Twisted Oak Farm Herd Share Sale and Boarding Agreement
Twisted Oak Farm (“Seller”) and Herd Share Member (“Member”) agree as follows:
- SALE AND PAYMENT
Seller agrees to a number of share(s) of the meat and/or dairy cow herd to Member at a cost outlined below.
A. Dairy Herd Shares – “1 share” is sold at a weekly rate of $5.00 ($20/mo) + one-time $5.00 refundable glass deposit for ½ gallon of milk. “2 shares” are sold at a weekly rate of $10.00 ($40/mo) + one-time $10.00 refundable glass deposit for (2) ½ gallon mason jars. Multiple shares can be purchased or add-ons can be acquired on a one-time basis as needed. Dairy products are available and will be provided to shareholders for additional shares.
Member may relinquish their share of the herd back to the Seller by giving Seller 30 day’s written notice of his/her intent. Seller retains ownership of all offspring from the dairy herd. - BOARDING OF ANIMALS
Seller agrees to provide care and boarding for Member’s cows on Seller’s farm for a cost per share. Care and boarding will include providing shelter, feed, water, and milking of cows daily and is included in the cost per share. For safety purposes, visitation of animals and farm is allowed only when the facility operator is present and at a prearranged time. - TRIAL PERIOD
Member and Seller agree to a 30-day trial period, after which either party may opt out of this contract for any reason by submitting written notice to the other party. If Seller or Member opts out, the Seller agrees to refund the $5 glass jar deposit per share upon return or the Member can choose to keep the jar. - COW MANAGEMENT
Animal ownership comes with some risk. The Member is purchasing a share in the medairy herd for the productive lifetime of the animals. The average production life of an animal is 4- 8 years of productive life. When each animal is no longer productive, the animal will be sold or butchered. Proceeds from the sale of the departed cow will be used to replace them with another meat or dairy cow of like value. - COLLECTION AND STORAGE OF MILK
A. Seller agrees to milk Member’s cows daily and collect and store the raw milk in the Member’s ½ gallon mason jars. The parties agree that Seller may combine Member’s milk with milk from all shareholders cows in one storage unit each day. Only fresh milk from that day’s milking will be provided to the Member on their scheduled pick-up day.
B. Member will be entitled to approximately 1/2 gallon of raw milk per Dairy share per week from Seller, to be retrieved and transported by Member at Member’s expense. Member will retrieve milk at least one time per week on a pre-assigned day. Seller must approve of any changes made to this initially agreed upon pickup day.
C. Seller agrees to purchase ½ gallon mason jars with plastic lids for the uniform storage of milk. The Member assumes all responsibility for cleaning, sanitizing, and returning the jars and lids to Seller. The jars will also be washed and sanitize jars and lid again prior to refilling.
D. Seller will hold Member’s milk for 1 day and if not retrieved by Member on 2nd day, it will be removed from the Members milk shed. The parties agree that because milk is a perishable product, should Member fail to retrieve their stored milk from Seller on the agreed day, Seller may, without notice to Member, dispose of the stored milk in any way Seller sees fit.
E. Any changes to the scheduled pick-up day needs to be communicated to the Seller 24 hours in advance. - USE AND LIABILITY
A. Member warrants that all raw milk obtained by Member is for their own personal use only, and for no other purpose.
B. Member agrees that Member is aware of any and all risks that may be associated with the use of raw milk and holds Seller harmless for any damages Member may incur by the use of raw milk. Member further agrees that Member will educate Member’s family members and any other persons drinking their milk of the risks associated with the use of raw milk, and releases Seller from any responsibility for the education of Member’s family members or other persons.
C. Seller will not be responsible for any incidental, consequential or special damages incurred as a result of the use of raw milk or which arise from the boarding of Member’s cows. - SECURITY INTEREST
Member and Seller agree that Seller will have a security interest in the form of a possessory lien on all cows boarded on Seller’s premises as security for any unpaid boarding fees or expenses which Member may incur. - DEFAULT
In the event that Member defaults on his obligation to pay herd share and boarding costs to Seller, Seller may, after giving Buyer notice of default, possess and sell any of Buyer’s shares stored by Seller to offset Buyer’s boarding obligation. - RISK OF LOSS
Risk of loss concerning the cow sold under this Agreement will pass from Seller to Member upon the signing of this agreement. - FORCE MAJEURE
Seller 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; hurricane; earthquake; loss of electrical power, or communication; or other causes beyond Seller’s reasonable control. - WAIVER
A failure of Seller to enforce any of his rights under this herd share agreement will not constitute a waiver of those rights. - CHOICE OF LAW
This contract will be interpreted and enforced in accordance with the laws of the State of Oregon. - ENTIRE AGREEMENT
This agreement represents the entire agreement between the parties and may be modified only by a writing signed by both the parties - EDUCATION RESOURCES
More information can be found online in our Educational Resource page.