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dixiebooks
05-07-2012, 08:13 PM
Does anyone have a simple sample outyard agreement they would mind sharing? I have a property owner interested in having me put colonies on his property but wants an agreement in writing. Thanks. -james

lakebilly
05-08-2012, 05:10 AM
I am also interested.

Having to move hives in the middle of a flow, b/c owner wasn't aware of conflicts w/neighbors/liabilities.

Better think it through & communicate well the realities. Being pressured by someone that doesn't know can be a MAJOR detriment to your schedule & profits.

westernbeekeeper
05-08-2012, 10:15 AM
I am also very interested.

dixiebooks
06-23-2012, 01:38 PM
At least 3 of us are still looking for such an agreement. Is there no one out there in Beesource with such an agreement? Thank you. -James

johng
06-23-2012, 03:09 PM
Here is a simple polination agreement it could be modified a little and do what you are looking for. http://www.ent.uga.edu/bees/pollination/sampleContract.pdf

Dynasty
06-23-2012, 03:12 PM
http://www.beesource.com/build-it-yourself/pollination-contract/

im assuming this would work?

Acebird
06-23-2012, 05:00 PM
I would be interested too but if we can't find a boiler plate then maybe we should discuss what should be in this agreement.

Daniel Y
06-23-2012, 08:13 PM
Here is something of an attempt at a start.

Bee Hive Location, Land Lease Agreement

This agreement is made __________________________________________________ _
(date)
between
__________________________________________________ ___, afterwards called Land Owner,
(Land Owner's name)
and
_________________________________________________, afterwards called beekeeper.
(beekeeper's name)

1. TERM OF AGREEMENT: This agreement involves the 20____ Beekeeping season.
2. RESPONSIBILITIES OF BEEKEEPER

Beekeeper will place ____________ bee hives at the following described location
______________________________ (Address, name of orchard or field etc.) for the purpose of producing Honey, Bees, Queen Bees, propolis, Bees Wax or other products associated with the Keeping of bees.

Beekeeper will maintain hives in proper condition by inspecting, feeding, medicating,
or treating for mites as needed.

Beekeeper will leave bees at above listed locatoin until: (Fill in appropriate lines and cross out those that do
not apply.)
Approximate date: __________________________________________________
__________
Beekeeper is not responsible and, as a condition of this agreement, will be held harmless for
inherent risk of bee stings to people, animals, or livestock.

Beekeeper is not responsible, for complaints, claims or other actions on the part of neighbors due to the presence of hives. (If it is ruled illegal or ordered that the hives are removed from land owners property is is the responsibility of the beekeeper to remove them)

Removal of hives due to orders from appropriate governing agencies ill be carried out in such a way as to conform to the demand of such order.

Beekeeper will pay Land Owner $_______ and/or _______% of harvested honey for/from all hives kept on Land Owners property.

3. RESPONSIBILITIES OF LAND OWNER
Land Owner will provide a suitable place to locate hives. The site must be accessible to beekeeper's
vehicles.
Land Owner will allow beekeeper entry whenever necessary to service the bees, and Land Owner
assumes full responsibility for all loss and damage to his fields or crops resulting from the use of
vehicles over agreed routes in servicing bees.
Land Owner will not apply highly toxic pesticides during the period hives are placed nor immediately before their arrival if residues will endanger the hives. The following
agricultural chemicals and methods of application are mutually agreeable while bees are placed: __________________________________________________ _______________________
__________________________________________________ _______________________
Land Owner will notify beekeeper 24 to 48 hours in advance if hazardous materials not listed
above will be used. Grower will pay for the cost of moving bees away from and back to
location to prevent damage from highly toxic materials.
Land Owner will compensate beekeeper in full for hives destroyed or severely weakened by pesticides or other action by the Land Owner at a rate per hive to be determined by arbitration (see section 5), or,
if loss is undisputed, beekeeper will be compensated by grower at the rate of $_______________
per hive.
Land Owner will provide adequate sources of water for the bees if none is within one-half mile of each hive.
As a condition of this agreement, Land Owner agrees to hold beekeeper harmless from any and all claims of injury or damage to person or property which might arise from beekeeper's performance
of this agreement between beekeeper's placement and removal of hives from Land Owner's property.
4. PERFORMANCE Either party will be excused from obligations of this contract if, before delivery
of hives, performance is prevented by events beyond their control. Notification will be given to the other
party as soon as reasonably possible.
5. ARBITRATION If any controversy arises between parties, it will be settled by arbitration. Each
party, within 10 days, will appoint one arbitrator, and the two arbitrators will select a third, and the
decision of any two arbitrators will be binding on the parties. Cost of arbitration will be divided equally
between the two parties.
6. ASSIGNMENT OR TRANSFER This agreement is not assignable or transferable by either party,
except that the terms will be binding on a successor by operation of law.
IN WITNESS WHEREOF, the undersigned parties have made this agreement,
Grower __________________________________________________ _______________
By __________________________________________________ _______________
Address __________________________________________________ _______________
Beekeeper __________________________________________________ _______________
By __________________________________________________ _______________
Address __________________________________________________ _______________

Acebird
06-23-2012, 08:48 PM
I think the landowner would want an arm and a leg to sign that agreement. Just thinking if I owned the land.

Regardless of what you write in any agreement the courts decide who is liable. I wouldn't bother with that part because the lawyer is going to sue everyone remotely connected.
I would have verbiage on pesticide usage and any knowledge there of.
I can't see a land owner providing water for your bees that sounds like a beekeepers job.
If it is an agreed route and access is provided I don't see any crop damage. I can't imagine a farmer planting an area that he told you to drive over. I don't see a land owner paying you for moving your hives no matter what the reason.

ctgolfer
06-23-2012, 09:25 PM
Daniel, as a landowner I would send you packing if you brought me this agreement, no way in heck I would sign such a thing. You put all the liability on the landowner and none on the beekeeper, if you want to be a beekeeper you have to man up and take some risks. I have bees on my land as well as three yards on other peoples with just a handshake, I understand that if something happened to those hives its on me not on the land owner, I ask for a 24 hour notification before spraying of anything harmful but I never had a problem.
I give you credit for trying but that is just too one sided. The land owner has no idea if you have hot bees or stingless bees in those hives so how can he take on the liability of your hives stinging someone?
Why would water even be mentioned in this agreement, if there is no water where you want to put them you haul the water in. I could go on and on but that agreement passed by the overthinkers a few too many times. Keep it simple and take some risk.

willyC
06-23-2012, 10:08 PM
We call it a hand shake, and thats what we do, some honey will exchange hand. Help with the heavy lifting may happen as well, ask how you can help.

dixiebooks
06-23-2012, 10:45 PM
Daniel, as a landowner I would send you packing if you brought me this agreement, no way in heck I would sign such a thing. You put all the liability on the landowner and none on the beekeeper, if you want to be a beekeeper you have to man up and take some risks. I have bees on my land as well as three yards on other peoples with just a handshake, I understand that if something happened to those hives its on me not on the land owner, I ask for a 24 hour notification before spraying of anything harmful but I never had a problem.
I give you credit for trying but that is just too one sided. The land owner has no idea if you have hot bees or stingless bees in those hives so how can he take on the liability of your hives stinging someone?
Why would water even be mentioned in this agreement, if there is no water where you want to put them you haul the water in. I could go on and on but that agreement passed by the overthinkers a few too many times. Keep it simple and take some risk.

So, how about doing a rewrite and showing the results? Edit and re-post what you think it should look like. -james

dixiebooks
06-23-2012, 10:46 PM
The "hand shake" works in most instances but not in this one. That is why I went searching for a sample agreement to begin with. The landowner in question here is insisting on it. -james

Daniel Y
06-23-2012, 10:58 PM
It's easy and a character flaw as I see it to do nothing but criticize what others do. Outperform or save your breath. The truth is Ace you would not do a thing regardless of what you think of yourself. you suggested a writing. I provided a start and you are only lame enough to pick at it. make up your mind about what you want or make it yourself.

Most of those criticizing it never even took the time to look at the links to other agreements otherwise it would be obvious where nearly every word came from. So just how much effort did you really put forth to do anything? None, nil, nada. Your opinion of my effort is given the same weight, so save it. I prefer my way of doing something than your way of doing nothing. Build on it or shut up. your Defeatists, Elitist attitude sickens me when in fact your actions reveal pathetic character and ability on your part.
My version may be full of needing corrections additions and alterations but it beats the hell out of your nothing.

willyC
06-23-2012, 11:47 PM
The "hand shake" works in most instances but not in this one. That is why I went searching for a sample agreement to begin with. The landowner in question here is insisting on it. -james

No hand shake, why bother? I would walk on down the road.

Rader Sidetrack
06-23-2012, 11:47 PM
Google found the contract below. It is available in Word format, here:
www.indianahoney.com/contract1.doc
Since that format doesn't display well, I converted it to 2 .JPGs that are below. The link to the Word .doc file isn't "clickable", but you can copy-n-paste the link to retrieve the .doc file for editing.

http://i1240.photobucket.com/albums/gg493/RaderSidetrack/Apiary1c.jpg
http://i1240.photobucket.com/albums/gg493/RaderSidetrack/Apiary2c.jpg

The agreement is written from a pollination viewpoint, but since no money is changing hands, and there are no pollination performance standards included, it seems to me it would be suitable as a basic outyard agreement. And here's a link to the Indiana Honey home page:
http://www.indianahoney.com/

Daniel Y
06-24-2012, 06:19 AM
The liability portion of the one I offered is probably more informative than anything. I am not sure how it works where others live but here if you have something on your property. you are liable for it. For example if I had you work on my car and for whatever reason something happened that someone else got hurt. The owner of the property is liable.

As for "Manning up" you can stuff the insult. But otherwise you are very short sighted to blind as to just what risk is being taken here. Say for example I place 5 hives on any property. I have just stuck several hundred to a few thousand dollars worth of hives, bees, frames, wax, honey and propolis under someone elses care. And now I am also going to assume any other portion of the risk. Get real.
IN regard to the water. At least in this location it is almost a given that water will not be available. also water will dry up from a basin ditch or other container in less than 24 hours. The issue of water woudl be a serious one and the land owner would either assume that responsibility or not have my hives. No way am I going to run around to every outyard every day to fill water troughs. Even a cattle tank would only hold water for about a week here. I know this is not usual for most of the country. SO alter the agreement to say you have the use of there well or water supply to provide water for the bees and make the trips yourself.

In the end I would suggest you at least consult an attorney as to who is liable for what in your area. And write the agreement accordingly. The contract is more of a tool that everyone understand what is what than a legal document that settles court cases anyway. Only a judge can rule on settlements and that is always true. NO agreement will ever protect you from being sued for example. But it does go a long way later when land owners start saying "well I thought this or that". Nobody is able to have selective hearing if a contract has been written and signed.

As for a hand shake, I remember when things where done that way. I don't do it that way any more except for friends. Otherwise there is a contract. I have learned the hard way that after the hand shake one person thinks the agreement is one way and the other thinks it was another way. For example I just lost $9000 worth of tobacco because the land owner did not do their part of the agreement. We actually bartered or paid for this service and now we take the loss because the other party did not do what we have already paid for. With growing things comes an inherent risk. Leaving things in the care of others comes with a risk. And the truth is, at least here, there is not a thing you can do about it. So I'm screwed for $9000 in tobacco that cost me over $2000 out of my pocket so far. Sorry but a hand shake no longer means much to me. to many people refuse to live up to the other half of a hand shake. and that is unwavering reliability they will do their part. It is more common to find the sort of people like the above that want to do nothing but ***** and complain about what others have done rather than do anything for themselves. It's the gutless person that just lets everyone else get it done So they can't be held responsible for anything. Lets see those better ideas fellas. I'm waiting.

sqkcrk
06-24-2012, 06:34 AM
I guess this Thread is about written contracts, so maybe I shouldn't comment, but I will.

I have no written contracts. I have 18 yards in NY and 8 yards in SC. I also provide pollination to one blueberry grower in NC and four apple orchards in NY and a cranberry grower in NY, all w/out anything down on paper.

I stick out my hand and agree to do what needs doing. I knock on a persons door and ask whether I can put bees on their land, tell them who I am and what I do, give them a jar of honey, tell them my criteria for a beeyard and go from there. Not interested? Thanks for your time. If you change your mind, here is my contact iinfo. Interested? I'll be bring some hives by, I'll be in and out regularly. You'll get some honey before the end of the year.

That's more or less how I do it. And, I believe, all of the beekeepers I know,and I know a number of beekeepers who own thousands of hives, those are the guys I hang out w/ and work w/, as far as I know, do something similar and have no written agreements. That, or we just don't talk about them. Maybe I should ask.

dixie, why does this person want something in writing? if one of my Landowners asked for something in writing I would be concerned. I wouldn't put a yard on their land or, if I already had a yd there, I would pull it out at the end of the year and not go back. Something makes me uneasy about this. I can't quite say why exactly, but it does. When I get a feeling that something isn't right, it usually isn't.

Find yourself another location. There are plenty of them out there.

If this person asked you to put bees there, don't pay them anything, not even honey. They invited you, you didn't seek them out. They are benefiting fromhaving the bees there. if you need another apiary, then that is different. You should pay, in honey, not money. If, out of the kindness of your heart you give them a jar of honey, they will expect it annually. They may even figure that they should get a percentage of your annual crop. Nip that in the bud. Set a policy standard. So much honey per yard for yard rent, if you sought out the location. Otherwise, the added pollination you provide them is their benefit, their yard rent. Otherwise, they should be paying you.

Those are some of my thoughts. I hope they are worth the reading.

jim lyon
06-24-2012, 07:00 AM
What Mark said :thumbsup:

Daniel Y
06-24-2012, 07:16 AM
Mark, good point on who pays who. I actually thought about adding an alternative line on my example. The actually contract printed would have to have one line deleted before printing because one would say the beekeeper pays so much and the other would say the land owner pays so much. Otherwise both lines can simply be omitted. Lack of a payment agreement would hold up in court if nothing was said in a written agreement about payment. I also know that one for a fact.

So here is a hypothetical situation that could very likely happen.
You place 5 hives on someones property. They fall on hard times or ill health and for one reason or another move. Your hives are not going to be a big priority for them. So they leave the hives assuming you will find them at a later date. Keep in mind my location is world class for a transient population. So you show up and find at best the new person in charge of the land has locked the gate and posted no trespassing signs. They also claim your hives are theirs now. Or worse your hives have been either stolen or sold. Your handshake with a non existent person is not going to do much for you at that point. Some form of a document that you own the hives will. and yes a contract will be recognized by a court as legal ownership. It shows you had an agreement to place your property there. No court witnessed a hand shake and you saying they are yours and the other person saying they are not carry equal weight. You then have possession as the deciding factor. The person you face never shook your hand and at least here they don't care if they are ripping you off. Even if they know the hives are yours they will keep them because they can. and if you try to take them back they can have you arrested for grand theft.
Just some additional points to ponder in this discussion. By the way my points did not involve beehives, but they have actually happened. I have listened to the judge tell the real owner. Sorry there is not a thing I can do for you. the items are on their land. they belong to them. The judge knew who the things belonged to and still could not force the land owner to return them. I worked for three years for a company that rented 75 mobile homes. I was involved in dozens of evictions. I have seen possession and how it works in regard to ownership many many times. A tenant had until a certain date to remove their possessions. this time was set by a court. Once that date passed no one had any ability to enter the property and remove anything except the employees or agents of the company. Many times a friend of the ex tenant woudl show up saying something like. "I was supposed to come get the stereo I was loaning to my friend last week but didn't get around to it. So I'm here to get it now, can I get it" the answer was no. it was actually illegal for me to allow them to remove anything from the property. It happened all the time. Cars where left behind. furniture. money, you name it. And legally no one could touch any of it. It was not legal to take anyone's word that it was theirs. Not even the Ex tenants. it woudl set the company up to get sued had they allowed anyone to take anything because then the next person comes along and says it was theirs and we allowed it to be stolen.
All such things where taken to a storage unit. the rent was not paid on that unit and after the legal period of time it was all sold at auction.

sqkcrk
06-24-2012, 07:16 AM
Here's what it is for me, I think. If someone wants a written contract/agreement, you are already starting off from a place of distrust nad no amount of paperis going to remedy that. imo

On the other hand, if having a piece of paper makes you feel better. Start off by finding a location, get the landowners permission and then say, "I have this standard agreement spelling out my rights and rwsponsibilities. Would you like to review it and sign it?" and see where things go from there. You may want to do this in front of a Notary Public.

Can you see how difficult that would be for someone w/ 3700 colonies in 50 some yds who travels to other States as well? Somewhat impractical.

sqkcrk
06-24-2012, 07:19 AM
DanielY,
Wouldn't it be easier to print the contract as written and make changes by pen when negotiating w/ the land owner? Strike a line thru those parts both agree can be omitted. Initialing any changes? I imagine that is done all the time in Lawyers offices. Though they may also just have theire Secretary retype it after the scribbled copy is agreed upon.

zohsix
06-24-2012, 08:30 AM
Responding as a retired company exec that's reviewed hundreds of contracts, not a beek, if your primary concern is ownership of the hive, spell that out in a simple document and move on. All other items will make the document seem onerous and cause a party to either not sign the document, or, worse yet, engage their attorney to review it. Otherwise, don't take the risk by putting your hives on someone else's property.

Any other items I'd work on the handshake principle. My two cents of an already over-litigious society.

Dan

Daniel Y
06-24-2012, 09:32 AM
Mark, In actual practice I think any agreement is going to be worked out according to what that specific location can and cannot do.
The land owner and the beekeeper are going to get together and talk about how the deal will work. then the contract will be written up according to those agreements.
Lets take a real example that I have right now. Possible yard one is near a residence with 40 acres of the homeowners land. The wife is also a homemaker and typically will be there to keep an eye on things. They also have a pond on the property that they maintain and keep full. Security and water are obviously not going to be great concerns at this location. My only concern is if they drain the pond for any reason I wan them to be clear they have to provide another water source for the bees. I am an hour away and there is really no reason I think they are going to think about my bees if they have to drain a pond.

Location 2 is 5 acres in an area of 5 acre lots owned by a retired couple that travel frequently. no natural water is available for miles. Security in this location is probably a deal breaker for me. I am not going to run out there every other day and fill a water trough so they need to find a neighbor kid to do it in their absence. If that neighbor kid flakes and my bees die they will buy my hives from me including the value of the lost bees. I am right up front with them. I don't think they can provide minimum requirement for a hive of bees with their current life style. they think I am wrong. they can carry the liability of being wrong if they are. I this case they want the bees not so much I want tot put them there. This one started with them wanting to get a hive and I would look after it while they where gone. not even close to agreeable to me. So yes your point about starting off from a position of distrust or dis belief I completely agree with. Probably best to just walk away from this one. but you never know some workable believable plan may eventually form out of it.

But in the end any contract just needs to reflect what was agreed upon. It is not a tool that then allows you to force anyone about anything. It is a tool that helps remind everyone involved just what the terms of the agreement where. very little if any of it are going to be legally binding. but it can include the details of the legal potions each party are placing themselves in. It is not so much that I am making the land owner liable for any damages. it is that by law, at least here. The land owner is going to be found liable if there are any damages. They should clearly know they are accepting that risk right up front.

SO for any of you that think that adding liability phrases in the contract is me forcing the risk on anyone. that is how you chose to read it. I wrote it as more of a favor to the land owner to be aware of the position they are in fact putting themselves in.

The land owner thinks it no big deal that the neighbor kid keeps messing with the hives. that is until that kid gets multiple stings and the kids parents launch an investigation from Child Protective Services. Think you can choose who gets investigated all you want. But I know for a fact it will be the land owner. And it will be the land owner that is fined by CPS or jailed for child endangerment if that is what the investigation reveals. If you think CPS does not investigate beehives as a source of child endangerment. then explain why just last week I was talking to CPS about the hives in my back yard and the risk they pose to my grandchildren.

It is not you or me that will decide who is liable for what. but that does to mean those liable should not have that fact spelled out for them.

Daniel Y
06-24-2012, 09:57 AM
Another thought I have had on this discussion. Concerning the issue of property damage. I had in the contract damage to crops in accessing the hives. The response was that it is unlikely that a farmer woudl plant crops on the road to the hives. agreed. I also see that as a very weak understanding of the underlying issue. The underlying issue is property damage in any form. The only reason it was written the way it was is that is how it was written in the form that I changed a bit. I just didn't re write it. So in order to expand the range of this issue a bit I will give you this real life situation I face with leased land.

Our area has wild horses. It is illegal to feed and attract herds of wild horses but people do it anyway. One location I use has a neighbor that has fed horses until she has attracted a heard of 45 or more of them. That is a lot of horse. Just yesterday I had to drive through that heard of horses as they blocked the road. This ran the risk of causing them to stampede. harm each other or even damage my vehicle. So who is responsible of a stampede of horses damages the fence of a neighbor when I am on my way to the land owners house? What if those horses had gathered in the driveway of the land owner and then decided to walk through their front yard to get away? 160 plus hooves does a tremendous amount of damage. The contract is meant to say the land owner will not hold me responsible for the risk they live with if I had not been their at all. they chose to live among wild horses and wild horses damage things. me being there dose not change that one bit. In fact I had along discussion with this land owner about all the issues they currently have. cattle that tear down their fences and get into their garden. rabbits and coyotes that eat drip systems. wild horses that walk through fences trample gardens and otherwise cause problems. This land owner is not going to blame me for every bad thing that happens from now on. I now know the history from before I ever got their and I expect that history will continue. I know the risk and they know it as well. I made it clear what I woudl do and what I expected from them. As it is this land owner dropped the ball. For legitimate reasons but still bad things happen. the result is I lost $9000 in tobacco. This was a direct result of the land owner not watering the field as they had agreed. Is anyone getting sued? No. Could I? possibly. Are the land owner and I still friends? Definitely. and bad things happen. and most of it is happening to them. they are in the midst of losing a parent. they have no business being at home taking care of my tobacco. I do wish they had called me to take care of it though but they didn't. they asked a neighbor to do it. but the neighbor did not understand how to get the water turned on the field. Btu that is life. I'm not going to blame this land owner for the loss of my plants. and they will not hold me responsible for wild horses.

I do have to say though. this one stings a bit.

Nature Coast beek
06-24-2012, 10:27 AM
Bees are easy...people...nothing but complicated.

dixiebooks
06-24-2012, 01:34 PM
Rader: I like that one. I agree that though it is for pollination, it should work as it is for "free" pollination. For one thing, that emphasizes that the property owner is getting a free service - even though he may have no crops. With a bit of editing, including some elements from Daniels submission, I think this may do the trick. Thanks. -James

dixiebooks
06-24-2012, 01:41 PM
[QUOTE=sqkcrk;817683]<snip>...
dixie, why does this person want something in writing? if one of my Landowners asked for something in writing I would be concerned. I wouldn't put a yard on their land or, if I already had a yd there, I would pull it out at the end of the year and not go back. Something makes me uneasy about this. I can't quite say why exactly, but it does. When I get a feeling that something isn't right, it usually isn't.<snip>

Mark, the property owner said he primarily was interested in making sure that I assumed the 'liability' for the bees being there. I assume (yes, I know what that entails) he meant in case the bees sting someone.

"Find yourself another location. There are plenty of them out there."

Maybe so, but I'm not finding them.

"If this person asked you to put bees there, don't pay them anything, not even honey. They invited you, you didn't seek them out."

I approached them because of the location

"<snip>if you need another apiary, then that is different."

Which is the case here. I needed another apiary, one fairly close to my house.

"Those are some of my thoughts. I hope they are worth the reading."

They were. thanks. -james

hpm08161947
06-24-2012, 02:34 PM
If I had to go through all this contract/legal stuff I would just get out of the bee business. I have never had anyone demand something in writing and most would be offended if I asked for such. We just do not have that type of people around here... at least not in my experience. I do not even do a written contract for a pollination job... never had a problem. Handshake is all it takes. Worth more than paper.

Acebird
06-24-2012, 03:55 PM
If the paper isn't written correctly, it's only use would be in an outhouse. I think the suggested pollination contract would be the closest thing to an agreement that both parties would sign. I don't see it protecting either party in the case of bee stings. Has anyone ever held someone liable for damages from a bee sting?

ctgolfer
06-25-2012, 05:00 PM
So, how about doing a rewrite and showing the results? Edit and re-post what you think it should look like. -james
Dixie, I would do something simple like this:

This agreement is between a landowner_________________________and a beekeeper____________________.
The purpose of this agreement is for understanding of both parties that the beekeeper will place bee hives on the landowners property to provide free pollination of whatever plants the landowner has on said property. The beekeeper is provided with a place to put the hives with access whenever necessary. All products or proceeds from the hives are the beekeeper's property to do with as he/she sees fit.

The beekeeper will:
1) Assume all liability and risk with the placement of the hives on the landowners property.
2) Be responsible for the care, feeding and maintenance of the hives.
3) Be respectful of the landowners property including fences, cropland and livestock.
4) Close all gates after passing through in a timely manner.
5) Only use designated and agreed upon roadways to travel to the bee yard.
6)Avoid accessing the bee yard after a heavy rain until the roadways have dried enough to travel such roadways without doing unnecessary damage unless its a emergency.(IE-hurricane etc)
7)Remove all hives and equipment from the landowners property within 30 days notice should the landowner desire such for any reason.
8) Keep the bee yard neat and tidy and not place unused and unnecessary equipment or debris on the landowners property.

The land owner will:
1) Provide a level piece of property for the beekeeper to place hives on.
2) Provide access to the hives for the beekeeper year round as best he/she can.
3) Inform beekeeper of any pesticides that could be harmful to bees being applied 48 hours before applying.
4) Reimburse beekeeper for damages to hives caused by the landowner or employees with equipment but not by livestock.
5) Allow the beekeeper to remove his/her hives anytime for any reason should the bee keeper need to.
6) Not allow any other beehives placed on the property without giving notice to the beekeeper 30 days prior.
7) Notify beekeeper of any damages by calling __________________ as soon as possible so the beekeeper can try to fix the damage and save the bees. (floods, winds, vandals, wildlife)

This agreement is an open-ended contract and does not expire.

Signed___________________________(beekeeper) Date________________

Signed___________________________(Landowner) Date________________

Property the hives will be placed on is located at:

__________________________________________________ ___________________

__________________________________________________ ___________________

This is a rough draft of how I would make a agreement if I needed one.
Just a thought. Good luck

ctgolfer
06-25-2012, 05:22 PM
The Above agreement is NOT copywrited and can be used by any beekeeper for any purpose. Just copy and past into MS Word and alter it as you see fit.
Jim

Acebird
06-26-2012, 08:28 AM
The only thing I would change is item 1 for beekeeper:
I would say that beekeeper will be bonded or insured (for x dollars if you want to include) for liability. You can say you are liable but if you are penniless you can't draw blood form a stone. Most land owner realize they are liable and the only protection is insurance.

rwurster
06-26-2012, 01:59 PM
I have an outyard that I use on my cousin's property and the agreement is:

Your guys (cousin's employees) won't mess with or go near the hives. I'm responsible for the hives (hardware, bees). I can access the property anytime, day or night to inspect, feed or move bees/hives while I have hives present on the property. If you grow watermelons and would like my polination services you pay the normal rate for 1/2 hive per acre and I will match you by 1/2 the hives you requested (free) if I have the hives to to so. (verbal)

Pollination contract with a local farmer:

I will supply you with 9 hives to pollinate 14 acres of watermelons, you pay for 7 at normal rate (2 free). He is responsible for damages to the hives ($200 max per hive) and the liability for having hives on his property for the time they are present on the property. I can access the property (where the hives are located) anytime to inspect, feed etc. The hives will remain from an agreed upon date until end of bloom or he feels pollination is complete. No herbicides/pesticides will be sprayed near the hives and I will be notified at least 3 days in advance of such spraying. (verbal) I give him an invoice for services rendered.

There are some that I would have sign a pollination contract but the people I know don't necessarily require one. Never had any problems other than someone accidentally backing into a hive and knocking it over (which they promply notified me) and ended up being no big deal.

Nantom670
06-26-2012, 02:41 PM
I'm with WillyC and those that say if a handshake isn't enough, I say thank you and move on. Let your yes be yes and your no be no.

Kofu
03-19-2014, 12:48 PM
I'm looking for contract ideas and enjoying the conversation here. I've asked locally and heard support for verbal agreements and handshakes.

But for all the people here who say a handshake is enough, I wonder: What is the actual agreement? Is it basically the same as a typical contract, but saving the effort of writing it down and signing it?

The handshake seals an agreement. So is it just "if something happens, we'll work it out"? Probably not.

My bees, your space, I come and go, you get a little honey ... And if something happens, we'll work it out. What else?

tacomabees
03-19-2014, 01:30 PM
I'm looking for contract ideas and enjoying the conversation here. I've asked locally and heard support for verbal agreements and handshakes.

But for all the people here who say a handshake is enough, I wonder: What is the actual agreement? Is it basically the same as a typical contract, but saving the effort of writing it down and signing it?

The handshake seals an agreement. So is it just "if something happens, we'll work it out"? Probably not.

My bees, your space, I come and go, you get a little honey ... And if something happens, we'll work it out. — What else?

Interesting thread...good discussion and thoughts. Handshake deals are good until something changes. Some kid at a birthday party next door gets mixed up, stung and off to the hospital...

I think several of the drafts here would work and could be well made to individual needs, if you decided that you needed one (at all). I would consider the situation to drive the need and scope....If you are running a business, providing pollination services for someone running a business (growing something), clarity is good and if you've got a ton of hives, it's not an easy thing to move them on short notice. If you go with a handshake you are accepting the liability risk that goes along with that kind of deal. I don't think you can have "cookie cutter" approach that will try to address all issues, each situation.

As a hobbyist, I've thought about this and my hives that are on private property in residential areas...all handshake deals. After I moved into one fellows property (he had two empty lots, behind his house), the next time I showed up, one of the properties had a for sale sign on it....slow market, but I intuitively understood I needed a back up plan if the new property owners weren't as bee friendly....In my situation, I think that understanding the liability exposure is different as it is residential vs agriculture....I don't worry about water, but I worry about the neighbors kids coming over and messing with my equipment....In another place, I'll have 6-7 hives in a 5 acres site with about 100 apple trees...They'll spray he says, but will be careful of wind direction etc....I'd like to have him give me a little notice so I can decide if I want to cover them up or something for a day or two. I figure that I'm always on notice that I may have to move something somewhere....For me, so far it's handshakes and promises of a minor share if the flows are decent.

shinbone
03-19-2014, 01:45 PM
Unless money or something else of comparable value is being exchanged (and a couple of jars of "courtesy" honey won't suffice), any contract will be unenforceable.

If you can't trust the landowner based on a handshake, your hives are at risk no matter how much paper is signed and you should find another location.

As the landowner, if a beek asked me to be allowed to place hives on my land, I would view it as doing a favor, and if the beek then showed up with contract for me to sign, I would be insulted and tell him to find a new place for his bees.

JMHO

fieldsofnaturalhoney
03-19-2014, 02:24 PM
If I had to go through all this contract/legal stuff I would just get out of the bee business. I have never had anyone demand something in writing and most would be offended if I asked for such. We just do not have that type of people around here... at least not in my experience. I do not even do a written contract for a pollination job... never had a problem. Handshake is all it takes. Worth more than paper.

Those type of "people" are everywhere and in time it will be one of those hands you shook trying to dig into your pocket, or hold you liable for something, which is still that hand now digging in your pocket. Everyone does not have Character, and if your i's or not dotted, and your t's are not crossed, those type of people you will eventually come across.