VINEYARD MANAGEMENT AGREEMENT
THIS AGREEMENT is made and entered into this the day of August, 201_, by and between (VINEYARD OWNER), (“VINEYARD OWNER NAME") and WINERY, (“WINERY OWNER NAME”)(collectively, "Parties").
<Vineyard Owner> owns and operates a vineyard of which <Winery> leases a portion under the Vineyard Lease Agreement dated ______(hereinafter, the “Lease”) in order to produce grapes for the purpose of making wine within its Farm Winery.
WHEREAS, IT IS AGREED BY THE PARTIES:
1. GRAPE CULTIVATION PRACTICES
Vineyard Owner will manage the land and vines included in the Lease using sound viticultural practices through the growing season. <Vineyard Owner> will provide <Winery> with cultivation practices upon reasonable request.
<Vineyard Owner> agrees to supply <Winery> with complete information about fertilization, spray schedules and
chemicals used prior to harvest, including, upon request, pesticide applicator certificates, in order for <Winery> to
comply with all applicable Federal, State, and Local laws and requirements.
The Parties will regularly communicate about the development of the fruit and the timing of harvest. <Winery>may inspect the vineyard and take samples of the fruit at a date and time agreed upon by the Parties.
2. ANTICIPATED YIELD
Yield is anticipated to be as follows:
<Varietal> <Anticipated Yield>
<Varietal> <Anticipated Yield>
The weight of the yielded fruit will be measured by the scale on <Vineyard Owner’s (or Winery’s)> property. If the leased property yields more than this anticipated yield, <Winery> will have the right to buy all <or a specific portion> of this yield at the price listed in Section 3, below.
3. PRICE
<Winery> will pay <Vineyard Owner> $______per ton of fruit harvested off the leased property as a management fee. All payments are due within 30 days of the date of delivery of the yielded fruit.
The price per ton will be modified in accordance with the following schedule:
- Rot or mold in amounts equal to __% will result in a price reduction of $__per ton. In the case of rot or mold in excess of __%, the grapes are subject to rejection by <Winery>.
- Bird or insect damage in excess of __% will result in a price reduction of $__ per ton. In the case of bird or insect damage in excess of __%, the grapes are subject to rejection by <Winery>.
- Material other than grapes in excess of __% will result in a price reduction of $__ per ton. In the case of material other than grapes in excess of __%, the grapes are subject to rejection by <Winery>.
- Sugar levels below _ degrees brix will result in a reduction of $__ per ton for each ½ degree below this level. A brix level below ___ degrees brix will result in the grapes being subject to rejection by <Winery>.
IN THE ALTERNATIVE, <Winery> bears all risks such as disease, bird or insect damage, and weather damage during the term of the Lease.
4. PARTY RESPONSIBILITIES
<Vineyard Owner> will be responsible for all costs incurred and incidental to the cultivation and harvesting of the crop prior to <Winery taking possession of the grapes. <Winery> will supply all harvesting lugs and is responsible for the subject grapes on the date of harvest. <Will winery personnel assist in harvest, etc?>
5. TERM OF AGREEMENT
This Agreement runs concurrently with the Lease, commencing <May 1, 201_ and terminating <December 31, 201_> or upon completion of harvest, whichever comes first, and will renew automatically on a year to year basis concurrent with the Lease.
6. MISCELLANEOUS
This Agreement shall be governed by the laws of the Commonwealth of Virginia, and all remedies available by law are applicable. Neither party shall be liable to the other for direct, consequential, incidental or other damages, costs or expenses due to acts or delays for any cause beyond their reasonable control, including, but not limited to, fire, flood, earthquake, windstorm, other acts of God or the elements, embargoes, government orders or restrictions, war or civil disturbances.
7. ARBITRATION
Any disputes arising from the implementation of this agreement shall be subject to binding arbitration. Each party shall nominate an agent who shall then name a mutually acceptable arbitrator who shall decide outstanding issues within thirty days of his designation, which shall be made within thirty days of a declaration of impasse.
WINERY OWNER
By:______
Title:______
VINEYARD OWNER
By:______
Title:______