Elmartin Farm -- Cheshire MA

Beef Production Program

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ELMARTIN FARM
FARM STORE
2013 Farm Updates To Current
2012 Farm Update
Family's Farm History
About The Present Owner Everett L. "Gus" Martin
Property Pictoral
Topographic & Satellite Maps of the Property & Region
The Barn & Current Use
Beef
Beef Production Program
Pigs
Poultry
Fun On The Farm
Elmartin Farm Stay
Elmartin Cows and Bulls Herds / Dispersals / Names
Mount Greylock & Amphitheater
Cheshire Massachusetts

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Click here to download Elmartin Farm's Pro Forma Beef Cattle Feeding Program Agreement - MSWORD

Click here to download Elmartin Farm's Pro Forma Beef Cattle Feeding Program Agreement - PDF

Have Your Own Beef Raised At Elmartin Farm
 
Elmartin Farm ("The Farm" or "Elmartin")  has a Beef Program designed for a person/s or group/s who wants to raise their own beef for taste, for knowing how it is raised, and optionally for a business; i.e. one can resell their end product.
 
Recognizing that most people who desire this program (Owners) are not farmers / ranchers, Elmartin has tailored the process so that Owners can enjoy elements of raising their own beef without having to toil in the process.  In short, Owners have title to the livestock; Elmartin Farm cares for it.   In  business parlance -- if one is attracted to this program as a business -- Elmartin operates your business and provides progress reports to you for your management, inspection, and consultation regarding extra feeding options, time to sell, auctions, USDA inspected slaugter facilities, transportation, other beef breed options, herd expansion at the farm,  and more.
 
Our beef cattle range freely on grasses and they are fed grain, too.  
 
Typical Feeding Operation
 
Calf 0-6 months -- fed milk or replacer
6-12 months -- grain & hay
12-18  months -- pastured if in season , or grain & hay
16+/- - 20 months -- pushed with grain

Calf Purchase Program
 
The Farm will locate and purchase a suitable calf or calves for the client who provides $_______ up front for each animal.  ( Prices range around $500 but vary dur to breeding, market demand, and calf's age.)   Should less be required, the balance remaining will be applied to monthly charges.
 
Any higher variation in the purchase cost shall be settled at the time the animal is brought to Elmartin Farm.
 
Received from _________________________________________  $____________
For ________________________________________________________________
Signed _______________________________________________ Date _________

Agreement Outline
 
Elmartin Farm (The Farm) enters into this agreement with the following Beef Calf Owner (The Owner) to raise his/her/their Calf or Claves:
 
 
Beef Calf Owner: __________________________________________________
 
Address:  ________________________________________________________
 
City / State / Zip: __________________________________________________
 
Telehpone #s      Land:  ___________________ Mobile ___________________
 
Email:  __________________________________________________________
 
 
 
SEE PRO FORMA AGREEMENT FOR DETAILS.
Below is offered as a quick synopsis.
Only a signed agreement is binding.
 
 
 
Farm Statement:
 
1)  The Farm houses, feeds, and cares for animal/s for a daily fee of $5.00 per day, billed monthly base one a set 30 day month.
2)  The Farm will use its customary, sound husbandry practices to provided a safe area for animals to grow.
3)  The Farm will not be responsible for natural deaths beyond XXX MONTHS of purchase, nor  accidental deaths or injury beyond its customary control.  This
includes acts of nature such as lightning and other ways such as  vehicular accidents either on the road or via vehicles leaving the road.
4)  The Farm arranges for finishing.
 
The Owners Statement:
1) The Owner owns or buys calf/feeder, usually 300 - 500 lbs
2) Bears any (and all) veterinary expenses
3)  Pays for insurance should the Owner decide to insure his/her investment
 
 
 
Calf, Heifer, or Steer Information

 

CALF / FEEDER #1

CALF / FEEDER #2

CALF / FEEDER #3

NAME
____________
____________
____________
COLOR
____________
____________
____________
AGE
____________
____________
____________
SEX
____________
____________
____________
WEIGHT
____________
____________
____________
DISPOSITION
____________
____________
____________

Monthly Fee:  __________________  The Fee is reviewed and/or adjusted monthly, if necessary, to reflect increases in feed prices.
 
Day Due Each Month: ___________
 
Owner's Signature:  ________________________________________________
Date:  ___________________________________________________________
 
Farm's Signature:  _________________________________________________
Date:  ___________________________________________________________
 
 

BEEF CATTLE AGISTMENT AGREEMENT
 
 
An agistment contract is a subcategory of bailment contracts, under which one party (the agistor) agrees to keep and care for the animals of another party, (the agistee or owner). It is a contract for taking in and feeding cattle on or from pasture land (plus supplements), in return for payment of consideration, such as a weekly or monthly fee. The existence of an agistment contract requires proof that 1) a duty of care for the animals was bargained for and agreed to by the agistor, 2) the animals were cared for and delivered in good condition by the gistor, and 3) payment was made by the agistee according to the agreement.
 
An agister is bound to ordinary diligence, and of course is responsible for loses by ordinary negligence; but he does not insure the safety of the cattle agisted.
Jones, Bailm. 91; I Bell's Com. 458; Holt's N. P. Rep. 547; Story, Bail. Sec. 443; Bac. Ab. Tythes, C l.
 
AGIST, in contracts. The taking of other men's cattle on one's own ground at a certain rate. 2 Inst. 643; 4 Inst. 293.  A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
 
BAILMENT
 
Bailment is the process of placing personal property or goods in the temporary custody or control of another. The custodian or holder of the property, who's responsible for the safe keeping and return of the property, is know as the bailee. The person who delivers or transfers the property to the bailee is known as the bailor. For a bailment to be valid, the bailee must have actual physical control of the property with the intent to possess it. The bailee is generally not entitled to the use of the property while it's in his possession. A bailor can demand to have the property returned to him at any time.
 
Types of Bailment Bailment is usually done by agreement as a paid service, which gives the property custodian a responsibility and obligation to protect the goods. Common examples of service agreement bailments are vehicles parked in a monitored parking garage, securities or bonds left with a bank, animals lodged at kennels and goods left at a storage facility under the control of the bailee. In addition to service agreement bailments where the bailee is paid for caring for the property, a bailment can also be involuntary.
 
A constructive bailment occurs when circumstances create an obligation for the bailee to protect the goods. With a constructive bailment, the bailment is implied by law. In the case of a tenant, roommate, or boyfriend or girlfriend abandoning property, an involuntary bailment might be created. Depending on the laws of the jurisdiction, the landlord or remaining tenants may have a duty to care for the property and return it to the abandoning tenant.
 
A bailment may also be a gratuitous bailment for which there's no payment. A gratuitous bailment occurs when someone finds lost property and protects it himself or places it in the custody of another, such as the police, until the lawful owner can be located.
 
Abandoned Property If a bailment agreement is set for a fixed term and the bailor fails to claim the property at the end of the term, he may be deemed to have abandoned the property. Alternatively, the voluntary bailment be converted into an involuntary bailment. However, if there's no clear term of bailment agreed upon, the bailor won't be deemed to have abandoned the property unless the bailee gives him notice that he no longer wishes to possess and protect the property.
Bailee's Duty of Care In all bailment situations, the bailee has a minimum duty of care to ensure the safety of the property. If the bailee breaches or fails to uphold that duty, he can be legally liable for damages. A bailee can also be held liable for conversion if he uses the property without the bailor's permission, or doesn't return the property to the bailor upon request. A higher standard of care is imposed upon a paid bailee. There's a lower standard of care imposed upon a bailee in a gratuitous bailment. With a bailment agreement or contract, the parties can agree to hold the bailee free from liability.
 
The bailee's standard of care is determined based upon the purpose of the bailment, and whether it's for the benefit of the bailee alone, the bailor alone or for the benefit of both parties. If the bailment is for the benefit of the bailee alone, then the bailee owes a duty of extraordinary care. If the bailment is for the benefit of both the bailee and the bailor, then the bailee owes a duty of reasonable or ordinary care. Reasonable care is care that a person of ordinary prudence would exercise in the same or similar circumstances. If the bailment is a gratuitous bailment and is for the benefit of only the bailor, then the bailee owes only a duty of slight care.
 
Damages A bailor is entitled to recover damages for lost or damaged property if he can show that the bailee failed to exercise the required degree of care and proximately caused damage or loss of the property. If the bailee exercised the required degree of care required, then the bailor won't be entitled to damages. With a gratuitous bailment, the bailee won't be liable for damage to the property unless he's grossly negligent.
Workshop Schedule
Workshop Schedule

CONTACT INFO

Client
Client Address
Client Address
 
Client Telephone
Client Cell Phone
 
Client Email
 
 

Elmartin Farm
Everett "Gus" Martin
Windsor Road
Cheshire, MA
 
413-743-9154
FEE SCHEDULE
Boarder agrees to pay the following fees
 
Boarding services (per day)
 $   2.00   
Attending labor and birthing
 $  25.00 
Special needs (per hour over 5 per mo)
 $  25.00
    
 
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ADDITIONAL FEES

10:00am
Intro to Gardening

PROVIDED SERVICES

Boarder
 Agrees not to unduly disrupt the agistor’s herd maintenance program and follow ranch rules including visiting requirements and pasture rules.

Agistor
 Agrees to provide adequate feed, supervision and facilities for normal and reasonable care required to maintain the health and well-being of the animals – the same standard of care provided to the agistor’s alpacas.  (See Feed Schedule – appendix A)

FEED / SUPPLEMENTS

Additional Charges Boarder agrees to pay these charges Cost of veterinary care and transportation to local vet. At Cost Reimbursement of pregnancy/delivery expenses provided by veterinarian. At Cost Other miscellaneous expenses that are not part of everyday feed and care such as immunizations, toenails, teeth No Cost

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MEDICAL TESTS

Cost of veterinary care and transportation to local vet
 At  Cost

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EMERGENCY CARE

Boarder
 Authorizes emergency veterinary care and agrees to pay all necessary and reasonable veterinary charges for services rendered to the boarder’s alpacas while in the care of agistor.  Boarder may specify limits for specific procedures/conditions where they must be first notified.

Agistor
 Agrees to notify the boarder as soon as possible regarding any required emergency veterinary service but will take appropriate action regardless of notification.

TRANSPORTATION

Boarder
 Is responsible for all costs of transportation of their alpacas to and from agistor.

 Agistor
 Is responsible to provide safe and adequate transportation to and from agistor’s ranch for purposes of veterinary care except when that care is being procured by the boarder.

BILLING / STATEMENTS

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INSURANCE

Boarder
 Agrees that their sole remedy, in the event of damage, loss or any event causing loss of value to an alpaca, adult or cria, shall be to make claim against the insurance policy they have acquired, and no claim will be made against the agistor.  Eden’s Ranch Alpaca strongly recommends that Boarders insure their alpacas with “Full Mortality” insurance. 

Agistor
 Will not carry insurance for boarder’s alpacas and other than due diligence for the care of the boarder’s alpacas will not be held responsible for claims.

HOLD HARMLESS

Boarder
 Agrees to hold agistor harmless from any claim resulting from damage or injury caused by the alpacas to anyone and agree to pay any attorney’s fees, costs or expenses while in the care of agistor.

 Agistor
 Agrees not to permit unsupervised persons near the boarder’s alpacas.  Agistor will keep perimeter gates secured and post signs indicating that all visitors must contact management before entering alpaca pens.

WAIVER OF LIABILITY

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 Agistor
 Shall not be liable for any sickness, disease, estray, theft, death or other injury which may be suffered by the alpacas, or for any other cause of action arising out of the boarding contract.

LEIN RIGHTS CONFERRED

Boarder
 Acknowledge that agistor shall have a lien upon the boarder’s alpacas to secure payment of all charges and monies that may become due and owing pursuant to this contract and that agistor will have the right to retain possession of alpacas until all charges are paid in full, or to sell alpacas, pursuant to the laws of Texas that pertain to enforcement of an agistor’s or liveryman’s lien rights.  In addition, the agistor shall be entitled to reasonable attorney’s fees and costs of suit in any legal proceeding to collect any amounts due, or to enforce or foreclose any lien arising under this contract.

Agistor
 N/A

LEGAL PROCEEDINGS

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BREACH

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LEGAL PROCEEDINGS
 
This Agreement is governed by the laws of the Commonwealth of Massachusetts.  Both parties promise to abide by Massachusetts and federal laws regarding the owning, movement, and entrustment of farm animals

AGENT / BROKER / ACCOUNT EXEC

John David Sottile is an Independent Broker/Contractor to this Agistment Agreement. He has a financial interest in the formation and successful fulfillment, completion and renewal of all agreements. His fee is derived from contract fees. It is paid by Elmartin Farm with funds derived from Boarders. In essence, his interest is to represent both parties.

Independent Broker
 
John David Sottile
74 Fourth Street
Pittsfield, MA 01201
 
413-442-2118

Fee Schedule
 Boarder agrees to pay the following fees
 
Boarding services (per day)
 $   2.00
   
Attending labor and birthing
 $  25.00
   
Special needs (per hour over 5 per mo)
 $  25.00
    
 
 
 

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