Common use of Annotations Clause in Contracts

Annotations. Why include this section in a CSA member agreement? As CSA becomes more popular, we hear more and more stories of members who receive less than expected or poor quality items only to find their farmer at the market with large piles of good-looking produce. Farmers generally have good reasons for this, but those reasons often are not communicated to members. Unfortunately, this may create suspicion and make it less likely that members will return or recommend CSA others. All CSA farmers are hurt by this lack of communication. Further, if a farm states that members “share in the risks and rewards” the farm is obligating itself to allocate some of the abundance to CSA members. How to adapt this section: We drafted four separate options for different farms. Select the option that fits your farm. Then, edit the content in brackets to explain how you decide what goes to the CSA and what goes to other markets. We have tried to include other scenarios where members may wonder if they are receiving the rewards of good production. If you can think of other situations where your members might encounter your product, explain the situation in this section (and feel free to send these suggestions to the authors to include in future editions). I don’t use one strategy for dealing with surplus- I do what makes sense at the time. The language of this section can be phrased generally if you are uncomfortable stating a specific procedure. For example, you might only state that members receive as much surplus as you think they can use with the remainder used by the farm. My farm balances the CSA priority with other markets, but my members always receive a lot of product. I don’t want to use your suggested language because it doesn’t sound very nice to a potential member. We understand that farmers may not want to use the fourth option because it doesn’t offer “perks.” However, that doesn’t mean members won’t choose their CSA. Many members do not want 50 zucchini per month. Our goal is to help farmers create clear and accurate agreements. An accurate agreement will protect the farm and ensure members’ expectations are appropriate. Rather than market on shared abundance, these farmers could market their CSA on other advantages such as shares that are consistently full or delivered for a longer season. Additional suggestions: This section may not be suitable for meat CSAs or others that do not have variable production. Some CSA members are disappointed to find that high quality produce is sent to other markets and the remaining second quality items are distributed to CSA members. Farms with this strategy may also need to think differently about how they market shared reward.

Annotations. Why include is this section at the beginning of the agreement? We chose to structure this form as two forms in one. First, it’s a membership agreement because it outlines member and farmer obligations. Second, it’s a membership sign-up sheet. We believe there are several advantages to using one form for both. By outlining all the rights and responsibilities of membership at the same time that the individual signs up, the potential member can make a more informed choice about whether a CSA is right for their family. Also, because the member agreement? As CSA becomes has to read the agreement to sign up for a CSA, it’s much more popularlikely that the member will read carefully. By contrast, we hear more and more stories of members who receive less than expected using a brief sign-up sheet with a supplemental manual or poor quality items only to find their farmer at the market with large piles of good-looking produce. Farmers generally have good reasons for this, but those reasons often are not communicated to members. Unfortunately, this may create suspicion and make agreement makes it less likely that members will return actually read it or recommend CSA otherscarefully consider its terms. All Informed members make for efficient business. Think of all the time CSA farmers are hurt could save if all members understood how the drop site worked and what to do if they can’t pick up their share? As an alternative to using this document as a sign-up sheet, farms can nonetheless adapt this proposed text by asking the member to check a box indicating that he or she has read a separate manual or agreement when signing up, but it may not be as effective. Lastly, by including sign-up with the terms of membership, the member clearly understands that they, as well as the farmer, have an obligation to fulfill. This form purposely looks like a formal agreement. Although that may be off-putting, many farms benefit when members take the CSA seriously. This form helps set that tone. Most formalized agreements include a title page with names and addresses on the first page, so this lack one does as well. I have a signup sheet on the back panel of communicationmy brochure, which I leave at my church and at the grocery store. I can’t print out this agreement and use it as a signup like that. What should I do? You might consider converting the sign-up sheet in a farm brochure into a membership request form. Then, you could email or send the full agreement for the new member to complete, print, and sign. Does the last phrase mean the farmer is legally obligated to do everything in this agreement and that he or she could be sued on that commitment? This phrase does make the agreement enforceable between the farm and the member. We acknowledge that this may discourage farms from using a formal agreement because of concerns that it makes a lawsuit more likely. However, we believe a formal agreement will make a lawsuit less likely. By taking money up front, the farm has an obligation to members even if an agreement is never signed. The farm is on the hook, regardless. This agreement doesn’t give the member permission to sue; the member already has that ability. Instead a clearly worded agreement makes sure the farm and members understand their respective commitments to each other, which makes a lawsuit less likely. A farm is not better off by avoiding making commitments to members altogether. If a lawsuit is filed and there is no written agreement, then the court will decide what the parties’ commitments were. That may be an unpredictable and expensive process. By setting the terms of the CSA beforehand, the farmer can better control a lawsuit if the unfortunate occurs. Further, this agreement can protect a farm if a farm states that members “share in lawsuit is filed. By clearly stating the risks and rewards” obligations the farm is obligating itself prepared to allocate some of fulfill and then following through, this agreement will be there to back the abundance to CSA membersfarm up. How to adapt this section: We drafted four separate options for different farms. Select the option that fits Fill in your farm. Then, edit ’s contact information and the content in brackets to explain how you decide what goes to the CSA and what goes to other markets. We have tried to include other scenarios where members may wonder if they are receiving the rewards of good productionappropriate year. If you can think of other situations where your allow members might encounter your productto split a single share between multiple households, explain the situation in this section (and feel free to send these suggestions to the authors to include in future editions). I don’t use one strategy for dealing with surplus- I do what makes sense at the time. The language of this section can be phrased generally if you are uncomfortable stating a specific procedure. For example, you might only state that members receive as much surplus as you think they can use with the remainder used by the farm. My farm balances the CSA priority with other markets, but my members always receive a lot of product. I don’t want to use your suggested language because it doesn’t sound very nice to a potential member. We understand that farmers may not want to use the fourth option because it doesn’t offer “perksadd additional contact information boxes.” However, that doesn’t mean members won’t choose their CSA. Many members do not want 50 zucchini per month. Our goal is to help farmers create clear and accurate agreements. An accurate agreement will protect the farm and ensure members’ expectations are appropriate. Rather than market on shared abundance, these farmers could market their CSA on other advantages such as shares that are consistently full or delivered for a longer season. Additional suggestions: This section may not be suitable for meat CSAs or others that do not have variable production. Some CSA members are disappointed to find that high quality produce is sent to other markets and the remaining second quality items are distributed to CSA members. Farms with this strategy may also need to think differently about how they market shared reward.