Fill and Sign the Agistment Agreement Form

General Form of Agistment Agreement or Contract Agister Agreement made on the _____ day of ________________, 20____, between _______________________________ (Agister) of ________________________________ ______________________________________ (street address, city, county, state, zip code) , referred to herein as Agister, and _________________________________________________ (Owner), a corporation organized and existing under the laws of the state of __________________________, with its principal office located at ______________________ ____________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Delivery of Animals to Pasture A. Agister agrees that on or before _____________ (date) , Owner may put in Agister’s _____________________________ ( e.g., grazing) pasture at ____________________ _______________________________ (name of ranch) , ________________________________ ______________________ (location of ranch) , ______________ (number) head of _________ ____________________________________________________________________ (e.g., cattle, sheep, etc.), hereafter called Animals. Said pasture is hereinafter referred to as Pasture , and, for purposes of this Agreement, includes the ranch on which pasture is located . B. The number of such animals is to be at least ___________ (minimum number) , but not more than _______________ ( maximum number) . C. The Animals are to remain in the Pasture from __________________ (date), to _______________________ (date) , unless sooner removed or sold as provided in this Agreement. II. Branding or Marking A. Owner agrees that all of the above Animals shall be ___________________ (e.g., branded or marked) as follows: ____________________________________________ (describe or illustrate brand or mark) , hereinafter called Brand, and that Agister shall brand each of the Animals with Agister's Brand before each is put in the Pasture . B. All costs of delivery to the pasture shall be paid for by Owner, and Owner shall bear any loss to the Animals arising in any manner from any cause during delivery. III. Weight on Delivery; Shrinkage A. At the time of delivery of the Animals to Agister's Pasture , Owner warrants that they shall weigh no less than an average of ________________ (number) pounds live weight. B. The parties agree that from the time of delivery of the Animals to Agister's Pasture and for __________________ (number) (e.g., weeks) afterward, a weight shrinkage allowance of _________ ( percentage) shall be made for the Animals . IV. Pasture Rent Owner shall pay Agister $______________ per head for the entire number of Animals to be pastured for the period of this Agreement. The Animals shall be counted at the end of the period of this Agreement, excluding from such payment any and all __________________ (e.g., calves ) that may have been born since _________________ (date). V. Rent Adjustments A. Shorter Period Should Owner's Animals remain in Agister's Pasture for a shorter term than that specified in this Agreement, due to no fault of the parties, rent adjustment for such shorter pasturing will be figured on the basis of a reduction of _______________ (dollar amount) per head for the entire number of Animals per ________________ (e.g., week’s) length of time shorter than the term of this Agreement. B. Longer period If the Animals remain in the Pasture of Agister after termination of this Agreement, Owner shall pay a sum proportionate to the amount of time Animals remain in the Pasture on the same basis as that specified in Paragraph A of this Section. The sum accrued for such pasturage shall be due and payable on delivery of the Animals from the Pasture . VI. Care of Animals; Supplies A. Care Agister shall care for and maintain Owner's Animals in a manner consistent with proper ______________________________ (e.g., cattle, sheep, etc.) raising practices in _______________________ (county) , __________________________________ (state) , supply salt, feed, medicines, and veterinarian costs in a manner sufficient to maintain the Animals in good health, and notify Owner if any of the animals for any reason must be disposed of in any manner except pursuant to this Agreement. B. Supplies Agister shall maintain an adequate water supply on the Pasture and care for and maintain any natural increase in the herd in the same manner as otherwise provided for in this Agreement. Where necessary to the health and maintenance of the Animals, Agister shall purchase special feed or processed feed after securing written approval from Owner, in which case Owner, agrees to reimburse Agister promptly for the costs of such added feed. VII. Risk of Loss Agister will not be responsible for loss to any of the Animals by fire, theft, injury, death, or from any other cause, other than the gross negligence or illegal act of A gister or his agents or employees, in which event Agister shall compensate Owner for any loss caused by the same. VIII. Indemnification of Owner Agister shall indemnify Owner from and against any and all claims arising from the conduct or management of, or from, any work or thing done in or about the above-described Pasture or any building or structure on or the equipment of such Pasture during the term of this Agreement, or arising during such term from any condition of any road, stream, or passageway adjoining the above-described Pasture or appurtenances to such Pasture , arising from any act or negligence of Agister or any of his agents, contractors, or employees, or arising from any accident, injury, or damage, however caused, to any person or persons, or to the property of any person, persons, corporation or corporations, occurring during such term on, in, or about the described Pasture , and against all costs, counsel fees, expenses, and liabilities incurred in connection with any such claim, action, or proceeding brought on or concerning such matters. IX. Right to Remove Animals Receiving Improper Care On the failure for any reason of Agister to give the best care and attention to the Animals at all times as provided for in this Agreement, Owner reserves the right to provide such care at the expense of A gister , and to remove such Animals , when necessary, without incurring any responsibility to Agister , to such pasturage as may be necessary as determined by Owner. X. Delivery of Animals Back to Owner A. Agister shall deliver the Animals , back to Owner at ________________________ _______________________________________________________ ( street address, city, county, state, zip code) , at the expiration of this Agreement. B. Agister shall bear all costs in connection with such delivery. C. Owner may, at its option and at its own expense, have Agister deliver the Animals to any railroad pens, stockyards, or shipping stations designated by Owner within a radius of __________ (number) miles of Agister's Pasture. XI. Prior Termination by Agreement Should either of the parties to this Agreement desire to terminate this Agreement before the expiration of the term specified in this Agreement, such party may do so by giving the other party ___________ (number) days' written notice of the intention to so terminate. XII. Maintenance of Fences Agister shall, at own expense, maintain all fences on Pasture in good repair. XIII. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. XIV. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________________________. XV. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XVI. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XVII. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XVIII. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XIX. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ___________________________________ OWNER ___________________________________ By_____________________________ AGISTER (Name and Office in Corporation)