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