DOC GREEN'S HEALING COLLECTIVE
MEMBERSHIP TERMS AND CONDITIONS
Please read and review the following terms and conditions of this
agreement for membership in Doc Green’s Healing Collective.
Welcome to Doc Green's Healing Collective
("DGHC"). DGHC is a California Non-profit Association that forms a collective of member/patients who
are California residents that have been given a recommendation to use medicinal
cannabis by a doctor pursuant to Cal. Heath and Safety Code Sec. 11362.5 et.
seq.
DGHC's mission is to create, and provide high quality
medicinal cannabis products to its members, and to recruit and educate new members about the healing and non-toxic pain relief that topical cannabis provides.
By joining DGHC, you, the "Member" states and affirms
that you are a patient who has been diagnosed with a health condition for
which cannabis provides relief and who has received a recommendation or
approval from a licensed California
physician to use cannabis/ Cannabis.
The Member acknowledges that the diversion of
Cannabis for non medical purposes is a violation of state law.
If a Member or a Collective redistributes Doc Green's products to other patients that have a recommendation to use cannabis, Member or collective agrees that they will be responsible for any federal, state or local sales tax associated with such transactions. Members and Collectives that redistribute Doc Green's products agree to furnish Doc Green's with their tax identification number and agree that any transaction for bulk amounts of Doc Green's products will be considered a wholesale transaction for tax purposes.
The Member acknowledges the responsibility to
rely upon his/her own research and consultation with Member’s physician as to
the dosage and frequency of medication. Member is responsible for adherence to
physician guidelines;
DGHC reserves the right to refuse service to
anybody at any time for any reason or no reason whatsoever. The
Collective reserves the right to suspend or terminate any Member’s membership
in the Collective’s sole discretion.
The Member authorizes his/her physician and
the Collective to exchange information to ensure compliance with this Agreement
and for purposes of verification of ongoing recommendation and maintaining
accountability.
The Member agrees that he/she will use
medical Cannabis products in a careful and proper manner and in accordance with
the instructions on packaging and Member's doctor's instructions. The member acknowledges that cannabis may impair a person's
ability to drive a vehicle or operate machinery. Member assumes full
responsibility if Member chooses to drive or operate machinery anytime after using DGHC
products.
The Members shall collectively have the
right to nominate and vote for one DGHC Board of Directors seat. The election will take place once every 3 years, with the date to announced by DGHC via email to all Members at least 60 days prior to the vote tally. Members may vote for any Member by submitting that Members name to elections@docgreens.org anytime prior to the vote tally. The Member acknowledges that Members shall have no
other voting power to elect or remove Board of Directors or any other management or
employee position at DGHC.
The Member agrees to keep Cannabis products
far away from children and to keep them, under lock and key. Any
deviation from this rule is at the sole risk and responsibility of the Member.
As a condition of joining DGHC, and/or by
utilizing such medicinal Cannabis and related products as the Member may
obtain, the Member, the Member’s heirs, and any and all agents or
representatives of the Member 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 use, storage, or handling of DGHC products, or claims with
reference to the strength, potency, purity, toxicity, appropriateness for your
condition of any Cannabis and related products you may obtain from DGHC;
further, that you knowingly waive the provisions of 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 or her
favor at the time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor."
The Member hereby authorizes DGHC to
cultivate, obtain, transport and possess an amount of cannabis and cannabis products reasonably sufficient to produce cannabis medication for Member’s
use. All plants cultivated on behalf of a Member will at all times remain in
the sole custody and control of the DGHC. Upon the termination of
membership, the Member agrees that the DGHC shall retain custody and
control of the plants grown on behalf of the Member and to assign such plants
to new members of the DGHC.
The Member acknowledges that in order to defray DGHC’s
expenses in facilitating the safe and legal access to medical Cannabis products, DGHC
members are required to pay the prices set by the DGHC for delivery and
provision of medical Cannabis products. The Member understands that
contributions to DGHC are used to ensure continued operation and that this
transaction in no way constitutes commercial promotion. The monies
Member pays to DGHC are to help DGHC to continue to
operate, to maintain employees, acquire new members, and maintain locations and
other associated costs and expenses of providing its members with medicinal
Cannabis products for their medical needs.
The DGHC reserves the right to limit
sales or distribution of Cannabis products based on DGHC supply constraints.
DGHC may deliver medical Cannabis
products at the Member’s own risk to the address designated by the
Member. DGHC will use reasonable efforts to deliver medical
Cannabis by the requested delivery time but it shall not incur any liability to
the Member in the event of any delay caused by force majeure or other
circumstances beyond its control.
DGHC MAKES NO WARRANTIES,
GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER,
INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, RELIABILITY, CONDITION OR
FITNESS FOR A PARTICULAR PURPOSE OF MEDICAL CANNABIS PRODUCTS FURNISHED UNDER THIS AGREEMENT.
DGHC WILL IN NO EVENT BE
RESPONSIBLE NOR SHALL THE MEMBER MAKE ANY CLAIM AGAINST DGHC FOR ANY
LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST
PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY DGHC PRODUCTS OR
THE FAILURE OF DGHC PRODUCTS.
The Member shall be solely responsible for
and shall indemnify and hold harmless DGHC against all claims, demands and
liability arising as a result of the possession, use, or misuse of medical
Cannabis or any other product provided.
The Member shall be liable to DGHC
for all expenses, including reasonable attorneys’ fees, collection fees and
court costs incurred in connection with any action brought to enforce DGHC’s rights under this Agreement. This Agreement cannot be assigned or
transferred by the Member, nor can this Agreement be modified (or any provision
waived or modified) except by written instrument signed by an authorized agent of DGHC. This Agreement constitutes the entire agreement between DGHC and the Member; there are no other representations, conditions,
warranties, guarantees, or collateral.
This agreement can be altered from time to
time. Current versions of the Membership Agreement shall be maintained at
docgreens.org. Members not objecting to any changes in the agreement within 30
days of the posting of a revised Agreement are deemed to have accepted the
changes in the Agreement.
By submitting my Membership application, I shall indicate that I have read, understand, and agree to
the above terms and conditions of my Membership to DGHC.