Grass-to-Garden agreement

G2G (Grass-to-Garden) PROGRAM CUSTOMER AGREEMENT

1. Agree that I shall participate in the Program, which includes the removal of grass from the lawn and parkway in front of my property and the replacement thereof with drought-tolerant landscape and hardscape (the “Project”).
2. Agree that I have sole responsibility for the ongoing quality, appearance, and maintenance of the Project. This responsibility includes, but is not limited to, plant health, irrigation system maintenance, weeding, and abiding by Section 41.609 of the City of Santa Ana Municipal Code regarding landscape maintenance.
3. Agree that I shall make the Project and my property, as necessary, available to COSA and/or its agents, in order for such parties to take before- and after-photos and videos of the Project, for promotional purposes, which such photos and/or videos may appear in print, on the internet, or in other venues, and further agree that I shall have no ownership interest in the design of the Project or the plans or other documents evidencing such design.
4. Grant to the City of Santa Ana, its departments (including without limitation the COSA), boards, commissions, directors, officers, employees, agents, and designees (collectively,“City”) non-revocable permission to capture my image and likeness and/or the image of the Project and my real and personal property in photographs, videotapes, motion pictures, recordings and any other media (collectively, “Images”). I acknowledge that the City will own such Images and further grant the City permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to City business, including without limitation publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by the City prior to its use. I forever release the City from any and all liability arising out of the use of the Images in any manner or media whatsoever and waive any and all claims and causes of action relating to the use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
5. Release and hold harmless the City from any and all liability relating to the Program, the Project, or to contracted services or products that may be installed as a part thereof. Any claim you may have based upon any defect or failure of performance of a contracted service or device or material purchased by you should be pursued with the Contractor or manufacturer/distributor. The City of Santa Ana makes no representation or warranty relating to contracted services or products that may be installed as a part of this Program. By participating in this Program, you waive and release the City, its contractors, and agents from any and all claims and causes of action arising out of the purchase, installation or use of devices and materials in connection with this Program.
6. By signing this form, I certify that all information provided is true and correct to the best of my knowledge and agree to comply with the Program Participation Requirements, Terms and Conditions, as well as all federal, state, and local codes, including covenants, policies, conditions and restrictions, as applicable. I further agree to hold harmless the City, its directors, officers, and employees against all loss, claims, damage, or liability resulting from participation in the Program, including but not limited to any loss or liability arising out of the installation or use, except to the extent arising out the gross negligence or willful misconduct of the City and/or its Contractors.