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  1. #1
    Join Date
    Jun 2010
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    Kingsport, Sullivan, Tennessee
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    780

    Default Outyard agreement

    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

  2. #2
    Join Date
    Aug 2009
    Location
    Livingston County, NY
    Posts
    509

    Default Re: Outyard agreement

    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.
    Rmns 1:16/Prv.3:5,6/ Beegan BK May 09/ Zone 5b
    I have NOT failed. I have only found many many ways that do not work!

  3. #3
    Join Date
    May 2012
    Location
    Cheyenne, Wyoming, USA
    Posts
    1,693

    Default Re: Outyard agreement

    I am also very interested.

  4. #4
    Join Date
    Jun 2010
    Location
    Kingsport, Sullivan, Tennessee
    Posts
    780

    Default Re: Outyard agreement

    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

  5. #5
    Join Date
    Nov 2009
    Location
    Jacksonville, Florida
    Posts
    1,620

    Default Re: Outyard agreement

    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/pollinat...leContract.pdf

  6. #6
    Join Date
    Sep 2011
    Location
    loveland, co, usa
    Posts
    120

    Default Re: Outyard agreement

    -2013 OFFICIAL STING COUNT- 0
    -2012 OFFICIAL STING COUNT- 2

  7. #7
    Join Date
    Mar 2011
    Location
    Utica, NY
    Posts
    9,018

    Default Re: Outyard agreement

    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.
    Brian Cardinal
    Zone 5a, Practicing non-intervention beekeeping

  8. #8
    Join Date
    Sep 2011
    Location
    Reno, NV
    Posts
    2,835

    Default Re: Outyard agreement

    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 __________________________________________________ _______________
    Stand for what you believe, even if you stand alone.

  9. #9
    Join Date
    Mar 2011
    Location
    Utica, NY
    Posts
    9,018

    Default Re: Outyard agreement

    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.
    Brian Cardinal
    Zone 5a, Practicing non-intervention beekeeping

  10. #10
    Join Date
    May 2011
    Location
    East Hartford CT
    Posts
    146

    Default Re: Outyard agreement

    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.

  11. #11
    Join Date
    May 2010
    Location
    Lander, WY
    Posts
    261

    Default Re: Outyard agreement

    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.

  12. #12
    Join Date
    Jun 2010
    Location
    Kingsport, Sullivan, Tennessee
    Posts
    780

    Default Re: Outyard agreement

    Quote Originally Posted by ctgolfer View Post
    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

  13. #13
    Join Date
    Jun 2010
    Location
    Kingsport, Sullivan, Tennessee
    Posts
    780

    Default Re: Outyard agreement

    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

  14. #14
    Join Date
    Sep 2011
    Location
    Reno, NV
    Posts
    2,835

    Default Re: Outyard agreement

    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.
    Stand for what you believe, even if you stand alone.

  15. #15
    Join Date
    Nov 2011
    Location
    Rader, Greene County, Tennessee, USA
    Posts
    5,686

    Default Re: Outyard agreement

    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.




    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/
    -- Victor Hugo -- "Common sense is in spite of, not the result of, education.

  16. #16
    Join Date
    May 2010
    Location
    Lander, WY
    Posts
    261

    Default Re: Outyard agreement

    Quote Originally Posted by dixiebooks View Post
    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.

  17. #17
    Join Date
    Sep 2011
    Location
    Reno, NV
    Posts
    2,835

    Default Re: Outyard agreement

    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.
    Stand for what you believe, even if you stand alone.

  18. #18
    Join Date
    Dec 2005
    Location
    Brasher Falls, NY, USA
    Posts
    26,204

    Default Re: Outyard agreement

    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.
    Last edited by sqkcrk; 06-24-2012 at 05:48 AM.
    Mark Berninghausen "That which works, persists."

  19. #19
    Join Date
    Feb 2006
    Location
    Herrick, SD USA
    Posts
    4,240

    Default Re: Outyard agreement

    What Mark said
    "People will generally accept facts as truth only if the facts agree with what they already believe."- Andy Rooney

  20. #20
    Join Date
    Sep 2011
    Location
    Reno, NV
    Posts
    2,835

    Default Re: Outyard agreement

    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.
    Stand for what you believe, even if you stand alone.

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