Dreamgoats Herd Share Contract
This herd share agreement (the or this “Agreement”) is made and entered into this _____ day of _____________, 2020, by and between _________________________, hereinafter designated as “Buyer,” and Dreamgoats L.L.C., hereinafter designated “Seller,” jointly referred to as the “Parties” for the term between June and September 2020 (the “Season”).
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For purposes of this Agreement, the Buyer wishes to have their share of the goat herd boarded and milked by the Seller. The portion of milk received by the Buyer is based on production during the Season (the or their “Share”).
The Parties agree to the following terms:
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Seller agrees that:
Seller will feed, water, and care for the herd of goats at the Ada Christian Schools barn complex (the “Premises”) in accordance with good management practices.
Seller will milk the herd at a frequency consistent with good herd management practices into jars provided by the Seller, using sanitary equipment, keeping the milk clean and fresh, and refrigerating promptly.
If a goat is unable to produce milk, or dies, the goat will be replaced in as timely a fashion as is practical, and the amount of milk per share will be fractionally smaller until this occurs. The Boarding Fees will remain the same. (See attached Fee Schedule)
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Buyer agrees that:
Buyer is aware that a herd share is worth a portion of the herd and that Buyer is not assigned a particular goat in the herd.
Buyer will pay their Ownership Fees and Boarding Fees before the start of the Season or prior to each month of the Share. If the Boarding Fee is not paid and Seller is not notified of delayed payment, Buyer forfeits the ownership of the Share and no money will be returned to Buyer.
Buyer will collect their Share in a prompt and timely fashion or send a representative to pick it up for them, per agreed-upon time and location. If Buyer or Buyer’s representative does not collect the Share at the agreed-upon time and location, their Share is forfeit for that week, unless other arrangements have been made.
Buyer will wash, sanitize, and dry the glass jars provided by Seller and make sure they are returned, sealed with lid, to Seller at the following share pickup time. Buyer recognizes that they are responsible for the cleanliness of their jars.
Buyer enters the Premises solely at their own risk; Seller shall bear no liability to Buyer for damage to Buyer’s property or injury to Buyer.
Neither Seller, nor Seller’s agents shall be liable for any disease, accident, injury or death of goats in the herd, from any cause whatsoever; neither shall they be liable for any injury or damage to any person, animal, or property caused by the goats in the herd, Seller, or Seller’s agents, from any cause whatsoever. Buyer agrees to indemnify Seller and Seller’s agents against any claim for any damages to any person, animal or property caused by the goats in the herd, or Buyer.
If Buyer wishes to sell back their Share, Buyer will not receive reimbursement for any fees paid, but may end their Share with fourteen (14) days’ written notice at any time during the Season and cease to pay their fees beginning the following month. If fourteen (14) days’ advance written notice is given, and Boarding and Ownership Fees were pre-paid in advance for the entirety of the Season, payment will be reimbursed for the remainder of the Season beginning with the following month.
Buyer understands the risks associated with the consumption of fresh, unprocessed milk, and Buyer and their family members, representatives and other recipients of the milk consume it at their own risk. Buyer agrees that they are personally assuming the liability for the consumption of fresh, unprocessed milk and will educate the Buyer’s family members, and representatives who may also consume the milk on a regular basis. Seller is relieved of this responsibility.
Buyer understands that it is illegal to sell raw milk or consumable products containing raw milk. Buyer warrants that all fresh unprocessed milk obtained by Buyer is for their own personal use and for no other purpose.
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Buyer and Seller mutually agree that:
The term of this contract is for the Season as defined above, unless Buyer or Seller gives written notice of cancellation, or written notice of extension under the same terms.
Buyer hereby relinquishes all control of veterinarian services to Seller. Buyer has no control over what goats are fed, when the goats are vetted, vaccinated, bred, dried off, and also has no control over or ownership of offspring. All control and management of the herd is relinquished to Seller.
Buyer shall not be liable for damage to Seller’s property caused by any member of the herd.
If a goat or goats is (are) unable to produce milk or if production decreases for whatever reason, or if Buyer or Seller finds the milk to be contaminated, Buyers will be informed and their Share will be fractionally smaller until the goat or goats are replaced or until the goat(s) is(are) producing normally again. Any contaminated milk will be disposed of.
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 parties incurred reasonable attorneys’ fees, costs and expenses will be paid by the losing party.
This Agreement may be terminated by either party giving at least fourteen (14) days’ written notice to the other. This document along with the Fee Schedule constitutes the entire agreement between the Parties, and there are no other agreements between them.
This Agreement shall be governed by the laws of Michigan, 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. This Agreement cannot be assigned or conveyed by Buyer.
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Signature of Buyer Date
Buyer’s Print Name: ________________________________
Buyer’s e-mail: _____________________________________
Buyer’s phone number: _____________________________
__________________________________________________ ___________________________
Signature of Seller Date
Seller’s Name: Dreamgoats L.L.C.
By: Leah Sienkowski
Its: Manager
Seller’s e-mail: thedreamgoats@gmail.com
Seller’s phone number: (616) 780-7401
Dreamgoats Herd Share Fee Schedule
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Boarding Fee:
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Please Check One of Each Category
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1/10th Herd Share
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$80 per month
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________
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1/20th Herd Share
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$40 per month
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________
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1/40th Herd Share
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$20 per month
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________
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Ownership Fee:
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Whole Share (roughly 1 gallon/week)
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$16/month
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________
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Half Share (roughly 1/2 gallon/week)
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$8/month
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________
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Quarter Share (roughly 1 quart per week)
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$4/month
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________
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Pick up Location and Fee:
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Ada Christian Schools barn complex
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No Charge
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________
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EGR pickup
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$10/month
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________
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Westside pickup
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$10/month
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________
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Total Monthly Fee:
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$________
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__________________________________________________ ___________________________
Signature of Buyer Date
Buyer’s Print Name: ________________________________
Buyer’s e-mail: _____________________________________
Buyer’s phone number: _____________________________
__________________________________________________ ___________________________
Signature of Seller Date
Seller’s Name: Dreamgoats L.L.C.
By: Leah Sienkowski
Its: Manager
Seller’s e-mail: thedreamgoats@gmail.com
Seller’s phone number: (616) 780-7401
