Legal Agreements

This page contains various template agreements you can use. They contain important points for consideration, although you should carefully consider your individual requirements. A good general rule is treat others how you would want to be treated, although clear written agreements are very important and should not be neglected. Keep in mind though we are not lawyers and the templates are more like guidelines. You should seek your own legal advice before creating contracts. We are not liable for your use of this information.

 

Land Sharing and Growers

This agreement is between . . . . . . . . . . . . . . . . . . . . . . . .  (land owner) and . . . . . . . . . . . . . . . . . . . . . . . . (grower) for the use of growing space at the address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

DEFINITIONS

Gardening space: The area the land owner agrees to allow the grower to use for the approved purpose

Approved purpose:  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (be specific and list specific varieties of fruit and vegetables)

Gardening hours: . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hazardous material: Any substance that may cause harm to another living organism (such as weedkillers and insecticides)

Produce: The fruit or vegetables that have been grown in the gardening space, and are suitable for human consumption.

Assistants: Individuals that assist the grower

 

1. Where either the land owner or grower consists of more than 1 individual, the entity signing this agreement will bare responsibility for all responsibilities and liabilities under this agreement.

 

2. The land owner agrees to provide the grower the use of the gardening space, between the dates set forth below:

. . . . . . . . . . . . . . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

3. The gardening space provide is marked in the map below:

<insert drawing>

 

4. The grower agrees to provide the land owner with [           ] % of all fruit and vegetables grown in the gardening space. This will be based on the weight of the edible part of the produce. The remaining portion shall be the sole property of the grower. The produce must be provided to the land owner on the day of harvest, or as soon as possible if the land owner is not available.

 

5. The grower will have the right to access the gardening space, and any paths to the growing space that are specified by the land owner, during the gardening hours. The grower may bring assistants, although there must not be more than [        ] assistant’s present at one time.

 

6. The grower will have access to the water tap(s) specified in the below map:

<insert drawing>

The grower agrees to use only a reasonable about of water, and to adhere to any water restrictions.

 

7. The land owner has the right to exclude the grower and any assistants from the growing space, and paths to the growing space, at any time, provided that at least [      ] days notice is provided. The exclusion period must not last more than [     ] consecutive days.

 

8. The land owner agrees to take reasonable steps to prevent damage to the produce, although they are not responsible for the safety of any tools or valuable items that are stored on the land owner’s property.

 

9. If the grower is responsible for any damage to the land owner’s property. The grower will repair or replace any damaged property, or provide the land owner with additional compensation that is accepted by the land owner.

 

10. The grower must at all times keep the growing space in reasonable and tidy condition, and that before the end of the specified date, the grower will restore the growing space to its original state, or a state agreed upon by both parties.

 

11. The grower may not transfer or share their rights to the growing space.

 

12. The grower may not bring any hazardous material to the land owner’s property without the land owner’s prior written consent.

 

13. The grower will comply with any local laws.

 

14. In the event of a conflict, the desires of the land owner shall take precedence, although the grower must be permitted a reasonable amount of time to remove any plants or possessions from the growing area.

 

15. This agreement will terminate:

a. Once the specified time has passed, or

b. If the grower does not attend the growing space for more than 40 days.

c. If any amounts owed to land owner are not paid within 30 days.

 

16. The land owner must inform the grower of any hazardous material in or near the growing space, or of any other matter that is of reasonable importance, prior to signing this agreement.

 

17. The land owner is under no obligation to ensure the gardening space is fit for any particular purpose.

 

18. The grower must at all times ensure their conduct is not in any way a nuisance to the land owner or neighbours.

 

19. Growers may not remove anything from the land owner’s property that was not already present at the commencement of the agreement.

 

Intentional Communities

See http://www.yourway.org.au/agreements/