Project Lemon Tree Agreement
Last Updated: 11/24/19
This Agreement is made between a registered class, youth group, nonprofit organization, public works location, business and/or residential location as represented by the authorized Head of Organization or Property Owner signing below (“Participant”) and Bizgenics Foundation, a 501(C)(3) Hawai’i-based nonprofit (“Bizgenics”). To participate in Project Lemon Tree (“PLT”), Participant must register on the ProjectLemonTree.com website and by doing so, agrees to the following terms:
PLT Curriculum Packages
By registering, Participants within the State of Hawai’i become eligible to purchase or receive PLT Curriculum Packages provided courtesy of participating community Sponsors. Packages include one lemon tree, a PLT Teaching System Teacher’s Guide and up to 20 Student Journals.
Participant agrees to maintain lemon trees provided under this program. Specifically, trees must be watered regularly, basins must be kept weeded and empty of trash, and pests such as bugs must be removed. Maintenance can be provided by students, employees, parents and/or volunteers. Please observe the Care Plan in the PLT Teaching System. It includes instructions for watering, pruning and fertilizing.
Student Surveys & Care Plan Reporting
Participant agrees to complete and submit an Annual Class Survey at the end of projects or at the end of each school year a class is active in PLT.
In the event that a Sponsor provides support to Participant, Participant shall endeavor to exercise good manners such as: 1) Sending thank you letters to sponsor; 2) acknowledging Sponsor in school newsletter, blog or social media, and/or; 3) recognize Sponsor name or logo via a tree hang tag or ground stake sign.
INSURANCE. Participant agrees to maintain adequate insurance to cover risks and liabilities.
INDEPENDENT ENTITIES. Bizgenics and its agents, employees and representatives are not employees of Participant. Bizgenics for the purposes of this Agreement is an independent contractor/donor.
PARENTAL CONSENT. Participant agrees to obtain proper parental consent for all participating parties including minors for PLT activities.
CONTENT IMAGES. Photos and videos taken at various PLT activities and events may be used in various publicity-disseminated media. Participant, will obtain proper parental consents and hereby grants PLT and its designees all clearances, copyright and other legal rights to use participating individual’s respective name, likeness, image, voice, appearance and performance in connection with program activities whether recorded on or transferred to videotape, film, slides, photographs, audio tapes, or other media, now known or later developed. This grant includes without limitation the right to edit, mix, or duplicate and use or reuse content in whole or part as Bizgenics may elect. This grant includes the right to use content for promoting or publicizing Bizgenics and its programs. The rights granted Bizgenics herein are perpetual and worldwide.
HOLD HARMLESS & INDEMNIFICATION. Participant agrees to release, hold harmless and indemnify Bizgenics, its producers, organizers, their affiliates, subsidiaries, agencies, directors, officers, employees and representatives from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) arising directly or indirectly from participation in PLT or from acceptance, possession or use/misuse of any PLT items.
IN NO EVENT WILL BIZGENICS, ITS AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPATION IN AND FOR PLT. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THE PLT SYSTEM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
GOVERNANCE. This Agreement is governed by, and will be construed in accordance with, the laws of the State of Hawai’i despite any conflict of legal principles and rules to the contrary. If a dispute or claim as between the parties arises, the parties will exercise reasonable efforts to resolve same in an amiable, efficient and effective manner before resorting to legal intervention. However, if such a resolution is not reached in a fair and timely manner, a party may bring legal action against the other party for claims under this Agreement, in which event each party to this Agreement will submit exclusively to the general and personal jurisdiction of the courts of competent jurisdiction, state and federal, situated in Honolulu, Hawai’i and no other venue unless Bizgenics expressly consents to a different venue.
SEVERABILITY. If any part of these terms are deemed unenforceable, the balance of terms shall remain effective and the unenforceable term(s) may be reformed to become an enforceable part of terms.
ENTIRETY. The terms of this Agreement govern the PLT project and shall take precedence over any other terms that are contrary to these terms. Any prior or contemporaneous representations, understandings or contrary agreements of the parties with respect to this subject matter are superseded by this Agreement.
NOTICES. Notices to Bizgenics shall be given in writing or acknowledged as received electronically or delivered to Bizgenics at 1012 18th Ave Honolulu, Hawai’i 96816.