Hicks Dairy Farm
5103 Fish lake Rd. North Branch, Mi 48461
hicksdairyfarm@aol.com
www.hicksorganicfood.com
LEASE AND BOARDING AGREEMENT
Hicks Dairy is defined as the Lessor
The service recipient is defined as the Lessee
Intent of Agreement:
To accommodate the Lessee’s desire to obtain fresh, unprocessed raw milk for his / her and family’s personal
consumption.
Due to Lessee’s current residential zoning, restriction’s and/ or lack of time to care and board for a cow, Lessee wishes
to pursue a one-year lease agreement with Hicks Dairy.
Therefore, Lessee agrees to the following:
1. Lease and Payment:
A. Lessor agrees to lease Cow, to Lessee for $57.00, which is the lease fee for one full year from the date of
signing. The full amount is due from the Lessee upon signing the agreement. The Lessee has the option of obtaining 3
gallons of milk a week per lease from their cow and raw dairy products.
2. Boarding of Animals:
A. Lessor agrees to provide care and boarding for Lessee’s cow on Lessor’s farm for the cost of boarding in the
amount of $7.00 per gallon of milk, Lessee’s receive from their cow. This boarding is due in advance of Lessee’s
receiving share of milk from Lessee’s cow, if any boarding is not paid to date. Care and boarding includes daily milking,
providing shelter, feed, and water, and covering all veterinary expenses.
B. Lessor acknowledges that Lessee may enter Lessee’s premises at reasonable hours and upon reasonable notice
for the purpose of Lessor’s cow.
C. Lessor acknowledges that he will maintain his premises and facility in a good and safe condition at all time that the
Lessee has cows boarded at his facility.
D. Lessee agrees to keep all children in sight and out of harms way while on the farm.
E. Lessee’s understand the milk is to be picked up at a deliver location only. If you live closer to the farm than a
delivery location, you then can obtain your milk at the farm.
F. Lessor has the right to increase boarding fee with the cost of living at any time during the year.
3. Exchange of Cattle
A. The parties agree that Lessor has represented that his purpose in leasing a cow is to obtain milk for personal
use. Therefore, the parties agree that if Lessor’s cow ceases to produce milk while boarded at Lessee’s farm, the
Lessor may exchange the non-producing cow for a lactating cow. Lessor maintains the right to exchange Lessee’s
share of cow to another cow as needed. B. Lessor agrees to breed Lessee’s cow to ensure that the cow continues to
produce milk. Lessor agrees to absorb all associated breeding costs. Lessee agrees that Lessor is entitled to keep all
calves born to Lessee’s cow, whether from originally purchased cow or exchanged cow.
5. Collection and Storage of Milk:
A. Lessor agrees to daily milking of Lessee’s cow and collection and storing the raw milk in the customary fashion.
The parties agree that Lessor may combine Lessee’s milk with milk from Lessor’s cows in one storage unit.
B. Lessee will be entitled to up to three gallons of raw milk per week from Lessee’s cow.
Lessee gives permission to put milk in plastic containers on behalf of the Lessee.
C. The parties agree that because milk is a perishable product, should Lessee fail to recover to retrieve his milk
from Lessor on a weekly basis, Lessor may, without notice to Lessee dispose of the stored milk in any way Lessor
sees fit, including selling the stored milk.
D. Lessee agrees that should Lessee fail to retrieve to pick up his / her stored milk on any given week; the Lessee
is still under obligation to pay boarding fees for that week.
6. Use and Liability:
A. Lessee warrants that all raw milk obtained by Lessee is for his/ her own use only and for no other purpose.
B. Lessee agrees that Lessee is aware of any and all risks that associated with the use and consumption of raw milk.
Lessee agrees that Lessee is personally assuming liability for the consumption if raw milk. Lessee further agrees that
Lessee will educate Lessee’s family members of the risks associated with the use of raw milk, and relieves the Lessor
of this responsibility.
C. Lessor will be held harmless for any incidental, consequential or special damages incurred resulting from the use
of raw milk or which arise from the boarding of Lessee’s cow.
7. Security Interest
A. Lessor and Lessee agree that Lessor will have a security interest in the form of a possessory lien on all cows
boarded on Lessor’s premises as security for any unpaid boarding fees or expenses, which Lessee may occur.
8. Termination of Lease
A Lease and Boarding Agreement terminates 365 days from date of signing and is renewable upon signing of a new
Lease Agreement.
B. Should Lessee desire early termination, request must be put in writing and be received by Lessor 30 days prior
to termination date. Lease fee is non-refundable.
C. Failure by Lessee to pay boarding fees terminates Lease and Boarding Agreement.
D. Any lease not active for 60 days straight will be terminated.
9. Risk of Loss:
A. Risk of loss concerning the cows leased under this agreement will pass to Lessee to Lessee upon signing of this
agreement.
10. Force Majeure
A. Lessor will not be responsible for delays or failure resulting from acts of God; acts of war or civil disturbance,
epidemics, state and federal government action or inaction, fire, earthquake, unavailability of labor, materials, power, or
communication, or other causes beyond Lessor’s reasonable control.
11. Waiver
A. A failure of Lessor to enforce any of his rights under this boarding agreement will not constitute a waiver of
those rights.
12. Choice of Law
A. This contract will be interpreted and enforced with the laws of the state of Michigan.
13. Entire Agreement
A. This agreement represents the entire agreement between the parties.
14. Milk Delivery and Closed Co-Op Agreement
1.
I am agreeing to lease a cow at Hicks Dairy Farm and allowing them to draw off my milk and deliver it to me.
I am agreeing to pay $52.00 fee for a one-year cow lease agreement.
2. I am also agreeing to pay a $5.00 fee to belong to the closed co-op, so Hicks Dairy can provide me with food
products from other local farmers.
Co-op Agreement
A. Co-op agreement I understand I agree to let Hicks Dairy to purchase and deliver local farm products to me.
B. I am allowing them to have my meat butchered at their choice of butchers.
C. All products are an estimated weight.
D. This agreement is between Hicks Dairy and me the consumer.
E. I also will allow Hicks Dairy to make raw dairy products for me from milk and cream from my
Cow lease.
I have read the Cow Lease Contract and agree to all terms of the contract.
I am allowing Hicks Dairy to delivery my milk.
I also agree to read all guidelines and rules on the web site on ordering and understand it is my responsibility to keep
up dated on any changes.
All orders need to be in on time; no late orders will be accepted.
Signature: ___________________________________________
TO BE FILLED OUT BY LESSEE (please print) I have read and understand the cow lease contract and I am agreeing
to board a cow at Hicks Dairy.
Lessee’s Name
Street Address
City, State, Zip Code
Phone Number
Cell Phone
E-mail (PRINT) must have
Signature
Date
All checks need to be payable to Kevin Hicks.
To Be Signed By Lessor/ HICKS DAIRY
Lessors Signature
Date