Contracts for Herdshares

This is no matter to take lightly. You want a legally binding agreement.

If you know an attorney that is willing to research what ultimately becomes the WV Code for these agreements, it would be best to make sure an attorney is involved in creating YOUR Agreement for you.

You will include the a release of liability in this agreement, and you will include an acknowledgement of risk, among other things.

It is important to realize there is no way to escape the possibility of liability regardless of what a consumer / herdshare member signs. Sometimes farm policies will not cover farms that offer share sales, so that is something to note. Consider a limited liability insurance policy.

You can read some working agreements online below:

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Take a Moment and read this Article from Weston A. Price on how to make sure you stay protected, as best you can, as a farmer!

One excellent organization to consider joining is Farm to Consumer Legal Defense fund. The cost is $125 a year and well worth the expense.

If you join, their attorney team will construct a herdshare agreement for you that works with what will be our state laws at that time. They are experienced at this and create agreements nationally.


You are also then entitled to various benefits, including:

Our 24-hour toll-free hotline for legal emergencies any time of day or night to speak with an attorney if you receive a warning letter from a government agency or if there is a surprise visit or inspection from a government agency.

Unlimited consultation with attorneys on matters within our mission including advice on federal, state and local agriculture and health department regulations affecting direct distribution of farm and artisan food products. A dairy and farm consultant is also available to give advice on matters related to farm operations.

Access to information on legal and regulatory issues that could affect your right to provide and obtain farm products and artisan foods.

Potential legal representation to defend access to and direct distribution of raw milk and other farm products as well as artisan foods.

Consistent with Internal Revenue Service regulations, we cannot guarantee representation in every case. However, in practice, we will come to the aid of our members to protect and advance the rights all to grow, raise, prepare, provide or obtain and consume nutrient-dense foods.


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