Contract Between Landowner and Contractor

Contract Between Landowner and Contractor to Swath Hay

Agreement made on the day of , 20, between (Name of Owner)

of (street address, city, county, state, zip code), referred to herein as Owner, and (Name of Contractor), 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 Contractor.

Whereas, Owner owns approximately (number) acres of land, located in (name of county and state), hereinafter called Land, described as follows:

Whereas, Owner desires to have all the hay growing on Land swathed; and Whereas, Contractor is engaged in the business of ranching in (name of county and state), and is in a position to undertake the swathing of the hay for Owner;

Now, therefore, 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:

1. Commencement and Completion

Contractor agrees to swath all the hay, being the (year) crop, to be harvested from the Land. The work shall be commenced at the time designated by Owner, and the swathing shall be completed within (number) days after commencement, plus any days Contractor cannot work because of weather or other conditions beyond Contractor's control. Owner shall designate the field or fields in which Contractor shall conduct the swathing operations. Contractor will not be obligated to swath unusually light or thin fields producing less than (number of tons) of baled hay per acre.

2. Price and Payment

As consideration for the swathing operations to be performed by Contractor, Owner agrees to pay Contractor $ per ton for each ton of hay swathed. The tonnage of the hay so swathed and baled shall be established by weighing (e.g., 20) bales out of every estimated (e.g., 1000) bales in the field (e.g., three) days after baling. Total tonnage baled shall be determined by multiplying the number of bales in each stack by the average weight of bales weighed. The total tonnage shall be determined by stack count.

3. Time of Payment

Owner agrees to pay to Contractor an estimated (e.g., two-thirds) of the money earned by Contractor weekly under this contract. The remainder of the money owing to Contractor under this contract shall be paid by Owner within (e.g., 30) days after the completion of the swathing.

4. Liquidated Damages

Should Contractor fail to complete all the work called for in this contract within (e.g., 45) days from commencement as specified by Owner, then the (e.g., one-third) portion of payment withheld under Section 3 shall not be paid to Contractor, but shall be considered as liquidated damages for the failure to complete this Contract within the time specified.

5. Equipment

Contractor agrees to supply, at Contractor's expense, all equipment and personnel required for swathing operations, consisting of at least (e.g., three 12-foot) swathers, material and labor as may be required to fulfill the terms of this contract. Contractor shall keep Contractor's equipment in good repair, so that the swathing shall be completed in a timely manner.

6. Quality of Work

Contractor agrees to perform the swathing of the hay in a skillful and proficient manner.

7. Liens

Contractor agrees to pay promptly and to discharge all bills for labor and materials, so that no liens will be filed on Owner's property. Owner reserves the right to check at any time with Contractor's employees and materialmen to determine that all lienable claims against Owner's property, arising form Contractor's work, have been paid in full. Should Contractor have unpaid lienable claims, Owner may pay such claims directly to the claimants from the money owing from Owner to Contractor.

8. Liability Insurance

Contractor will carry and maintain sufficient workers compensation insurance on Contractor's employees and shall pay all premiums of such insurance. Contractor shall furnish acceptable proof of insurance to Owner.

9. Indemnification of Owner

Contractor agrees to indemnify and hold harmless Owner against liability for death or injury, damage or accident that may be suffered by Contractor or Contractor's employees, by Owner or Owner's employees, or by any third person, in the course of the work done by Contractor under this Contract.

10. Room and Board

Owner will not furnish room and board during swathing operations to Contractor or Contractor's employees. Contractor shall have use of the available (e.g. bunk house) on the property to provide room and board to Contractor's employees. Contractor agrees to pay Owner for any damage, except normal wear and tear, to the (e.g., bunk house) caused by Contractor or Contractor's employees.

11. Status of Contractor

All work to be performed by Contractor under this Contract is as an independent contractor.

12. 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.

13. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

14. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

15. Mandatory Arbitration

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.

16. 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.

17. 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.

18. 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.

19. 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.

STATE OF COUNTY OF

Personally appeared before me, the undersigned authority in and for the said county and state, on this day of , 20, within my jurisdiction, the within named, (Name of Owner), who acknowledged that he executed the above and foregoing instrument.

______________________________

NOTARY PUBLIC

My Commission expires:

STATE OF COUNTY OF

Personally appeared before me, the undersigned authority in and for the said county and state, on this day of , 20, within my jurisdiction, the within named (Name of Officer), who acknowledged that he is (Name of Office) of (Name of Corporation), a (name of state) corporation, and that for and on behalf of the said corporation, and as its act and deed he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do.

______________________________

NOTARY PUBLIC

My Commission expires:

Note: Form of Acknowledgment may vary by state.