Assumption of Risk, Release of Claims, and Indemnification
THIS DOCUMENT IS A RELEASE AND LIMITS YOUR RIGHT TO RECOVER DAMAGES IN CASE OF ILLNESS, DISEASE, INFIRMITY, OR DEATH AND ALSO SETS FORTH CERTAIN INDEMNIFICATION OBLIGATIONS. READ IT CAREFULLY BEFORE BUYING ANY DAIRY PRODUCTS. THE PURCHASE OF DAIRY PRODUCTS FROM RUNNING TAB RANCH CONSTITUTES YOUR ACCEPTANCE OF THIS DOCUMENT.
Regulation of the Sale of Raw Milk in the State of Kansas
Federal law mandates pasteurization for all milk distributed in interstate commerce in package form intended for direct human consumption. In deciding upon the pasteurization requirement, the United States Food and Drug Administration (“FDA”) reasoned that pasteurization was the only way to assure the destruction of pathogenic microorganisms that might be present in raw milk. However, State law governs intrastate sales of raw milk. In the State of Kansas, an individual may purchase on farm sales of raw milk. Raw milk product must be clearly labeled as "raw milk". KS Statutes: Ch. 65, Art. 7: 65-784; 65-789; 65-771(cc); 65-778
We can convert your milk or cream into butter, buttermilk, yogurt, and cheeses under a contract for hire agreement, for additional labor cost to you. The Farm To Consumer Legal Defense Fund defends the right of herd share owners and consumers who are legally allowed to purchase unprocessed raw milk, to hire the farmer under a labor/service contract to process their milk for them into other dairy products for a fee. When ordering yogurt or butter, you are buying milk or cream, and then contracting us to convert the milk or cream you now own, into yogurt or butter for you. There is no sale of a processed product because legal title to the milk/cream belongs to the consumer.
RELEASEES:
As used in this document, the term “Running Tab Ranch Affiliates” means Running Tab Ranch, any owners and operators of any real or personal property or equipment utilized by Running Tab Ranch, members, owner(s) of any membership interest, managers, employees, advisors, representatives or agents of Running Tab Ranch.
ASSUMPTION OF RISK:
While there may be possible health benefits associated with consuming pure, clean, raw milk from healthy grass fed animals, I acknowledge that the FDA has concluded that the risks associated with the consumption of raw milk outweigh any possible health benefits that may arise from consuming raw milk. The consumption of raw milk or raw milk products may have inherent risks and dangers as well as risks that may be individual in nature, and may put me and members of my family in my household at risk of SERIOUS FOODBORNE ILLNESS, DISEASE, INFIRMITY or EVEN DEATH from pathogenic bacteria such as Salmonella, E coli O157:H7; Listeria, Campylobacter and Brucella. Illnesses caused by such pathogens may manifest symptoms including but not limited to diarrhea, abdominal cramps, body ache, vomiting, fever, headache, nausea, and dehydration and such illnesses can be especially severe for pregnant women, the elderly, infants, young children and people with weakened immune systems. I hereby certify that I understand the possible health risks that may be associated with the consumption of raw milk and raw milk products. In consideration of being allowed to purchase raw milk or raw milk products from Running Tab Ranch, I ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY ILLNESS, DISEASE, INFIRMITY, HEALTH AILMENT, OR EVEN DEATH, OF MYSELF AND ANY FAMILY MEMBERS IN MY HOUSEHOLD ASSOCIATED WITH THE CONSUMPTION OF RAW MILK OR RAW MILK PRODUCTS I OR ANYONE FROM MY HOUSEHOLD MAY PURCHASE FROM RUNNING TAB RANCH.
RELEASE OF CLAIMS:
TO THE FULLEST EXTENT PERMITTED BY LAW I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE each and all of the Running Tab Ranch Affiliates from all liability to myself, any minor or other family member in my household, my personal representative or estate, assigns, heirs and next of kin, or such minor’s estate, assigns, heirs and next of kin, for any and all loss or damage and any claims and/or demands on account of any illness, disease, infirmity, health ailment, death or damage to me or any minor or other member of my household.
INDEMNIFICATION:
In addition to and without limiting anything contained herein, I hereby agree to indemnify each and all of the Running Tab Ranch Affiliates against, and agree to protect, save and hold harmless the Running Tab Ranch Affiliates from any and all liabilities, obligations, losses, damages, claims, causes of action (including court costs and attorneys’ fees) and any other costs associated with or arising from any claim or claims made by me or on my behalf (or by any minor or other family member of my household) with respect to the consumption of raw milk or raw milk products I or anyone in my household may have purchased from Running Tab Ranch or the terms, conditions, or enforcement of the terms of this RELEASE.
ENFORCEABILITY:
The undersigned acknowledges that it is his or her intention to provide a release of claims to the Running Tab Ranch Affiliates to the fullest extent permitted by law. To the degree that a court determines that any provision of this release is partly or wholly unenforceable, such provision shall be re-written by the court or other tribunal interpreting the same such that it becomes enforceable and most closely approximates the intent of the parties.
I have fully informed myself of the contents of this Assumption of risk, Release of Claims, and Indemnification by carefully reading it before purchasing.
KS – DAIRY SERVICES AGREEMENT
Contractual Agreement for the Production of Dairy Products from A Consumer’s Raw Milk
This Dairy Services Agreement (hereinafter “Contract”) is entered into on the date the order is placed through this website between the purchaser (hereinafter “Owner”), and Alexis and Lance Wright of Running Tab Ranch (hereinafter “Provider”). Through this Contract, the Owner agrees to compensate Provider a flat rate for costs of supplies and labor rendered to convert the Owner’s raw milk into customized dairy products as outlined in this Contract.
Through this Contract, Provider, with Owner’s consent, agrees to take possession of Owner’s raw milk and through the utilization of his/her expertise, knowledge, training, equipment and facilities convert Owner’s raw milk into butter, cream, buttermilk, skim milk and any other customized dairy products agreed upon by Owner and Provider.
Owner declares and affirms that he/she owns the raw milk to be used by Provider for the making of dairy products. The Owner agrees to the temporary possession by Provider of that raw milk for the making of these dairy products. Specific dates regarding the provision of the services shall be agreed upon by the Owner and Provider.
It is understood by both parties, and they agree, that Provider’s services will be rendered, purchased and picked up at 1096 Ave M, Ellsworth, Kansas 67439 that is owned by Provider.
Payment shall be due upon pick up of the dairy products to Owner.
This Contract shall be effective upon execution and shall continue in effect until terminated by either party. This Contract may be terminated by either party by written notice provided to the other party. Such notice shall be given not less than thirty (30) days prior to the date of termination. Such notice shall expressly state the date that the termination is effective. Notice may be given in person or by certified mail to the address of each party provided in this Contract.
It is understood by the parties that at all times during the pendency of this Contract that the ownership of the raw milk, and the dairy products to be made from the raw milk, remain the sole property of the Owner. Provider takes no title or legal interest in Owner’s milk and does not have any authority to transfer, assign or sell that title to any third person. It is also understood by the parties that the finished dairy products are not being sold, exchanged, or delivered between the parties, but that Provider is being retained by the Owner solely for the purpose of making customized dairy products.
This Contract is entered into and shall be construed under the laws of the State of Kansas. If Provider must cease production in order to comply with State of Kansas laws or regulations, it shall not constitute a breach of this Agreement.