Panther Branch Farms — Combined Herd Share Member Agreements
Updated December 18, 2025
Table of Contents
- Bovine Bill of Sale (Undivided Interest in a Herd)
- Labor Services Agreement (Customized Dairy Products from Owner’s Raw Milk)
- Bovine Agistment Agreement (Boarding/Care/Milking)
- Exhibit A: Farm Operating Standards and Herd Health Protocols
1) Bovine Bill of Sale
of an Undivided Interest in a Herd
Renae West d/b/a Panther Branch Farms (“Seller”), whose address is 6600 St. Jens Lane, Raleigh, NC 27603, for valuable consideration in the amount of [Purchase Amount], received upon execution/acceptance by [Owner Full Name] (“Buyer”), has bargained and sold, and hereby does sell, grant, and convey unto Buyer the following property, goods, and chattels:
Property Sold
An undivided interest in a herd of cows (“Herd”) representing an ownership interest in [Number of Shares Purchased] share(s) out of a total number of [Total Shares] share(s) in the Herd.
Herd Location & Composition
The Herd is located at 6600 St. Jens Lane, Raleigh, NC 27603. The Herd currently consists of six (6) cows and any increases or replacements. Cows may be culled or removed from the Herd when such removal or culling is deemed necessary in the sole discretion of Seller.
Seller sells to Buyer the described undivided interest in the Herd.
Warranty of Title / No Liens
Seller warrants that at time of sale, Seller has full legal and equitable ownership of the Herd interest and that the Herd is not subject to any liens or security interests (recorded or unrecorded) of any lender or other third party.
Milk Production Share
Buyer’s interest in the Herd includes a share of the weekly milk production from the Herd. The amount of milk production attributable to Buyer’s undivided interest shall be an amount that is equivalent to Buyer’s percentage ownership interest in the Herd. This percentage is based on the Herd’s historical and projected milk production. For example, if the Herd produces 4 gallons of milk per week, and Buyer owns 14% of the Herd, then Buyer is entitled to 14% of the 4 gallons of milk produced by the Herd for that week.
Transfer / Right of First Refusal
Should Buyer wish to sell his/her interest in the Herd, Seller has the first right of refusal to purchase Buyer’s interest at the price that Buyer initially paid Seller for such interest. Should Seller not exercise its first right of refusal, any transfer of Buyer’s interest can only occur with Seller’s approval, which shall not be unreasonably withheld.
Risk of Loss
Risk of loss concerning the Herd Shares sold under this Agreement will pass from Seller to Buyer upon acceptance of this Agreement. Seller shall not be liable to Buyer for any loss of or damage to the Herd.
Governing Law
This Agreement shall be construed exclusively in accordance with the laws of the State of North Carolina.
Acknowledgement
By accepting this Agreement digitally, Buyer acknowledges receipt and sufficiency of this Agreement.
2) Labor Services Agreement
for the Production of Customized Dairy Products from an Owner’s Raw Milk
This Labor Services Agreement (“Agreement”) is entered into on [Effective Date] between [Owner Full Name] (“Owner”) and Renae West d/b/a Panther Branch Farms (“Processor”).
Through this Agreement, Owner agrees to compensate Processor for labor incurred in order to make customized dairy products from Owner’s raw milk as set forth in this Agreement.
- Owner Ownership of Raw Milk. Owner declares and affirms that they own the raw milk to be used by Processor for the making of dairy products. Owner agrees that the Processor shall have temporary possession of that raw milk for the making of these dairy products.
- Location of Services. Processor’s services will be rendered at 6600 St. Jens Lane, Raleigh, NC 27603 (the “Farm”).
- Payment Timing. Processor’s labor rate charged will be due and payable upon receipt by Owner of Owner’s dairy products made from his/her raw milk.
- Labor Charges for Products. Owner agrees to pay for the labor required to produce the dairy product(s) as detailed below (amounts removed; fill in as needed):
- Dairy Product — Labor Charge (per unit) — Quantity
A. Butter — $10 — 1 pound
B. Yogurt — $10 — 1 quart
C. Buttermilk — $10 — ½ gallon
D. Specialty Cheese — $6 — ½ pound - Term. This Agreement is a recurring contract and shall be valid for up to five (5) years, at which time it shall terminate unless extended by written agreement of the parties.
- Ownership; No Sale of Finished Products. At all times during the pendency of this Agreement, the ownership of the raw milk and the dairy products made from that raw milk remain the sole property of Owner. The finished dairy products are not being sold or exchanged between the parties; Processor’s services are retained solely for the making of customized dairy products from Owner’s raw milk.
- Quality Control. Quality control standards shall be adopted by Processor during the pendency of this Agreement, and those standards shall govern the making of finished dairy products subject to this Agreement.
- Liability Disclaimer. Processor shall not be liable for any injury, illness, death, loss, or damage resulting from the handling or consumption of raw dairy products and/or any other food by Owner, Owner’s family, or Owner’s guests nor for any injury suffered by Owner, Owner’s family, or Owner’s guests while on the Farm.
- Indemnification. Owner agrees to indemnify Processor for any injury, illness, death, loss, or damage caused in whole or in part by the handling or consumption of raw dairy products and/or any other food provided by Owner to another party and for any injury suffered while on the Farm by Owner, Owner’s family, or Owner’s guests.
Acknowledgement
By accepting this Agreement digitally, Owner agrees to the terms above.
3) Bovine Agistment Agreement
Boarding Contract
This Agreement is made effective on [Effective Date] by and between Renae West d/b/a Panther Branch Farms (“Agister”) and [Owner Full Name] (“Owner”). This is a boarding contract.
Recitals
Agister possesses dairy facilities at 6600 St. Jens Lane, Raleigh, NC 27603 (the “Dairy Facilities”), for the holding, care, handling, and milking of dairy cows. Owner wishes to board the cow(s) constituting his/her undivided interest in the herd of dairy cows (the “Herd”) at the Dairy Facilities.
Agister has agreed to provide care and boarding for the Herd at the Dairy Facilities for a monthly fee of [Monthly Boarding Fee Per Share] per month per share on behalf of Owner (together with all other Herd Owners also entering into a similar agreement with Agister).
The parties agree as follows:
1. Definitions
A. “Agister” means Renae West d/b/a Panther Branch Farms, the person who will pasture and control the Herd at the Dairy Facilities; feed, maintain and care for the Herd; milk the Herd; and make dairy from the Herd available for pick up by Herd Owner.
B. “Agistment” means pasturing and controlling the Herd at the Dairy Facilities; feeding, maintaining and caring for the Herd; milking the Herd and making dairy from the Herd available for pick up by Herd Owners.
C. “Herd” means the dairy cows referred to above, augmented annually by any increases (male or female) and replacements, and diminished annually by any decreases.
D. “Herd Agreements” means, collectively, this Agreement and all other similar agreements signed by all other Owners of the Herd.
E. “Owner” means a person who possesses an undivided interest in the Herd.
F. “Herd Owners” means, collectively, all of the Owners of undivided interests in the Herd.
G. “Percentage Interest” means the undivided percentage interest of Owner (or another person) in the Herd determined by dividing the total number of the Owner’s (or other person’s) shares in the Herd by the total number of shares authorized to be sold in the Herd.
2. Share(s) of the Herd
A. As evidenced by the document titled Bovine Bill of Sale, Owner has purchased [Number of Shares Purchased] share(s) in the Herd for a per-share purchase price of [Per-Share Purchase Price]. This per-share purchase price is in addition to the boarding fees established in Section 3 of this Agreement.
B. Owner expressly disclaims any ownership rights to any calves that may be born into the Herd from time to time or meat that may be harvested. Owner acknowledges that calves may or may not become a part of the Herd at Agister’s discretion and, if Agister sells the calves, Owner expressly disclaims any interest in the proceeds from that sale.
3. Boarding Fees
A. Owner shall pay to Agister a monthly care and boarding fee of [Monthly Boarding Fee Per Share] per share owned by Owner. The first month’s fee is due upon execution/acceptance of this Agreement, and Owner is thereafter responsible for paying the fee each month when milk shares are picked up, and even if milk shares are not picked up.
The date that milk shares are picked up will be set by Agister based on availability of milk and may be subject to change based on supply. If Owner does not pick up his/her milk share within two (2) days after the scheduled date, milk may be disposed of as Agister prefers and as permitted by law.
The parties agree that the amount of the care and boarding fee set forth herein is a fair and reasonable charge for the services and supplies to be provided by Agister to Owner under this Agreement. Payment shall be made by cash, credit card, or other method agreed upon in advance by the parties.
B. Agister may, at its discretion, adjust the fee up to twice per calendar year to cover any increased expense of boarding and caring for the Herd, such increase not to exceed 25% annually. If Agister determines, or Owner requests, any special services beyond those required under this Agreement, Agister will inform Owner of the amount of additional charges to be paid by Owner.
4. Allocation of Milk
A. It is estimated that one share will typically yield one (1) gallon per week of the Herd’s milk production, but the actual amount Owner receives will be based on actual production, which will vary.
B. Agister shall provide glass wide mouth jars with plastic lids for the storage of milk for a fee of [Jar/Lid Fee] per jar and lid. Owner assumes all responsibility for cleaning and returning the jars and lids at the next milk pickup to Agister for refilling. Agister may impose an additional charge to replace broken, unclean, unreturned, or unusable jars or lids. Return of cleaned jars and lids is a condition of this Agreement.
C. The dates and times for milk pickup will be agreed upon in advance between the parties and shall thereafter remain consistent each week. Owner agrees to receive his/her share of milk directly and in person. Agister will not release Owner’s milk to anyone but the Owner, or the Owner’s agents.
D. Owner agrees that all milk obtained from the Herd will be used only for consumption by Owner and his/her immediate family and accepts all risk and responsibility of consumption by anyone, including but not limited to himself/herself and his/her immediate family.
E. On request, Owner may have Agister produce butter, yogurt, or other products with Owner’s share of milk, and the parties will enter into an additional agreement for prices for such labor.
5. Duties of Agister
Agister’s duties under this Agreement shall include:
A. Boarding the Herd at the Dairy Facilities, and maintaining and caring for the Herd pursuant to the aspirational herd health protocols attached as Exhibit A, to the extent possible;
B. Managing the Herd for the Herd Owners and acquiring and disposing of cows as needed to maintain the health and production of the Herd;
C. Paying all expenses to maintain and care for the Herd as required above, except that Owner shall pay pro rata on a per share basis extraordinary veterinary expenses, including but not limited to tests conducted in accordance with Exhibit A; and
D. Providing appropriate reports to apprise Owner of the condition, health, and performance of the Herd.
6. No Sale of Milk / Indemnification
Agister and Owner acknowledge that the sale of raw milk is prohibited by the State of North Carolina. Under no circumstances shall either Agister or Owner transfer the ownership or possession of any raw milk production from the Herd in any transaction that would constitute a sale of milk in violation of the statutes of the State of North Carolina.
Agister and Owner each agree to indemnify and hold the other harmless for any liability, loss, damage, expense, or penalties incurred by the other because of a breach of the provisions of this Agreement by the indemnifying party.
This Agreement is made pursuant to N.C. Gen. Stat. § 106-266.35(d), which allows for the personal use or consumption of raw milk or raw milk products to “an independent or partial owner of a cow, goat, or other lactating animal.”
7. Lien for Charges; Enforcement
A. Owner shall timely pay the care and boarding charges and other charges contemplated by this Agreement. Agister shall have, and Owner hereby grants to Agister, a lien and security interest in Owner’s undivided interest of the Herd for all unpaid purchase price, care and boarding, and other charges that this Agreement obligates Owner to pay. The lien has priority over perfected and unperfected security interests, pursuant to N.C. Gen. Stat. § 44A-2(c).
B. If payments are not paid within the time provided herein or otherwise agreed, Agister may dispose of Owner’s interest in the Herd for any and all unpaid charges at public or private sale, consistent with North Carolina law. Agister shall follow the notice and hearing requirements of N.C. Gen. Stat. § 44A-4. In the alternative, Agister may acquire Owner’s interest in the Herd in satisfaction of the debt.
8. Ownership
A. Owner agrees that ownership in the Herd does not entitle Owner to any rights in real or personal property owned by Agister or Farm.
B. Owner and Owner’s immediate family may visit the Dairy Facilities by prior appointment only and may only visit under the supervision and with the express permission of Agister.
9. Owner’s Assumption of Risk and Waiver of Claims
A. Owner understands and acknowledges that raw milk may contain harmful pathogens and that its consumption is not recommended by the Centers for Disease Control (CDC), the Food and Drug Administration (FDA), the North Carolina Department of Agriculture and Consumer Services, and the North Carolina Board of Agriculture. Owner agrees to educate family members about the risks of consuming or improperly storing raw milk and releases Agister from any responsibility for the education of Owner’s family members or guests.
B. Owner acknowledges risks of harm when entering Agister’s premises, including proximity to farm equipment and visiting and/or interacting with the Herd and other farm animals.
C. By accepting this Agreement, Owner knowingly and voluntarily assumes the risk of any and all such harm and waives any and all right to make, file, or pursue any claims, demands, suits, actions, causes of action, damages, etc. against the other Herd Owners, Agister, or any of Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, etc. that may arise out of, or relate to, any injury, illness, death, loss, or damage:
(1) caused to Owner, in whole or in part, by (a) handling or consumption of raw milk produced by the Herd; or (b) visiting or entering upon Agister’s premises or any premises where the Herd is located; or
(2) caused to the Herd, in whole or in part, by the care and/or boarding of the Herd by Agister.
10. Indemnification
A. Owner shall indemnify, defend, and hold harmless Agister and Agister’s agents, employees, representatives, principals, lessors, lessees, vendors, contractors, subcontractors, and all other Herd Owners against any and all demands, claims, liabilities, suits, actions, causes of action, etc. for any injury, illness, death, loss, costs, or damage that arises out of or relates to:
(1) handling, consumption, or use of any milk produced by the Herd after it has been retrieved or otherwise obtained by Owner;
(2) the visit of any person that Owner brings to or causes to visit Agister’s premises or any premises where the Herd is located; and/or
(3) any failure by Owner to comply with this Agreement or with any rules, procedures, directions, orders, etc. of Agister authorized or permitted by this Agreement.
B. Owner acknowledges participation in an agritourism activity within the meaning of N.C. Gen. Stat. § 99E-30 and assumes the risks of participating in agritourism activities at Agister’s premises.
Agister will post the following warning at the Dairy Facilities:
WARNING
Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.
11. Claims
Should either Agister or Owner seek to assert any claim against the other for any reason in connection with their duties and responsibilities in this Agreement, other than a claim of nonpayment under Section 7, the nature of the claim shall be made in writing and served on the other party within one hundred eighty (180) calendar days of learning of the circumstances giving rise to the claim. Otherwise, such claim shall be waived.
12. Arbitration of Disputes
All disputes, claims, and questions regarding the parties’ rights and obligations under this Agreement (other than a claim of nonpayment under Section 7) are subject to arbitration.
A written demand for arbitration may be served by either party on the other within one hundred eighty (180) calendar days after the dispute first arises, including any demand for arbitration served in compliance with a written claim made pursuant to Section 11.
The parties shall agree on an arbitrator in accordance with the rules of the American Arbitration Association. Each party shall pay its own arbitration costs, except the costs of the arbitrators shall be shared equally.
13. Termination
A. This Agreement shall be effective upon acceptance and continue until terminated by either party upon written notice served by email, regular, or registered mail (return receipt requested) to the email or street address of each party provided to the other, not less than ten (10) calendar days prior to the expressly stated date of termination, unless caused by catastrophic loss of Herd animals or due to acts of God, in which case notice shall be given as soon as practicable. Receipt shall be effective as of the day after electronic transmission or mailing.
B. Upon termination of this Agreement by Agister, Owner may demand that Agister purchase Owner’s shares at the price originally paid.
14. First Right of Refusal
Upon written notice of termination of this Agreement by Owner, or should Owner wish to sell his/her interest in the Herd, Agister has the first right of refusal to purchase Owner’s interest at the price that Owner initially paid Agister for such interest. Should Agister not exercise its first right of refusal, any transfer of Owner’s interest can only occur with Agister’s approval, which shall not be unreasonably withheld.
15. Force Majeure
Neither Agister nor Owner shall be responsible for any delay or failure of performance under this Agreement if caused by any matter beyond the control of that party, including, but not limited to: government regulations, public emergency, public health emergency or necessity, herd diseases that result in quarantines or depopulation, legal restrictions, labor disputes and actions related thereto, riot, war, or insurrection, and windstorms, rainstorms, ice storms, snowstorms, floods, or any other acts of God.
16. Miscellaneous
A. Construction. When necessary for proper construction, the masculine of any word used in this Agreement shall include the feminine and gender neutral; the singular, the plural; and vice versa.
B. Governing Law. This Agreement is executed, delivered, and shall be construed in accordance with and governed by the laws of the State of North Carolina.
C. Severability. If any provision(s) is invalid, such invalidity shall not impair the operation of or affect those portions which are valid.
D. Notice. Any notice required by this Agreement shall be in writing and served by registered mail (return receipt requested) to the recipient’s address shown in Agister’s records. Receipt shall be effective as of the day after mailing.
E. Waiver. No express or implied assent or waiver to a breach of any provision shall constitute a waiver of any succeeding breach.
F. Assignment. This Agreement and each provision shall inure to the benefit of and be binding upon the parties, their successors and permitted assigns.
G. Condition Precedent. Mutual execution/acceptance of the Bovine Bill of Sale (as drafted by Agister) is a condition precedent to the effectiveness of this Agreement.
Acknowledgement
By accepting this Agreement digitally, Owner agrees to the terms above.
Exhibit A
Farm Operating Standards and Herd Health Protocols
Agister agrees to operate Panther Branch Farms, located at 6600 St. Jens Lane, Raleigh, NC 27603 (the “Farm”), under the general standards below, which are subject to change:
- Dairy animals will be kept clean and milked in clean stables/parlors where rodents, flies, and manure will be controlled, and the Farm will not be littered with dead livestock or have persistent standing water or mud near milking areas.
- Milk will never be produced for consumption from any dairy animal with any apparent illness or from any animal treated with antibiotics or other drugs that require a withdrawal period. If a dairy animal is treated with drugs for illness, milk produced from the treated dairy animal will be discarded during the withdrawal period specified by the drug’s manufacturer. If a dairy animal is treated with antibiotics, then milk will be tested and found to be antibiotic-free before returning to production.
- Animals will be tested as they are introduced to the Herd for A2 status, and weekly for Mastitis, Coliform, and Standard Plate count. Other tests will be conducted within Agister’s discretion; inquire for further details.
- Dairy animals shall be fed a predominantly pasture-based diet, a hay-based diet, a forage-based diet, or a combination thereof, depending on climate conditions.
- The Farm will, upon request, advise Owner concerning the appropriate handling of milk produced by animals boarded at the Farm.
- If Owner becomes aware of specific instances in which these standards are not being met, Owner will promptly notify Agister regarding these instances and Agister will make reasonable efforts to take corrective action or advise Owner of corrective actions currently being taken.
- Failure of the Agister to comply with the Farm Operating Standards and Herd Health Protocols shall not constitute a breach of contract. The Farm Operating Standards and Herd Health Protocols are aspirational only.
