By purchasing this lifetime membership, you are agreeing to the following statements:
I, for membership fee paid in hand, do hereby apply for membership in the Camel Milk Association, Camel Milk Association, a private membership organization. With the acceptance of this membership agreement, I/we accept the offer made to become a member of Camel Milk Association, and have read and agree with the following Declaration of Purpose from Article I of Camel Milk Association's Articles of Association.
1. This Association of members hereby declares that our main objective is to maintain and improve the constitutional guarantees of every member and citizen of the United States of America. We believe that the Constitution of the United States is recognized by the Supreme Court as the supreme law of the land.
2. We believe that the First Amendment of the Constitution of the United States of America guarantees our members the rights of free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another under the Federal and State Constitutions and Statutes.
IT IS HEREBY declared that we are exercising our right of "freedom of association" as guaranteed by the 1st and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions. This means that our association activities are restricted to the private domain only.
3. We declare the basic right of all of our members to select spokesmen from our number who could be expected to give wisest counsel and advice concerning the need for and availability and access to food and to select from our number those members who are the most skilled to assist and facilitate the actual performance and delivery of products.
4. We proclaim the freedom to choose and decide for ourselves the types of products, services and methods that we think best for healthy eating and preventing illness and disease of our minds and bodies and for achieving and maintaining optimum wellness. We proclaim and reserve the right to include healthy food options that include but are not limited to cutting edge discoveries and farming practiced or used by any types of healers or therapists or practitioners the world over whether traditional or nontraditional, conventional or unconventional.
5. More specifically, the mission of our Association is to provide members with the highest level of food quality and the most effective methods of producing said foods. We offer members these food options. Our Association understands that wellness has many dimensions and strives every day to stay on the leading edge of new technology that leads to better wholesome foods. The Association strives and provides the healthy food choices in the most effective means of delivery of these foods at an affordable fee. More specifically, the Association specializes in raw milk and demands access to foods and supplements of our choice. The Association offers to member's alternates to other type foods and provide other benefit to members.
6. The Association will recognize any person (irrespective of race, color, or religion) who is in accordance with these principles and policies as a member, and will provide a medium through which its individual members may associate for actuating and bringing to fruition the purposes heretofore declare
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MEMORANDUM OF UNDERSTANDING
I understand that the fellow members of the Association that provide products and services do so in the capacity of a fellow member and not in the capacity as a licensed wholesaler, retailer or provider. I further understand that within the association no wholesaler/retailer-customer relationship exists but only a contract member-member Association relationship. In addition, I have freely chosen to change my legal status as a public consumer/customer to a private member of the Association. I further understand that it is entirely my own responsibility to consider the recommendations and products offered to me by my fellow members and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended products and is my own carefully considered decision. Any request by me to a fellow member to assist me or provide me with the aforementioned recommendations or products is my own free decision in an exercise of my rights and made by me for my benefit, and I agree to hold the Trustee(s), staff and other worker members and the Association harmless from any unintentional liability for the results of such recommendations and products, except for harm that results from instances of a clear and present danger of substantive evil as determined by the Association, as stated and defined by the United States Supreme Court.
The Trustee and members have chosen Marlin Troyer as the person best qualified to perform services to members of the Association and entrust them to select other members to assist them in carrying out that service.
In addition, I understand that, since the Association is protected by the First and Fourteenth Amendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), members or other staff persons. All rights of complaints or grievances will be settled by an Association Committee and will be waived by the member for the benefit of the Association and its members. Because the privacy and security of membership records maintained within the Association, which have been held to be inviolate by the U.S. Supreme Court, the undersigned member waives complaint process. Any customer/consumer records kept by the association will be strictly protected and only released upon written request of the member. In addition, the Association does not participate in any insurance plans.
I agree to join the Association, a private membership association under common law, whose members seek to help each other achieve better health and live longer with good quality products.
I understand that the providers who are fellow members of the Association are offering me products, services and benefits that do not necessarily conform to conventional products on the market. Concerning raw milk member agrees that he/she is aware of any risks that maybe associated with the consumption of raw milk. Member agrees that he/she is personally assuming liability for the consumption of raw milk. Member further agrees that he/she will educate all family members of any risk associated with the consumption of raw milk.
Member also agrees to hold harmless the association and its Trustees for any incidental, consequential or special damages incurred resulting from the use of raw milk. Or any other raw, whole, processed or unprocessed food or food supplements.
As a member, I accept the goals of helping my body function better and choosing food products that are very safe, realizing that no product testing is foolproof. Other aspects of informed consent will take place in my discussions with the providers and my fellow members of the Association.
My activities within the Association are a private matter that I refuse to share with, the FDA, FTC, State Milk Board(s), USDA, Agricultural Board(s) State Medical Board(s) and any other governmental agency Page 2 of 3
without my expressed specific permission. All records and documents remain as property of the Association, even if I receive a copy of them. I fully agree not to file a liability lawsuit against a fellow member of the Association, unless that member has exposed me to a clear and present danger of substantive evil. I acknowledge that the members of the Association do not carry liability insurance.
The Trustee(s) shall have the right to sanction a member upon unanimous vote of the Trustee(s), after a hearing of the facts where the member may be present after notification. The sanctions include removal from active membership or imposing any other special and necessary conditions upon any member who shall discredit or bring harm to the Association in any manner.
I enter into this agreement of my own free will or on behalf of my dependent without any pressure or promise of products. I affirm that I do not represent any State, local or Federal agency whose purpose is to regulate and approve products, nor on a mission of entrapment or investigation. Hereby I attest that I am acting solely on my own behalf.
I have read and understood this document, and my questions have been answered fully to my satisfaction. I understand that I can withdraw from this agreement and terminate my membership in this association at any time. These pages and Article I of the articles of association of the Association consist of the entire agreement for my membership in the Association and they supersede any previous agreement.
I understand that the membership fee entitles me to receive those benefits declared by the Trustee(s) to be "general benefits" free of further charge. I agree to pay as levied those benefits that I receive that are declared by the Trustees to be "special assessments", per Fee Schedule.
I agree to make the online payment of the sum of $25.00 (non-refundable) as consideration for my lifetime membership contract, "lifetime" meaning the lifetime of the membership association, said term beginning with the date of the electronic acceptance of this contract, and by these presents do hereby certify, attest and warrant that I have carefully read the above and foregoing Camel Milk Association's Contractual Application for Membership, and I fully understand and agree with same.
Herd Share Terms and Conditions
THIS AGREEMENT (hereinafter “Agreement”), made on this date of e-service confirmation (hereinafter “Effecive Date”) by and between CAMEL MILK ASSOCIATION, A Private Membership Associaiton (hereinafter “Seller or Agister”) and ______________________________ (hereinafter “Buyer”).
1. Seller is the owner of dairy facilities located at 8380 S. Tyndall Rd., Branch, MI 49402 (hereinafter “Farm”) where camels are held, cared for, handled and milked.
2. Buyer desires to purchase an interest in the Herd and to board the camel’s constituting Buyer’s interest in the Herd at the Farm.
3. Seller agrees to divide the ownership of the Herd into shares of an undivided interest to be sold for $60 per share, and to provide care and boarding of the Herd at a rate of $10.00 per pint of fluid milk produced by the herd including any other product seller provides to buyer of said herd share indicated. Buyer also agrees this boarding fee may change at the sole discretion of the Trustee of the Association. Buyer agrees to board camels constituting Buyer’s interest in the Herd with Seller, as an agister, and to have Seller pasture, care for, and milk said camels.
In addition to the other terms defined in this Agreement, for purposes of this Agreement, the terms:
4. “Agister” shall mean the individual who pastures, controls, feeds, maintains, cares for and milks the Herd on behalf of the Herd owners or their agents.
5. “Agistment” shall mean pasturing, controlling, feeding, maintaining, caring for and preparing the production from the Herd on behalf of the Herds owners or their agents.
6. “Herd Share Agreements” shall mean collectively this Agreement and all other substantially similar agreements executed on behalf of the remaining undivided interests in the Herd.
7. “Owner” shall mean the individual identified as the Buyer in this Agreement.
8. “Herd Owners” shall mean collectively all owners of undivided interest in the Herd.
9. “Percentage Interest” shall mean the undivided percentage interest of Buyer in the Herd determined by dividing the number of shares authorized in the Recitals above.
10. “E-service Confirmation” means the date on which Buyer, after creating an online account as a full member according to the terms of Agister’s website, electronically executes, signs or confirms assent to this Agreement.
SALE / PURCHASE OF SHARES
11. By the signature affixed below, Buyer sells, grants and conveys to Buyer, his/her personal representatives, successors and assigns, an undivided interest of ____ share(s) in the Herd.
12. In consideration, Buyer shall pay Seller $60 at the time the shares are transferred.
13. For boarding his/her undivided interest in the Herd, Owner shall pay to Agister a boarding fee to compensate Agister for care, equipment deprecation, maintenance and feed at a rate of $10.00 per pint of fluid milk produced by the Herd.
SHARES OF MILK
14. Owner shall be entitled to receive the production of milk from the Herd according to the percentage of production equal to Owner’s percentage interest in the Herd.
DUTIES OF AGISTER
In addition to any other duty provided in this Agreement, the following duties apply to Agister:
15. To board the Herd at the Farm and to provide any other reasonable service required by this Agreement or requested by the Herd Owners;
16. To maintain and care for the Herd using sound practices in accordance with generally accepted health standards and operating standards applicable to the care of female camels and the handling of milk produced therefrom;
17. To manage the Herd for and on behalf of the Herd Owners and to acquire and dispose of camels as shall be necessary to maintain the health and productive capacity of the Herd;
18. To pay all expenses for maintaining and caring for the Herd as required above, except as provided in Paragraph 19 below.
19. To provide reports to Owner as shall be appropriate to apprise Owner of the condition of the Herd and any other information that will be useful to Owner regarding the health and performance of the Herd.
20. Should Agister determine that special services are reasonably necessary, or should Owner request Agister to perform any special service beyond boarding required under this Agreement, Agister and Owner shall agree as to the amount of charges, if any, in addition to the monthly boarding fee.
NO SALES OF MILK
21. Agister and Owner acknowledge that state law prohibits the unlicensed sale of raw milk. Under no circumstances shall either Agister or Owner transfer the ownership or possession of any raw milk production in violation of state law. Agister and Owner agree to hold the other harmless for any liability, loss, damage, expense or penalty incurred by the other.
LIEN FOR CHARGES; ENFORCEMENT
22. Owner shall timely pay to boarding and other charges contemplated by this agreement. Seller / Agister shall have, and Owner hereby grants to Seller / Agister a lien and security interest in Owner’s undivided interest in the Herd for all unpaid charges.
23. In the event Owner defaults on any valid charge, Seller / Agister may dispose of Owner’s interest in the Herd at any public or private sale, with or without public notice, 10 days after giving Owner written notice. Seller / Agister shall apply the proceeds of any such sell to Owner’s unpaid balance and shall remit any surplus to Owner. In the alternative, Seller / Agister may acquire Owner’s interest in the Herd as satisfaction of the debt.
OWNERSHIP / TRANSFER
24. Owner specifically represents and warrants to Agister that Owner acquired his/her interest herein for Owner’s own use and benefit.
25. Each Herd Share Agreement affecting the Herd depends upon the interest of the Herd Owners. Therefore, the parties acknowledge and agree that any and all transfers or assignment of Owner’s interest remain subject to the terms and conditions of this Agreement. Any transferee or assignee of Owner’s interest may negotiate new terms with Seller / Agister upon acquiring said interest.
26. Agister shall be liable to Owner for any loss or damage resulting from the boarding of the Herd.
27. Agister shall not be liable to Owner for any sickness, death, loss or damage from the handling or consumption of raw milk produced by the Herd.
28. Agister shall not be liable to Owner for any sickness, death, loss or damage suffered while on Agister’s premises.
ARBITRATION OF DISPUTES
29. All disputes, claims and questions regarding the rights and obligations of the parties under the terms of this Agreement other than a claim of nonpayment contemplated by Paragraph 19 are subject to arbitration. Either party may serve on the other a written demand for arbitration within a reasonable time after discovering the conflict.
30. Arbitration shall be conducted by three arbitrators, one appointed by Seller / Agister, one by Owner, and a third by the two appointed arbitrators in accordance with the rules of commercial arbitration of the American Arbitration Association. Each party shall pay its own costs in connection with arbitration and the cost of the arbitrators in equal amounts.
EFFECTIVE DATE AND DURATION
31. The sale of camels by the terms of this Agreement is effective upon execution.
32. The terms of this Agreement pertaining to agistment shall become effective upon Agister’s written certification that a majority of authorized shares are subject to executed Herd Share Agreements. Notwithstanding any delay in the effective date for all other aspects of this Agreement, the Owner’s obligations specified in Paragraph 12 become effective upon execution.
TERMINATION OF AGISTMENT
33. Agister may only terminate this Agreement after 90 days written notice to Owner and all other Herd Owners providing notice of the termination of all Herd Share Agreements affecting the Herd.
34. Upon termination of this Agreement, Agister shall retain the first right or refusal to purchase all shares of the Herd Owners within 20 days of the date of termination.
35. Since the sale of Owner’s interest in the Herd are subject to the terms of this Agreement, Owner may not terminate this Agreement, but may transfer or assign his/her interest as any owner of an undivided interest in property.
36. Notwithstanding anything to the contrary in this Agreement, neither Agister nor Owner shall be responsible for any delay or failure of its performance under this Agreement caused by anything beyond the control of either party, including but not limited to government regulation, public emergency, labor disputes and actions related to riot, war, insurrection, windstorms, rainstorms, snowstorms, floods or other acts of God.
37. Construction. When necessary for proper construction, the masculine of any word in this Agreement shall include the feminine, neuter gender, singular, plural and vice versa.
38. Governing Law. This Agreement, being executed and delivered in the State of Michigan, shall be governed in accordance with the laws of the State of Michigan.
39. Notice. Any notice required by this Agreement shall be in writing and served by registered mail, return receipt requested, to the recipient’s last known address.
40. Entire Agreement. This Agreement constitutes the entire agreement between the parties and may not be modified or amended except in writing by both parties.
41. Waiver. No assent or waiver, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding breach.
42. Incorporation by Reference. All schedules, exhibits and attachments referred to in this Agreement are incorporated by reference and made part of this Agreement.
43. Assignment. This Agreement and each of its provisions shall inure to the benefit of and be binding upon the parties, their successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Both parties agree that a single original of this Agreement will be executed.