1. DEFINITIONS Agister is the farmer who provides the dairy cow boarding service.
2. SALE AND PAYMENT Agister agrees to sell share(s) in a named dairy cow, to Owner at the one time non-refundable price. Agister records updates to share information per owner request.
3. BOARDING OF ANIMALS
A. Agister agrees to provide care and boarding for Owner’s cow on Bartlett Farms for the boarding fee corresponding to the noted share(s) or share fraction, due monthly prior to delivery. Care and boarding will include providing shelter, feed, water, and milking of the cow daily.
B. Agister manages routine cow health with the boarding fee, whereas veterinarian costs, if any, will be distributed to the cow-share owners.
C. Agister acknowledges that Owner may enter his premises at reasonable times and upon reasonable notice for the purpose of inspecting Owner’s cow(s).
4. ASSIGNMENT OF CALVES
A. The parties agree that Owner has represented that his purpose in purchasing Agister’s cow-share is to obtain milk, cream, butter, cheese or other milk products for personal use. Therefore, the parties agree that if the Owner’s cow(s) calves, the calf(ves) will be the possession of the Agister and no boarding fees will be charged to the Owner for the calf(ves).
B. Animal ownership comes with some risk. The Owner is purchasing a share for the productive lifetime of the cow. When the animal is no longer productive, the Owner will have first option in the next open share. The share price is not refunded in this event.
5. COLLECTION AND STORAGE OF MILK
A. Owner and Agister acknowledge that the sale of raw milk is prohibited by the State of North Dakota. Under no circumstances shall either Agister or Owner transfer the ownership or possessions of any milk or milk product from this share (s) or share fraction in any transaction that would constitute a sale of milk or milk product. Agister and Owner each agree to indemnify and hold the other harmless for any liability, loss, damage, expense or penalties which are incurred by the other because of a breech of the provisions in this section by the indemnifying party. Under no circumstances may the acquisition of any owner’s share of the milk or milk products produced from the owner’s cow be construed as sale of milk or milk products, because an owner cannot buy from himself what he already owns.
B. Agister agrees to milk Owner’s cow(s) daily and collect and store the milk or milk product(s) in the Owner’s containers. The parties agree that Agister may combine Owner’s milk or milk product(s) with milk or milk product(s) from other cow-share owners and Agister’s cows in one storage unit.
C. One cow produces approximately an average of 24-25 gallons of milk per week, 10 months per year, therefore, Owner can expect about one half gallon of milk per week, per share, from Agister for 10 months per year. Cow milk production varies and therefore available milk and milk products per share corresponds to actual milk produced during each week. Owners may choose to store frozen milk or milk products to cover dry periods or purchase shares in another cow with a different dry period when available. Owner will retrieve milk at least one time per week and milk products at least once each month from the Agister’s premises, or make arrangements for delivery.
D. Owner agrees to purchase from Agister glass jars with lids or high quality plastic dairy containers for the uniform storage and handling of milk and or cream. The Owner assumes all responsibility for cleaning, sanitizing, and returning the jars and lids to Agister for refilling.
E. The parties agree that because milk and milk products are perishable products, should Owner fail to retrieve his stored milk and milk products from Agister on at least a bi-weekly basis. Agister may, without notice to Owner, dispose of the stored milk and milk products in any way Agister sees fit.
6. SECURITY INTEREST AND DEFAULT
A. Owner and Agister agree that Agister will have a security interest in the form of a possessory lien on all cows boarded on Agister’s premises as security for any unpaid boarding fees or expenses which Owner may incur. In the event that Owner defaults on his obligation to pay boarding costs to Agister, Agister may transfer cow-share ownership to Agister and possess and dispose of any of Owner’s milk stored by Agister.
7. RISK OF LOSS
A. Risk of loss concerning the cow sold under this Agreement will pass from Agister to Owner upon the signing of this agreement. The electronic signature is accomplished by check box by the logged in user, where the system records the personal contact information and date.
8. FORCE MAJEURE
A. Agister will not be responsible for delays or failure to perform resulting from acts of God; acts of war or civil disturbance; epidemics; governmental action or inaction; fire; earthquake; unavailability of labor, materials, power, or communication; or other causes beyond Agister’s reasonable control.
A. A failure of Agister to enforce any of his rights under this boarding agreement will not constitute a waiver of those rights.
10. CHOICE OF LAW
A. This contract will be interpreted and enforced in accordance with the laws of the State of North Dakota.
11. ENTIRE AGREEMENT
A. This agreement represents the entire agreement between the parties, and may be modified only by a writing signed by both the parties.
12. OWNER’S ASSUMPTION OF RISK AND WAIVER OF CLAIMS
A. Owner understands and acknowledges that any milk or milk product may contain harmful pathogens and that the benefits of raw organically produced milk consumption have not yet been acknowledged by the Centers for Disease Control (CDC), the Food and Drug Administration (FDA), or the North Dakota Departments of Agriculture and Health. Owner agrees that Owner will educate Owner’s family members about the risks associated with the consumption of milk and milk products and with the improper storage of milk and milk products and releases Agister from any responsibility for education of Owner’s family members.
B. Owner understands and acknowledges that there are or may be risks of harm encountered in visiting or entering Agister’s premises or any other premises where the cow(s) is/are located including but not limited to visiting and/or interacting with the cow(s) and/or other animals that may be found in the vicinity of the cow(s).
C. By signing this Agreement, Owner hereby knowingly and voluntarily assumes the risk of any and all such harm and also hereby waives any and all right to make, file, or pursue any claims, demands, suits, actions, causes of action, damages, etc. against the other cow-share owners, Agister or any of Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that arise out of or in any way relates to any injury, illness, death, loss or damage caused, in whole or in part, by (1) the handling or consumption of raw milk and milk products produced by the cow(s) and/or (2) visiting or entering upon Agister’s premises or any premises where the cow(s) is/are located.
D. In addition, Owner hereby waives any and all right to make, file, or pursue any claims, demands, suits, actions, causes of action, damages, etc. against the other cow-share owners, Agister or any of Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that arise out of or in any way relates to any injury, illness, death, loss or damage to the cow(s) caused, in whole or in part, by the care and/or boarding of the cow(s) by Agister.
A. Owner shall indemnify and defend Agister and all other cow-share owners and shall hold harmless Agister and all other cow-share owners against any and all demands, claims, suits, actions, causes of action, etc. for any injury, illness, death, loss or damage that arises out of or relate in any way to (1) any handling, consumption, or use of any milk or milk products produced by the cow(s) after it has been retrieved or otherwise obtained by Owner, (2) the visit of any person that Owner brings to or causes to visit Agister’s premises or any premises where the cow(s) is/are located, and/or (3) any failure on the part of Owner to comply with the terms of this Agreement or with any rules, procedures, directions, orders, etc. of Agister that are authorized or permitted by this Agreement.
B. Owner shall also indemnify, defend, and hold harmless Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. against any and all demands, claims, suits, actions, causes of action, etc. for any injury, illness, death, loss or damage that arises out of or relate in any way to (1) any handling, consumption, or use of any milk or milk products produced by the cow(s) after it has been retrieved or otherwise obtained by Owner, (2) the visit of any person that Owner brings to or causes to visit Agister’s premises or any premises where the cow(s) is/are located, and/or (3) any failure on the part of Owner to comply with the terms of this Agreement or with any rules, procedures, directions, orders, etc. of Agister that are authorized or permitted by this Agreement.
A. Owner may terminate their ownership of a cow-share(s) by notifying the Agister and then discontinuing boarding fee payments whereupon ownership transfers to the Agister, or by notifying the Agister and then selling the cow-share(s). Owner agrees to send copy of cow-share sale receipt or equivalent to Agister for recording.
B. Agister may terminate boarding cow-share cows by notifying the Owner and transferring the boarding to another agister or notifying the Owner and selling the cow(s) and paying the Owner the Owner’s portion of the sale income, minus sale expenses.
15. CERTIFICATION STATEMENT
By signing or checking the acknowledgement box to this agreement, I certify under penalty of law, that I am not an employee of any governmental agency, or if I am, I will not use any of the information obtained or derived from Bartlett Farms, Bartlett Farms customers, Bartlett Farms vendors, Bartlett Farms employees or other Bartlett Farms relationships for enforcement or administrative purposes against Bartlett Farms or against any of the past, present or future Bartlett Farms customers, vendors, employees or other relationships.