Special Notice - Private Event Release, Waiver & Indemnity Agreement for City of Fresno & Registration Form
SPECIAL NOTE FOR COVID-19 GUIDELINES - Please be aware that we are trying very hard to accommodate your event as best we can and we MUST adhere to the guidelines set forth by California Department of Public Health. Additionally, SHINZEN COULD BE REQUIRED TO CLOSE due to COVID-19 which is not under our control.
Additionally, we will require for visitors to adhere to the COVID-19 Guidelines for entering the Garden.
By signing this agreement, you are in contract with the City of Fresno, and Shinzen Friendship Garden.
It is to your benefit to become familiar with the terms of this document.
RELEASE, WAIVER AND INDEMNITY AGREEMENT. In consideration of permitting (Participant's NAME above this form) to participate in commercial activities, operations, and/or functions at the Shinzen Japanese Garden and to the furthest extent allowed by law, the undersigned agrees to release, indemnify, hold harmless and defend the City of Fresno and its officers, officials, agents, employees, and volunteers from and against any and all loss, liability, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City of Fresno, Participant or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of Participant’s observation or participation in the activities, operations, or functions related to the Activities. IT IS THE INTENTION OF PARTICIPANT (INCLUDING THAT OF PARENT/GUARDIAN) BY THIS DOCUMENT, TO HAVE AGREED TO THE ASSUMPTION OF THE RISK FOR PARTICIPANT OBSERVING OR PARTICIPATING IN THE COMMERCIAL ACTIVITY AND PARTICIPANT DOES HEREBY VOLUNTARILY RELEASE THE CITY OF FRESNO, AND ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM, AND DOES WAIVE ANY RIGHT OF ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY ANY OF THEIR NEGLIGENCE.
SHINZEN FRIENDSHIP GARDEN POLICIES & PROCEDURES EVENT FEES/REFUNDS:
The $300 “Cleaning Fee” will be fully/partially refunded depending on the condition of the garden grounds at the end of your event. The required $150.00 deposit is non-refundable and will be applied to the balance for your event. Request for refund is available for any paid amounts beyond the initial deposit and must be submitted in writing to the Shinzen Friendship Garden clearly stating the reason for the refund. Proof of payment (a receipt of the canceled check or copy of online payment information) must accompany your written request. Refund requests must be received no later than four (4) weeks prior to the event reservation date. A 50% fee will be charged for events canceled less than 30 days prior to your reserved event. Because you are paying your reservation fee to the Shinzen Friendship Garden, Inc., a 501c3 non-profit organization, please contact your tax advisor for possible tax benefits. Although every effort is made to ensure that lights and outlets are working properly prior to your reservation, power outages and overloaded circuits sometimes occur and will not be considered reasonable grounds for a refund. Refunds are subject to a $25.00 processing fee plus any additional PayPal fees incurred and can take up to two weeks to process from the time of the request.
In accepting this reservation, as stated above, I agree to comply with the attached Policies, Procedures, Regulations and shall hold harmless and indemnify the Shinzen Friendship Garden, Inc. and the City of Fresno, their officials, members, agents and employees against all claims, notices and demands arising out of performance under this agreement, regardless of the Garden or City is actively negligent or passively negligent, except for those claims, notices, demands caused solely by the negligence or willful misconduct of the Garden or the City.
ABSOLUTELY NO ALCOHOL OR PARKING ON THE GRASS AREAS IS ALLOWED IN THE PARK OR GARDEN WITHOUT A PERMIT, SUBJECT TO PRIOR REVIEW BY THE CITY OF FRESNO.
~ GUIDELINES ~
• Shinzen Friendship Garden is, first and foremost, a Japanese style garden. Therefore, your event will come under the guidelines herein. The intent of the garden is to maintain an air of serenity. It is NOT a place for rudeness, lack of mindfulness, loud music or a place for parties.
• Shinzen Friendship Garden is a STRICT NO-FLY ZONE. Drones are not permitted in or around the Shinzen Garden without prior written permission from the City of Fresno and local Police authorization.
• Events are usually scheduled during normal Garden hours. This means there may be patrons enjoying the Garden during your event that are not part of your group. Depending on availability, special arrangements might allow for certain events to be scheduled during non-open hours.
• Please be respectful of all other visitors in the Garden. Photo reservations/arrangements may not block garden walkways.
• Photographers, engaged in private events, must complete the Photo Reservation Permit form or call 559-840-1264 to obtain a Photo Permit at least one week prior to the date of the scheduled event/photo reservation.
• Requests will be considered to waive fees for certain non-profit organizations wishing to take photos that are not intended for the purpose of sales or fundraising. Organizations must obtain prior written approval of the Garden. A copy of special requests must accompany a qualified organizational staff member when entering the Garden.
• Depending on the number of requests, and the number of guests within each group, there may be more than one photography reservation within the Garden at any given time.
• Reservations for photography sessions are subject to change, without prior notice, due to special events or unforeseen maintenance issues. We recommend that you contact the Garden (559-840-1264) at least one (1) day before your scheduled photo reservation.
• Broadcast networks and other media developers wishing to use the Shinzen Garden as a visual backdrop must FIRST obtain written authorization, prior to the beginning of any production, by contacting the Garden (559-840-1264 or email: firstname.lastname@example.org) otherwise they will be denied access to the Garden.
• Shinzen Friendship Garden, Inc. retains the rights to “first right of refusal” on ALL media produced within the Garden prior to any public or private broadcasting of captured/developed media.
• Unless otherwise stated within specific circumstances, the normal hourly fee schedule for photo permits will apply.
Things to know before booking your event at Shinzen Japanese Garden
WHERE CAN I HOLD MY EVENT?
Events in the Shinzen Garden may be held in various locations throughout the Garden, based on the specific requirements of your planned event. We recommend that you schedule a “site-walk” with a Shinzen staff member prior to actually booking your event (559-840-1264).
ENTRY TO THE EVENT
Entrance for all guests should be through the main Shinzen Garden gate unless prior arrangements are made. Guests must remain on designated walkways and must refrain from touching plants, trees or lanterns.
Handicap parking is available near the Garden entrance. All entrants to Woodward Park must pay the Woodward Park parking fee at either of the main gates. Please visit shinzenjapanesegarden.org for up to date fee rates. You may contact the head of parking services at 559-264-2425 to prepay for the desired number of guest passes for your event. The parking lot, directly in front of the main Shinzen Garden gate, can accommodate up to 85 cars, with an additional 50 paved space (overflow area) nearby. All parking is subject to availability of other Woodward Park events.
No food or beverages are permitted inside Shinzen Garden without prior permission from the Shinzen Friendship Garden. No alcoholic beverages are permitted in the Woodward Park or the Shinzen Garden without a City of Fresno permit and Shinzen staff review. Event Receptions can be reserved in the group activity area, directly adjacent to the Garden, or other Woodward Park shelters can be reserved through the City of Fresno. Call 559-621-2929 for more information.
CHAIRS, CANOPIES, ALTARS, ETC.
Event reservation times should include adequate time for setting up and clean up. You are permitted to set up chairs, tables, flower stands, etc. that do not require driving stakes or similar supports into the ground. If you are unsure of the specifics please contact a Shinzen staff member to assist with any details for your event.
Decorations may not be attached to any Garden trees, shrubs or other plants. Decorations may not be nailed, tacked, stapled or taped to Garden structures. We suggest freestanding decorations, balloons with weights, plants or flowers you bring in, decorated freestanding screens or similar structures. Lighted candles must be attended at all times by a responsible member of your group. No real or fake flower pedals are allowed in the garden or surrounding areas.
The Garden currently has no lighting. Any and all special lighting installation and removal must be submitted and approved 30 days in advance by Shinzen Garden. Special event installations will require a separate contract, by the Applicant, constituting additional fees/expenses to your event.
CONFETTI, RICE, BIRDSEED, ETC.
No confetti, rice, birdseed, or similar material may be thrown in the garden or surrounding areas.
All event photography is subject to the Shinzen Garden Photo Policy and must be scheduled prior to your event either as a separate reservation/permit.
Event rehearsals require a separate reservation and are scheduled and conducted during normal hours of Garden operations. Rehearsals can be scheduled during closed hours of operation for an additional $80/hr. fee.
PETS, ANIMALS, FISH
No pets are allowed in the Garden except service animals with prior arrangements. Do not feed any birds, animals or fish in the Garden.
Security is NOT provided by Shinzen Garden. Security IS required for events that have received prior approval for a liquor license from the City of Fresno. Inebriated or disruptive guests will not be admitted to the Garden or be escorted out of the park by local police. Should any City or Garden personnel encounter any enforcement problems, local police will be dispatched.
The Garden agrees to provide a reasonably clean environment for your event keeping in mind that the Garden is an outdoor venue and, as such, is in a natural state. You are responsible for cleaning and maintaining the Garden event area and ensuring the safety and well-being of your guests. You are expected to leave the Shinzen Garden grounds in the original condition as to prior to your scheduled event. Should the cleanliness of the event site be in question, photos will be used as part of the records to determine any cleanup fees. Since we do not require a "cleaning" fee this does NOT exempt you from your responsibility of keeping the grounds clean, after your event. You may incur additional fees should we need to cleanup after your event.
Under certain circumstances and with prior arrangement, Shinzen Friendship Garden, Inc. may grant payment options. This process will be done on a “case-by-case” basis only and will be reflected in the invoice for a specific reservation.