CanEX MEMBERSHIP AREEMENTCanEX MEMBERSHIP AGREEMENT
I agree to all of the following terms and conditions of the Membership (as defined in Section 1 below) of Gilbert Street Unit 2 LLC d/b/a CanEX, a California limited liability company (“CanEX”). I understand that this Agreement is required to join the Membership of CanEX and I promise to abide by its terms and conditions at all times during my tenure as a member of such Membership (a “Member”). In consideration of the processing of my application, and of the rights, privileges and benefits of Membership, and for other good and valuable consideration the receipt of which is hereby acknowledged, I enter into this Agreement as of the date of my submission of this Agreement.
By electronically signing and dating this CanEX Membership Agreement in the space below, I hereby certify that I have read, understand, and agree with each statement herein, and that I agree to abide by the terms of this Agreement and all Membership policies and procedures of CanEX. Terms, Conditions & Representations I understand that the Membership in CanEX consists of qualified medical cannabis patients (and possibly other collectives of individuals organized through legal entities), who have voluntarily joined together to share resources in connection with the cultivation, transportation and/or distribution of medical cannabis for each other’s respective medical condition(s). I understand, acknowledge and agree that becoming a “Member” does not in any way confer upon me (i) any status as a bona fide member of CanEX under the Revised Uniform Limited Liability Company Act (the “Act”), (ii) any other ownership interest or voting rights in CanEX as contemplated by the Act, and/or (iii) any right, title or interest in or to any of CanEX’s assets, including, without limitation any permits and licenses. Instead, I understand and agree that such Membership status is a term used by CanEX to express to the Members that they have qualified to associate collectively with other Members of CanEX and to obtain and purchase medical marijuana from CanEX (the “Membership”). To the extent California law provides me with any other rights, title, and/or interest in and/or to CanEX and/or its assets, I hereby irrevocably assign any and all such rights, title and/or interests to CanEX and its Managers.
I represent and warrant that all information, representations, records and other documents I provide to CanEX, and those provided on my behalf, to become a Member, and as may be submitted in the future to maintain my Membership and to receive medical marijuana in compliance with California laws and regulations, are to the best of my knowledge and belief true, correct, complete and without any material omission.
I am a California resident, over 18 years of age, a qualified patient under California Law, and my doctor has recommended medical marijuana as an appropriate treatment for my qualifying medical condition.
I agree to promptly contact CanEX if there are any changes to my contact information, primary caregiver (if applicable), or the status of my medical cannabis recommendation.
I agree to comply with (1) this Agreement, (2) any rules, regulations, policies, and procedures adopted by CanEX, (3) any lawful directions, instructions and requests from CanEX in connection with the delivery of medical marijuana to me for my personal medical use, and (4) any applicable state and local laws relating to medical marijuana, as the same may be amended from time to time. I agree to not take any actions which may cause violations of such laws or otherwise jeopardize the ability of CanEX to operate.
I understand that CanEX has other Members who have joined and agreed to the CanEX Membership Agreement. I hereby authorize CanEX to possess medical marijuana jointly with other Members of CanEX.
I agree to only use the medical marijuana obtained from CanEX for my personal, legitimate, medical needs. I will not take my medical marijuana obtained from CanEX 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.
If requested by CanEX, I agree to produce for inspection, copying and photographing my original, or true and correct copy, of my written doctor’s recommendation or a valid medical marijuana identification card (MMIC) to CanEX or any of its authorized employees or agents.
I agree that any violation of the terms of this Agreement or any other rules, regulations and procedures established by CanEX are grounds for immediate termination of Membership, and that CanEX reserves the right to refuse to provide medical marijuana on any given day to any Member for any reason or no reason whatsoever.
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 CanEX.
I understand that marijuana may impair a person’s ability to drive or operate machinery. I agree not do drive while under the influence of marijuana, or to use marijuana in any vehicle even if I am a passenger.
I agree not to loiter or use marijuana on or within 1000 feet of a school, playground, park, youth facility, child care facility, church or library (except that I may use marijuana for medical purposes within my own residence). I will not smoke marijuana at any location or under circumstances where smoking is prohibited by state law.
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 CanEX.
I, my heirs and those with me expressly and forever release CanEX, its officers, directors, members, operators, managers, employees, agents, 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 my condition of any marijuana and related products I may obtain from CanEX, or any other thing, matter, occurrence, damage, or injury. 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 known by him must have materially affected his settlement with the debtor.”
I understand, acknowledge and agree that CanEX can terminate my Membership at any time for any reason or no reason, with or without notice.
I understand, acknowledge and agree that CanEX, in its sole and absolute discretion, can convert at any time from a not-for-profit entity to a for-profit entity. Indeed, I understand and acknowledge that CanEX plans to make such conversion at such time when it is legal under applicable California State laws and regulations for a for-profit entity to dispense medical marijuana and/or sell adult-use marijuana, which is anticipated to take place on or about January 1, 2018.
I understand and acknowledge that Federal drug laws do not recognize an exception for the medical use of marijuana, even when recommended by a licensed physician. I hereby agree to accept the risk that compliance with state and local laws, and with this Agreement, may not protect me from possible federal prosecution.
I understand, acknowledge and agree that it is my responsibility to keep all marijuana that I purchase and obtain far away from children. I acknowledge and agree that CanEX has instructed me to use common sense, including by keeping my marijuana under lock and key so nobody, especially children, can gain access to it, and that any deviation from this rule is done at my sole risk and responsibility.
I understand that in 2009, the California office of environmental health hazard assessment added marijuana to its list of chemicals known to cause cancer. I hereby acknowledge receipt of this notice from CanEX.
I agree that this Agreement is governed by California law and that any dispute or proceeding between me and CanEX shall take place in state court in San Francisco County, CA. I hereby consent to the exclusive jurisdiction of such courts in San Francisco County.
CanEX recommends consulting with an independent attorney before electronically signing this Agreement. I hereby acknowledge and agree that I have either consulted with an independent attorney and/or have had the opportunity to consult with an independent attorney prior to signing.
I agree that if any provision in this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way and such invalid provision will be replaced with a valid provision that most closely resembles the intent and effect of the invalid provision.
I hereby affirm that I read, understand and agree to the terms and conditions of this agreement
I hereby authorize the use and disclosure of the medical information contained in the medical recommendation of my physician for medical marijuana, for the purposes of confirming that (1) I am a qualified patient under Health and Safety Code 11362.5 and 11362.7 et seq., (2) the recommendation is a true and correct copy of the record contained in my medical records maintained by the physician’s office, and (3) I am a Member (as that term is defined in the CanEX Membership Agreement) of Gilbert Street Unit 2 LLC d/b/a CanEX, and have authorized CanEX to cultivate, process, transport, and store medical marijuana on my behalf, and to distribute medical marijuana to me and other qualified patients and caregivers who join the Membership. This authorization shall apply to the following:
I understand that by signing this authorization:I authorize the use and disclosure of my individually identifiable personal information as described above for the purposes listed. I have the right to withdraw permission for the release of my information. If I sign this authorization to use and disclose information, I can revoke that authorization at any time except if you have already acted because of my permission. The revocation must be made in writing and will not affect information that has already been used or disclosed. I have the right to inspect and receive a copy of this authorization. I am signing this authorization voluntarily. I have had an opportunity to review this form, and confirm that it accurately reflects my wishes.I further understand that a person to whom records and information are disclosed pursuant to this authorization may not further use or disclose the information without my permission.CanEX’s policy on privacy is to not disclose the name or identity of any patient other than in the course of confirmation of the recommendation from my physician regarding the medical use of marijuana and as may be necessary to establish that the cultivation, processing, transportation, storage and dispensing of medical marijuana to me is authorized under California medical marijuana laws. This authorization shall terminate on the expiration of my medical recommendation unless terminated sooner in writing by me.