Terms, Conditions & Representations
1. I am a California resident, over 21 years of age, a qualified patient under California Law, and my doctor has recommended medical marijuana as appropriate treatment for my serious medical condition. Under the Compassionate Use Act of 1996 (California Health and Safety Code §11362.5) and the Medical Marijuana Program Act (California Health and Safety Code §§11362.7 et seq.), I may use, possess, cultivate and transport marijuana, for medical purposes, within the State of California.
2. I understand that the Collective is established in accordance with California Health and Safety Code section 11362.775 so that qualified patients, persons with an identification card, and their designated primary caregivers, may associate with each other in order to collectively cultivate marijuana and distribute it to members of the collective to use for medical purposes as authorized under California law. I agree to comply with (1) this Agreement, (2) rules, regulations, policies, and procedures adopted by the Collective’s board of directors, (3) any lawful directions, instructions and requests from staff of the Collective in connection with the delivery of medical marijuana to me for my personal medical use, and (4) state and local laws relating to medical marijuana and medical marijuana collectives, as the same may be amended from time to time. I acknowledge and agree that all activities relating to the cultivation, transportation, possession, storage, allocation, acquisition, disbursement, provision and use of medicinal marijuana by or through the Collective and its members are conducted solely for the mutual benefit of members of the Collective. Any sale, gift, distribution or transfer of possession of medical marijuana by the Collective or its individual members to any person who is not a member of the Collective is strictly forbidden.
3. I understand that marijuana will be cultivated specifically for me based on my individual medical needs. As such, I authorize all members of the Collective to possess, cultivate, and transport medical marijuana on my behalf within the State of California.
4. I agree not to distribute any marijuana to anyone who is not an active member of the Collective, and only to use the medical marijuana obtained from the Collective for my personal, legitimate, medical needs. I will not take my personal medical marijuana out of the State of California for any reason. I further agree that I will not share, sell, barter, trade, give, exchange, deliver or otherwise provide my medical marijuana to any other person.
5. Until which time the Collective is able to secure state and local permits to sell cannabis products under the new adult use regulations, the Collective is operating in full compliance under the compassionate care act and Proposition 215. The Collective currently sells products to verified medical patients and collects California state sales tax, at which time ownership of the product passes to the purchaser. By request, the Collective is able to refer or engage a third party courier service on behalf of the purchaser in order to ensure that the purchaser is able to deliver the tax paid personal property to themselves. Regardless of the carrier, all packages must be signed for by an adult.
6. The Collective is a nonprofit corporation the primary purposes of which are to facilitate the collaborative efforts of its patient and caregiver members – including the allocation of costs and revenues – to cultivate, process, transport, store and distribute medical marijuana to qualified patients who join the Collective, in accordance with California and local laws. As a member, I agree to pay a production fee for the medical marijuana grown on my behalf to ensure the Collective’s continued operation, and that such payments are not in any way to be construed as a commercial sale. I further understand and agree that production fees are set at levels reasonably calculated to cover the Collective’s direct and indirect overhead costs and operating expenses, including the amortization of startup costs, capital costs, and maintenance of reasonable reserves to cover contingencies and higher than anticipated overhead and operating expenditures. I understand and agree that, as a member, my proportional share of such costs and expenses is not susceptible to precise scientific calculation, and that the most fair and reasonable means of raising the revenues needed to operate the Collective, and of distributing the costs among the Collective‘s members, is for each member to pay a production fee based on the amount of medical marijuana cultivated for and obtained by the member from the Collective.
7. I authorize the Collective to possess the medical marijuana as described under this Agreement jointly with other Collective members under similar membership agreements. I agree the medical marijuana possessed by the Collective at any time is the collective property of every patient who is also under this membership agreement and the care of the Collective.
8. I agree that any violation of the terms of this Agreement or any other rules, regulations and procedures established by the Collective’s board of directors are grounds for immediate termination of membership, and that the Collective’s management reserves the right to refuse to provide medical marijuana on any given day to any member for any reason or no reason whatsoever.
9. I agree to provide the Collective with all changes in my contact information, diagnosis, or primary physician immediately.
10. As a member of the Collective, I, my heirs, and those with me, expressly and forever disclaim the warranty of merchantability and the warranty of fitness for a particular purpose with respect to marijuana I obtain from or through the Collective.
11. I, my heirs, and those with me expressly and forever waive any and all claims now known, or discovered at any time in the future due to, related to or arising from my use of marijuana or any other product/herb/food/oil/concentrate I may obtain from the Collective.
12. I, my heirs and those with me expressly and forever release the Collective, its officers, directors, members, consultants, landlords, operators, managers, employees, agents, growers, providers, wholesalers, and vendors, from and against any and all lawsuits, alter-ego lawsuits, demands, charges, or claims whether for personal injury, wrongful death, or any other form of injury or damages, with references to the strength, potency, purity, toxicity, storage or handling, appropriateness for your condition of any marijuana and related products I may obtain from the Collective, or any other thing, matter, occurrence, damage, or injury, further, that I knowingly waive the provisions of California Civil Code section 1542 which states in pertinent part that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know by him must have materially affected his settlement with the debtor.”
13. I understand that it is my responsibility to keep all medicine, including medical marijuana, far away from children. I agree to use common sense in regard to this and agree to keep all my medical marijuana products under lock and key so that no other person, especially children, can get to it. Any deviation from this rule is done at my own sole risk and is my responsibility as a medical marijuana patient.
14. I agree that the statements made by the Collective, it’s managers and other Collective members, orally or in printed or published materials, and on the website, in regard to medical cannabis have not been evaluated by the U.S. Food & Drug Administration (FDA), and that the products created or sold by HerbaBuena are not intended to diagnose, cure or prevent any disease. I further acknowledge and understand that members of the HerbaBuena Collective are not licensed physicians and that any product recommendations and related health concerns should be discussed with a medical doctor. I take full personal responsibility for any potential risks or side effects that may be related to using medical cannabis products.
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