WAIVER OF LIABILITY

I love my family more than anything else in the world—as I’m sure you do too. The commitment to feed your family the most nutrient-dense food on the planet–food that not only creates a more abundant life, but can potentially heal the body– often requires making difficult decisions.  For many, the decision to feed your family raw milk involves many hours of research and thoughtful consideration.

Every year there are people who die from food borne illnesses.  Raw milk has a bad rap for potentially causing illness–even though statistically more people die from raw spinach than raw milk. Because I believe in the POWER of food produced as God intended,  my family has gone to great lengths, including investing our whole life savings, to produce clean, healthy raw milk for our family.  Because I believe in the POWER of COMMUNITY and loving, committed RELATIONSHIPS, we’ve chosen to sell our milk to other families too. 

From a financial perspective, producing raw milk to sell is the stupidest decision we could have made–huge risk and extremely low likelihood of any financial return on investment.  But I love my family too much to ask my children to risk everything that we’ve all worked so hard to create together.

I already lose enough sleep over the health of my herd, whether or not we’ll get enough rain to grow grass, and ensuring the milking equipment is meticulously clean.  I simply can’t  lose any more sleep worrying that someone is going to get sick drinking my milk and sue me, and I’m going to lose everything we’ve worked so hard for.

And the truth is, whether or not a person gets sick from drinking raw milk is also dependent upon their overall health, including their gut and immune health–not just how clean the milk is.

So this the deal. I promise that I would never sell food to your family that I don’t feel 100% safe feeding my own babies.  But if you choose to drink my milk, I ask that you take your share of the risk and responsibility for the decision to feed your family nutrient-dense raw milk.  I’m asking you to give me your word that even if you or someone in your household drinks my milk and gets sick and–heaven forbid– even dies, you will not seek any financial damages from me, my farm, or any business I may own.

If you aren’t willing to accept that level of accountability, then I’m sorry, but I can’t sell you my milk.

If you are willing to make that commitment, I will just need you to make the same promise to my attorney by agreeing to the below.

Be Whole!

Rachel Moser (and Scott and the kids!)

 

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 BE WHOLE AGAIN LLC CONSTITUTES YOUR ACCEPTANCE OF THIS DOCUMENT.

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 Missouri, an individual may purchase and have delivered to them for their own use raw milk or cream from a farm.***
 
We can convert your milk or cream into butter, buttermilk, yogurt, cheeses, and kefir 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 “Be Whole Again Affiliates” means Be Whole Again, LLC (“Be Whole Again”), any owners and operators of any real or personal property or equipment utilized by Be Whole Again, members, owner(s) of any membership interest, managers, employees, advisors, representatives or agents of Be Whole Again.

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 Be Whole Again, 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 BE WHOLE AGAIN.
 

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 Be Whole Again 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 Be Whole Again Affiliates against, and agree to protect, save and hold harmless the Be Whole Again 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 Be Whole Again 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 Be Whole Again 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. *See 21 C.F.R. § 1240.61 (2006). ** See 52 Fed. Reg. 29,509 (1987). *** See (L. 1972 H.B. 1280 § 4) Missouri Revised Statutes 196.935. (2011) ****See 52 Fed. Reg. 29,513 (1987). http://www.moga.mo.gov/statutes/chapters/chap196.htm

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS “ASSUMPTION OF RISK, RELEASE OF CLAIMS, AND INDEMNIFICATION” BY CAREFULLY READING IT BEFORE PURCHASING.

When Purchasing Yogurt, the customer is actually purchasing 1 qt of milk and hiring us to turn their milk into yogurt for them, under the following Contract:

MO – 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 Scott and Rachel Moser of Be Whole Again LLC (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 at 15659 Highway Y, Excelsior Springs, Missouri 64024 that is owned by Provider.

It is understood by both parties, and they agree, that Provider’s cost of supplies and labor to produce any dairy product Owner specifies from an amount of milk Owner determines shall be charged at the following rates: Yogurt at one dollar per quart ($1.00/qt.);

Payment shall be due upon delivery 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 Missouri. If Provider must cease production in order to comply with State of Missouri laws or regulations, it shall not constitute a breach of this Agreement.