1. Introduction

Pleiades Ranch/Whipped Raw Creamery Private Membership Association (PMA)(“Agreement”) is entered into by and between Pleiades Ranch Oasis & Whipped Raw Creamery (“Farm,” “we,” “us,” or “our”), a business operating in Hunt County, Texas, and the undersigned CSA Member (“Member,” “you,” or “your”). This Agreement outlines the terms and conditions of your membership in our CSA program, specifically focusing on the provision of pasture-raised meats, raw dairy products, and fresh vegetables.

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2. Term of Agreement

This Agreement shall commence on the Effective Date and shall continue for the duration of the PMA season, which runs from [Start Date] to [End Date], unless terminated earlier in accordance with the terms of this Agreement.

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3. Membership Structure

By joining our PMA, you agree to purchase a share of the farm’s meat, dairy, and vegetable production for the season. In exchange, we commit to providing you with a weekly share of high-quality, pasture-raised meats, raw dairy products, and freshly harvested vegetables, as outlined in this Agreement.

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A. Share Types

1. Full Share: [Provide details about the full share, including the estimated amount of meat, dairy, and vegetables, frequency of distribution, and price.]

2. Partial Share: [Provide details about the partial share, including the estimated amount of meat, dairy, and vegetables, frequency of distribution, and price.]

3. Summer-Only Share: [Provide details about the summer-only share, including the estimated amount of meat, dairy, and vegetables, frequency of distribution, and price.]

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B. Payment Terms

1. Deposit: A non-refundable deposit of $50 is required to secure your PMA membership. This deposit must be paid at the time of signing this Agreement.

2. Balance: The remaining balance of your membership fee is due by March 1, [Year]. Payment plans may be available upon request and are subject to approval by the Farm.

3. Late Payments: If full payment is not received by the due date, the Farm reserves the right to terminate your membership and offer your share to another individual.

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4. Risks and Rewards

As a PMA member, you agree to share in the risks and rewards of farming. While we commit to doing our best to provide you with a bountiful share each week, factors beyond our control such as weather, pests, disease, and other variables may impact the quantity and variety of meat, dairy, and vegetables available.

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A. No Guarantees

We do not guarantee the availability of any specific meat, dairy product, or vegetable. The contents of your share may vary week to week based on what is in season, what has been harvested, and the overall success of our farm operations.

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B. Force Majeure

The Farm shall not be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, labor strikes, or governmental actions.

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5. Pickup and Delivery

Members are responsible for picking up their share at the designated location and time each week. Failure to pick up your share during the specified time frame may result in forfeiture of that week’s products.

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A. Pickup Location and Time

1. Location: 1403 CR 4115, Campbell, Texas 75422

2. Time: [Insert Pickup Days and Times]

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B. Missed Pickups

If you are unable to pick up your share, you must notify us at least 24 hours in advance. You may arrange for someone else to pick up your share, or you may coordinate with us to pick up your share at an alternate time, subject to availability.

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C. Home Delivery

Home delivery may be available for an additional fee. Delivery times and availability are subject to the Farm’s discretion. The Member is responsible for ensuring a secure location for delivery and for promptly retrieving their share.

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6. Farm Visits and Member Events

Members are welcome to visit the farm during designated PMA events and open farm days. While on the farm, you agree to follow all safety guidelines provided by the Farm and to supervise any minors in your care at all times.

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A. Assumption of Risk

By visiting the Farm, you acknowledge that there are inherent risks associated with farm activities, including but not limited to uneven terrain, electric fences, and interaction with farm animals. You voluntarily assume all risks associated with your visit and agree to hold the Farm harmless for any injuries or damages that may occur.

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7. Liability Waiver and Indemnification

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A. Release of Liability

To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless the Farm, its owners, employees, agents, and affiliates from any and all claims, liabilities, damages, or expenses, including reasonable attorney’s fees, arising out of or in connection with your participation in the PMA program, your use of any produce, meat, or dairy products provided, and your visits to the Farm.

 

B. Assumption of Risk

You understand and acknowledge that farming is an inherently risky activity and that there are risks associated with the consumption of raw or unprocessed agricultural products, including raw dairy and pasture-raised meats. You voluntarily assume all such risks and agree that the Farm shall not be liable for any illness, injury, or adverse reaction resulting from your participation in the CSA program or from the consumption of any products provided.

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8. Termination of Membership

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A. Voluntary Termination

You may terminate your membership at any time by providing written notice to Pleiades Ranch/Whipped Raw Creamery Private Membership Association (PMA). If you terminate your membership within the first two weeks of the season, you may receive a prorated refund, minus the non-refundable deposit. No refunds will be issued after the first two weeks of the season.

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B. Involuntary Termination

The Farm reserves the right to terminate your membership at any time for failure to comply with the terms of this Agreement, including but not limited to failure to make timely payments or repeated missed pickups. In such cases, no refund will be provided.

 

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation. If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in Hunt County, Texas, in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration shall be entitled to recover its reasonable attorney’s fees and costs.

 

10. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

11. Amendments

The Farm reserves the right to amend this Agreement at any time. Any amendments will be communicated to you in writing and will become effective upon your continued participation in the PMA program.

 

12. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or representations, whether oral or written.

 

13. Acknowledgment of Understanding

By signing below, you acknowledge that you have read and understand this Agreement, that you agree to its terms and conditions, and that you voluntarily enter into this Agreement with full knowledge of its legal consequences.