Hicks Dairy
5103 Fish lake Rd.
North Branch, Mi 48461
Cow Leasing and Food Co-Op Agreement
The service recipient is defined as the consumer
Intent of Agreement:
To accommodate the consumer desire to obtain fresh, unprocessed raw dairy for his or her and family’s personal
consumption.
Due to the consumer current residential zoning, restriction’s and/ or lack of time to care and board for a cow. Myself
the consumer wishes to pursue a one year lease agreement with Kevin Hicks at his farm Hicks Dairy.
Therefore, I the consumer agree to the following:
1. Leasing and Payment:
A. I agree to pay $57.00 to Kevin Hicks for the cow lease and co-op agreement to obtain raw dairy and food.
The full amount is due upon signing the agreement. The agreement is good for one full year from date of
signing.
B. I understand that I m allowed up to 3 gallons of milk a week along with any other raw dairy that is offered.
C. I give Kevin Hicks (Hicks Dairy) the right to bottle my milk and deliver it to me.
D. I give Kevin Hicks (Hicks Dairy) the right to make me raw dairy products from raw cream and raw milk.
E. I understand payment is due at pick up for all cost of raw dairy I ordered.
F. It is my responsibility to look at pricing on the web site www.hicksorganicfood.com for any product I order.
2. Boarding and payments:
A. You the consumer to agree to pay for all and any raw dairy you ordered. This pays for the cost of care of the
cows providing shelter, feed, water and all veterinary expenses.
B. Kevin Hicks (Hicks Dairy) agrees to maintain his premises and facility in a good and safe condition at all time
that the consumer has a cow leased at his facility.
C. Consumer understands the cow lease agreement for delivery pick up only at one of the delivery locations of
his or her choice. If you live less than 25 mile from the farm you will have the option to pick up your own
dairy at the farm, but the delivery option is voided then.
D. Kevin Hicks (Hicks Dairy) has the right to increase all dairy and food cost any time during the year of your
contract.
Exchange of cattle;
A. The parties agree that the consumer has represented that his or her purpose in leasing a cow is to obtain raw dairy
for personal use. Kevin Hicks (Hicks Dairy) ensures you with a milk by replacing any cows non-producing cow for a
lactating cow.
B. Kevin Hicks (Hicks Dairy) entitled to keep all calves born from the consumer’s cow they have leased at the farm.
3. Collection and Storage of milk:
A. Kevin Hicks (Hicks Dairy) agrees to daily milking of your cow, collection and storing the raw dairy in the customary
fashion. The parties agree that the milk will be stored in one milking unit combined with all other cows milked.
B. The parties agree that because raw milk is a perishable product, should you the consumer fail to recover to retrieve
milk weekly basis, Kevin Hicks (Hicks Dairy) may without notice dispose of the stored milk in any way Kevin Hicks
(Hicks Dairy) sees fit, including selling the stored milk.
4. Use and Liability:
A. Kevin Hicks (Hicks Dairy) warrants that all raw dairy obtained by the consumer is for his or her own use only and
for no other purpose.
B. The consumer agrees that you are aware of any and all risk that associated with the use and consumption of raw
dairy. You the consumer agree that you are personally assuming liability for the consumption of raw dairy. You have
been educated on the risks associated with the use of raw dairy and relieve Kevin Hicks (Hicks Dairy) of this
responsibility.
C. Kevin Hicks (Hicks Dairy) will be held harmless for any incidental, consequential or special damages incurred
resulting from the use of raw dairy or which arise from leasing a cow.
5. Termination of lease:
A. Boarding agreement terminates 365 days from date of signing.
B. Failure to pay for any raw dairy ordered will terminate your cow lease agreement.
6. Force Majeure:
A. Kevin Hicks (Hicks Dairy) will not be responsible for delays or failure from the 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 communications or other causes beyond Kevin Hicks (hicks Dairy) reasonable control.
7. Choice of Law:
A. This contract will be interpreted and enforced with the laws of the State of Michigan.
8. Entire Agreement:
A. This agreement represents the entire agreement between the two parties.
9. I the consumer agree to follow all rules and guidelines listed below and understand it is their responsibility to follow:
A. Orders need to be by noon Saturday prior to delivery day.
B. Raw dairy is a perishable item and you are responsible for all cost on any dairy item order that was not picked up.
C. Kevin Hicks (Hicks Dairy) does not transfer orders from one drop off location to another; if you did not pick up at
the schedule location we do not take the order to another location.
D. If your milk comes back with us we do not store it for you, it is ours to do with what we want.
E. Cancellations need to be in 48 hours prior to delivery, no e-mails it needs be done by phone; 810-241-5093. If you
don’t cancel within 48 hours prior to delivery you then you will responsible on all raw dairy ordered.
F. You are responsible to make sure you have received your full order before leaving. Please bring a copy of your
order to insure you have your full order. We will not be responsible for anything you did not take after leaving the
location.
G. There is a $10.00 re-stocking fee for all food order not picked up that is not raw dairy.
H. No standing orders, an order must be placed to receive raw dairy.
I. Payments for orders are made at pick up with check or cash.
J. All checks need to be payable to Kevin Hicks.
K. $30.00 fee for ALL returned checks
L. Account past due more than 30 days will be subjected to $25.00 late fee.
M. Any account not paid in full within 60 days will be contract will be terminated.
N. If your order was not picked up, I will send you an invoice and a check needs to be mailed and payment received
before another order will be accepted.
O. Farm hours 7 a.m until 6 p.m for phone calls
P. It is you’re the consumer responsibility to keep up on changes to read e-mails.
J. I understand my cow lease and co-op agreements are renewed on a quarterly basis in January first, April first, July
first and October first. If my end year date falls in one those quarters and I choose to renew my cow lease and food
co-op agreement it will be paid by the due date. Failure to pay my renewal on time I will be charged a $25.00 late fee
for filling.
10. Co-Op agreement:
A. I agree to let Kevin Hicks (Hicks Dairy) to purchase and deliver food products to me.
B. I the consumer agrees to let Kevin Hicks (Hicks Dairy) choose a butcher for processing of meat I purchase through
the co-op.
C. I understand all orders need be done directly through the web site www.hicksorganicfood.com or at
hicksdairyfarm@aol.com or with Jenny Samuelson at 810-241-5093.
D. I understand Jenny Samuelson will be receiving all the orders and will be delivery my milk and food at a location I
choose when I place my order.
I have read the Cow lease and Food co-p agreement and agree to all terms
Signature: ______________________________________________
Date:
______________________________________________
To be filled out by the person agreeing to the terms of the Cow Lease and Food Co-Op agreement
Consumer Name: _________________________________________________________________
Street address: ___________________________________________________________________
City, State, Zip Code: ______________________________________________________________
Cell Phone: _____________________________________________________________________
Home Phone: ___________________________________________________________________
E mail address (print) _____________________________________________________________
Kevin Hicks ( Hicks Dairy) have received contract and payment for this agreement on _____________- date