Liability and Indemnity
(IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY)
With control comes responsibility. By assuming control of the boulevard adjacent to your property for gardening purposes, you and your helpers assume full and sole responsibility for any bodily injury, property damage, or other harm that is suffered by you, your helpers, or any third party, arising in any way from, or connected in any way to, your garden-related activities, and any related liabilities, damages, complaints or claims (collectively, “Claims”) including, without limiting the generality of the foregoing, injury to anyone who may trip and fall in your garden, illness to anyone who may eat plants from your garden, and lost or damaged plants, structures or ornaments caused by anyone including the City.
The publication of these Guidelines and the granting of permission to engage in gardening on City boulevards is not intended to establish any agency or other relationship between the City and any person engaged in gardening on a boulevard or right of way. The City does not assume any responsibility or supervising authority for gardening on boulevards and will not inspect or manage boulevard gardens in any way.
By engaging in boulevard gardening, you agree, in return for permission to garden on City boulevards in accordance with these Guidelines, to comply with these Guidelines and to waive any and all claims against the City, its officers, employees, elected officials, contractors and agents (collectively, “Releases”) in relation to any Claims and you further agree to indemnify and save harmless the Releases from any and all Claims including legal costs and expenses that may be based on or related to your action, omission or inaction.
Publication of these Guidelines and the granting of permission to garden on City boulevards is not intended to confer any legal or equitable interest or property right in the City boulevards. The City reserves the right to re-occupy the boulevards at any time and for any reason without notice to you or payment of any compensation for removal of the plants or other property from the boulevard or for the time and effort spent by you or anyone else in gardening or improving the boulevard in any way.
The capacity to prepare for and respond to change is a cornerstone of a sustainable and resilient community, and policies are developed with inherent uncertainties. These Guidelines are provided for information purposes only, are not exhaustive, and are no substitute for relevant experience, careful research, and sound judgment in relation to each specific site. These Guidelines reflect the City’s position in light of the information available to it at the time of preparation, including the fact that informal street gardens have been sprouting up in Nanaimo for several years. While reasonable steps have been taken in preparing these Guidelines, any use that a gardener or any other person makes of them, or any reliance on or decisions based on them, are the responsibility of those parties. The City accepts no responsibility for Claims, if any, made or suffered by anyone as a result of decisions or actions based on these Guidelines.