Fill and Sign the Agistment Agreement 497329403 Form

Agistment Agreement or Contract Between Agister and Independent Contractor Agister Agreement made on the ___ day of __________, 20___, between _____________________________ (Contractor) of ___________________________________ _______________________________________________ (street address, city, county, state, zip code), referred to herein as Contractor, and __________________________________________ (Agister), 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 Agister. Whereas, Contractor is engaged in the business of caring for and pasturing of _______________________________________________ (e.g., cattle, sheep, etc.) on land belonging to third parties; and Whereas, Agister desires to enter into an agreement with Contractor for the care and pasturing of not less than __________ (number) or not more than ____________ (number) head of ___________________________ (e.g., cattle, sheep, etc.) , hereinafter called Animals, the average weight of which shall not exceed ____________ (number) pounds when being first placed in the care, custody, and control of Contractor. 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. Services as Independent Contractor A. Agister agrees with Contractor for his services, as an independent contractor, to care for and furnish pasture, salt, mineral, hay, water, and veterinary supplies for a minimum of ________________ (number) head up to a maximum of _____________ (number) head of Animals , the exact number to be at Agister's discretion and subject to Contractor's ability to furnish adequate pasture and care. B. The average weight of each of the Animals will not exceed ______________ (number) pounds when delivered to Contractor. C. The Animals are to remain at all times the property of Agister or Agister's customers. D. Contractor agrees to protect and defend the owners' title to the Animals at all times. E. For the purposes of identification, all Animals will have fresh brands and ear tags at the time Agister delivers them to Contractor. F. Contractor shall have the option to inspect all Animals prior to Agister's delivery of the Animals to Contractor and Contractor may refuse to accept any individual animal on grounds of health, unmerchantability, or inadequate branding for easy identification. II. Number and Weight At each delivery under this Agreement, the exact number of Animals and the average weight at destination of such Animals shall be determined and verified in writing by both Agister and Contractor as of the date such Animals are received for care and pasture by Contractor. III. Consideration A. Agister shall pay Contractor for his services and for the pasture under this Agreement a total consideration equal to $_____________ per cwt. of gain accomplished by the Animals plus $_____________ per head per month for the period of time the Animals are under Contractor's care, custody, and control. B. Agister shall also pay Contractor $____________ multiplied by one pound per day as an estimated gain adjusted for death loss, monthly in advance on the ____ day of each month. C. The above amounts shall be paid in multiple checks with a portion of the payment to be made jointly to Contractor and the owner of the land on which the Animals are located. Such joint payments shall be made at Contractor's direction and in conformity with Contractor's contract with the landowner, a copy of which shall be furnished to Agister by Contractor. IV. Term of Contract The term of this Agreement shall be from the effective date stated above until the last of the Animals covered by this Agreement are redelivered to Agister by Contractor . V. Trucking Expenses A. The trucking expenses incurred in delivering the Animals to the pasture and removing such Animals from pasture at the start and end of Contractor's tenure of care, custody, and control of the Animals shall be paid by Agister . B. Any trucking expenses during the pasture period shall be at the sole expense of Contractor. VI. Determining Gain A. In determining the amount of gain accomplished by the Animals , it is agreed that the Animals will be weighed in and out on the trucks at the scale closest to where the Animals are to be pastured. The in-weight shall be the starting weight for gain calculation. The out-weight reduced by ________ (percentage) pencil shrinkage shall be the ending weight for the gain calculation. B. The starting weight shall be reduced by the average weight of all Animals in each delivery multiplied by the number of Animals that die or are unaccounted for. The gain will be the difference between the adjusted starting weight and the shrunk ending weight on a pasture-by-pasture basis. C. Agister agrees to pay Contractor at the redelivery of each pasture of Animals an amount equal to $___________ times the gain accomplished, less the amount previously advanced monthly for estimated gain. VII. Delivery and Redelivery A . Agister shall deliver the Animals in groups from time to time to Contractor and subject to Contractor's prior inspection and acceptance of each delivery. B. Once the Animals are delivered to Contractor, Contractor agrees to redeliver to Agister the same Animals in total less any death loss. In the case of death loss, each death will be evidenced by contractor to Agister's satisfaction. VIII. Death Loss A. On a pasture-by-pasture basis, Agister shall stand a loss resulting from dead Animals up to, but not in excess of _______ (percentage) of the total number of Animals delivered to each pasture under the same ownership. In the event of more than one owner's Animals being in the same pasture, then up to _______ (percentage) of the same ownership. B. A pasture will be defined as that area enclosed by a fence and not divided by another fence. C. In the case of loss in excess of ________ (percentage) of Animals that are missing because of mysterious disappearance, Contractor shall reimburse Agister for the Animals with an amount of money equal to the total accrued cost of such Animals a s carried on Agister's books. IX. Care and Handling In consideration of the monthly payments paid in advance and subject to the conditions set forth in this Agreement, Contractor shall properly pasture and care for Agister's Animals and Agister authorizes Contractor to run such Animals as Contractor sees fit, providing it is in a husbandlike manner and in the best interest of the health, safety, and welfare of the Animals . X. Proof of Death Contractor specifically agrees to guarantee the count of the Animals and death loss in excess of _________ (percentage) on a pasture-by-pasture basis and will show proof of death either by delivering that portion of hide from the dead animal revealing the brand or by rendering a receipt reflecting the brand. XI. Agister’s Lien It is specifically agreed by Contractor that the Animals covered by this Agreement shall be subject to an Agister's lien in favor of Agister , and Contractor specifically agrees not to redeliver such Animals to any third party. XII. 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. XIII. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________________. XIV. 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. XV. 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. XVI. 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. XVII. 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. XVIII. 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. ___________________________________ ( Agister) ___________________________________ By_________________________________ (Independent Contractor) (Name and Office in Corporation)