Private Member Agreement
Welcome to Angel Acres Egg Club!
PRIVATE MEMBERSHIP AGREEMENT
This is the Private Membership Agreement (the "Agreement") between (a) Nourish Food Club LLC ("NFC") and (b) the undersigned for the acquisition of Low Ps™ farm products and/or Angel Acres Eggs™ via NFC.
A. NFC is a Michigan Private Member Association ("PMA") comprised of a select group of PMA members for the efficient provision of farm fresh products via NFC to the PMA members.
B.
Egg Refund & Cancelation Policy:
We are unable to provide refunds once your order has been shipped. You will receive an email a few days before your subscription order is processed, so please initiate any cancellations or postponements before your order ships. Once FedEx has picked up your egg box, we unfortunately cannot retrieve the box.
If you've received your box and would like a refund, please send us an email with a photo to provide justification. We will review your request and do our best to make things right.
We appreciate your understanding. If you have any other questions, please don't hesitate to reach out to our customer support team.
C. Accordingly, for $1.00 and other good and valuable consideration, including the mutual covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby applies for a membership in NFC and hereby agrees as follows:
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The undersigned hereby applies for a membership share ("Share") in NFC, and tenders the sum of $1 for a Share in NFC. The nonrefundable Share in NFC may be approved, but approval for a Share is subject to the absolute discretion of Ashley and Sarah Armstrong of NFC. NFC is a PMA, and only delivers its farm products to accepted PMA members and is not open to the general public.
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As a member of NFC, you have the exclusive right to acquire farm fresh products from NFC on a priority basis, such that your product shipments will take priority over any non-member's desire to purchase any such products that might otherwise be available from the farms raised by NFC. Non-members are not allowed to purchase products from NFC.
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NFC's breadth of foods are consciously raised and made, and sourced through close-knit arrangements with small, local, sustainable family farms who adhere to a NO harmful pesticides, NO chemicals, and NO artificial growth hormones policy. All livestock are raised using regenerative agriculture practices. However, the raw milk available via NFC is NOT PASTEURIZED; is FOR COSMETIC USE ONLY; and is NOT FOR HUMAN CONSUMPTION.
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As a member of NFC, you are a participant in NFC's Flock Share Lease for NFC's hens, so that you are paying a fee to NFC for the boarding of the hens; caring and feeding of the hens; and the costs associated with the gathering and shipment of the eggs to you. Further, you have the right of direct communication between NFC's responsive customer support for any matters pertaining to the hens and the eggs you acquire through your membership in NFC.
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If approved, this Share in NFC will entitle the undersigned to participate in the PMA and to thereby obtain farm products available via NFC. Any payments hereunder do not constitute the sale of any farm products, but rather are lease payments for boarding and delivery and other services rendered by NFC and the farmers raising the farm products in caring for, gathering and providing the farm products to you.
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PLEASE NOTE: (a) NFC's eggs come fresh from the farm to you unwashed with their natural bloom for locked-in freshness, and the FDA and the Michigan Department of Agriculture have determined that the consumption of unwashed eggs carries the risk of bacteria and may otherwise be harmful to your health; (b) NFC's raw dairy products are not pasteurized, and the Government (i.e., the FDA; the CDC; and the Michigan Department of Agriculture) has determined that raw dairy products may contain harmful bacteria and that the consumption of raw dairy products may be harmful to your health, especially for infants; young children; pregnant women; the elderly; and people with weakened or compromised immune systems.
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Finally, (a) any claims relating to or in any way pertaining to NFC and/or farm products available via NFC shall be limited to a refund of the cost of acquisition of the farm products, with the express waiver of any damage claims against NFC, Angel Acres (and their agents, officers, directors, members and employees) and Ashley and Sarah Armstrong for personal injury, wrongful death, and any other claim for damages; (b) any dispute or claim relating, arising, or in any way pertaining to NFC and/or the consumption of any products available via NFC shall be filed, litigated and tried exclusively in the judicial district of the Michigan state or federal courts with jurisdiction covering Cass County, Michigan (where NFC is based), with the application of the internal Michigan laws, regardless of any conflict of law analysis which otherwise might be construed to the contrary; (c) this Agreement contains the full and complete agreement between the parties pertaining to the subject matter hereof, supersedes any and all prior agreements or understandings between the parties (oral or otherwise), cannot be amended or modified by any conduct of the parties, and cannot be amended or modified except by written agreement dated and signed by all parties; (d) should any clause, provision, or term of this Agreement be determined to be unenforceable, that clause, term or provision may be severed from this Agreement, and the other clauses, provisions and terms of the Agreement shall otherwise remain in full force and effect; (e) by your signature below and by joining NFC and/or the acquisition of any products via NFC, you expressly consent to the terms and conditions set forth above.
CHECKING THE BOX AT CHECKOUT SERVES AS YOUR SIGNATURE AND UNDERSTANDING TO THIS PMA.
CONSTITUTIONAL FOUNDATION OF THE NOURISH FOOD CLUB PRIVATE MEMBERSHIP ASSOCIATION
Whereas, the First Amendment to the United States Constitution guarantees the fundamental right of citizens to freely associate, assemble, and petition the government, this Private Membership Association (PMA) is established as a direct exercise of those constitutionally protected liberties. The right to freely associate is a cornerstone of American civil society, allowing individuals with shared interests to come together voluntarily, independent of governmental interference.
The First Amendment protections specifically upheld in this PMA include:
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Freedom of association: The right of members to voluntarily join a private organization
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Right to peacefully assemble: Members can gather and collaborate around shared agricultural and nutritional values
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Right to petition: Members maintain the ability to communicate and address concerns within their association
Furthermore, the Ninth Amendment to the United States Constitution reinforces the understanding that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people. This PMA recognizes that citizens possess fundamental rights beyond those explicitly listed, including the right to:
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Engage in private contractual relationships
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Make informed choices about food sources and nutrition
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Create voluntary associations for mutual benefit
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Preserve traditional and alternative approaches to agriculture and food production
These constitutional principles underscore the legitimacy and protection of this Private Membership Association, affirming the members' inherent rights to voluntary association and self-determination.