Farmer program waiver

Perishable Food Recovery Program
Recipient Farmer Agreement

Part One: Program Overview

Congratulations! You’ve been selected to participate in the perishable food recovery program for farmers. By participating in this program, you agree to the program requirements:

  • Attend the charity facility during your designated weekly pickup time slot(s)
  • Accept all food designated as animal feed (this will consist of produce, bakery, and/or dairy products), and take ALL the animal feed donation bundles (no sorting or depackaging at the food bank);
  • Properly dispose of all food packaging as required by your municipal waste disposal regulations.
  • Agree not to eat or resell product, and use donated product in accordance with the CFIA Recycled Food Products regulations.

If you cannot pick up on your scheduled day, please coordinate another farmer to pick up or contact us before 12:00 pm (noon) that day. If you miss your pickup twice without the requisite notice, you will lose your regular spot to another farmer and be unable to continue in the program.

Part Two: Release Waiver

By this agreement entered into on the Effective Date, between (the “Organization”) and the signee of this document, the Recipient Farmer, with Mesh Exchange Inc. (dba FoodMesh) acting as administrator and program facilitator:

In compliance with the Feed Act and Recycled Food Product Guidelines of the Canadian Food Inspection Agency (CFIA), the Recipient Farmer may receive prepared, perishable or non- perishable culled product (the “Culled Product”) from the Perishable Food Recovery Program (the “PFR Program”), a project of the Organization, through the PFR Program, such culled product being obtained through the PFR Program from donors (the “Donors”). Recipient Farmer, in consideration of the supply of culled product by the PFR Program to Recipient Farmer and other valuable information, warrants and agrees as follows:

Obligation of Recipient Farmer

  1. Responsibility for Providing Safely Culled Product to Animals:
    1. As between Recipient Farmer and the Organization, Recipient Farmer bears the sole responsibility for deciding whether or not to provide the culled product to animals for consumption.
  2. Trained Staff to Inspect Culled Product
    1. Recipient Farmer will ensure its staff are trained to inspect all culled product received through the PFR Program and prior to consumption to ensure the fitness for consumption of the culled product.
  3. Compliance with Guidelines
    1. Recipient Farmer will comply with and observe all guidelines issued to Recipient Farmers from time to time respecting the PFR Program and any relevant Health Authority.
  4. Redistribution Restriction
    1. Culled Product supplied to the Recipient Farmer is to be used only for the purpose defined in the Recipient Farmer Agreement. Redistribution to other organizations, sale or any other use not specifically defined in the Farmer Agreement is strictly prohibited.
  5. Responsible Disposal of Food Packaging Materials
    1. It is understood that the Recipient Farmer will make every effort to responsibly dispose of any packaging materials contained with the culled product, such as recycling or composting to reduce environmental impacts.
  6. Picking up Culled Product on Arranged Dates
    1. It is the responsibility of the Recipient Farmer to pick up culled product at the Organization, by the designated time provided. If the Recipient Farmer is unable to pick up culled product on their arranged day, they must make every effort to notify the Organization by 12:00 pm on that day. If the Recipient Farmer misses their arranged pickup without notice on more than two occasions, the Organization may terminate this agreement and make alternative arrangements with another Recipient Farmer.

Warranty, Disclaimer, Release and Indemnity

  1. Warranty of Recipient Farmer: as of the date of this agreement and throughout its participation in the PFR Program, Recipient Farmer has and will have:
    1. adequate transportation and storage to ensure the responsible safekeeping of all culled product;
    2. staff with the necessary skills, ability and training to utilize adequate food handling procedures (where any staff are employed or volunteer);
    3. a current agricultural licence from the Province of British Columbia where applicable.
  2. Culled Product “As Is”
    1. All culled product is accepted from the PFR Program and the Donors on an “as-is” basis and without any representations or warranties, either express or implied as to quality or fitness for purpose or otherwise, in connection with the culled product.
  3. Release and Indemnity of PFR Program and Donors
    1. Recipient Farmer hereby releases the Organization, FoodMesh, the Donors and their respective officers, directors, agents and employees (the “indemnities”) of and from any claims, liabilities, causes of action, losses and damages whatsoever arising out of or resulting from the handling, supply, or consumption of the culled product, including, without limitation, claims, liabilities, causes of action, losses and damages for negligence, regardless of who suffers same, and agrees to indemnify each of the Indemnities from and against any and all claims, liabilities, causes of action, losses and damages by anyone arising out of or in any way attributable to:
      1. The Handling, Supply, or Consumption of Any of the Culled Product
    2. In no event will the Organization, FoodMesh, or the Donors be liable to the Recipient Farmer for damages for any incidental, consequential, or special damages, even if caused by the Organization, FoodMesh or the Donor’s negligence and even if the Organization, FoodMesh or the Donor has knowledge of the possibility of such potential loss or damage. If, despite the foregoing limitations, for any reason the Organization, FoodMesh or the Donors become liable to the Recipient Farmer for any damages incurred in connection with the handling, supply, or consumption of any of the culled product, then the aggregate liability of the Organization, FoodMesh and the Donors for all damages, injury, and liability incurred by the Organization or the Donors shall be limited to an amount equal to the value of the culled product which was related to such damage, injury, or liability.

General

  1. Amendment
    1. This agreement may be amended only with the written consent of all parties.
  2. Cancellation of Recipient Farmer Participation
    1. The RFP Program may cease providing culled product to Recipient Farmer at any time at the Organization’s or PFR Program’s sole discretion.
  3. Entire Agreement
    1. This agreement supersedes all previous representations, warranties, dealings, agreements, understandings and expectations of the parties regarding the subject matter hereof, and there are no other representations, warranties, understandings, conditions, agreements, or expectations except as set out herein.
  4. Parties not Agents
    1. Except as otherwise expressly provided in this Agreement, neither party will act as the legal agent for the other or otherwise cause the other to incur liability in any manner whatsoever.
  5. Law
    1. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia.
  6. Severability
    1. If any covenant or provision of this Agreement or of a section of this Agreement is determined by a Court of competent jurisdiction to be void or unenforceable in whole or in part, then such void or unenforceable covenant or provision shall not affect or impair the enforceability or validity of the balance of the Section or any covenant or provision.

Signature Block

Electronically signed and accepted on 28th November 2022 (the “Effective Date”)