OUR FATHERS FARM, LLC DAIRY
COW BOARDING and MAINTENANCE CONTRACT Herd Share Agreement
THIS AGREEMENT made on the date of signature and submission, between Our Father’s Farm, LLC whose address is 2664 Deer View Rd. Gretna, VA 24557 (herein called “Our Father’s Farm”), and the name designated on the agreement form and residing at address on the agreement form (herein called "Boarder").
WHEREAS, Our Father’s Farm has facilities at 2664 Deer View Rd. and Hermosa Rd. Gretna, VA 24557 for the holding, caring handling and milking of dairy cows (female
bovines). Said facilities will be used for the maintenance, boarding and milking on behalf of the Boarder and other owners of the dairy animals which will constitute the hereafter defined Herd. Boarder is the owner of an undivided interest in the Herd of dairy cows (herein called the “Herd”) located at Our Father’s Farm facilities. The Herd consists of dairy cows currently in the herd as well as all replacements and any increase or decrease of the dairy cows, as specified in the herd designation. Boarder (together with the owners of all the undivided interests in the Herd who are each entering into an agreement with Our Father’s Farm substantially similar to this one) desires to board the Herd with Our Father’s Farm and to have Our Father’s Farm care for and milk the animals in the Herd and Our Father’s Farm
desires to take on the boarding obligation.
NOW, THEREFORE, for and in consideration of the recitals and the mutual obligations contained in this Agreement, the parties agree as follows:
Definitions: In addition to other terms defined in this Agreement, for purposes of this Agreement, the terms:
- "Boarding" shall mean having possession of, feeding, maintaining and caring for the Herd, milking the Herd and preparing the production of milk from the Herd for pick up by Herd owners or their agent(s).
- "Herd Agreements" shall mean collectively this Agreement and all of the other agreements substantially similar to this one signed by the owners of the remaining
undivided interests in the Herd. - "Herd Owners" shall mean collectively all of the owners of undivided interests in the Herd.
- "Percentage Interest" shall mean the undivided percentage interest of Boarder (or another person) in the Herd determined by dividing the total number of the Boarder's (or other person's) undivided number of shares in the Herd by the total number of shares created and existing from time in the entire Herd.
Status of Herd for Boarding. Upon the execution of agreements substantially similar to this one by the owners of all the ownership interests in the Herd, Our Father’s Farm shall be in possession of the Herd for and on behalf of the owners. Boarding Fees. For boarding the Boarder’s undivided interest in the Herd, Boarder shall pay to Our Father’s Farm a weekly boarding fee equal to the set agreed upon per share amount of the herd owned. The boarding fee shall be paid by Boarder to Our Father’s Farm, on or before the first (1st) day of each month or quarter during the time this Agreement is in effect. The parties agree the amount of the uniform boarding fee is a fair and reasonable charge equal to the actual average costs to be incurred by Boarder for its services to be provided to Our Father’s Farm under this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
Our Father’s Farm Agrees That: Our Father’s Farm shall feed, water and care for the herd in accordance with good farm management practice. Our Father’s Farm shall milk herd during season of lactation, and in a sanitary and appropriate manner cool milk quickly and maintain proper storage temperature. Our Father’s Farm shall make available on an available, and reasonable basis, such amounts of extra milk or amounts and types of value added dairy product when available as may be agreed between the parties, per current price list for providing this service. Our Father’s Farm reserves the option, but is not required, to temporarily replace, at their own expense, any sick, pregnant, out of production, culled or deceased animal in which the Boarder has an interest with another animal of suitable attributes. Boarder (Herd-share owner) Agrees That: Boarder paid Our Father’s Farm for a percentage share in the designated herd, and the set and agreed on amount per week for the boarding and maintenance of their percentage share of the herd, payable on the first day of each month. Boarder understands and agrees that Our Father’s Farm shall have the right on January 1 and July 1 (or as needed) of each year to increase the fee for the remainder of the term to reflect additional costs incurred such as an increase in feed prices, electricity costs, and the like. In the event of extraordinary circumstances, Our Father’s Farm may request a proportional payment to continue maintenance. Boarder will pick up approximately 1 gallon of milk for each share owned once a week at a time and place agreed upon by both parties. Milk will be stored in the half gallon glass jars or plastic jugs. Boarder shall return all glass jars and lids only to Our Father’s Farm in a clean and sanitary condition. Jars shall be cleaned according to the Our Father’s Farm Jar Cleaning Protocol that Boarder has read and signed with the return of this agreement. Boarder will be charged a $2.50 fee for each jar that Our Father’s Farm has to rewash. Boarder understands that jars must be returned each week. Failure to return jars will necessitate the use of plastic substitute, with the accompanying cost billed to the boarder . Replacement of broken jars will be a Boarder expense.
Neither, Our Father’s Farm, its employees, officers or agents shall be liable for any disease, accident, or death of any animal of the herd above, from any cause whatsoever; neither shall, Our Father’s Farm, its employees or agents be liable for any injury or damage to any person, animal or property caused by any animal, his or her agents or employees, from any cause whatsoever. Boarder agrees to indemnify Our Father’s Farm and its officers, employees and agents against any claim for any damages to any person, animal or property caused by animal, Boarder, his or her agents or employees. Boarder enters the premises of Our Father’s Farm solely at his own risk; Our Father’s Farm shall bear no liability to Boarder or damage to Boarder’s property.
Boarder understands that a cow must have 8-12 weeks of being dried off before calving, and that there may be a short period of unavailability or low availability of milk. Production will be distributed equitably among Boarders during the periods of variation of production. Regardless of production, weekly maintenance fees must be kept current.
Boarder is responsible for picking up milk in a regular and timely fashion according to the day assigned and agreed upon with Our Father’s Farm. If there is a problem with pick up time and date the party who needs to change the arrangement is responsible for notifying at least 48 hours prior to the change.
Boarder agrees not to sell any milk or dairy products received from the Herd.
Boarder and Our Father’s Farm mutually agree that: The term of this contract is one year from the date hereof, after which contract shall be automatically renewed for one year terms subject to the notice provisions herein.
Our Father’s Farm shall be responsible for normal and ordinary veterinary expenses, as well as occasional common injury or health problems.
Boarder shall not be liable for damage to Our Father’s Farm property, nor any other liability caused by the herd. In the event either party takes action to enforce any of the terms or conditions of this agreement, it is specifically agreed that the prevailing party’s incurred reasonable attorney’s fees, costs and expenses will be paid by the losing party.
Any offspring born to herd cows are the sole property of Our Father’s Farm and Our Father’s Farm retains the right to manage breeding. Border may not remove any animal from Our Father’s Farm and agrees that in order to maintain share ownership the Boarder must be current in maintenance fee payments unless otherwise agreed in writing between Boarder and Our Father’s Farm.
Life of Share will be for the lifetime of the herd and Our Father’s Farm operation, at depreciating cash value based upon a one (1) year depreciation or until Boarder chooses to relinquish such share back to herd as a whole upon mutual agreement or transfers share to a new shareholder agreed upon by Our Father’s Farm. All share transfers must be agreed to by Our Father’s Farm. At the beginning of the second and each anniversary date thereafter, an additional $25.00 maintenance fee shall be charged to each the benefits and responsibilities of the share continue each year upon renewal. If there are breaks in production due to illness at Our Father’s Farm or an Our Father’s Farm employee will notify Boarder and they may take this opportunity to participate in helping to keep milk production continuing. This agreement may be terminated by either party giving thirty (30) days written notice to the other. If Boarders chooses to terminate this agreement he must either (a) Forfeit his cow share in writing or (b) provide evidence that the share has been transferred to another responsible party, agreed to in writing by Our Father’s Farm, either by gift or sale. If Our Father’s Farm chooses to terminate this agreement, they agree to purchase back cow share at the redemption rate for the time remaining. This document, together with the BILL OF SALE for an Undivided Interest in Dairy Herd, Documentation of Herd Designation, and Signed Protocols, constitutes the entire agreement between the parties, and there are no other agreements between them. This agreement shall be governed by the laws of the Commonwealth of Virginia, both as to interpretation and performance. All terms and conditions of this agreement shall be binding on the parties, their successors, assigns, heirs, administrators, agents, and personal representatives. Share is transferable with above conditions remaining in force.
Our Father’s Farm, LLC DAIRY SERVICES AGREEMENT
Contractual Agreement for the Production of Dairy Products from A Consumer’s Raw Milk
This Dairy Services Agreement (hereinafter “Contract”) is entered into on date this application was submitted (herein called “Owner”), whose address is as entered on the application and Our Father’s Farm, LLC (hereinafter “Provider”). Through this Contract, the Owner agrees to compensate Provider a flat rate for costs of supplies and labor rendered to convert the Owner’s raw milk into customized dairy products as outlined in this Contract. Through this Contract, Provider, with Owner’s consent, agrees to take possession of Owner’s raw milk and through utilization of his/her expertise, knowledge, training, equipment and facilities convert Owner’s raw milk into butter, cream, cottage cheese, cheese and any other customized dairy products agreed upon by Owner and Provider. Provider agrees to provide services concurrent with each milk distribution as outlined in the separate agreement entitled Herd Share Agreement which is hereby incorporated by reference and attached as Exhibit A, to convert Owner’s milk into the dairy product of their choice, as indicated below. Specific dates regarding the provision of the services shall be agreed upon by the Owner and Provider. Owner declares and affirms that he/she owns the raw milk to be used by Provider for the making of dairy products. The Owner agrees to the temporary possession by Provider of that raw milk for the making of these dairy products. It is understood by both parties, and they agree, that Provider’s cost of supplies and labor to produce any dairy product Owner specifies from an amount of milk Owner determines shall be charged at the current rates provided by Our Father’s Farm on website or by request. Both parties understand, and they agree, that payment shall be due concurrent with boarding fees as outlined in the separate agreement entitled Herd Share Agreement. This Contract shall be effective upon execution and shall continue in effect until terminated by either party. This Contract may be terminated by either party by written notice provided to the other party. Such notice shall be given not less than thirty (30) days prior to the date of termination. Such notice shall expressly state the date that the termination is effective. Notice may be given in person or by certified mail to the address of each party provided in this Contract. It is understood by the parties that at all times during the pendency of this Contract that the ownership of the raw milk, and the dairy products to be made from the raw milk, remain the sole property of the Owner. Provider takes no title or legal interest in Owner’s milk and does not have any authority to transfer, assign or sell that title to any third person. It is also understood by the parties that the finished dairy products are not being sold, exchanged, or delivered between the parties, but that Provider is being retained by the Owner solely for the purpose of making customized dairy products. This Contract is entered into and shall be construed under the laws of the Commonwealth of Virginia. If Provider must cease production in order to comply with Commonwealth of Virginia laws or regulations, it shall not constitute a breach of this Agreement.
Our Father’s Farm BILL OF SALE: Undivided Interest in Dairy Herd When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
Our Father’s Farm, LLC (“Seller”), for and in consideration of the sum of one hundred ($100) per share and valuable consideration paid at delivery of this instrument by name listed on application above, whose address is listed above herein after called (“Buyer”), has bargained and sold, and by these presents does grant and covey unto the Buyer the following property, goods and chattels, to wit: An undivided interest of one ( 1 ) units in a specified herd of dairy cattle located at 2664 Deer View Rd. and Hermosa Rd. Gretna, VA 24557 and all replacements and increase of the dairy herd, which herd constitutes and shall constitute all of the specifically designated dairy cattle, producing or dry, including a share in the milk production equal to the number of shares. TO HAVE AND TO HOLD the same unto the Buyer forever, at a depreciating cash value based upon a 1-year depreciation upon which the cash value is zero, or until Buyer chooses to sell such share or relinquish such share back to herd as a whole upon mutual agreement. The Seller covenants and agrees to and with the Buyer to WARRANT AND DEFEND the sale of the undivided interest in the designated dairy herd against all and every person or persons whomever. Upon the beginning of the second year and each anniversary there after a $25.00 share maintenance fee shall be charged. Buyer understands and agrees that in accepting this Bill of Sale the number of cattle in the herd may increase or decrease in which event the Buyer’s percentage interest in the herd may decrease or increase, as the case may be, but in none of those events will Buyer’s number of units constituting the measure of Buyer’s undivided interest in the herd be increased or decreased. The seller holds possession of the herd for and on behalf of the owners. Buyer understands that he is to pick up his share of the milk production and any value-added products at designated location, at a reasonable time to both Seller and Buyer. This agreement shall be construed exclusively in accordance with and governed by the Constitution of the United States of America based on Common Law sovereignty and shall be governed by the laws of the Commonwealth of Virginia. This agreement shall be in force in conjunction with and not separate from the specific boarding agreement contracted between Seller and Buyer. The receipt and sufficiency of this agreement is hereby acknowledged, IN WITNESS WHEREOF, the Seller has executed this Bill of Sale on this date.
Our Father’s Farm, LLC DAIRY HERD SHARE JAR CLEANING PROTOCOL (for glass jar customers only).
- You will need to purchase glass jars and lids though us or provide the exact same type of jar and lid that we use. Each share will require 4 half gallon jars. Two will be brought to the pick up site cleaned, dry and ready for filling and two will be picked up full of milk. We recommend you purchasing a few extra so that you don’t have to clean jars at the last minute.
- Cleaning is very important. Your cleaned jar will sit with the lid on for a week before being filled with fresh milk. If the jar is not cleaned and dried well it may take on an odor that will affect your milk. Please make sure your jars are clean and dry before returning them. ~ Washing dairy with warm water (not hot or cold) is the best way to get the residue out. Then clean in dish washer if you like. Take care to clean around the lip of the jar and the bottom of the lid. ~ Inspect your jar before returning it to the drop site. If it has any smell other than clean, it needs rewashing.
- Make sure your name is clearly marked on the jar lid for easy identification.
- If a jar breaks during your pickup or while in your care, it’s your responsibility. You will need to handle the clean up at the pickup site. And purchase a replacement jar.
- If you don’t return empty jars the day of or after pick up, you will receive your milk in plastic jugs the following week.
I have read and understand the above jar cleaning protocol and will abide by them when cleaning, storing and returning my jars to Our Father’s Farm. Click on the icon below to open a pdf version or a printed copy of this agreement is available upon request.