Woodbridge Dairy Herd Lease Agreement
Lease. Lessor leases to Lessee, for a term of one (1) year from the date of the signing of this agreement, an interest in a herd of 10 dairy cows (hereinafter the “Herd”). This lease agreement shall automatically renew itself on the anniversary date unless Lessor or Lessee provide written notice of their intent to terminate the agreement at least thirty (30) days prior to that date.
Payment. Lessee shall pay Lessor $_______________________ for the term of the Lease.
Care of Herd. Lessor shall furnish all the feed, pasture, shelter, labor and equipment for caring for the Herd and shall care for the Herd in a business-like manner consistent with practices generally accepted. Lessor shall provide pasture whenever possible, and shall not use synthetic materials designed to push production. Lessor shall not be liable to Lessee for any loss of or damage to the Herd or from anything resulting from the care of the Herd by Lessor.
Compensation. Lessee shall compensate Lessor at an agreed upon amount for Lessor’s labor and expenses in carrying out the terms of this agreement.
Ownership. The title and ownership of all animals furnished by Lessor and of their increase and of their replacements shall be retained by Lessor throughout the term of this lease.
Disposition of Milk. Lessee shall be entitled to a percentage of the milk production by the original herd and replacements equivalent to the percentage lease hold interest. Any milk Lessee does not take Lessor may dispense with as permitted by law.
Education. Lessee acknowledges that raw milk may contain harmful pathogens and that its consumption in not recommended by the Center for Disease Control (CDC), the Food and Drug Administration (FDA), or the Michigan Department of Agriculture (MDA). Lessee agrees to educate Lessee’s family about the risks associated with the consumption of raw milk and with the improper storage of raw milk. Lessee releases Lessor from any responsibility for such education.
Assumption of Risk and Waiver of Liability. Lessee acknowledges that there are or may be risks of harm encountered in visiting or entering the Farm 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. Lessee hereby assumes the risk of any and all such harm and also hereby waives any and all right to make, file, or pursue any claim, demand, suit, action, damages, etc. against the Lessor or any of Lessor’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that arises out of or in any way related to any injury, illness, death, loss or damage caused, in whole or in part, by (a) the handling or consumption of raw milk produced by the Herd, (b) visiting or entering the Farm or any premises where the Herd is located, (c) the care and/or boarding of the Herd by Lessor.
Indemnity. Lessee shall indemnify and defend Lessor and shall hold harmless Lessor and Lessor’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 (a) any handling, processing, consumptions, or use of any milk produced by the Herd after it has been retrieved or otherwise obtained by Lessee, (b) the visit by any person that Lessee brings to or causes to visit the Farm or any premises where the Herd is located, (c) any failure on the part of Lessee to comply with the terms of this agreement or with any rules, procedures, directions, orders, etc. of Lessor that are authorized or permitted by this agreement.
Binding. The provisions of this lease shall be binding on the heirs, executors, administrators, and assigns of Lessor and Lessee in like manner as on the original parties unless modified by mutual agreement.
Governing Law. This agreement shall be governed by construed and enforced in accordance with the laws of Michigan.
Rights of Parties. The rights of each party under this agreement may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior expressed written consent of the other party.