum of two work hours per plot per month to care for common areas, or I will pay $10 per missed work hour (“missed work hours fee”). I know that Community Work Days take place the second Saturday of every month and I am encouraged to attend. If I am unable to attend, I will refer to the chalkboards, whiteboards, Discord, and/or my team lead for additional information about task lists. I acknowledge that I am required to complete and document my communal work hours by the end of each month in the Work Hours Notebook, which is located in the green tool shed. Only hours documented in the Work Hours Notebook will be counted.  I agree to pay the missed work hours fee before the end of the corresponding month without prompting (e.g., September fees are due by September 30th).  I understand that I cannot use missed work hours fees to meet my annual communal work hour commitment for more than five months (i.e., 10 hours)  in a calendar year. I understand that missed hours fees may be paid at the following link: https://austinparks.org/support-festival-beach-community-garden/

 

______ CONSEQUENCES OF FAILURE TO CONTRIBUTE WORK HOURS: I understand that I may only pay the missed work hours fee for at most five months, or 10 hours, each calendar year. If I do not fulfill my work hours commitment for six or more months of the year, my plot will be released to the waitlist unless I request and receive a waiver from the Steering Council based on extenuating circumstances.

 

______ CONSEQUENCES OF FAILURE TO FULFILL PLOT MAINTENANCE AND WORK HOUR RESPONSIBILITIES: I understand that I will receive a Notice of Violation “NOV” for not upholding my responsibilities, including, but not limited to having: a plot that is overgrown with weeds, a plot that is not actively gardened, unmaintained pathways, missing work hours and unpaid work hours fees. I understand that I will have two weeks from the date of the NOV to correct the violation. It is my responsibility to make arrangements with the Steering Council if I am unable to resolve the violation by the end of this two-week period. If sufficient improvement has not occurred by the end of the two-week compliance period, I will receive a Notice of Plot Forfeiture (“NPF”), which will give me one final week to remedy the violation. If I wish to retain my plot, I must respond to the notice within one week stating my intention to continue gardening and correct the violation. If such notice is received and the violation is remedied by the deadline, I will retain my plot on a probationary status for six months from the date of the NOV. I understand that if the same violation recurs within this probationary period or I do not respond to the NPF and/or the violation remains unresolved within one week of the date of the NPF, my plot will be released to the waitlist.

 

_____ PROTOCOL FOR TEMPORARY ABSENCE. I will notify leadership at orientation@festivalbeachgarden.org if I will be gone for an extended amount of time or experience a period of limited ability that interferes with my responsibilities as a plot-renter. During periods of absence or limited gardening ability, I will identify an interim gardener as soon as possible to care for my plot and pathways. If not already a FBCG member, the interim gardener must attend an orientation with the orientation team and fill out and sign both the Garden Contract and APF Waiver Forms. If it is not possible to find an interim gardener, I will establish a cover crop or cover my plot and make arrangements to ensure the weeds are managed. I understand that I will be subject to monthly missed hours fees unless either: (1) someone provides the work hour requirements on my behalf; or (2) I request and receive a waiver from the Steering Council based on extenuating circumstances. 

 

_____ PROTOCOL FOR TERMINATION. If I want to forfeit my plot, I will notify garden leadership at orientation@festivalbeachgarden.org as soon as possible. If I voluntarily forfeit my plot, I will clear my plot of dead plants and weeds, plant a cover crop, and remove personal belongings within one week of forfeiture. If my plot rental privilege is revoked due to noncompliance, I will clear my plot of dead plants and weeds, plant a cover crop, and remove personal belongings within one week of the date of the Notice of Plot Forfeiture. I understand that, after these deadlines, all remaining personal items will be donated to the garden.

 

______ PLOT FEE. I understand that renting a plot is contingent on my paying a plot rental fee, which is $80 per year (prorated monthly after July 1), unless I request and receive a scholarship. I may request a scholarship by talking to the Orientation Team or emailing orientation@festivalbeachgarden.org. I understand that the plot fees are not refundable and that my membership and plot rental are non-transferable.

 

For Plot Renters and Member Volunteers (fill & initial):

 

I, _________________________________________________________agree to be a member of Festival Beach Community Garden through December 2025. I understand that being a member is contingent on my following the rules and fulfilling the following responsibilities, which are further described in the Garden Bylaws^[3] and the Garden Rules^[4]:

 

______ SHARED RESPONSIBILITIES. I accept shared responsibility for the maintenance of the common areas, furnishings, equipment, compost, and tool sheds. I agree to not take tools offsite and will return tools to the proper place in the proper shed after use. I will notify the Steering Council if tools are broken. I will lock sheds after use. Consistent mismanagement of tools may be grounds for plot release or nonrenewal of membership based on the discretion of the Steering Council.

 

______ GARDEN NOTICES. I understand that it is my obligation to ensure that I can receive communications relevant to the garden from the following email addresses: admin@festivalbeachgarden.org ; workhours@festivalbeachgarden.org ;  festivalbeachtreasurer@gmail.com. If I do not use email, I have notified the Orientation Team accordingly and established another method of communication.

 

______ WATER CONSERVATION. I will remain on the premises while I am watering. Wasting water may be grounds for plot release or nonrenewal based on the discretion of the Steering Council.

 

______ CHEMICALS AND TRASH. I agree to not use chemical herbicides, pesticides, fungicides, or synthetic fertilizers anywhere on the site. I agree to only use untreated wood or organic-safe treated wood. I understand that there are no trash cans or trash pick-up, therefore I will properly dispose of trash off site. 

 

______ COMMUNAL AREAS. I understand that before I work in any communal area, I must first get approval for that work by consulting with the leader of that stewardship team, or Steering Council leaders, especially where it might be unclear which stewardship team manages the related common area (see Table 1 below):

 

______ SITE SECURITY. I understand that the security of the community garden is extremely important. I agree to not share the gate codes with non-gardeners, including volunteers, friends, family, members of the Food Forest or the general public. When entering and exiting the garden, I agree to shut the gate firmly behind me so as to ensure no person may enter the community garden besides those who have permission. I understand that new members must complete orientation before they get the gate codes.

 

______ ANNUAL RENEWALS. Eligibility for renewal requires that the gardener or member volunteer has adhered to the garden’s contract, rules, and bylaws, as determined by the Steering Council. If eligible for renewal, I will sign and submit the Membership Contract and, if applicable, pay the plot fee, by January 31 of each year to renew my membership. I recognize that if applicable documents and fees are not submitted by that date, my membership will be terminated, my plot will be released to the waitlist, and any personal items left on site will be donated to the garden.

 

______ SHARING OF CONTACT INFORMATION: I understand that my email and phone number will be shared with garden leadership (e.g., the Steering Council, the Team Leads, volunteer leaders) in order to make sure the garden functions properly (e.g., communicate information, coordinate tasks, etc). I further understand that if I prefer that my contact information not be shared with other members, I have indicated this preference by initialing my preference here:

When possible, please don’t share with other members without my permission:

________ my PHONE NUMBER                  _________ my EMAIL ADDRESS.

 

______ CIVIL CONDUCT REQUIRED. I assume full responsibility for conducting myself in a civil manner and will not engage in unacceptable conduct, including but not limited to: taking produce/items from common areas or other members’ plots, littering, vandalism, consumption of alcoholic beverages, possession and/or use of illegal drugs on site, smoking or vaping. I will not verbally and/or physically harass, abuse, or defame others while on site or while engaging in garden matters.

 

______ DISPUTE RESOLUTION. If a dispute arises between any gardeners, garden leaders, or member volunteers, and a resolution of the dispute cannot be reached by the parties involved, I agree to have the Steering Council of Festival Beach Community Garden act as the arbiter of the dispute. I further agree to adhere to the decision of the Steering Council of Festival Beach Community Garden as final.

 

______ NON-DISCRIMINATION. I understand and agree that the joint membership of Festival Beach Community Garden and persons and organizations involved with Festival Beach Community Garden shall not discriminate on the basis of race, creed, color, national or ethnic origin, religion, marital status, age, sex, sexual orientation, or disability in the administration of its programs. I understand that if I wish to address concerns about the administration of these programs or to request accommodations, I should contact the City of Austin Parks and Recreation Department (“PARD”). PARD community gardens coordinator Jennifer Steverson oversees the community garden programs and can be reached at: jennifer.steverson@austintexas.gov

 

______ LIABILITY RELEASE. I assume full responsibility for, and I release Festival Beach Community Garden and its members, Austin Parks Foundation, and the City of Austin Parks and Recreation Department from any liability for any past or future injuries, losses, or property damage that may occur to me arising out of my participation in Festival Beach Community Garden. 

 

______ GARDEN RULES AND BYLAWS. In addition to the terms of this contract, I will abide by the Garden Rules and the Garden Bylaws, which are located at festivalbeachgarden.org. I understand that failure to abide by these rules may result in the termination of my plot rental and garden membership, accordingly.

 

I have read, fully understand, and voluntarily execute the foregoing FBCG Contract and the APF Waiver, intending to be legally bound.

 

 

_________________________    __________________________________               ________________________

Signature of Primary Gardener    Printed Name                                                                Date

or Member Volunteer

 

_________________________    __________________________________               ________________________

Signature of Gardening Partner  Printed Name                                                                Date

 

Table 1 (Guidelines on who to talk to before doing work in the garden)

 

If you want to . . .	Get input from the people it might affect:	Who must approve the work before it begins?
work on your plot;	No one else’s input needed	Just you (subject to the contract)
store materials outside your plot;	the Team (if it would be in a team area), Council	Team lead (if applicable), Council
take materials found on site & outside your plot;	Council (including site managers)	Council
fix a leak (if you find a leak tell leadership ASAP!);	Site managers, Council	Site managers
add, weed, or move plants / shrubs in a team area;	Team members & Team leader.	Team together.
add a small fixture to a team area (e.g., box, signs);	Team members & Team leader & Council.	Team together then council.
add, weed, or move a plant from a common area;	Council (including site managers)	Council
remove a tree anywhere;	Team members & team leader. Nearby teams. Council (talks to city).	Team together, Council then City.
modify the shed or existing common structure;	Council (including site managers)	Council
add a large fixture (e.g., pond, bees, shed);	Team members & Team leader. Nearby teams & gardeners. Council (talks to city).	Team together then Council and City if applicable.
bring a volunteer group onsite or have a fundraiser	Council (including Volunteer & Grants Coordinators), Teams	Council

 

 

^[1] Garden Bylaws: https://festivalbeachgardens.org/forms/bi-laws/

^[2] Garden Rules: https://festivalbeachgardens.org/gardenrules

^[3] Garden Bylaws: https://festivalbeachgardens.org/forms/bi-laws/

^[4] Garden Rules: https://festivalbeachgardens.org/gardenrules/