Microplot Contract

This Farmer Micro-Plot Agreement (“Agreement”) is between Gagandeep Singh (“Landowner”) and the participating individual (“Farmer”) for the Farmer’s use of an assigned farming area (“Plot”) located at 494 Sumas Way, Abbotsford, BC, V2S 8E5 (“Farm Property”).

The Plot location, lease fee, payment arrangement and any special conditions will be agreed upon between the Landowner and Farmer.

By accepting this Agreement, the Farmer agrees to these terms and the applicable Farm Rules & Community Standards.


1. LEASE TERM

  • The lease begins on the date agreed upon by the Landowner and Farmer after this Agreement has been accepted and required payment received.
  • Unless otherwise agreed in writing, leases operate on an annual cycle ending March 31.
  • Renewal is not automatic and is at the discretion of the Landowner.
  • Renewal may depend on payment history, Plot maintenance, conduct, compliance with Farm rules, Farm plans and availability.
  • Lease fees and other terms may change upon renewal.
  • Nothing in this Agreement guarantees renewal or the same Plot in a future term.

2. LEASE FEES & PAYMENT

The Farmer’s lease fee and payment schedule will be agreed upon between the Landowner and Farmer.

Unless otherwise agreed:

  • Required payment must be received before access to the Plot is granted.
  • Payments are non-refundable except where this Agreement provides otherwise.
  • Failure to make required payment may result in suspension of access or termination.
  • Payment may not be withheld or reduced because of crop failure, weather, pests, personal circumstances, periods of non-use or other agricultural risks.
  • No person may occupy or farm a Plot without authorization from the Landowner.

If the Farmer voluntarily leaves or this Agreement is terminated because of the Farmer’s breach, prepaid fees are forfeited.

If an otherwise compliant Farmer’s Agreement is ended early by the Landowner for operational reasons unrelated to the Farmer’s conduct or breach, a reasonable prorated refund of prepaid fees for the unused portion will normally be provided.


3. PURPOSE & PERMITTED USE

The Plot is intended primarily for farming and agricultural activities.

Farmers may grow vegetables, fruit, flowers, herbs and other crops, improve the soil, harvest their crops and conduct other reasonable agricultural activities.

Farmers may not:

  • conduct illegal activities;
  • use the Plot for residential purposes;
  • use the Plot primarily for unrelated storage;
  • permanently damage or contaminate the land;
  • unreasonably interfere with neighbouring Farmers or Farm operations;
  • conduct unauthorized commercial activities; or
  • use the Plot in a manner inconsistent with the agricultural and community purpose of the Farm.

4. CONDITION OF LAND & FARMING RISK

The Plot is provided as-is.

Farming involves inherent and unpredictable risks including weather, flooding, drainage, drought, pests, disease, wildlife, crop failure, soil conditions, water interruptions, theft and vandalism.

The Landowner does not guarantee crop success, yield, soil performance, uninterrupted water, protection from wildlife, pests, disease or theft, or profitability.

The Farmer assumes responsibility for their farming decisions and agricultural results.


5. ACTIVE USE, MAINTENANCE & ABSENCES

Farmers are expected to actively use and maintain their Plot throughout the growing season.

During peak growing season, Farmers are expected to visit and tend to their Plot at least two times per week.

Missing an occasional visit does not by itself constitute a breach. Weather, travel, illness, emergencies, crop conditions and other reasonable circumstances will be considered.

Farmers expecting an extended absence should notify the Landowner and make reasonable arrangements for continued Plot maintenance.

Farmers are responsible for:

  • controlling weeds;
  • managing pests and disease;
  • maintaining reasonable soil health;
  • preventing invasive plants from spreading;
  • removing spoiled or diseased crops where necessary;
  • keeping the Plot reasonably organized;
  • preventing conditions that negatively affect neighbouring Plots;
  • maintaining structures and materials within the Plot; and
  • keeping the Plot actively used.

A Plot that appears abandoned, severely neglected or has not been meaningfully worked for approximately three consecutive weeks during the active growing season may be considered inactive.

Neglect may include severe overgrowth, unsafe conditions, unmanaged pests or disease, accumulated garbage or conditions negatively affecting neighbouring Plots or Farm operations.

Except where immediate action is reasonably necessary, the Landowner will normally:

  1. notify the Farmer of the concern;
  2. explain what needs to be corrected;
  3. provide a reasonable opportunity to correct it; and
  4. consider termination if the problem is not corrected or repeatedly occurs.

Continued neglect or abandonment may result in termination and reclamation of the Plot without refund.


6. PATHWAYS & PLOT BOUNDARIES

Farmers must respect assigned Plot boundaries.

Farmers may not expand into another Plot, move Plot markers without permission, block shared pathways or place materials where they interfere with Farm access.

Farmers are expected to help maintain pathways immediately surrounding their Plot.

Paths must remain reasonably clear, walkable and safe.

Shared pathways are not part of an individual Farmer’s exclusive Plot.


7. WATER

Reasonable agricultural water use is included unless otherwise agreed.

Farmers must use water responsibly, turn off taps and irrigation equipment, report significant leaks, avoid unnecessary waste and comply with reasonable watering instructions or restrictions.

Water availability is not guaranteed and may be affected by well capacity, equipment failure, maintenance, drought, government restrictions, emergencies or circumstances outside the Landowner’s reasonable control.

Excessive or intentionally wasteful use may result in restrictions, reasonable additional charges where appropriate, or enforcement for repeated misuse.


8. TOOLS, EQUIPMENT & STORAGE

Farmers are generally responsible for their own tools and equipment.

Storage may occur within the Farmer’s Plot or another approved or designated storage area.

Farmers may not permanently occupy shared spaces with personal property without permission.

Shared tools, buildings, equipment and storage areas must be used responsibly.

The Landowner is not responsible for theft, disappearance, deterioration or damage to personal property left on the Farm Property, except where responsibility cannot legally be excluded.


9. SHARED INFRASTRUCTURE

Farmers may have access to designated shared infrastructure such as water systems, pathways, compost areas, storage, greenhouse space, gathering areas and other facilities.

Availability of shared infrastructure is not guaranteed unless specifically included in the Farmer’s arrangement.

Farmers must use shared infrastructure responsibly.

A Farmer may be responsible for reasonable repair or replacement costs for damage caused intentionally or negligently by them or by a person for whom they are responsible.


10. STRUCTURES & ALTERATIONS

Small, ordinary gardening installations may be used where they do not create safety, access or neighbouring-Plot problems.

Significant or permanent structures or alterations require Landowner approval, including sheds, greenhouses, substantial fencing, permanent animal enclosures, major irrigation installations, electrical installations or other substantial improvements.

The Landowner may require an unsafe, abandoned, inappropriate or unauthorized structure to be modified or removed.

Unless otherwise agreed, Farmers are responsible for removing their structures when leaving the Farm.


11. DIGGING, DRAINAGE & INFRASTRUCTURE

Farmers must use reasonable care when digging or modifying their Plot.

Deep digging, trenching, substantial posts, major drainage changes or work that could affect underground infrastructure requires Landowner approval.

Farmers must not knowingly damage water lines, irrigation, electrical systems, drainage infrastructure or other Farm infrastructure.

Farmers may not intentionally redirect significant amounts of water onto neighbouring Plots, pathways, buildings, roads or other Farm infrastructure.

Farmers may be responsible for damage caused by unauthorized or negligent work.


12. SOIL, CHEMICALS, PESTS & DISEASE

Farmers must take reasonable care of the soil and avoid contamination, harmful dumping, long-term soil damage and practices that knowingly spread serious pests, invasive species or disease.

Agricultural chemicals, pesticides, herbicides, fertilizers and similar products must be used responsibly and in accordance with applicable laws and product instructions.

Reasonable precautions must be taken to prevent spray, runoff or other applications from affecting neighbouring Plots, people, animals, water or Farm infrastructure.

Farmers must take reasonable steps to control serious invasive plants, pests, disease and infestations originating within their Plot.

The Landowner may restrict a product or practice, or require treatment, isolation, pruning or removal of affected plants, where reasonably necessary to protect the Farm or neighbouring Plots.

In an urgent agricultural or biosecurity situation, the Landowner may take reasonable immediate action.


13. WASTE, COMPOST & CLEANLINESS

Farmers are responsible for waste created through their activities.

Waste must be placed in appropriate Farm waste, recycling, compost or disposal areas where provided.

Farmers may not dump garbage, abandon materials or equipment, create unsafe piles, place inappropriate materials into compost, or create unreasonable odor, sanitation or pest problems.

Crop residue must be managed appropriately.


14. FARMER RESPONSIBILITY, GUESTS, CHILDREN & PETS

The Farmer is responsible for their own actions, activities and conduct while on the Farm Property.

The Farmer is also responsible for ensuring that guests, family members, volunteers, helpers and other persons they invite or authorize to enter the Farm in connection with their Plot comply with this Agreement and applicable Farm Rules & Community Standards.

Guests must respect Farm safety requirements, Plot boundaries, other Farmers, Farm Property, access restrictions and reasonable instructions from the Landowner or authorized Farm personnel.

To the extent permitted by law, the Farmer accepts responsibility for loss, damage, injury, costs or other consequences caused by their own negligent, intentional or wrongful actions or by persons for whom they are legally responsible.

Damage caused to Farm Property, another Plot, crops, equipment or shared infrastructure through negligent, intentional or unauthorized actions may be charged to the responsible Farmer where legally permitted.

The Landowner may prohibit a guest from returning where their behaviour creates a safety, behavioural, legal or operational concern. Serious or repeated misconduct by a Farmer’s guests may constitute a breach of this Agreement by the Farmer.

Children

Children are welcome when appropriately supervised.

Parents, guardians and accompanying adults remain responsible for children under their supervision.

Children must not be permitted to enter other Plots without permission, interfere with livestock, operate dangerous machinery, damage crops or property, or enter restricted or hazardous Farm areas.

The Farm is an active agricultural property and is not a controlled playground environment.

Pets

Pets remain the responsibility of their owner or supervising Farmer.

Animals must be managed so they do not threaten or unreasonably frighten people, damage crops, enter another Plot without permission, chase livestock, create excessive noise or interfere with Farm activities.

The Landowner may require an animal to be leashed, contained or removed if a safety or nuisance concern develops and may withdraw permission for an animal to be brought onto the Farm.


15. LIVESTOCK

Livestock may only be kept with prior written approval from the Landowner.

Approval may include conditions regarding species, number of animals, enclosure, shelter, location, waste management, biosecurity and animal care.

Farmers keeping livestock are responsible for food, water, shelter, fencing, veterinary care where necessary, animal welfare, manure management, pest management, biosecurity, predator protection, preventing escapes and compliance with applicable laws.

Livestock must not create unreasonable odor, nighttime noise, sanitation, safety or environmental problems.

The Landowner is not responsible for livestock that escape, become sick, are injured, are attacked by predators, die or are stolen, except where responsibility cannot legally be excluded.

If livestock create a significant health, safety, welfare, legal or Farm-management concern, the Landowner may require different containment, relocation, reduction in number or removal.

In an emergency involving animal or human health, disease or immediate danger, the Landowner may take reasonable immediate action.


16. FARM ACCESS HOURS

Normal Farm access is from dawn to dusk, unless otherwise authorized.

After-hours access may be restricted.

Overnight stays require Landowner permission.

This Agreement does not create residential or camping rights. Unauthorized camping, overnight occupancy, squatting or residential use is prohibited.

The Landowner may temporarily restrict access to portions of the Farm for safety, maintenance, emergencies, events or Farm operations.


17. VEHICLES, PARKING & SPEED

Vehicles must use designated access routes, park appropriately, avoid blocking gates, driveways, pathways or Farm equipment, and travel cautiously around people, animals and agricultural activity.

The Farm speed limit is 10 km/h unless otherwise posted or directed.

Repeated unsafe driving may result in loss of vehicle or parking privileges and may constitute a breach of Farm rules.


18. FIRE, BURNING & OPEN FLAMES

Farmers may not start open fires, burn piles, use fireworks or conduct other significant open-flame activities without Landowner permission.

Any permitted activity must comply with applicable fire bans, restrictions and laws.

BBQs, propane appliances and similar equipment must be used safely and may be restricted when conditions create an unacceptable fire risk.


19. COMMUNITY CONDUCT & DISPUTES

Participation in the Microplot program requires reasonable cooperation with the Farm community.

Farmers are expected to communicate respectfully, respect neighbouring Plots and personal boundaries, cooperate regarding shared spaces, avoid harassment, threats, intimidation and unreasonable noise, follow reasonable Farm instructions and avoid unnecessarily interfering with others.

Behaviour that may result in enforcement includes:

  • repeated hostility, aggression, disruption or uncooperative behaviour;
  • harassment, intimidation or threats;
  • repeatedly creating unnecessary conflict;
  • refusing to respect reasonable boundaries;
  • repeatedly interfering with another Farmer’s reasonable use of their Plot;
  • refusing reasonable Farm instructions;
  • creating an ongoing nuisance or disruption; or
  • repeatedly violating Farm Rules & Community Standards.

Ordinary personality differences, disagreements or isolated incidents are not by themselves grounds for termination.

The focus is on serious misconduct or an ongoing pattern of behaviour that materially interferes with the safe, respectful or cooperative operation of the Farm.

Farmers should attempt to resolve ordinary disagreements respectfully where appropriate.

The Landowner may intervene where a dispute continues, someone feels unsafe, another Plot or property is affected, Farm operations are disrupted or Farm rules may have been violated.

The Landowner may establish reasonable boundaries, conditions or instructions to resolve an ongoing problem.

No Farmer has authority over another Farmer merely because they have participated longer, occupy a larger Plot or have greater farming experience.

The Landowner retains final responsibility and authority for management of the Farm Property.


20. EVENTS & COMMUNITY USE

The Farm may host community gatherings, tours, workshops, volunteer days, dinners, educational activities and other authorized events.

Farmers acknowledge that visitors may be present in shared areas and may walk past or view Plots.

Visitors do not automatically have permission to enter an individual Plot or harvest, touch or remove crops.

Reasonable Farm events do not constitute interference with the Farmer’s use of their Plot.


21. HARVESTING & OTHER PEOPLE’S PROPERTY

Farmers may not harvest, take, move, use or intentionally damage another Farmer’s crops, tools, materials or property without permission.

Likewise, other Farmers and Farm visitors do not automatically have permission to enter or harvest from a Farmer’s Plot.

Farm Property may not be taken, removed or used without authorization.


22. COMMERCIAL ACTIVITY

Commercial activity beyond ordinary personal or small-scale farming requires Landowner approval.

This Agreement does not automatically grant retail rights, customer access rights, signage rights, business-address rights, event-vending rights or permission to operate an unrelated business from the Farm.

Farmers remain responsible for permits, licences, taxes and legal requirements applicable to their activities.


23. LEGAL COMPLIANCE

Farmers must comply with applicable municipal, provincial and federal laws.

Farmers are responsible for permits, licences, approvals or insurance legally required for activities they undertake.

Nothing in this Agreement authorizes an activity prohibited by law.

The Landowner may require an activity to stop if it creates a legal, regulatory, insurance or significant safety concern for the Farm.


24. SAFETY & ASSUMPTION OF RISK

The Farmer understands that the Farm Property is a working agricultural environment.

Potential hazards include uneven terrain, mud, holes, irrigation equipment, tools, machinery, vehicles, animals, insects, plants, water, weather, falling branches, structures and agricultural operations.

The Farmer is responsible for exercising reasonable care while on the Farm and for ensuring their guests follow Farm safety requirements.

To the extent permitted by law, the Farmer voluntarily assumes the ordinary risks associated with entering and participating in activities on a working Farm.

Nothing in this Agreement excludes liability that cannot legally be excluded.


25. INSURANCE

The Farmer is responsible for determining whether they require personal, business, agricultural, liability or other insurance for their activities.

Unless specifically agreed otherwise, the Landowner does not provide insurance covering the Farmer’s crops, equipment, livestock, business activities or personal property.


26. LANDOWNER ACCESS, INSPECTION, LOCKS & ACCESS CREDENTIALS

The Plot remains part of the Farm Property.

The Landowner and persons authorized by the Landowner retain the right to access and enter all Plots for reasonable Farm ownership, management and operational purposes.

The Landowner does not require the Farmer’s permission each time a Plot is entered.

Reasons for access may include inspection, safety, maintenance, repairs, water and irrigation systems, utilities, infrastructure, pest or disease concerns, biosecurity, livestock welfare, emergencies, checking Plot conditions, enforcement of this Agreement or Farm Rules, protecting neighbouring Plots and other reasonable Farm-management purposes.

Where practical, the Landowner will respect crops, structures and personal property and avoid unnecessary disturbance.

Locks & Secured Areas

Farmers may install locks, gates or other reasonable security measures for their Plot without prior permission.

However, the Landowner must have access to every Plot and secured area at all times.

The Farmer must provide a working key, combination, access code or other means of immediate entry.

If the access method changes, updated access must promptly be provided.

Landowner access may not depend on the Farmer being present or available.

A Farmer may not intentionally lock out, obstruct or prevent the Landowner or authorized Farm personnel from accessing the Plot.

If immediate access is reasonably necessary and the Farmer has failed to provide a functioning means of entry, the Landowner may take reasonable steps to gain access. The Farmer may be responsible for reasonable resulting costs where access was prevented because they failed to provide the required access method.

Repeated failure to provide access or intentionally preventing Landowner access constitutes a material breach.

Farm-Wide Access Credentials

Farm keys, gate codes or other Farm-wide access credentials provided to a Farmer must be used responsibly and may not be publicly distributed or shared with unauthorized persons.

Lost keys or compromised codes must be reported promptly.


27. DAMAGE TO FARM PROPERTY

The Farmer is responsible for damage caused by the Farmer, or by people, animals or activities under their responsibility, where the damage results from intentional acts, negligence, misuse or violation of Farm rules.

This includes damage to irrigation, fencing, buildings, shared equipment, other Plots, crops, pathways, water systems and other Farm infrastructure.

The Farmer may be required to repair the damage or reimburse the reasonable cost of repair.


28. ENFORCEMENT & TERMINATION

For ordinary maintenance, conduct, community or rule-compliance problems, the Landowner will generally use progressive enforcement.

Depending on the circumstances, this may include:

  1. a conversation, reminder or notice of the concern;
  2. a written warning or request for correction;
  3. a final warning or specific corrective requirement; and
  4. termination if the problem is not reasonably corrected or continues.

The Landowner is not required to issue exactly three warnings.

The seriousness of the issue, previous incidents, attempts to correct it and the Farmer’s response may all be considered.

Except for serious misconduct, the Farmer will normally be informed of the problem and given a reasonable opportunity to correct it.

Serious conduct may result in immediate restrictions, suspension or termination.

This may include:

  • violence or credible threats;
  • serious harassment;
  • theft;
  • deliberate or significant property damage;
  • dangerous conduct;
  • illegal activity;
  • serious animal welfare concerns;
  • major biosecurity risks or intentional contamination;
  • unauthorized residential occupation;
  • deliberately preventing Landowner access; or
  • conduct creating an immediate danger to people, animals or property.

The Agreement may also be terminated for material or repeated breaches including:

  • failure to pay;
  • abandonment or continuing neglect of the Plot;
  • failure to correct Plot conditions after reasonable notice;
  • repeated violation of Farm Rules & Community Standards;
  • an ongoing pattern of hostile, disruptive or uncooperative behaviour;
  • repeated interference with other Farmers;
  • unauthorized commercial activity;
  • unauthorized subletting;
  • serious livestock problems;
  • repeated refusal to comply with reasonable corrective instructions; or
  • other material breaches of this Agreement.

Payments already made are non-refundable where termination results from the Farmer’s breach.


29. ENDING THE AGREEMENT

By the Farmer

The Farmer may stop using the Plot before the end of the lease term.

Unless otherwise agreed, prepaid lease fees are forfeited, no refund is owed for unused months, and the Farmer remains responsible for properly clearing the Plot.

By the Landowner Without Farmer Breach

The Landowner may need to discontinue or materially change the Microplot program because of sale or transfer of the property, Farm reconfiguration, government requirements, infrastructure problems, safety concerns, loss of usable land, changes in Farm operations or other substantial operational circumstances.

Where an otherwise compliant Farmer’s Agreement must be ended early for reasons unrelated to their breach, reasonable notice will normally be provided where practical.

Where appropriate, prepaid lease fees attributable to the unused portion will be refunded on a reasonable prorated basis.


30. RELOCATION OF PLOTS

The Landowner may relocate a Plot where reasonably necessary because of infrastructure, safety, emergency, drainage, construction, Farm reconfiguration or other significant operational requirements.

Where practical, reasonable notice will be provided.

The Landowner will make reasonable efforts to minimize unnecessary disruption and provide a reasonably suitable replacement farming area where circumstances permit.


31. PROPERTY, STRUCTURES & CROPS AFTER TERMINATION

When this Agreement ends, the Farmer must remove their tools, equipment, garbage, required temporary structures, personal property and other materials within the timeframe provided by the Landowner.

The Plot must be left reasonably clean.

Where practical, the Farmer will be given a reasonable opportunity to harvest or remove remaining crops.

This does not create a right to continue occupying or farming the Plot indefinitely after termination.

Property remaining after reasonable notice may be treated as abandoned and removed, stored or disposed of as permitted by law.


32. SUBLETTING & TRANSFERS

The Farmer may not rent out, sublease, sell, permanently transfer control of or allow another person to take over the Plot without written Landowner approval.

Occasional assistance from family, friends or volunteers does not constitute a transfer.


33. OFFICIAL COMMUNICATION & NOTICES

The Farmer must provide current contact information.

Official Farm communications, warnings and notices may be delivered by email, text message, WhatsApp, written notice or another communication method normally used between the Landowner and Farmer.

The Farmer is responsible for keeping their contact information current.


34. FARM RULES & COMMUNITY STANDARDS

The Landowner may establish reasonable operational rules for the safe and effective management of the Farm Property.

These may address parking, vehicle access, pathways, waste, recycling, compost, water use, storage, pets, livestock, guests, children, shared facilities, quiet hours, fire safety, chemicals, restricted areas, biosecurity, security, safety and Farm operations.

Farmers will be informed of material changes.

Operational rules may be updated during the lease term where reasonably necessary for safety, legal compliance, infrastructure, Farm operations or community management.

Operational rules may not be used simply to retroactively increase the agreed lease fee or fundamentally remove the Farmer’s ability to use their Plot.


35. CHANGES TO THIS AGREEMENT

Material changes to financial or fundamental lease terms should be made in writing.

Changes applying upon renewal may include lease fees, payment schedules, Plot assignments, included resources and other lease conditions.

Farm Rules & Community Standards may be updated separately under Section 34.


36. FORCE MAJEURE & FARM EMERGENCIES

Neither party will be responsible for failure to perform an obligation where performance is prevented by circumstances reasonably outside that party’s control, including fire, flood, extreme weather, natural disaster, disease outbreak, government order, utility failure, major infrastructure failure or comparable emergencies.

The Landowner may temporarily restrict access or Farm activities where reasonably necessary to respond to an emergency.


37. GOVERNING LAW

This Agreement is governed by the laws of the Province of British Columbia and the applicable laws of Canada.


ACCEPTANCE OF AGREEMENT

By accepting this Agreement, the Farmer confirms that they have read, understood and agree to the terms of this Microplot Agreement and the applicable Farm Rules & Community Standards.

To accept this Agreement, the Farmer must email the Landowner with the following statement:

“I, [full legal name], confirm that I have read and agree to the Microplot Agreement dated [DATE] and the applicable Farm Rules & Community Standards.”

Email: gagan@instaberry.ca

Acceptance by email will be treated as the Farmer’s confirmation of agreement to these terms.

The Farmer should retain a copy of this Agreement for their records