TERA FARM

Shipping Agreement

Produce and other farm products purchased by the Customer (“Purchased Items”) will be packaged in a box with a label showing Customer name and order number. The Purchased Items will be delivered to the location selected by Customer at checkout (“Neighborhood Site”) on the day designated by Tera Farm.  Customer is solely responsible for collecting the Purchased Items before 6:00 P.M. PT on the designated day and in compliance with any requirements made by the volunteer host of the Neighborhood Site (“Host”). 

Customer acknowledges and agrees that delivery of the Purchased Items to the Neighborhood Site is at the request of and for the benefit of Customer.  Customer understands the Purchased Items may be stored or staged for pickup inside or outside, with or without refrigeration.  As perishable goods, the Purchased Items are inherently at risk for damage, theft, degradation, and spoilage resulting from, among other forces, weather, nature, pests, or third-party human interference (“Inherent Risks”).  

Tera Farm and the Host will strive to take reasonable precautions to prevent the realization of such Inherent Risks, but Customer knowingly and voluntarily assumes all risk of loss, personal injury, sickness, death, damage, and expense arising from the Inherent Risks once the purchased items are made available for pickup at the Neighborhood Site.  The Host and Tera Farm are not responsible for ensuring Customer actually receives the Purchased Items, nor are they liable for any loss, personal injury, sickness, death, damage, and expense arising from or related to Customer’s failure to timely collect the Purchased Items from the Neighborhood Site.  

Customer hereby unconditionally releases, waives, discharges and covenants not to sue Tera Farm or the Host for any and all claims, liabilities, losses, damages or expenses (including, but not limited to, attorneys’, consultants’ and/or experts’ fees and expenses) arising from or related to (1) Customer’s failure to timely collect the Purchased Items, or (2) any Inherent Risks realized or suffered after the Purchased Items are made available for pickup at the Neighborhood Site. 

Customer agrees to indemnify, defend, and hold harmless the Host and Tera Farm from and against any and all claims, liabilities, losses, damages or expenses (including, but not limited to, attorneys’, consultants’ and/or experts’ fees and expenses), made by Customer or any third-party, arising directly or indirectly from, related to, or as a result of: (1) Customer’s failure to timely collect the Purchased Items; or (2) any Inherent Risks suffered once the Purchased Items are made available for pickup at the Neighborhood Site, whether due to bodily injury, death, loss of use, monetary loss, or any other injury.

By purchasing the Purchased Items from Tera Farm, Customer expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the State of California in that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.  Customer waives any and all rights based upon the provisions of California Civil Code section 1542, which reads as follows: 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

If any one or more of the provisions contained in this Shipping Agreement is held, for any reason, to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability of any such provision shall not affect any other provisions hereof, and the Shipping Agreement shall be construed as if it did not contain any invalid, illegal or unenforceable provision.  In the event either party institutes a legal action to interpret or enforce this Shipping Agreement or their respective rights and obligations hereunder, the prevailing party in such action shall be entitled to an award of reasonable attorney's fees, expert fees, and court costs.  The parties agree that any ambiguities or uncertainties shall be resolved by giving effect to the ascertained intent of the parties pursuant to California Civil Code section 1654 without any presumption against either party.  This Shipping Agreement shall inure to the benefit of, and shall be binding upon, the parties and their respective heirs, representatives, administrators, executors, successors and assigns.