Care-for-Cow-and-Calf Agreement

by | Mar 10, 2025 | Farming | 0 comments

Care-for-Cow-and-Calf Agreement (DRAFT ONLY)

(This Agreement is made on [Date])

This Care-for-Cow-and-Calf Agreement (“Agreement”) is entered into by and between:

1. Owner: [Full Legal Name], located at [Address] (“Owner”)
2. Caretaker: [Full Legal Name], located at [Address] (“Caretaker”)

WHEREAS, the Owner wishes to provide a cow or pregnant heifer for the purpose of breeding and calf production, and the Caretaker agrees to provide care, feeding, and management of the cow and its offspring under the terms of this Agreement;

NOW, THEREFORE, the parties agree as follows:

1. Term

This Agreement shall commence on [Start Date] and continue until terminated by mutual agreement or in accordance with the terms set forth in this Agreement.

2. Cow Ownership and Contribution

2.1. Cow Purchase and Ownership:

  • The Owner shall purchase and provide [number] cow(s) or pregnant heifer(s) to the Caretaker within [number of days] from the start date.
  • The initial cost of the cow(s) shall be $[amount] (purchase price).
  • The cow(s) shall remain the property of the Owner until full payment is made according to Section 4 of this Agreement.

2.2. Identification and Registration:

  • Each cow shall be tagged and identified using an ear tag or branding method.
  • Any offspring produced under this Agreement shall be identified and registered under the Owner’s or Caretaker’s farm as agreed upon in writing.

3. Care and Management Responsibilities

3.1. Caretaker’s Obligations:

The Caretaker agrees to provide the following for each cow and its offspring:
✅ Proper feed and nutrition (including hay, pasture, grain, and supplements).
✅ Adequate water supply.
✅ Shelter and protection from weather.
✅ Veterinary care, including vaccinations, deworming, and medical treatment as needed.
✅ Breeding management (natural or artificial insemination) and care during calving.
✅ Daily observation and health monitoring.

3.2. Owner’s Obligations:

The Owner agrees to:
✅ Provide the cow(s) free and clear of any liens or claims.
✅ Cover the cost of major veterinary care exceeding $[amount] (unless otherwise specified).
✅ Be available for consultation on major health and breeding decisions.

4. Payment and Ownership Transfer

4.1. Calf Proceeds as Payment:

  • The Caretaker agrees that the first [number] calf(s) produced from the cow(s) under this Agreement shall be considered payment toward the purchase of the cow(s).
  • The proceeds from the sale of the first calf(s) shall be divided as follows:
    • [percentage]% to the Owner toward repayment of the cow purchase.
    • [percentage]% to the Caretaker for operational costs and management.
  • Once the cow has produced [number] calf(s) or the total proceeds from calf sales equal the cow’s original purchase price, ownership of the cow shall transfer to the Caretaker.

4.2. Alternative Payment Option:

  • The Caretaker may elect to retain the first calf by paying the Owner an amount equivalent to the agreed market value of the calf.
  • Payment must be made within [number] days of calf sale or market evaluation.

5. Breeding and Reproduction Rights

  • The Caretaker shall have the right to breed the cow(s) using natural or artificial methods.
  • If artificial insemination is used, the Caretaker shall cover the costs unless agreed otherwise.
  • The Owner retains the right to approve or reject breeding pairings if requested in advance.

6. Risk of Loss and Liability

6.1. Loss of Cow:

  • If a cow dies or becomes permanently disabled while under the Caretaker’s care due to natural causes, disease, or accident, the Owner shall bear the financial loss unless negligence is proven on the part of the Caretaker.
  • If negligence is determined, the Caretaker shall reimburse the Owner for the fair market value of the cow at the time of loss.

6.2. Loss of Calf:

  • If a calf is lost due to natural causes or accident, the loss shall be shared according to the agreed calf proceeds split.
  • If negligence is determined, the Caretaker shall reimburse the Owner for the fair market value of the calf.

6.3. Insurance:

  • The Owner and/or Caretaker may elect to carry mortality insurance on the cow(s) and calf(es) to protect against loss.
  • Any insurance proceeds shall be divided based on ownership status at the time of loss.

7. Profit Sharing and Future Calves

7.1. Profit Sharing:

  • After the first calf (or upon full repayment of the cow purchase price), any subsequent calf proceeds shall be split as follows:
    • [percentage]% to the Caretaker for operational costs and profit.
    • [percentage]% to the Owner for residual investment return.

7.2. Retaining Future Calves:

  • After the initial repayment, the Caretaker shall retain ownership of subsequent calves.
  • If a calf is retained for breeding purposes, future calf proceeds shall follow the same agreed profit-sharing terms unless renegotiated.

8. Termination and Exit

8.1. Termination by Either Party:

  • Either party may terminate this Agreement by providing [number] days’ written notice.
  • In the event of termination before the cow(s) have been fully paid off:
    • If calves have already been produced and sold, the proceeds shall be split according to Section 4.1.
    • If no calves have been produced, the Caretaker may purchase the cow(s) at fair market value, minus any payments already made.

8.2. Breach of Agreement:

  • If the Caretaker fails to provide adequate care or breaches the terms of this Agreement:
    • The Owner may reclaim the cow(s) and any unsold calves.
    • The Caretaker shall forfeit any payments made toward ownership.

9. Dispute Resolution

  • Any disputes arising from this Agreement shall be settled through [mediation/arbitration] under the laws of the State of Indiana.
  • If mediation fails, both parties agree to submit to binding arbitration under the Indiana Agricultural Arbitration Association.

10. Miscellaneous

10.1. Entire Agreement:

This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions and agreements.

10.2. Modification:

Any modifications to this Agreement must be made in writing and signed by both parties.

10.3. Governing Law:

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana.

Signatures

By signing below, the parties acknowledge that they have read, understood, and agreed to the terms and conditions of this Agreement:

Owner’s Signature – Date: _____________

Caretaker’s Signature – Date: _____________

This agreement is structured to protect both parties while ensuring a clear path to cow ownership and profit-sharing. Let me know if you’d like to adjust any terms!

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