Sharecropping Contract or Agreement
Agreement made on the _________________ (date), between ___________________
(Name of Landowner) of _______________________________________________________
______________________ (street address, city, county, state, zip code), referred to herein
as Landowner, and ____________________ (Name of Sharecropper), of ________________
______________________________________________________________ (street address,
city, county, state, zip code), referred to herein as Sharecropper.
Landowner hereby contracts with Sharecropper for the crop season beginning
__________________ (date), and ending _________________ (date), to farm the following
described property (the Property): (description of property) ___________________________
____________________________________________________________________________.
1.
Duties and Obligations of Sharecropper
A.
Sharecropper shall cultivate all tillable lands, plant crops, and harvest such crops
in a good workmanlike manner and at proper times as directed by, and to the
satisfaction of, Landowner, and for that purpose shall assume all liability, furnish all
seed, feed, and machinery and other power free of charge, including the plowing and
seeding of the Property.
B.
Sharecropper shall not permit the pasture of the Property to be at any time
overstocked or overgrazed so as to injure the sod, or allow more than ______ (number)
head of stock on the pasture at any one time.
C.
Sharecropper shall haul out on the cultivated fields of the Property all fertilizer on
such fields, or made there during the term of this Agreement, which fertilizer shall be
spread in an even manner to benefit the soil at such period of the year to be of most
benefit to the crops.
D.
Sharecropper shall not allow any waste on the Property; not permit to be
removed, injured, or destroyed any building, fence, tree, shrub, or improvement of any
kind or nature whatsoever, and not permit any tree or natural timber to be cut or
removed from the Property except with the written consent of Landowner.
E.
Sharecropper shall not assign this Agreement, or alter or allow it to be altered, or
permit any other person to occupy the Property during the term of this Agreement,
without the written consent of Landowner.
F.
Sharecropper shall not farm or lease any other land in addition to the Property
without written consent of Landowner.
G.
Sharecropper shall deliver to Landowner the free and full possession of the
Property at the expiration of this Agreement, together with all buildings, fixtures, and
improvements on Property in as good order and condition as they were at any time
during the term of this Agreement, usual and ordinary wear excepted, without default or
delay and without requiring Landowner to give notice to quit, which requirement of notice
Sharecropper now waives.
H.
Sharecropper shall make ordinary repairs to buildings, fences, waterworks,
ditches, and tilling on the Property without charge for labor or hauling of material,
providing the cost of such materials is paid by Landowner; such repairs shall be those
due to ordinary wear and tear and not repairs made necessary by destruction in whole or
in part of the improvements on the Property.
2.
Improvements Made by Sharecropper
All buildings, fences, and improvements of every kind and nature that may be erected on
the Property by Sharecropper during the term of this Agreement shall become and remain the
property of Landowner.
3.
Participation in Government Programs
The participation of the farm on the Property in any program of the United States
Department of Agriculture, or similar governmental program, for crop production control, soil
conservation, or range improvement, and the observance of the terms and conditions of any
such program shall be at the sole option of Landowner.
4.
Landowner’s Right of Entry
If Landowner shall desire, at any time during the term of this Agreement, to sow or to
plow and prepare the stubble ground for crop, or sow fall wheat in the cornfields for the following
season, Landowner may enter on the Property for such purposes, without hindrance from or
liability to Sharecropper.
5.
Payment
Sharecropper shall receive ______ % of all crops raised by Sharecropper on the
Property during the term of this Agreement as Sharecropper's payment under this Agreement.
The method for dividing such crops shall be a customary method and shall be chosen solely by
Landowner.
6.
Ownership of Crops
Landowner shall own all crops raised on the Property until division of such crops, and
until any cash advancements by Landowner to Sharecropper, either delinquent or current, shall
have been paid.
7.
Sale of Property
Sharecropper agrees that this Agreement is subject to sale of the Property on or before
_______________ (date). If the Property is sold prior to that date, and the purchaser desires
possession of Property, Sharecropper shall surrender Sharecropper's copy of this Agreement
and possession of Property, with payment being made to Sharecropper of fair and reasonable
compensation for the fall plowing and seeding of immature grain crops. If Sharecropper and
Landowner cannot agree as to the amount of such compensation, it shall be left to Arbitration as
described in Section 12 below.
8.
Construction of Contract
Nothing shall be construed to make this Agreement a lease of the Property, and it shall
strictly remain and be a sharecropping agreement.
9.
Effect of Breach by Sharecropper
If Sharecropper fails to comply with all the requirements of this Agreement, or should
Landowner feel that the Property is not being farmed properly or that the crops are being
diverted to use of Sharecropper before division of such crops as provided in Section 5, then
Landowner may elect to remove Sharecropper at once. In the event of such removal,
Landowner shall carry out the farming enterprise for the season as stated above, as Landowner
may elect, and account to Sharecropper for Sharecropper's share of crops as above stipulated,
after deducting all present and prior indebtedness, advances, costs, and expenses.
10.
Excusable Delay
Neither party to this Agreement shall be liable to the other for any loss, cost, or
damages, arising out of, or resulting from, any failure to perform in accordance with the terms of
this Agreement where such failure shall be beyond the reasonable control of such party, which,
as employed in this Agreement, shall be deemed to mean, but not be limited to, acts of God,
strikes, lockouts, or other industrial disturbances, wars, whether declared or undeclared,
blockades, insurrections, riots, governmental action, explosions, fire, floods, or any other cause
not within the reasonable control of either party.
11.
Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration
of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration
Association then in force and effect.
12.
Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
13.
Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.
14.
Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party.
15.
In this Agreement, any reference to a party includes that party's heirs, executors,
administrators, successors and assigns, singular includes plural and masculine includes
feminine.
WITNESS our signatures as of the day and date first above stated.
________________________
(Printed name)
________________________
(Signature of Sharecropper)
_________________________
(Printed name)
_________________________
(Signature of Owner)