Animal Herd Share Legal Disclaimers
The parties agree as follows:
1. Definitions. In addition to other terms defined in this Agreement, for purposes of this Agreement, the
A. “Agister” shall mean Amber Arriaga, Our Family Farms.
B. “Agistment” shall mean pasturing, feeding, maintaining, and caring for the Animal at the Farm Facilities, and making available the Animal’s meat production for the Animal Owners.
C. “Animal” shall mean the pigs referred to above.
D. “Animal Agreements” shall mean, collectively, this Agreement and all other similar agreements.
Signed or agreed to by all other Owners of the Animal.
E. “Owner” shall mean a person who possesses an undivided interest in the Animal.
F. “Animal Owners” shall mean, collectively, all of the Owners of undivided interests in the Animal.
G. “Percentage Interest” shall mean the undivided percentage interest of Owner (or another person) in the Animal determined by dividing the total number of the Owner’s (or other person’s) shares in the Animal by the total number of shares authorized to be sold in the Animal.
1. Summary: You are becoming a member of a Private Organization protected by the 1st amendment, to obtain food of the highest quality including but not limited to Raw Dairy directly from the farmer.
You are choosing for yourself the types of food you want to buy and eat, and you have done your own research on the topic.
You will not pursue any course of legal action against the organization trustees, staff, or the other members for anything pertaining to the foods you obtain in your own choosing.
Your activities and the farms activities with the organization are private and not to be shared with local, state or federal investigative or enforcement agencies.
You are acting as a private member of the organization and not representing any local, state or federal agency whose purpose is to regulate organization business or carry out any enforcement, entrapment or investigation.
Agister possesses farm facilities at 1595 Orchard Rd, Bowie, TX 76230, for the holding, care, and handling of pigs. Owner wishes to board the pig(s) constituting his/her undivided interest in the Animal of pigs (the “Animal”) at the farm Facilities.
Agister has agreed to provide care, boarding, and feed for the Animal at the Farm Facilities. At the point in time in which a owner/member receives farm product from the (Agister) livestock, including but not limited to meat, then such member shall remit to the (Agister) an allocated share of the Agister’s cost incurred by the Agister. The owner understands and confirms that said fee is to reimburse and/or recompense agister for fees incurred for the aforementioned care of the Animal.
2. Share(s) of the Animal.
A. As evidenced by the document attached hereto and titled Swine/Pig Bill of Sale, Owner has purchased one share in the Animal at Fifty dollars ($350.00) per full share. Each Share is entitled to 1/6 portion (16.7%) of the carcass of the swine/pig provided for this event.
B. Owner expressly disclaims any ownership rights to any swine piglets that may be born into the Animal from time to time or meat that may be harvested. Owner acknowledges that swine piglets may or may not become a part of the Animal at the Agister’s discretion and, if the Agister sells the swine piglets, Owner expressly disclaims any interest in the proceeds from that sale.
C. The Cost Share Allocation shall be reset periodically at the discretion of the Agister to account for changes in the Agister’s direct and indirect cost incurred. The Agister shall develop a calculation formula on a rolling adjusted average basis to provide a consistent method for determining the daily Cost Share without volatile adjustments. The Cost Share Allocation shall endeavor to account for all direct and indirect costs incurred by the Agister.
D. The Cost Share Allocation shall be available for members review and posted on the Agister’s website.
3. Duties of Agister. Agister’s duties under this Agreement shall include:
A. Boarding the Animal at the Farm Facilities, and maintaining and caring for the Animal
B. Managing the Animal for the Animal Owners and acquiring and disposing of swine pigs and piglets as needed to maintain the health and production of the Animal;
C. Paying all expenses to maintain and care for the Animal as required above.
D. Providing appropriate reports to apprise Owner of the condition, health, and performance of the Animal.
4. Prohibited Sales of Pork and/or Meat/Indemnification. Agister and Owner acknowledge that certain sales of raw pork and/or meat are prohibited by the State of Texas. Under no circumstances shall either Agister or Owner transfer the ownership or possession of any raw pork and/or meat produced by the Animal in any transaction that would constitute a sale of pork and/or meat in violation of the statutes of the State of Texas and/or the rules of any state agency. Agister and Owner each agrees to indemnify and hold the other harmless for any liability, loss, damage, expense or penalties incurred by the other because of a breach of the provisions of this Paragraph by the indemnifying party. Agister and Owner also understand that Animal share agreements such as this one are recognized by the State of Texas under S.B. 691, Texas Administrative Code.
5. Ownership. A. Owner agrees that ownership in the Animal does not entitle Owner to any rights in real or personal property owned by the Agister or Farm. B. Owner and Owner’s immediate family may visit the Farm Facilities where the Animal is boarded by prior appointment only and agrees that she, he, or they may only visit the Farm Facilities under the supervision, and with the express permission of the Agister.
6. Owner’s Assumption of Risk and Waiver of Claims.
A. Owner understands and acknowledges that raw meats, including, but not limited to pork, may contain harmful pathogens and that its consumption is not recommended by the Centers for Disease Control (CDC), the Food and Drug Administration (FDA), and the Texas Department of State Health Services. Owner agrees to educate Owner’s family members and guests about the risks of consuming or improperly storing raw meats, including, but not limited to pork and releases Agister from any responsibility for the education of Owner’s family members or guests.
B. Owner acknowledges that there may be risks of harm when entering Agister’s premises, including but not limited to visiting and/or interacting with the Animal and other farm animals.
C. By purchasing a spot/seat/”animal share” you are, in effect, 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 Animal Owners, Agister or any of Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that may arise out of, or in any way relate, to any injury, illness, death, loss or damage:(1) caused to the Owner, in whole or in part, by (a) the handling or consumption of raw Pork and/or Meat produced by the Animal; or (b) visiting or entering upon Agister’s premises or any premises where the Animal is located; or (2) to the Animal caused, in whole or in part, by the care and/or boarding of the Animal by Agister.
7. Indemnification. Owner shall indemnify, defend, and hold harmless Agister and Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors and all other Animal Owners against any and all demands, claims, liabilities, suits, actions, causes of action, etc. for any injury, illness, death, loss, costs, or damage that arises out of or relates in any way to (1) any handling, consumption, or use of any Pork and/or Meat produced by the Animal 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 Animal 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.
8. Claims. Should either Agister or Owner seek to assert any claim against the other for any reason in connection with their duties and responsibilities in this Agreement, the nature of the claim shall be made in writing and served on the other party within sixty (60) calendar days of learning of the circumstances giving rise to the claim. Otherwise, such claim shall be waived.
9. Arbitration of Disputes. All disputes, claims, and questions regarding the parties’ rights and obligations under this Agreement are subject to arbitration. A written demand for arbitration may be served by either party on the other within one hundred eighty (180) calendar days after the dispute first arises, including any demand for arbitration served in compliance with a written claim made pursuant to Section
10. The parties shall agree on an arbitrator in accordance with the rules of the American Arbitration Association, and each party shall pay its own arbitration costs, except the costs of the arbitrators shall be shared equally.
11. Termination of Agreement
A. This Agreement may be terminated by either party upon written notice. Such notice shall be given not less than thirty (14) calendar days prior to the date of termination unless caused by catastrophic loss of Animal animals or due to acts of God, and in such case, notice shall be as soon as practicable. Notice shall be given in writing to the address of each party provided in this Agreement and shall expressly state the date that termination is effective.
B. Upon termination of this Agreement by Agister, Agister may purchase Owner’s shares at the price originally paid, less fifty dollars ($50.00) for as a non-refundable deposit.
12. First Right of Refusal. Upon written notice of termination of this Agreement by Owner, Agister has the first right of refusal to purchase Owner’s shares at the price that Owner initially paid Agister for such shares, such option to expire if not exercised by Agister within seven (7) calendar days of the date that notice of termination of this Agreement is provided by Owner. Agister’s failure or decision not to exercise this option shall not constitute a waiver of Agister’s rights to exercise the same option in other Animal Agreements or Animal Transfer Agreements.
13. Force Majeure. Neither Agister nor Owner shall be responsible for any delay or failure of his/her performance under this Agreement if caused by any matter beyond the control of that party, including, but not limited to: government regulations, public emergency, public health emergency or necessity, Animal diseases that result in quarantines or depopulation, legal restrictions, labor disputes and actions related thereto, riot, war, or insurrection, and windstorms, rainstorms, ice storms, snowstorms, floods or any other acts of God.
14. Miscellaneous.
A. Construction. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and gender neutral; the singular, the plural; and vice versa.
B. Governing Law. This Agreement is being executed, delivered, and shall be construed in accordance with and governed by the laws of the State of Texas.
C. Severability. If any provision(s) of this Agreement is invalid, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.
D. Waiver. No express or implied assent or waiver to a breach of any one or more of the provisions above shall constitute a waiver of any succeeding breach.
E. 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.