Miller’s Organic Farm – A Private Membership Association
MEMBERSHIP agreement (v.1-March, 2018)
With the reading of this membership agreement, I accept the offer made to become a member of Miller’s Organic Farm (“Association”) and I have read and agree with the following Declaration of Purpose from Article 1 of Miller’s Organic Farm Articles of Association.
1. This Association of members hereby declares that our main objective is to maintain and improve the civil rights, constitutional guarantees, and political freedom of every member and citizen of the United States of America. We believe that the Constitution of the United States is one of the best documents ever devised by man, and the signers of the Declaration of Independence did so out of love for their country.
2. We believe that the First Amendment of the Constitution of the United States of America guarantees our members the rights of free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another in asserting our rights under the Federal and State Constitutions and Statutes.
IT IS HEREBY Declared that we are exercising our right of “freedom of association” as guaranteed by the 1st and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions. This means that our association activities are restricted to the private domain only.
3. We declare the basic right of all of our members to select spokesmen from our number who could be expected to give wisest counsel and advice concerning the need for, and availability and access to food and to select from our number those members who are the most skilled to assist and facilitate the actual performance and delivery of products.
4. We proclaim the freedom to choose and decide for ourselves the types of products, services, and methods that we think best for healthy eating and preventing illness and disease of our minds and bodies and for achieving and maintaining optimum wellness.
We proclaim and reserve the right to include healthy food options that include, but are not limited to, cutting edge discoveries and farming practiced or used by any types of practitioners the world over whether traditional or nontraditional, conventional or unconventional.
5. More specifically, the mission of our Association is to provide members with the highest level of food quality and the most effective methods of producing said foods. We offer members these food options. Our Association understands that wellness has many dimensions and strives every day to stay on the leading edge of new technology that leads to better wholesome foods. The Association strives and provides the healthy food choices in the most effective means of delivery of these foods at an affordable fee.
More specifically, the Association specializes in raw milk products and grass-fed meats and demands access to foods of our choice. The Association offers to members alternates to other type of foods and as a service and benefit to members.
6. The Association will recognize any person (irrespective of race, color, or religion) who is in accordance with these principles and policies as a member, and will provide a medium through which its individual members may associate for actuating and bringing to fruition the purposes heretofore declared.
MEMORANDUM OF UNDERSTANDING
I understand that the fellow members of the Association that provide products and services, do so in the capacity of a fellow member and not in the capacity as a licensed wholesaler, retailer or provider. I further understand that within the Association no wholesaler/retailer-customer relationship exists but only a contract member-member Association relationship. In addition, I have freely chosen to change my legal status as a public consumer/customer to a private member of the Association. I further understand that it is entirely my own responsibility to consider the recommendations and products offered to me by my fellow members and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended products and is my own carefully considered decision. Any request by me to a fellow member to assist me or provide me with the aforementioned recommendations or products is my own free decision in an exercise of my rights and made by me for the benefit, and I agree to hold the Trustee(s), staff and other worker members and the Association harmless from any unintentional liability for the results of such recommendations and products, except for harm that results from instances of a clear and present danger of substantive evil as determined by the Association, as stated and defined by the United States Supreme Court.
The Trustee, Amos Miller has chosen Anke Meyn as the person best qualified to perform services to members as “Managing Member of the Association” and entrust her to select other members to assist her in carrying out that service.
In addition, I understand that, since the Association is protected by the First and Fourteenth Amendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), members or other staff persons. All rights of complaints or grievances will be settled by an Association Committee and will be waived by the member for the benefit of the Association and its members. Because the privacy and security of membership records maintained within the Association, which have been held to be inviolate by the U.S. Supreme Court, the undersigned member waives complaint process.
Any customer/consumer records kept by the Association will be strictly protected and only released upon written request of the member. I agree that violation of any waivers in this membership contract will result in a no contest legal proceeding against me. In addition, the Association does not participate in any insurance plans.
I agree to join the Association, a private-membership association under common law, whose members seek to help each other achieve better health and live longer with good quality products.
I understand that the providers who are fellow members of the Association are offering me products, services and benefits that do not necessarily conform to conventional products on the market.
As a member, I accept the goals of helping my body function better and choosing food products that are very safe, realizing that no product testing is foolproof. Other aspects of informed consent will take place in my discussions with the providers and my fellow members of the Association.
My activities within the Association are a private matter that I refuse to share with State Medical Board(s), the FDA, FTC, State Milk Board(s), USDA, Agricultural Board(s) and any other governmental agency without my express specific permission. All records and documents remain as property of the Association, even if I receive a copy of them. I fully agree not to file a liability lawsuit against a fellow member of the Association, unless that member has exposed me to a clear and present danger of substantive evil.
I acknowledge that the members of the Association do not carry liability insurance. The Trustee(s) shall have the right to sanction a member upon unanimous vote of the Trustee(s), after a hearing of the facts where the member may be present after notification. The sanctions include removal from active membership or imposing any other special and necessary conditions upon any member who shall discredit or bring harm to the Association in any manner.
I further agree and understand, that all personal information are held confidential and no sharing of email, credit card and payment information will be tolerated. The Website ordering platform and images are proprietary to Amos Miller Organic Farm and I consent and accept the charges I authorize through the ordering system. I further understand that if there is a billing problem I will NOT file a dispute against Amos Miller or Miller Organic Farm but I agree to seek contact by email firstname.lastname@example.org and a refund/adjustment of charges or replacement of goods in question will be resolved mutually and satisfactory.
I enter into this agreement of my own free will or on behalf of my dependent without any pressure or promise of products. I affirm that I do not represent any State or Federal agency whose purpose is to regulate and approve products. I have read and understood this document, and my questions have been answered fully to my satisfaction. I understand that I can withdraw from this agreement and terminate my membership in the Association at any time.
These pages, the website content and Article 1 of the Articles of Association of the Association consist of the entire agreement for my membership in the Association and they supersede any previous agreement.
I understand that the membership fee entitles me to receive those benefits declared by the Trustee(s) to be “general benefits”.
I hereby declare that I/we are exercising our right of “freedom of association” as guaranteed by the 1st and 14th Amendments of the U.S. Constitution and equivalent provisions of the various State Constitutions. This means that Association activities are restricted to the private domain only.
I hereby remit my one time non-refundable payment of $35.00 as consideration for my membership. I can cancel my membership at any time by notifying the Managing Member by email at email@example.com.
I do hereby certify, attest and warrant that I have carefully read the above and foregoing Miller Organic Farm Contractual Application for Membership and website and I fully understand and agree with same. My payment of the membership fee constitutes my signature and legal acceptance of this membership contract.
The Concept of “Liberty”
The concept of “liberty” as guaranteed by the due process clause of the Fifth and Fourteenth Amendments of the U.S. Constitution has been held to denote by the U.S. Supreme Court and others, the following:
- 1. Freedom from bodily restraint.
- 2. Right of the individual to contract.
- 3. Right to engage in any of the common occupations of life.
- 4. Right to acquire useful knowledge.
- 5. Right to marry.
- 6. Right to establish a home.
- 7. Right to bring up children.
- 8. Right to worship God according to the dictates of his own conscience.
- 9. Right to enjoy those privileges long recognized at common-law as being – essential to the orderly pursuit of happiness by free men.
- 10. Right of freedom of Association.
These “liberty” rights were upheld in the cases of Meyers v. Nebraska, 262 U.S. 390; Board of Regents v. Roth, 408 U.S. 390; Flesher v. City of Signal Hill, 829 F.2d 1491; Estate of Marissa Renee Imrie v. Golden Gate Bridge, Highway and Transportation District, 282 F.Supp. 2d 1145 and many others.
Thus, the Right of Freedom of Association can be equated with nine (9) other rights under the legal concept of “liberty” that would not be even questioned by you to exercise in your life.
The question becomes, “Why do you hesitate to exercise your freedom of association as part of your “liberty” interest”?
The answer is that you have been influenced by persons who do not put your liberty interest above their interest and would misrepresent the true law concerning the “liberty” of freedom of association.
Also, this “liberty” being freedom of association, may not be interfered with under the guise of protecting the public interests, arbitrarily interfere with private business, or impose unusual and unnecessary restrictions upon lawful occupations. Lawton v. Steele, 152 U.S. 133.
Again, the Right of Freedom of Association is one (1) of the liberties guaranteed by the Supreme Law of the Land in the United States. (see above) This is why no Federal or State Agency has ever successfully even challenged a properly setup and operating1st& 14th Private Membership Association in the history of this country for over two hundred (200) years.
Public Domain versus Private Domain*
First, an understanding of the difference between amala in se crime and a mala prohibita crime is important. A mala in se crime is a “crime or evil in itself,” e.g. murder, rape, bank robbery, etc. even under common-law. A mala prohibita crime is not a “crime in itself” but is only a crime because a state legislature or federal congress makes it a crime for the public welfare. For example, the federal government or a state may decide to license a certain profession that was legal to do before licensing. After the licensing statute, a person who conducts that profession without a license could be charged with a felony criminal offense for practicing without a license.
In the public domain, a person who advises another that his legal rights have been infringed and refers him to a particular attorney has committed a mala prohibita felony crime in the State of Virginia. But in the private domain of a First Amendment legal membership association, the state, “…in the domain of these indispensable liberties, whether of…association, the decisions of this Court recognize that abridgment of such rights.” N.A.A.C.P. v. Button, 371 U.S. 415 at 421. The “modes of…association protected by the First and Fourteenth (are modes) which Virginia may not prohibit. N.A.A.C.P. v. Button, at 415. In other words, a private mode or domain is protected and is a different domain than a public domain. What was a mala prohibita felony criminal act in the public domain became a legally protected act in the private domain or private association. A mala in se crime is not legally protected in the private domain or private association.
Also, the private domain is referred to as a “sanctuary from unjustified interference by the State” in Pierce v. Society of Sisters, 268 U.S. 510 at 534-535. And as a “constitutional shelter” in Roberts v. United States, 82 L.Ed.2d 462 at 472. And again as a “shield” in Roberts v. United States, supra at 474. In addition, the U.S. Supreme Court in Thomas v. Collins, 323 U.S. 516 at 531, specifically refers to the “Domains set apart…for free assembly.” The First Amendment right to association creates a “preserve” in Baird v. Arizona, 401 U.S. 1.
The private domain of an association is a sanctuary, constitutional shelter, shield, and domain set apart and a preserve according to a number of U.S. Supreme Court decisions.