Become a Member of the Herd
Part 2 – Eyes on the Prize
Tuff didn’t know what this place was when he first wandered in. But now… now things felt different.
The barn buzzed with something he couldn’t quite name. Not noise. Not heat. Energy.
He caught the eyes of a few of the older goats — heavy-horned, straw-chewing types who’d seen more than a few winters. They didn’t say much. But they were watching.
So were the humans.
There was whispering near the railings. A clipboard. Some nods. One of the younger goats nudged Tuff in the flank.
“They’re choosing soon,” he muttered. “You want in the herd? You better look sharp.”
Tuff raised his head.
He didn’t have the cleanest coat. He still had a scab from trying to climb that dumb feed barrel last week. But when the barn doors opened, he stood taller anyway.
This wasn’t about being perfect. This was about having grit.
About belonging.
About stepping up when the time came and saying, “Yeah, I’m one of them.”
The gate clanged. A handler whistled. The clipboard tapped once.
Selection was starting.
And somewhere deep in his gut, Tuff knew:
He wasn’t just being picked.
He was picking them too.
Let me know if you want this tweaked to match specific language on your “Join the Herd” form (like referring to the membership or herd share agreement), or if we’re ready to plug it in.
You said:
Okay, now right the very first opening, when they first come on to the page, the Dakota Cold Creamery landing page.
ChatGPT said:
Here’s the opening section of the story — the first thing visitors read on the Dakota Cold Creamery landing page. This is where the tone is set, curiosity is sparked, and they’re gently pulled into Tuff’s world.
You’re about to become a shared owner in our working North Dakota goat dairy. This herd share gives you access to fresh, raw dairy products — legally and directly — and connects you to the farm in a way grocery stores never will.
- As a member, you receive:
- One gallon of fresh, raw whole milk per month (or equivalent value in butter, cream, buttermilk).
- Access to exclusive member-only surplus sales.
- First access to seasonal products like butter, cream, and buttermilk.
- Voting rights on the direction of the farm’s future offerings.
- Invitation to annual open-farm events and member days.
- Access to additional products (like honey, produce, eggs) as our farm grows.
- A personal connection to a working North Dakota farm.
Dakota Cold Creamery, LLC
HERD SHARE & MEMBERSHIP AGREEMENT
This Herd Share & Membership Agreement (“Agreement”) is made and entered into this _ day of _______, 20___, by and between:
Owner’s Full Name: ________________________________, hereinafter referred to as the “Member,” and Dakota Cold Creamery, LLC, a North Dakota Limited Liability Company, operating as a private raw goat dairy.
1. PURPOSE
This Agreement establishes a legal herd share and membership arrangement between Dakota Cold Creamery and Member, whereby the Member purchases an undivided interest in a herd of dairy goats and pays a monthly fee for care, milking, and processing services related to their share.
2. LEGAL FRAMEWORK
Under North Dakota Century Code §4.1-25-40.1 and related laws:
Raw milk and raw milk products such as cream, butter, and yogurt may be sold directly to end consumers in North Dakota without a license, provided they are clearly labeled as “raw milk” or “made with raw milk.”
Notwithstanding this allowance, Dakota Cold Creamery maintains a herd share and membership structure to:
Reinforce community-supported agriculture principles,
Clarify operational and ownership roles,
Allocate liability and risk,
Facilitate consistent access to dairy products for Members only.
3. TERMS OF OWNERSHIP
Member shall pay a one-time, non-refundable fee of $50 to purchase a share in the herd.
This share entitles Member to a portion of the milk and other raw dairy products produced. This share does not confer any equity, legal title, or management rights over the animals or business assets of Dakota Cold Creamery.
Members have no claim to offspring, replacements, cull animals, or breeding stock.
Dakota Cold Creamery retains full control over herd health, breeding, feeding, drying-off, veterinary care, and all other management responsibilities.
4. MEMBERSHIP SERVICES & FEES
Product availability is seasonal and dependent on the natural production cycles of the herd. Dakota Cold Creamery makes no guarantee of continuous supply. In the event of unforeseen shortages, Dakota Cold Creamery reserves the right to substitute, delay, or pause product delivery. If production is significantly reduced, some Members may be temporarily placed on hold until supply levels return. Membership status will remain active during this pause. No refunds shall be issued under normal circumstances, including delays or disruptions. Refunds, if any, remain at the sole discretion of Dakota Cold Creamery. Members will be notified promptly if their share is paused. No paused period shall exceed 60 consecutive days without written justification to the Member.
Member agrees to pay a monthly membership fee of $20, which includes one (1) gallon per month of raw goat milk or an equivalent value in other dairy products (such as cream, buttermilk, or yogurt).
Any additional product beyond the included monthly gallon will be billed at standard rates.
Delivery is available for an additional fee, calculated to reflect fair compensation for a local delivery driver. The delivery fee shall be communicated in advance and may vary depending on distance and route logistics.
Monthly fees are due in advance on the 1st day of each month.
Dakota Cold Creamery may adjust fees semi-annually (January 1 and July 1) with 15 days’ notice to account for increased operational costs.
5. PICKUP & DELIVERY
Members are responsible for picking up milk at the agreed-upon time and place, or sending a representative.
If the Member elects to have products delivered, they must provide a secure, clearly marked location with adequate refrigeration or cooling capacity for safe drop-off. Dakota Cold Creamery cannot guarantee delivery within a specific time window and reserves the right to deliver any day of the week, including weekends. Delivery schedules will be determined by Dakota Cold Creamery based on available drivers, staffing, and delivery routes. Member preferences may be considered but are not guaranteed. Regular working hours are defined as 8:00 AM to 5:00 PM, but deliveries may occur outside of this window depending on logistics. Members understand that deliveries may occur while they are not present and agree that Dakota Cold Creamery is not liable for product quality once the items have been placed in the designated location. Member assumes full responsibility for theft, spoilage, damage from weather, pets, or pests, and any issues arising from an improperly maintained cooler or drop location. Member waives all claims for missed, spoiled, or stolen deliveries once the product has been left at the designated drop location.
If no one arrives to collect the milk, the product will be considered forfeited if not retrieved within 24 hours of the scheduled pickup time, and may be reallocated or discarded, unless alternate arrangements have been made and confirmed in advance.
Members are solely responsible for tracking pickup times. Dakota Cold Creamery is not obligated to issue reminders or notices.
6. LIABILITY & RISK
Member acknowledges that raw dairy products carry inherent health risks and agrees to consume at their own risk.
Member affirms full understanding of the risks associated with consuming raw milk and any raw milk byproducts (including but not limited to cream, butter, yogurt, and cheese).
Member agrees to indemnify and hold harmless Dakota Cold Creamery and its owners, employees, representatives, and affiliates from any and all claims, liabilities, damages, or actions arising from the production, handling, or consumption of raw milk or related products. Member waives all claims arising from consumption, storage, transport, or delivery of raw milk or byproducts, whether based in contract, tort, negligence, or any other theory of law.
Members enter the property of Dakota Cold Creamery at their own risk. The Member acknowledges that the farm is an active, working agricultural operation, which includes working animals, heavy equipment, and active dairy production processes. Injuries can and do occur in such environments. For their own safety, all Members may be required to be accompanied by a staff member, employee, or owner of Dakota Cold Creamery while on the premises.
7. TERM & TERMINATION
This Agreement shall remain in effect in perpetuity, unless terminated by either party with thirty (30) days’ written notice. Once notice of termination is issued by either party, the agreement shall be considered void after 30 days regardless of Member’s position or protest.
Dakota Cold Creamery reserves the right to refuse renewal or terminate membership at its sole discretion.
Dakota Cold Creamery may terminate this agreement for any reason, including but not limited to breach of contract, disruptive conduct, or actions contrary to the farm’s policies or values.
8. DISPUTES & GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflict of law principles.
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiation.
If informal resolution fails, the parties agree to submit the dispute to binding arbitration in Trail County, North Dakota, in accordance with the rules of the American Arbitration Association (AAA), or a comparable arbitration service agreed upon by both parties.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The prevailing party in any arbitration or legal proceeding shall be entitled to recover its reasonable attorney’s fees, court costs, and related expenses from the non-prevailing party.
Both parties waive the right to participate in any class action or representative proceeding related to this Agreement.
In no event shall Dakota Cold Creamery be liable for punitive, incidental, or consequential damages. Total liability shall not exceed the amount paid by Member in the 12 months preceding the claim.
Member agrees to waive any right to a trial by jury in connection with any dispute related to this Agreement.
9. ADDITIONAL PRODUCTS & MEMBER PARTICIPATION
Dakota Cold Creamery may, at its discretion, expand its offerings to include other farm products, including but not limited to garden produce, meat, eggs, herbs, and other goods produced on-farm.
Members may be invited to participate in advisory votes or polls on topics related to the general direction of the farm, including potential new product offerings, events, and community outreach.
Voting shall be non-binding and for advisory purposes only. Member input may be considered, but Dakota Cold Creamery shall not be obligated to act upon any vote or suggestion. All final decisions regarding farm operations, management, product development, and business strategy remain solely with Dakota Cold Creamery.
10. ENTIRE AGREEMENT
This product is not pasteurized and has not been evaluated by the Food and Drug Administration. It is not intended to diagnose, treat, cure, or prevent any disease.
If any provision of this Agreement is found unenforceable, the remainder shall remain in full force and effect.
This document represents the full understanding between the Member and Dakota Cold Creamery. No verbal agreements or side understandings shall be binding unless in writing and signed by both parties.
SIGNATURES
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date(s) below.
Member – Printed Name & Signature
By signing below, Member acknowledges that raw milk is not pasteurized and carries inherent health risks, and has read the FDA disclaimer above. Products provided under this agreement are not licensed, graded, or approved for resale or distribution beyond private herd share consumption. Date: _________________________________
Dakota Cold Creamery, LLC – Authorized Representative Printed Name & Title: _________________________Signature: _________________________________Date: _________________________________
[Optional:] “This Agreement may be executed electronically, and electronic signatures shall be deemed equivalent to original signatures under N.D. Cent. Code §9-16-06.”