Agistment Agreement
An adjustment agreement is an agreement for someone to manage and care for livestock covered under a Herd Share Agreement
Example for Meat CSA
HERD AGISTMENT AGREEMENT
THIS AGREEMENT, made this _____ day of _____________, ______, by and between Jacob Springs Farm (Agister) and ____________________(Owner). Recitals Agister (the person who will pasture and control the Herd; feed, maintain and care for the Herd; and prepare the production of the Herd for pick up by herd owners or their agents) possesses facilities at 7602 Arapahoe Road, Boulder, Colorado 80303 and leased properties nearby which together constitute the “Facilities”, for the holding, caring for, and handling the livestock. Owner has an undivided interest in a herd of two (2) steers, twelve (12) lambs, six (6) hogs, ninety-six (96) chickens, twenty-four (24) turkeys and any replacements, substitutions and increase of the livestock (the “Herd”) and desires to board the cows constituting Owner’s undivided interest in the Herd at the Facilities. Agister has agreed to provide care and boarding for the Herd at the Facilities for a fee. Owner (together with the Herd Owners of all the undivided interests in the Herd, each of whom is entering into this or a similar agreement with Agister) desires to board livestock constituting Owner’s undivided interest in the Herd with Agister and to have Agister pasture, and care for the Herd.
NOW, THEREFORE, it is agreed as follows: 1. Definitions. In addition to other terms defined in this Agreement, for purposes of this Agreement, the words: A. “Agister” shall mean the person who will pasture and control the Herd at the Facilities; feed, maintain and care for the Herd; and prepare the production of the Herd for pick up by Herd Owners or their agents. B. “Agistment” shall mean pasturing and controlling the Herd at the Facilities; feeding, maintaining and caring for the Herd and preparing the production from the Herd for pick up by Herd Owners or their agents. C. “Herd” means the livestock referred to in the Recital above, augmented annually by any increases (male as well as female) and replacements, and diminished annually by any decreases. D. “Herd Agreements” shall mean collectively this Agreement and all of the other substantially similar agreements signed by the owners of the remaining undivided interests in the Herd. E. “Owner” shall mean the person who possesses an undivided interest in the Herd. F. “Herd Owners” shall mean collectively all the owners of undivided interests in the Herd. G. “Percentage Interest” shall mean the undivided percentage interest of Owner (or another person) in the Herd determined by dividing the total number of the Owner’s (or other person’s) shares in the Herd by the total number of shares authorized to be sold in the Herd. 2. Boarding Fees.
For boarding his/her undivided interest in the Herd, Owner shall pay to Agister a boarding fee of ____________ dollars ($_____) for the period between the obtainment of the livestock until the liquidation of the Herd.
3. Duties of Agister. In addition to any other duties provided in this Agreement, Agister shall have the following duties in connection with the boarding of the Herd until the release of these duties at the fulfillment of the agreement: A. To board the Herd at the Facilities and to provide any other reasonable services required by this Agreement or requested by the Herd Owners; B. To maintain and care for the Herd using sound practices in accordance with the herd health standards to appease the Owner’s wishes for the Herd; C. To manage the Herd for and on behalf of the Herd Owners and to acquire and dispose of livestock as shall be necessary to maintain the health and productive capacity of the Herd; D. To provide reports to Owner as shall be appropriate to apprise Owner of the condition of the Herd and any other information that will be useful to Owner regarding the health and performance of the Herd.
4. Ownership; Transfer. A. Owner specifically represents and warrants to Agister that Owner has acquired his/her interest in the Herd for Owner’s own use and benefit. B. Owner shall at no time and under no circumstance sell or exchange any of Owner’s interest in the production from the Herd and shall at all times use the Owner’s share of production for Owner’s own use. Because all of the Herd Agreements are interdependent and cannot function without all interests in the Herd being covered by them, notwithstanding the foregoing, if any court orders a transfer or assignment of an interest, the Court is requested to make the transfer or assignment subject to the terms of the Herd Agreement. 5. Owner’s Assumption of Risk and Waiver of Claims. A. Owner understands and acknowledges that herd meat products may be processed cooperatively by herd owners, volunteers and/or Agister (upon request of herd owner) whose operation and facilities are not inspected or certified to handle meat for retail sale and that there may be risks associated with the consumption of Herd meat products. B. Owner understands and acknowledges that herd meat products may contain harmful pathogens and that its consumption is not recommended by the Centers for Disease Control (CDC), the Food and Drug Administration (FDA), or the Colorado Department of Public Health and Environment (CDPHE). Owner understands that Agister’s operation is not regulated by the State of Colorado and is not subject to inspection by CDPHE or federal agency. Owner agrees that Owner will educate Owner’s family members about the risks associated with the consumption of meat products and with the improper storage of meat products and releases Agister from any responsibility for education of Owner’s family members.
C. 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 Herd is located including but not limited to visiting and/or interacting with the Herd and/or other animals that may be found in the vicinity of the Herd.
D. 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 Herd 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 meat produced by the Herd, and/or (2) visiting or entering upon Agister’s premises or any premises where the Herd is located.
E. 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 Herd 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 Herd caused, in whole or in part, by the care and/or boarding of the Herd by Agister. 6. Indemnification.
A. Owner shall indemnify and defend Agister and all other Herd Owners and shall hold harmless Agister and all other Herd 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 meat produced by the Herd 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 Herd is 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 meat produced by the Herd 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 Herd is 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.
C. Agister shall indemnify, defend and hold harmless Herd Owners for any loss, death, injury, damage, liability or expense caused by any animal in the Herd, in which Owner has an interest, to the person or property of any third parties.
7. Claims. In the event that either party to this Agreement seeks to assert any claim against the other party for any reason in connection with this Agreement or the activities of the other party under it, the party asserting claim shall, within one hundred eighty (180) days of learning of the circumstances giving rise to the claim, reduce it to writing (stating the nature of the claim and amount of relief sought) and serve it on the other party. Any claim for liability under this Agreement not made in compliance with this Paragraph is waived. 8. Arbitration of Disputes. All disputes, claims, and questions regarding the rights and obligations of the parties under the terms of this Agreement are subject to arbitration. Either party may serve on the other a written demand for arbitration within one hundred eighty (180) days after the dispute first arises. Any demand for arbitration of a claim served in compliance with Paragraph 7 above shall be contained within and served with the written claim. The arbitration shall be conducted by three arbitrators (one appointed by Agister, one by Owner, and a third by the other two arbitrators) in accordance with the rules of commercial arbitration of the American Arbitration Association. Each party shall pay its own costs in connection with the arbitration, and costs of the arbitrators shall be paid in equal amounts by the parties. 9. Effective Date and Duration. This Agreement shall be effective upon execution and shall continue in effect until Herd is entirely liquidated. 10. Force Majeure. Notwithstanding anything to the contrary in this Agreement, neither Agister nor Owner shall be responsible for any delay or failure of its performance under this Agreement if the delay or failure is caused by any matter beyond the control of either party, including, but not limited to, government regulations, public emergency or necessity; legal restrictions; labor disputes and actions related thereto; riot, war, or insurrection; and windstorms, rainstorms, snowstorms, floods or other acts of God. 11. Miscellaneous. A. Construction. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and neuter gender; the singular, the plural; and vice versa. B. Governing Law. This Agreement is being executed and delivered in the State of Colorado and shall be construed in accordance with and governed by the laws of such state. C. 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. D. Notice. Any notice required by this Agreement shall be in writing and served by registered mail (return receipt requested) to the recipient’s address shown on this Agreement or contained in Agister’s business records. Receipt shall be effective as of the day after mailing. E. 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. F. Entire Agreement. This Agreement constitutes the entire contract between the parties and may not be modified or amended except in writing signed by both parties. G. 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. H. Incorporation by Reference. All schedules, exhibits and attachments referred to in this Agreement are incorporated by reference and made a part of this Agreement. I. Assignment. This Agreement and each of its provisions shall inure to the benefit of and be binding upon the parties, their successors and permitted assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates shown below to be effective on the date or dates described above.
