cbd now! collective patient membership agreement … · cbd now! collective patient membership...

5

Click here to load reader

Upload: doannguyet

Post on 25-Jun-2018

212 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT … · CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT I, ... expressly waive any claim of liability, ... THE UNDERSIGNED HEREBY

CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT

I, ___________________________________________, certify, under penalty of perjury, that I

am eighteen (18) years or older and that under California Health and Safety Code Sections

11362.5 and 11262.7 et seq., I have the right to obtain and use cannabis for medical purposes in

that I am currently a valid medical cannabis patient or a valid primary caregiver of a valid

medical cannabis patient who maintains a valid medical recommendation by a licensed physician

who has determined that my health would benefit from the use of cannabis (marijuana) in the

treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or

any other illness for which the physician has determined is appropriate for my care. I agree that as a condition of my membership in the CBD NOW! COLLECTIVE, a California

Non-Profit Medical Cannabis Collective (“Collective”), I will comply with all terms and

conditions in this Membership Application and Agreement and all further rules of the Collective

that I am given a copy of. By becoming a member of the Collective, I authorize the Collective, through its members and

managers, including any operational managers, whether FOUNDING MEMBERS or Mateel

Medicinals, LLC, the entity member that is the day to day manager of all operations of the

Collective1, to cultivate, process, test, package, transport and otherwise prepare cannabis

(marijuana) in all forms for my medical use. I also understand and agree that unless or until

further written membership rules are promulgated by the Collective, in recognition of the

tremendous amount of effort and resources the FOUNDING MEMBERS put into getting it going

and keeping it viable so that it would allow all members to receive the benefit of the facilitation

of the Collective, that the sole decision making power of the Collective rests with the

FOUNDING MEMBERS, and that for all intents and purposes, the FOUNDING MEMBERS

shall act as the Board of Directors of the organization. I also understand and agree that the

FOUNDING MEMBERS have specifically authorized Mateel Medicinals, LLC to manage the

day to day operations of the Collective. Finally, I understand that the FOUNDING MEMBERS

may add any general member onto the management team and/or the Board of Directors at their

discretion. It is intended that the membership will be given opportunities to have input into the

functioning of the Collective, however, for the moment, it is imperative that the small number of

FOUNDING MEMBERS and the hired management company be authorized to make all

decisions for the Collective in order to maximize the likelihood that the Collective will

accomplish its goals in providing members with the highest quality medicinal cannabis and

medicinal cannabis products that are possible and facilitate the exchange of resources between

members. I understand that the Collective is a non-profit collective that is comprised entirely of legally

1 Mateel Medicinals, LLC is an entity member of the Collective that is specifically authorized to conduct all day to day operations of the Collective and all references to permission for the Collective to act on behalf of its members specifically includes permission for Mateel Medicinals, LLC to act on behalf of the member in their capacity as manager for the Collective.

Page 2: CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT … · CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT I, ... expressly waive any claim of liability, ... THE UNDERSIGNED HEREBY

qualified medical cannabis patients and caregivers who have chosen to collectively and

cooperatively associate with each other to more effectively provide for the cannabis health care

needs of qualified members by actively growing, processing, producing, transporting, and

facilitating the distribution of medical cannabis and medical cannabis products among its

members which include affiliated associate members. I hereby acknowledge that the Collective operates in a not-for-profit manner. In accordance with

applicable state and local laws, compensation is only received for the reasonable costs of

providing cannabis, including out of pocket costs for cultivation, processing, product

development, testing, packaging, transportation and overhead for the management and

facilitation services provided by or contracted for the Collective. As such, I understand that the

amount of money and/or services I might be required to provide in exchange for my medical

cannabis may fluctuate since it is based upon the overall costs of the Collective to safely provide

its Members with quality cannabis in accordance with all California laws. I authorize the

Collective to store and use my records (my valid medical recommendation as well as transaction

history and information) and agree to cooperate with the Collective in the event that the

Collective is audited or otherwise needs to demonstrate that it is complying with California law. I

also specifically authorize a representative of the Collective, including affiliate collective

associations, to confirm my recommendation or approval for my medical use of cannabis and to

maintain a record of my recommendation. This specific authorization shall constitute my written

release per the Health Insurance Portability and Accountability Act (HIPAA). I acknowledge that

the Collective will attempt to keep my personal healthcare records confidential, but may be

required by law, court order, or otherwise to reveal any or all such information to third parties,

including local, state or federal authorities. I understand that the Collective requires that I provide a current and valid email address for

purposes of the Collective providing communication regarding meetings, requirements and other

information to members and I agree to the terms of the Consent to Electronic Transmission

document which I have already or will sign. In order to become a member of the Collective, I must provide to the Collective a record of the

following: My Valid California Identification Card or Driver’s License; AND Either one of the following items of proof of qualified patient status: A State of California Medical Marijuana Program Identification Card or; A Valid Verifiable California Physician’s Recommendation for the use of Medical Cannabis. I also agree to abide by the Collective’s Rules at all times: I will not use the Collective’s cannabis for other than medical purposes; I will not sell, furnish, or in any way distribute cannabis to non-members; I will keep my Recommendation up to date and ensure that the Collective has been given a

copy of my current valid Recommendation; If my Recommendation expires or is revoked or rescinded for any reason I will

immediately notify the Collective and will not under any circumstances attempt to obtain

cannabis from the Collective without providing the Collective with a valid and authentic

Physician’s Recommendation; I will not leave my medical cannabis or medical cannabis products unattended in any place

Page 3: CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT … · CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT I, ... expressly waive any claim of liability, ... THE UNDERSIGNED HEREBY

where a minor or other individuals that are not legal medical marijuana patients may have access

to it; I will consult my physician regarding dosing and quantities needed to treat my medical condition

particularly as it pertains to different types of cannabis, cannabis products and forms of

ingestion; I understand that while the Collective will do its best to help facilitate the beneficial exchange of

cannabis and cannabis products between me and the rest of the Collective’s members, that I have

no absolute right to such exchange and that the ability of the Collective to facilitate such

exchanges is dependent upon a wide variety of factors including, supply, demand, quality,

logistical feasibility and ability to adhere to current laws and regulations; I understand that the Collective intends to operate in full compliance with all applicable laws and

I agree to not take any actions or otherwise jeopardize the ability of the Collective to operate. Cancellation and/or Removal: Members have the right to cancel their membership and be removed from the Collective at any

time and for any reason. The Collective has the right to remove members and cancel their

membership at anytime for any reason. Membership cancellation shall be effective immediately

upon notice by the Member or the Collective. Notice may be done by phone or in person or

through written communication. By signing this Application and Agreement, I acknowledge that I have read this entire

Membership Application Agreement, and I agree to abide by the Rules stated herein. I

understand that my membership may be terminated at any time by the Collective Management if

it is determined that I have violated any of the rules or other conditions of this Membership

Application Agreement, if I am no longer a qualified patient or caregiver under California law,

or if my behavior is inconsistent with the interests of the patients that comprise the Collective. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge: Date: ____________ Signed: ________________________________________________________________

*****MUST ALSO READ AND SIGN RELEASE*****

Release of Liability

I understand that I use cannabis and cannabis products at my own risk and that the Collective, its

members, staff, officers, directors, employees, contractors, and affiliates shall not be liable, and I

expressly waive any claim of liability, for personal or bodily injury or damages that might occur

to me for any or all loss or injury to my person or property stemming from my membership

activity and/or use of cannabis whether provided by or produced by the Collective or not. This

waiver is intended to be a complete release of any responsibility for personal injuries and/or

property loss/damage sustained by any member that arise from membership activities, arise from

use of the Collective’s services or facilities, arise from possession or use of products (including

cannabis) obtained as a member, or occurs while on the Collective’s premises, whether using

Page 4: CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT … · CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT I, ... expressly waive any claim of liability, ... THE UNDERSIGNED HEREBY

services or products or not.

IN CONSIDERATION OF ACCEPTANCE AS A MEMBER AND/OR IN ANY MEMBER

ACTIVITY, AND/OR USE OF ANY CBD NOW! FACILITIES, AND/OR USE OR

POSSESSION OF ANY PRODUCT RECEIVED AS A MEMBER (INCLUDING

CANNABIS), IN CONNECTION WITH THIS MEMBERSHIP OR MEMBERSHIP

ACTIVITY OR USE OR POSSESSION, THE UNDERSIGNED AGREES TO THE

FOLLOWING:

1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND

COVENANTS NOT TO SUE CBD NOW! COLLECTIVE, ITS EMPLOYEES,

OFFICERS AND AGENTS (hereinafter referred to as ‘Releasees’) from all liability to the

undersigned, his or her personal representatives, assigns, heirs and next of kin for any loss,

damage, or claim therefore on account of injury to the person or property of the undersigned,

whether caused by any negligent act or omission of the Releasees or otherwise while the

undersigned is participating as a member and/or membership activity and/or using any CBD

NOW! Collective facilities in connection with the activity and/or using or possessing any

product received as a member of CBD NOW! Collective (including cannabis).

2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS

the Releasees from all liability, claims, demands, causes of action, charges, expenses, and

attorney fees resulting from involvement in this membership or membership activity or by use or

possession of any product received as a member of CBD NOW! Collective (including cannabis)

whether caused by any negligent act or omission of the Releasees or otherwise.

3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND

RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while upon CBD NOW!

Collective property or participating in membership activity or by use or possession of any

product received as a member of CBD NOW! Collective (including cannabis) whether caused by

any negligent act or omission of Releasees or otherwise. The undersigned expressly agrees that

the foregoing release and waiver, indemnity agreement and assumption of risk are intended to be

as broad and inclusive as permitted by California law.

4 . The undersigned acknowledges that the undersigned is not relying upon any representation by

CBD NOW! Collective or any agent of CBD NOW! Collective as to suitability of the

undersigned to engage in membership activities and/or the suitability or condition of any

products received used, or possessed (including cannabis) by the undersigned. The undersigned

expressly agrees that the undersigned is relying exclusively upon the undersigned’s own

judgment and opinions and/or those of the undersigned’s health care providers or other

professionals as to the suitability of the undersigned to engage in membership activities and/or

the use or possession of products (including cannabis) suitability and/or condition of any

products (including cannabis) received used, or possessed by the undersigned. The undersigned

is strongly advised to consult with healthcare providers and professionals with appropriate

qualifications as to the suitability of the undersigned to engage in membership activities or the

suitability or condition of any products (including cannabis) received used, or possessed by the

undersigned.

Page 5: CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT … · CBD NOW! COLLECTIVE PATIENT MEMBERSHIP AGREEMENT I, ... expressly waive any claim of liability, ... THE UNDERSIGNED HEREBY

The undersigned acknowledges that the undersigned has read the foregoing and that the

undersigned is aware of the legal consequences of this agreement, including that it prevents

members including the undersigned from suing CBD NOW! Collective or its employees, agents

or officers if the undersigned is injured or damaged for any reason as a result of participation as a

member and/or in any membership activity and/or a result of use or possession of products

(including cannabis) received as a member.

__________________________________________________ Member Name (please print)

__________________________________________________ Member Signature

CBD NOW! Member ID# _____________________________

I may be contacted by either: email: ________________________________________________

or Postal Mailing Address: ______________________________________________________

City: _____________________________ Zip: ______________

---------------------------PLEASE DO NOT WRITE BELOW THIS LINE--------------------------

CBD NOW! Representative Acceptance:

DATE:____________

____ Copy of recommendation EXPIRATION DATE: ____________________________

Type: ______ MPP Card ______ Dr. recommendation

____ Verification of validity:

Name of person who conducted verification: __________________________

Date verified: ___________________________________________________

Person/Dr who provided verification: ________________________________

Check on physician’s CA license: ___________________________________

____ COPY OF PHOTO ID