1 Lease.
Cow Herd Lessor transfers to Lessee, for a term of one (1) year from the date of the signing of this agreement, is a one tenth of One Percent (1/10th of 1%) leasehold interest in a herd of Eighteen (18) dairy cow and any other cow added during the term of the lease [hereinafter the “Cow Herd”]. This lease agreement shall automatically renew itself upon herd share anniversary every year unless Lessor or Lessee provide written notice of their intent to terminate the agreement at least thirty (30) days prior to that date.
2. Payment.
Lessee shall pay Lessor Ten Dollars ($13 per year, $0.25 per week) for one tenth of one percent interest for the term of the lease, payable yearly for the term of the lease. For each subsequent renewal of the lease, Lessee shall pay a fee agreed upon by both parties at the time of renewal.
3. Care of Herd.
Lessor shall furnish all the feed, pasture, shelter, labor and equipment for caring of the Herd including but not limited to the milking of the Herd, and shall pay necessary veterinary and medical expenses in connection with the care of the Herd. Lessor shall care for the Herd in a business-like manner consistent with practices generally accepted by dairy breeders in the community. 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.
4. Boarding Fee.
Lessee shall pay Lessor Forty Dollars ($9.89) PER WEEK per one tenth of one percent interest for Lessor's labor and expenses in carrying out the terms of this agreement. Lessee shall pay Lessor an agreed upon amount for any additional services requested by Lessee.
5. Jar Fee.
Lessee shall pay Lessor a one time fee of Thirty Dollars ($30.00) for a six pack of wide mouth mason jars.
6. Livestock Lien.
Lessor shall have a special lien on the Herd pursuant to Civil Code § 3051 and §§ 3080 et seq. in accordance with the care provided to Lessee's interest in the Herd.
7. 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.
8. Disposition of Milk.
Lessee hereby directs Lessor, as Lessee's agent, to provide Lessee with his/her share of the milk production from the Herd that is proportionate to Lessee's leasehold interest.
9. Consumption Acknowledgement.
Lessee acknowledges and understands that raw milk 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 California Department of Agriculture and Public Health (CDAPH). Lessee hereby releases Lessor from any responsibility arising from, or relating to Lessee's consumption or distribution of raw milk that was provided by Lessor pursuant to this Lease Agreement.
10. Assumption of Risk and Waiver of Liability.
Lessee acknowledges that there 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, cause of 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 relates 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) the handling or consumption of raw dairy products that Lessor processes at Lessees request from the milk produced by the Herd, (c) visiting or entering the Farm or any premises where the Herd is located, (d) the care and/or boarding of the Herd by Lessor.
11. 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, consumption, 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.
12. 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.
13. Governing Law.
This contractual agreement shall be governed by, construed and enforced in accordance with the laws of California.
14. Rights of the 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.
15. 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.
16. 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.
17. 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.
18.Leasehold Interest. {numberOf} herd share(s)