Member Terms & Agreement
Herd Share Agreement
1. Lease
Lessor transfers to Lessee a one-thirtieth (1/30th) leasehold interest in Cinnamon, a Jersey dairy cow with ear tag #33 born in 2021 [hereinafter the “Cow”]. This lease agreement shall automatically renew itself on the anniversary date unless Lessor or Lessee provide written notice of their intent to terminate the agreement at least thirty (30) days prior to that date.
2. Buy In Payment
Lessee shall pay Lessor thirty dollars ($30) per 1/30th interest (1 Herd Share) for the term of the lease, payable either in cash or Venmo for the term of the lease. For each subsequent renewal of the lease, Lessee shall pay a fee agreed upon by both parties at the time of renewal.
3. Care of Cow
Lessor shall furnish all the feed, pasture, shelter, labor and equipment for caring of the Cow and shall pay necessary veterinary and medical expenses in connection with such cow. Lessor shall care for the Cow in a business-like manner consistent with practices generally accepted by dairy breeders in the community. Lessor shall not be liable Lessee for any loss of or damage to the Cow or from anything resulting from the care of the Cow by Lessor.
4. Boarding Fee
Lessee shall pay Lessor seventy two dollars ($72) per month per one-thirtieth (1/30th) interest (1 Herd Share) for Lessor’s labor and expenses in carrying out the terms of this agreement. Lessee shall pay Lessor an agreed upon amount for any additional services requested by Lessee. This amount may be prorated dependent on starting date of the lease. A bottle fee will be assessed at $5 per bottle not returned to the Farm.
5. Ownership
The title and ownership of any animals furnished by Lessor and of their increase and of their replacements shall be retained by Lessor throughout the term of this lease.
6. Disposition of Milk
All milk produced by the original cow, replacements of such cow supplied by Lessor and the increase of either during the term of this lease agreement shall belong to Lessee. Any milk Lessee does not take Lessor may dispense with as permitted by law.
7. Special Services
Should Lessor determine that special services are reasonably necessary, or should Lessee request Lessor to perform any special services beyond the boarding required under this Agreement, Lessor and Lessee shall agree as to the amount of charges, if any, in addition to the monthly boarding fee, to be paid by Lessee to Lessor for the special services.
8. Education
Lessee acknowledges that raw milk may contain harmful pathogens and that its consumption is not recommended by the Centers for Disease Control (CDC), or the Food and Drug Administration (FDA). Lessee agrees to educate Lessee’s family members about the risks associated with the consumption of raw milk and with the improper storage of raw milk. Lessee releases Lessor from any responsibility for such education.
9. Assumption of Risk Waiver of Liability
Lessee acknowledges that there are or may be risks of harm encountered in visiting or entering the Farm or any other premises where the Cow is located including but not limited to visiting and/or interacting with the Cow and/or other animals that may be found in the vicinity of the Cow. Lessee hereby assumes the risk of any and all such harm and also hereby waives any and all right to make, file, or pursue any claim, demand, suit, action, cause of action, damages, etc. against the Lessor or any of Lessor’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that arises out of or in any way relates to any injury, illness, death, loss or damage caused, in whole or in part, by (a) the handling or consumption of raw milk produced by the Cow, (b) the handling or consumption of raw dairy products that Lessor processes at Lessee’s request from the milk produced by the Cow, (c) visiting or entering the Farm or any premises where the Cow is located, (d) the care and/or boarding of the Cow by Lessor.
10. Indemnity
Lessee shall indemnify and defend Lessor and shall hold harmless Lessor and Lessor’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 (a) any handling, processing, consumption, or use of any milk produced by the Cow after it has been retrieved or otherwise obtained by Lessee, (b) the visit by any person that Lessee brings to or causes to visit the Farm or any premises where the Cow is located, (c) any failure on the part of Lessee to comply with the terms of this agreement or with any rules, procedures, directions, orders, etc. of Lessor that are authorized or permitted by this agreement.
11. Binding
The provisions of this lease shall be binding on the heirs, executors, administrators, and assigns of Lessor and Lessee in like manner as on the original parties unless modified by mutual agreement.
12. Governing Law
This agreement shall be governed by construed and enforced in accordance with the laws of Virginia.
13. Rights of the Parties
The rights of each party under this agreement may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior expressed written consent of the other party.
14. Severability
If, for any reason, any provision or provisions of this agreement are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation or affect those portions of this agreement which are valid.
15. Captions
The captions of sections and subsections contained in this agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this agreement.
16. Waiver
No assent or waiver, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding breach.