HERD SHARE AGREEMENTS

Digital Acceptance & Electronic Signature

By joining the herdshare, you acknowledge that you have read, understand, and agree to both of the following legal documents in full:

  1. Bovine Bill of Sale of an Undivided Interest in a Herd
  2. Bovine Agistment Agreement, including Exhibit A – Farm Operating Standards and Herd Health Protocols

These agreements together govern your participation in the herd share program operated by Positively Grown LLC.

BOVINE BILL OF SALE

of an Undivided Interest in a Herd

Positively Grown LLC (“Seller”), whose address is 2037 126th Avenue, Hopkins, MI 49328, for valuable consideration of the sum of:

Dollar Amount Paid: $____________________
Number of Shares Purchased: ____________________

at the refundable cost of Thirty-Five Dollars ($35.00) per full share (and an additional $25.00 per additional share) or Twenty-Five Dollars ($25.00) per half share, received upon execution of this instrument by:

Buyer Legal Name: _______________________________

has bargained and sold, and hereby does sell, grant, and convey unto the Buyer the following property, goods, and chattels:

An undivided interest in a herd of cows (“Herd”) representing an ownership interest in:

  • ______ full shares or
  • ______ half shares

out of a total number of ______ (________) shares in the Herd.

The Herd is located at 2037 126th Avenue, Hopkins, MI 49328.
The Herd currently consists of thirty-eight (38) cows, including any increases or replacements. Cows may be culled or removed from the Herd when such removal is deemed necessary in the sole discretion of the Seller.

Seller sells to Buyer the described undivided interest in the Herd.

Seller warrants that at the time of sale, Seller has full legal and equitable ownership of the Herd interest and that the Herd is not subject to any liens or security interests (recorded or unrecorded).

Buyer’s interest includes a proportional share of weekly milk production based on Buyer’s percentage ownership interest in the Herd.

Should Buyer wish to sell his/her interest, Seller retains the first right of refusal at the original purchase price. Any transfer requires Seller’s approval, which shall not be unreasonably withheld.

Risk of loss passes to Buyer upon signing. Seller shall not be liable for loss or damage to the Herd.

This Agreement shall be governed exclusively by the laws of the State of Michigan.

Execution Date: _____ day of ___________, 20

BOVINE AGISTMENT AGREEMENT

This Agreement is made on the _____ day of ______________, ______, by and between:

Agister: Positively Grown LLC
Owner: ___________________________________

This is a boarding contract.

RECITALS

Agister possesses dairy facilities at 2037 126th Avenue, Hopkins, MI 49328 for the holding, care, handling, and milking of dairy cows.

Owner wishes to board cow(s) constituting their undivided interest in the Herd at the Dairy Facilities.

Agister agrees to provide care and boarding for a fee of:

  • $50/month per full share (plus $25 per additional full share)
  • $25/month per half share

1. Definitions

(Definitions A–G preserved verbatim)

2. Share(s) of the Herd

A. Ownership evidenced by the attached Bovine Bill of Sale.
B. Owner disclaims ownership of meat, calves, or proceeds from calf sales.

3. Boarding Fees

A. Monthly fees, payment terms, pickup rules, skip policy, cleaning fees, disposal fees, termination for missed pickups, and buy-in non-refundability are acknowledged and agreed to in full.

B. Fees may be adjusted up to twice per calendar year, not exceeding 20% annually.

4. Allocation of Milk

A. Estimated yields acknowledged; actual production may vary.
B. Jar responsibilities, cleaning fees, replacement fees, and conditions acknowledged.
C. Pickup location: 2652 20th Street, Hopkins, MI 49328, between 10:00 a.m. and 10:00 p.m.
D. Milk for personal and immediate family consumption only.

5. Duties of Agister

(Includes herd care, management, veterinary costs, and reporting obligations)

6. No Sale of Milk / Indemnification

Acknowledgment that sale of raw milk is prohibited under Michigan law.

7. Enforcement

Nonpayment remedies preserved verbatim.

8. Ownership Limitations

No real or personal property rights beyond herd interest.

9. Owner’s Assumption of Risk & Waiver of Claims

Includes CDC/FDA warning, premises risk, and full waiver language.

10. Indemnification

Owner indemnifies Agister and all related parties.

11. Claims

Written notice requirement within sixty (60) days.

12. Arbitration

AAA arbitration required for disputes.

13. Termination

Notice requirements and repurchase terms preserved.

14. First Right of Refusal

Seller retains first right to repurchase shares.

15. Force Majeure

Acts of God and uncontrollable events acknowledged.

16. Miscellaneous

Construction, governing law, severability, waiver, and assignment preserved verbatim.

EXHIBIT A

Farm Operating Standards and Herd Health Protocols

(Exhibit A preserved in full, unchanged)

DIGITAL ACKNOWLEDGMENT & ELECTRONIC SIGNATURE

☐ I have read and agree to the Bovine Bill of Sale.
☐ I have read and agree to the Bovine Agistment Agreement, including Exhibit A.
☐ I understand this is a legally binding agreement governed by Michigan law.

Owner Legal Name: _______________________________
Email Address: _________________________________
Physical Address: _______________________________

Electronic Signature: ____________________________
Date: ___________________

By submitting this form, Owner consents to electronic records and electronic signatures pursuant to applicable law.

Agister: Positively Grown LLC
Authorized Representative: ______________________
Date: ___________________