Beekeeper:

The trustee for the Nyers Family Trust (ABN 18 904 346 012) trading as/- Casey Beekeeping & Honey

Attn: Peter Nyers

Address: 18 Bellotto Street, Cranbourne North VIC 3977

Phone: 0403 766 963

Email: peter@caseyhoney.com.au

A Beehive includes:

• 3 'Langstroth’ style full depth 8-frame boxes
• Base, inner lid, migratory cover and emlock fastener
• 8 'Dadant' style internal full depth waxed frames per box
• 1 Queen excluder (subject to season)
• 2 small hive beetle traps
• A health colony of European Honeybees (Apis Mellifera)

Residual Value:

$800.00 per Beehive plus $15 per kilogram of capped honey

Beekeeper's Contribution:

10% of the honey yield per Beehive per annum

In this Agreement unless a contrary intention is expressed:

1. headings and italicised, highlighted or bold type do not affect the interpretation of this Agreement;
2. the singular includes the plural and the plural includes the singular;
3. a gender includes all other genders;
4. other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
5. a reference to a clause, party, annexure or schedule is a reference to a clause of, and a party, annexure and schedule to, this Agreement and a reference to this Agreement includes any clause, annexure and schedule;
6. a reference to time is to Melbourne, Victoria, Australia time;
7. a reference to any legislation includes all delegated legislation made under it and includes all amendments, consolidations, replacements or re‑enactments of any of them, from time to time;
8. a promise, agreement, representation or warranty by two or more persons binds them jointly and severally;
9. a reference to a day is to the period of time commencing at midnight and ending 24 hours later;
10. if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;
11. a reference to '$', 'A$', 'AUD', 'dollars' or 'Dollars' is a reference to the lawful currency of the Commonwealth of Australia.

 

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Host grants the Beekeeper access to the Property for the purpose of hosting a Beehive/s on the following terms:

1. Grant and Use
   
   The Host grants the Beekeeper a non-exclusive licence to setup and maintain the Apiary for the Term, subject to the terms and conditions of this Agreement.
   
   
2. Term
   
   The Agreement commences on the Commencement Date and will continue on a monthly basis, which either party may terminate on one month's notice ending on any day.
   
   
3. Beekeeper's Contribution
   
   The Beekeeper must provide the Host the Beekeeper's Contribution within 30 days of each extraction of honey from the Beehive/s located on the Apiary. The Host acknowledges that the Beekeeper's Contribution is subject to seasonal variation, which may include no contribution for any given period.
   
   
4. Rights
   
   The rights given to the Beekeeper by this Agreement are contractual only and do not give the Beekeeper any estate or interest in the Property. The Host acknowledges that the Beehive/s and any honey yield are the property of the Beekeeper.
   
   
5. Beekeeper's Obligations
   
   The Beekeeper must:
   
   
   1. setup and maintain the Apiary on the Property for the duration of the Term;
   2. only use the Apiary for a purpose consistent with this Agreement, and for no other purpose;
   3. maintain the Beehive/s in accordance with beekeeping best practice and industry guides as referenced in clause 'W' of this Agreement;
   4. comply with the reasonable instructions given by the Host, except to the extent the instructions are inconsistent with the Beekeeper's rights under this Agreement;
   5. repair and make good any damage which may be caused to the Apiary or the Property to the extent caused by the Beekeeper;
   6. obtain and pay for all necessary approvals in relation to the installation of the Beehive/s from all Relevant Authorities and, if requested by the Host, provide a copy of the approvals to the Host;
   7. comply with all applicable laws and the requirements of any Relevant Authority relating to the occupation and use of the Apiary;
      
      
6. Host’s Obligations
   
   The Host must:
   
   
   1. provide the Beekeeper access to the Apiary to fulfil any obligations noted under clause 'E';
   2. use best endeavours to agree on dates and times for access;
   3. provide a constant source of water for the bees;
   4. promptly notify the Beekeeper if the bees become too aggressive or if unusual behaviour or conditions are observed;
   5. not move, interfere with or restrict access to the Beehive/s;
   6. not apply any pesticides or other harmful substances in the vicinity of the Apiary or on any blooming plants on the Property. If an emergency spray application is required, the Host must provide the Beekeeper with 5 days’ prior notification for the protection or temporary removal of the Beehive/s.
      
      
7. Prohibitions
   
   The Beekeeper must not:
   
   
   1. do anything in the Apiary which could damage the Property or cause inconvenience, danger, offence or disturbance to other users of the Property;
   2. litter or permit rubbish in or around the Apiary;
   3. do anything which interferes with the Property or use the Apiary for anything other than their intended purpose; or
   4. do anything to contaminate or pollute the Property or the Apiary.
      
      
8. Insurance
   
   The Beekeeper must:
   
   
   1. effect and maintain for the duration of the Term a public liability insurance policy with coverage of no less than $10 million in respect of the Apiary;
   2. if required by the Host, provide appropriate evidence that the Beekeeper has complied its obligations under this clause;
   3. notify the Host immediately if an insurance policy required by this clause is cancelled or an event occurs which may allow a claim or affect rights under an insurance policy in connection with the Apiary.
      
      
9. Access to Apiary
   
   The Beekeeper may access the Apiary for the purpose of installing and maintaining a Beehive/s or to comply with its obligations under this Agreement in respect of the Apiary.
   
   While accessing the Apiary, the Beekeeper must:
   
   
   1. give the Host at least 2 days’ prior written notice of its intention to access the Apiary. (The frequency of access will generally be: September to November – once per fortnight; December to April – once per month; May to August – no inspections required);
   2. obtain the Host's prior consent to carry out any proposed works on or in the Apiary (which consent must not be unreasonably withheld or delayed);
   3. procure all insurances required under clause 'H'.
      
      
10. Indemnities and Release
    
    
    1. The Beekeeper accesses the Apiary and Property at its own risk.
    2. The Host indemnifies the Beekeeper for any loss, damage or destruction of the Beehive/s as a result of any act or omission by the Host. The value of such loss, damage or destruction will be determined by the Beekeeper, acting reasonably.
    3. Without limiting the extent of clause 'J'(II), the Host and Beekeeper release each other from all claims, liabilities, loss or damage, costs and expenses arising from any damage, loss, death or injury occurring in the Apiary and the Property, except to the extent that the same is caused by negligence or breach of this Agreement by either party.
    4. The Host releases the Beekeeper of any liability for injury or death should any person or animal on or near the property receive a bee sting.
       
       
11. Photography and Video Release
    
    
    1. The Host authorises the Beekeeper to take photography and videos of the Apiary and Beehive/s from time to time.
    2. The Beekeeper will ensure that any photography or videos do not identify the Host's private information, such as address and personal details.
    3. The Host understands that all photos and videos that will be taken in this activity are copyrighted by the Beekeeper.
    4. The Host understands that they will not receive any monetary compensation for any photography or videos taken by the Beekeeper.
    5. The Host authorises the Beekeeper to distribute and reproduce the photography and videos for the following purposes: Portfolio showcase, advertising, marketing, branding, educational, digital promotions, website content, online courses, social and print media, other commercial or non-commercial purposes.
       
       
12. Notices
    
    Any notice, demand, approval, consent or other communication under this Agreement (Notice) must be in writing in English, addressed to the relevant party as set out under the Particulars of this Agreement and sent via:
    
    
    1. Text message;
    2. Email;
    3. Hand delivered; or
    4. By regular post.
       
       
13. When Notices considered to be Given and Received
    
    A Notice given in accordance with clause 'L' takes effect when received and is taken to be received:
    
    
    1. If by text message, on delivery;
    2. If hand delivered; on delivery;
    3. If sent from and to a place within Australia by regular post, at 9:00 am on the third Business Day after the date of posting;
    4. If sent by email, at 9:00am on the next Business Day after the date of the email.
       
       
14. Option to Purchase the Beehive/s
    
    
    1. The Host may elect to purchase the Beehive/s at any time during the Term by paying the Residual Value.
    2. After the Host has paid the Residual Value, the Beekeeper will immediately transfer ownership of the Beehive/s to the Host and notify Agriculture Victoria of the transfer.
       
       
15. Warranties
    
    
    1. The Beehive/s will be in good working order and good condition upon delivery.
    2. The Beehive/s are of merchantable quality and are fit for their intended purposes.
       
       
16. Surrender
    
    
    1. At the end of the Term or upon earlier termination of this Agreement, the Host will make the Beehive/s available for collection by the Beekeeper.
    2. If the Host fails to make the Beehive/s available for collection, the Host will pay to the Beekeeper the Residual Value, at which point ownership of the Beehive/s will pass to the Host.
       
       
17. Remedies
    
    On the occurrence of any breach of this Agreement, the Beekeeper will be entitled to pursue any one or more of the following remedies (the "Remedies"):
    
    
    1. Take possession of the Beehive/s, without demand or notice, wherever same may be located, without any court order or other process of law.
    2. Terminate this Agreement immediately upon written notice to the Host.
    3. Pursue any other remedy available in law or equity.
       
       
18. Entire Agreement
    
    This Agreement will constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.
    
    
19. Goods and Services Tax
    
    The Beekeeper confirms that Goods and Services Tax (“GST”) is imposed on all supply made under this Agreement. The Host must pay to the Beekeeper an additional amount equal to the GST payable on or for the taxable supply, which is included in all amounts noted in this Agreement. The Beekeeper will provide the Host a valid Tax Invoice in respect of the supply at or before the time of payment.
    
    
20. Governing Law
    
    This Agreement will be construed in accordance with and governed by the laws of Victoria and the Parties submit to the exclusive jurisdiction of the Victorian courts.
    
    
21. Severability
    
    If there is a conflict between any provision of this Agreement and the applicable legislation of Victoria (the "Act"), the Act will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
    
    
22. Electronic Execution
    
    This Agreement may be executed in counterparts on Jotform. Electronic signatures are binding and are considered to be original signatures.
    
    
23. References
    
    
    1. Agriculture Victoria – Registration of Beehives -https://agriculture.vic.gov.au/livestock-and-animals/honey-bees 
    2. Apiary Code of Practice - https://vgls.sdp.sirsidynix.net.au/client/search/asset/1145118
    3. Australian Beekeeping Guide - https://www.agrifutures.com.au/wp-content/uploads/publications/14-098.pdf
    4. Australian Honeybee Industry Biosecurity Code of Practice - https://beeaware.org.au/wp-content/uploads/2017/09/Australian-Honey-Bee-Industry-Biosecurity-Code-of-Practice.pdf
    5. Australian Honeybee Industry Biosecurity Manual for Beekeepers -https://beeaware.org.au/wp-content/uploads/2019/05/Biosecurity-Manual-for-Beekeepers.pdf 

Beekeeping Safety Guidelines:

Please follow this link to familiarise yourself with Beekeeping Safety Guidelines.