Unified Myers Milk Co. Herd Ownership, Agistment, Labor Services, and Delivery Agreement

This Unified Agreement is made between Myers Milk Co. LLC ("Myers Milk Co.", "Agister", "Processor", or "Seller" as context requires) and the individual referred to herein as "Owner" or "Buyer." This Agreement consolidates and replaces all prior separate agreements, including the Bovine Bill of Sale, Bovine Agistment Agreement, Labor Services Agreement, and Delivery Services Agreement.

This Agreement governs: (1) purchase and ownership of Herd shares; (2) boarding, care, and management of the Herd; (3) allocation of raw milk; (4) creation of customized dairy products from Owner's milk; and (5) delivery of Owner's raw milk.

1. Definitions

For the purposes of this Agreement:

• Agister / Processor / Seller: Myers Milk Co. LLC.

• Owner / Buyer: The individual purchasing shares and receiving services under this Agreement.

• Farm / Dairy Facilities: 36590 Highway 53, Nehalem, OR 97131.

• Herd: The dairy cows owned collectively by all Herd Owners, including increases and replacements.

• Percentage Interest: Owner’s proportional share of the Herd.

• Customized Dairy Products: Butter, kefir, yogurt, flavored milk, cream, cheese, or other items produced from Owner’s milk.

2. Purchase of Herd Shares (Bill of Sale)

A. Owner purchases from Myers Milk Co. an undivided interest in the Herd, consisting of the number of shares recorded at purchase for $35.00 per share.

B. Seller warrants full legal ownership of the Herd at time of sale and that it is free of liens.

C. Owner’s milk allocation derives from Owner’s Percentage Interest as determined by number of shares owned divided by total shares.

D. Risk of loss concerning the Herd passes to Owner immediately upon execution of this Agreement.

E. Should Owner wish to sell shares, Myers Milk Co. retains the first right of refusal to purchase the shares at the original price paid.

3. Boarding, Care, and Management of Herd (Agistment)

A. Agister will board, feed, maintain, care for, and milk the Herd and will make the Herd’s milk available to Owners.

B. Owner disclaims all rights in breeding decisions and to any calves or meat produced.

C. Owner shall pay a weekly boarding fee of $7.00 per share, billed monthly.

D. Agister may adjust boarding fees up to twice per year, not exceeding 25% annually.

E. Owner shall pay extraordinary veterinary expenses on a per-share basis.

F. Agister shall maintain aspirational farm health and operating protocols (formerly Exhibit A), which do not constitute grounds for breach if unmet.

4. Milk Allocation, Containers, Pickup, and Use

A. One share typically yields approximately ½ gallon of milk per week, though actual production varies.

B. Milk jars cost $5.00 each; Owner is responsible for cleaning and returning jars.

C. Pickup days/times will be set by Agister. Milk not picked up within 2 days may be discarded.

D. Milk must be used only by Owner and Owner’s immediate family. Owner accepts all risks of consumption.

E. Owner may request production of customized dairy products from their own milk under Section 5.

F. Owner may request delivery of their raw milk under Section 6.

5. Labor for Customized Dairy Products (Processor Services)

A. Owner affirms ownership of all raw milk used for customized product creation.

B. Processor’s labor occurs at the Farm.

C. Labor charges are payable upon receipt of the customized products.

D. Labor rates for specific dairy products shall follow the pricing formerly listed in Exhibit A.

E. At all times, raw milk and customized products derived from it remain sole property of Owner.

F. Processor provides labor only; no sale or exchange of dairy products occurs.

G. Owner agrees to indemnify Processor for harm arising from consumption, handling, or sharing of customized dairy products.

6. Delivery of Owner’s Raw Milk

A. Owner affirms they own the milk being delivered.

B. Delivery is a courtesy service, not a sale of raw milk.

C. Delivery fee: $3.00 for the first herd share and an additional $2.00 for each additional share (e.g., $3 for one share, $5 for two shares, $7 for three shares).

D. Payment may be added to monthly boarding fees.

E. Milk remains the sole property of Owner at all times.

F. Agister shall not be liable for illness, injury, or loss from consumption or handling of milk, or for injuries sustained on the Farm.

G. Owner agrees to indemnify Agister for injuries or harm related to Owner’s handling, consumption, or sharing of raw milk.

7. Restrictions on Sale of Raw Milk

Neither Agister nor Owner may sell raw milk in violation of Oregon law. Owner may not resell their raw milk to others.

8. Claims, Indemnification, and Limited Liability

A. Owner assumes all risks associated with consumption of raw milk.

B. Owner waives all claims against Agister arising from handling or consuming milk or visiting the Farm.

C. Owner indemnifies Agister against claims arising from Owner’s acts, omissions, use, handling, or storage of milk or customized dairy products.

D. Claims unrelated to nonpayment must be made in writing within 180 days of discovery.

9. Arbitration

All disputes (except nonpayment claims) shall be resolved via arbitration under American Arbitration Association rules. Each party pays their own costs, and arbitrator costs are shared equally.

10. Termination

A. Either party may terminate this Agreement with 10 days’ written notice.
B. Upon termination by Agister, Owner may require Agister to repurchase shares at the original purchase price if demanded within 7 days.
C. If Owner terminates, Agister retains first right of refusal to repurchase the shares.

11. Force Majeure

Neither party is liable for delays or failures caused by events beyond their control, including but not limited to natural disasters, disease outbreaks, regulatory actions, or emergencies.

12. Miscellaneous

A. This Agreement shall be governed by the laws of the State of Oregon.
B. Invalid provisions shall not affect the remainder of the Agreement.
C. This Agreement is binding upon the parties and their permitted successors.
D. This Unified Agreement constitutes the entire agreement between the parties and replaces all previous documents related to Herd ownership, agistment, labor services, and delivery.

Final Acknowledgment

By signing the signature page associated with this Agreement, Owner agrees to all terms contained herein.

By signing this Agreement, Myers Milk Co. has also signed and agreed to all terms of this Agreement.