Bovine Agistment Agreement

This Agreement is made between Restoration Farmstead, LLC ("Agister") and the Owner.

1. Recitals

  • The Agister provides dairy facilities at 612 Samples Lane, Waddy, KY 40076 for the care and milking of dairy cows.

  • The Owner wishes to board their share of the dairy herd at the Agister’s facilities.

  • The Agister agrees to provide boarding and care for the herd at a monthly fee of:

    • $60 per full share

    • $30 per half share

2. Definitions

  • Agister: Restoration Farmstead, LLC

  • Agistment: The care, milking, and management of the herd for its owners.

  • Herd: The group of dairy cows, including any increases or replacements.

  • Owner: A person with an undivided interest in the herd.

  • Herd Owners: All individuals who own a share in the herd.

  • Percentage Interest: The Owner’s share in the herd relative to total authorized shares.

3. Herd Share Purchase

  • The Owner purchases shares in the herd at:

    • $25 per full share

    • $12.50 per half share

  • The Owner does not have ownership rights to calves born into the herd or any meat harvested.

4. Boarding Fees

  • The monthly boarding fee must be paid via automatic draft.

  • Payment will be drafted regardless of whether the Owner picks up their milk.

  • If the Owner does not pick up their milk within two (2) days of the scheduled date, the milk may be disposed of.

  • Agister may adjust fees up to twice per year, with increases not exceeding 10% annually.

5. Milk Allocation & Handling

  • A full share typically yields 1 gallon of milk per week. A half share typically yields ½ gallon per week. Actual amounts may vary.

  • Owners must purchase half-gallon glass jars from the Agister:

    • $12 per full share (4 jars)

    • $6 per half share (2 jars)

  • Owners are responsible for cleaning and returning jars at pickup. A $3 fee per jar applies for unreturned, broken, or unclean jars.

  • Milk pickup must be done in person by the Owner or their authorized agent.

  • Milk is for personal use only and may only be consumed by the Owner and their immediate family.

  • Upon request, the Agister may produce butter or yogurt for an additional fee.

6. Duties of Agister

The Agister will:

  • Care for and manage the herd according to health standards.

  • Acquire or remove cows as necessary.

  • Cover all routine herd expenses (Owners may be responsible for extraordinary vet expenses).

  • Provide periodic reports on herd health and milk production.

7. Legal Compliance & Indemnification

  • Raw milk sales are illegal in Kentucky. The Owner may not transfer or sell any milk from the herd.

  • If the Owner violates this, they will be responsible for any legal consequences and must indemnify the Agister.

8. Payments & Default

  • If the Owner fails to make payments, the Agister may, after 10 days' notice, sell or reclaim the Owner’s share in the herd.

9. Ownership & Farm Access

  • Ownership of a herd share does not grant ownership of any part of the farm.

  • Owners and their immediate family may visit the farm by appointment only and must be supervised by the Agister.

10. Assumption of Risk & Liability Waiver

  • The Owner acknowledges the risks associated with consuming raw milk, including potential pathogens.

  • The Owner assumes all risks and releases the Agister from liability related to milk consumption or farm visits.

  • The Owner agrees not to sue the Agister or other herd owners for any harm related to raw milk consumption or farm visits.

11. Indemnification

The Owner agrees to indemnify the Agister against any claims related to:

  1. Consumption of milk obtained from the herd.

  2. Visitors the Owner brings to the farm.

  3. Any breach of this agreement by the Owner.

12. Disputes & Arbitration

  • Any disputes must be raised within 180 days of the issue arising.

  • Disputes will be settled through arbitration rather than court.

13. Termination

  • Either party may terminate this agreement with 10 days' written notice.

  • Upon termination, the Owner may request the Agister repurchase their shares at the original price.

  • The Agister has the first right of refusal to purchase terminated shares.

14. Force Majeure (Acts of God Clause)

  • Neither party is responsible for delays caused by natural disasters, public emergencies, herd illnesses, or other uncontrollable events.

15. General Terms

  • Governing Law: This agreement is governed by the laws of Kentucky.

  • Severability: If any provision is found invalid, the rest of the agreement remains enforceable.

  • Assignment: This agreement binds both parties and their successors.

16. Farm Operating Standards & Health Protocols

Restoration Farmstead will:

  • Keep dairy animals clean and in sanitary conditions.

  • Never produce milk for consumption from sick or antibiotic-treated cows.

  • Primarily feed cows pasture, hay, or forage-based diets.

  • Provide guidance on proper milk handling upon request.

By signing below, both parties acknowledge their understanding and agreement to these terms.

Download Agreement