This is not an actual contract. It is for reading and reviewing.
For the sum of five dollars ($25), I (hereinafter, “Member”) subscribe to and join Miller’s Biodiversity Farm (hereinafter, “MBF”). As a Member of MBF, Member is entitled to join the MDF community and obtain food and products provided by MBF’s sources and fellow members. Member agrees to the following:
- Miller’s Biodiversity Farm
- MBF is a members-only, private food-buying club.
- MBF allows Members to buy products directly from regionally local farmers/vendors. The individual Members’ orders are collected and submitted to the farmers/vendors by MBF as a single group-order.
- No other services are expressed or implied with this membership. All transactions are directly between the Members and MBF’s sources.
- MBF Members own all products and items as soon as they are released by the source or farm. Thus, Members bear all liability for anything they have ordered as soon as it is shipped and anything that is stored on hand on behalf of Members at the pickup site.
- MBF is not licensed or approved by any federal, state, or local agency.
- MBF does not endorse or promote products or practices. However, Members often discuss information about the products, their use, and preparation with each other.
- Each Member is responsible for his/her own self-education and learning how to use the products and Member agrees to take full responsibility for his/her own health, health choices, and food choices.
- Pickup and Shipping
- Members agree to abide by the club’s currently set DAYS and HOURS of pickup and shipping, as given on the Member website or via email or by an administrator or pickup location coordinator.
- If picking up, Members understand that they must pick up during these set hours, or send someone to pick up on their behalf if they are unable to do so themselves.
- If shipping your order, Members understand that they must unpack their order as soon as possible or within 8 hours of receipt.
- Pickup hours and locations and shipping dates are subject to change at the discretion of MBF and group leaders, but such changes will likely be a rare occurrence, and every effort will be made to avoid making changes.
- Refunds cannot be claimed for items that are not picked up or unpacked during appropriate hours.
- While no money will change hands at pickup locations or upon delivery, signature may be required by customer or customer’s assignee.
- All sales are final, and items cannot be returned to the farmer/vendor. In a case of member-dissatisfaction with a product, suppliers will make every effort to come to a mutually satisfactory solution.
- Membership entry fee is $25 per household.
- Membership fees are non-transferable and non-refundable.
- Annual membership dues are owed every 12 months, on the date that you first purchased your membership.
4. Payment and ownership
- Payment for membership is by PayPal, either with a PayPal account or by checking out as a guest with a card or e-check. Your membership will not be valid until your payment clears. Although most seasoned PayPal users will have payments clear instantly, sometimes it takes PayPal up to 21 days to process a payment.
- Payment for your order is due before your food leaves MBF. Payment for products is by Stripe with any debit or credit card. All items, once released by the farmers, are owned by the individual MBF Member who placed the order. Thus, if at any time something happens to the items (theft, raid, or any other act that results in the loss of items and product in the room), this loss is charged to the individual Member and is solely the responsibility of that Member.
- Discrepancies between web-order invoices, which are estimated totals and actual farm invoices are expected due to varying-weight items, out-of-stock items, and/or occasional packing errors. Credits/debits will be reconciled on a weekly basis on each Member account. Member will be notified of all discrepancies, and credits/debits will be issued directly through the website.
5. Delivery/Administrative surcharges
- Surcharges vary, depending on your delivery preference.
- Surcharges are subject to change at the discretion of MBF, but such changes will likely be a rare occurrence, and every effort will be made to avoid making changes.
- Surcharge is based on the final invoice, not the estimated invoice generated by the website.
6. E-mail and Electronic Delivery
- Primary means of communication between MBF and its administrators is email.
- Member agrees to keep MBF apprised of any changes to primary email address and phone number.
- MBF requests Members use a personal email address, rather than a work email address as their primary.
7. Personal Use
- All products received through MBF will be for personal use only and shall not be sold or distributed to anyone outside Member’s family and/or guests.
- Members who resell items will immediately have their membership revoked.
8. Liability Waiver
- Member understands and acknowledges that raw milk may contain harmful pathogens and that its consumption is not recommended by the USFDA and the US Center for Disease Control.
- Member understands and agrees that will educate its family about the risks associated with the consumption of raw milk and/or with the improper storage of raw milk.
- Member voluntarily releases, forever discharges, and agrees to indemnify and hold harmless MBF and any individual in MBF from any and all claims for damages to Member, Member’s person, or Member’s property.
- Member agrees to indemnify and hold harmless MBF and any individual Member of MBF in connection with any transactions or spoken words, suggestions or assistance in any way regarding nutrition, health, and healing.
- Member acknowledges that s/he is completely responsible for any property damage or personal injury s/he causes at any location where MBF conducts activities. This extends to persons including but not limited to children, friends, family acquaintances, or individuals brought by the Member to distribution sites.
- Member understands s/he has waived his/her right to maintain a lawsuit against MBF and any individual in connection with MBF.
- Member understands and intends that this assumption of risk, waiver, and release be binding upon the Member, his/her family, heirs, executors, and administrators and assigns and includes any and all children.
- Member acknowledges and agrees that should MBF and any individual in MBF or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, that the Member in connection with the action agrees to indemnify and hold them harmless for all such fees and costs.
9. Non-disclosure Agreement
- Member agrees that by joining MBF you state that s/he is not an undercover employee, agent, or contractor of or for any federal, state, or local government agency. Any transaction, communication, or observations by him/her and/or anyone with Member cannot be reported or communicated in any way to any federal, state, or local government agency, employee, agent, or contractor, nor used in a court of law against MBF or any Member of MBF, or any farm affiliated with MBF.
10. Continuation and Termination
- MBF reserves the right to terminate and may terminate the membership of any Member at any time for any reason. Most likely, this would be for failure to abide by this agreement or by the goals and policies of the club.
- MBF reserves the right to terminate all functions and activities of the club at any time without notice. If club functions are terminated, Members will receive a pro rata refund of annual membership dues paid to the club.
- Member can choose to terminate his/her membership at any time and for any reason. Membership dues will not be reimbursed.
- Annual renewal rate is $25.
11. Billing and Administrative Services
- All administrative, ordering, record-keeping, and other organizational services are handled by MBF or an agent of MBF.
- If Member is over one month delinquent on their MBF dues, MBF will suspend website and ordering access. At this time, MBF will attempt to contact the Member by phone and by email.
- If Member does not reply within 10 days, Member’s buying club account will be forfeited, and their access to the website and club revoked.
- Member may rejoin MBF at any time by paying the member dues and signing the current Member agreement.
- Member privacy is of the utmost importance to us.
- MBF will make every effort to keep Members’ personal information private.
- MBF will never sell Member information for any reason.
- MBF reserves the right to share information within its business partnerships (CARE administration, farmers, and/or related farmers’ agents/coordinators).
By signing this contract, Miller’s Biodiversity Farm and Member have agreed to and executed this agreement on today’s date.