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  • HIGHER PATH PATIENTS ASSOCIATION A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION

    MEMBERSHIP AGREEMENT

    THIS MEMBERSHIP AGREEMENT (the “Agreement”) is by and between the undersigned (the “Member”) and the Higher Path Patients Association, a California non-profit mutual benefit corporation (the “Company”).
    I. PREAMBLE
    The Company operates in strict compliance with the California Medical and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"). For medical cannabis patients, a parent or court appointed legal guardian must act as caregivers to obtain service on behalf of legally qualified patients who are younger than 18. We serve only legally qualified patients and caregivers and adults 21 and over. You must become a registered Member to obtain services. Any person who is not a registered adult member 21 years or older or a qualified patient or caregiver may not enter the premises.

    The Company is a California nonprofit mutual benefit corporation originally organized under Prop 215 (now governed by MAUCRSA) by qualified medical cannabis patients and their primary caregivers for the purpose of operating and maintaining the acquisition and/or distribution of cannabis to qualified patients for medical purposes.

    It is the intent of this Membership Agreement that the undersigned applicant for Membership in the Company be a qualified patient or primary caregiver or an adult 21 years or older, and that after such applicant has been accepted for Membership, the Member shall be bound by and strictly adhere to the terms and conditions set forth herein.

    No applicant for membership shall be granted membership status and rights and allowed to enter the retail area until and unless such applicant executes this membership agreement and provides a valid government issued ID.
    I. THE COMPANY PURPOSE
    The purpose of the Company is to:
    a. To cooperatively cultivate, acquire, possess and distribute medical cannabis by and between the Members of the Company;
    b. To provide Members who are adults 21 and over, access to safe adult use cannabis;
    c. To provide for the safe and affordable distribution of medical and adult use cannabis to the Members;
    d. To establish Company cultivation projects and to distribute the product of such projects;
    e. To facilitate natural herbal remedies for chronically ill Californians with HIV, AIDS, chronic pain, chronic
    spasticity, glaucoma, arthritis, cancer, migraine, wasting syndrome, and/or such other conditions for which licensed medical physicians may recommend various remedies;
    f. To collect, compile and conduct new research and a continuous record and history of herbal and alternative remedies and to make such records available for research, study and interpretative use;
    g. To facilitate the allocation of the costs and benefits of this effort, including the allocation of reasonable compensation for services rendered amongst those associated with the corporation as authorized under California’s Medicinal and Adult Use Cannabis Regulatory and Safety Act, and
    h. To promote public awareness of the issues relating to medical cannabis and to effect and influence legislative and regulatory agencies to promote laws, rules, regulations and policies beneficial to the Company and its Members.
    II. DUTIES AND OBLIGATIONS OF MEMBERSHIP
    A Member who is a qualified medical cannabis patient shall carry on his/her person an original written recommendation by a licensed physician and shall produce such original written recommendation upon request by the Company. Such recommendation will be verified by Company Management prior to the Member being granted membership rights. Such written recommendation shall be valid for a term of no more than twelve (12) months and upon expiration without renewal, membership rights will automatically terminate.

    Parents or court appointed legal guardians must act as caregivers to obtain service on behalf of legally qualified patients who are younger than 18-years old. For medical patient members, and the parents or court appointed legal guardian acting as a caregiver, you are required to show California state-issued identification. If you have an out of state identification you must present it with proof of residency and have the membership validated by the Company personnel prior to accessing dispensary services.

    For adult use members, you are required to show a government issued ID that certifies that you are 21 years or older. No person under 21 will be allowed as adult use members. As an adult use member, you acknowledge that the State of California limits the amount of cannabis I may purchase from the Company. All proof of identification shall be maintained by the Company as part of its membership records. Such records shall not be disclosed or released to third parties by the Company Management unless expressly authorized in writing by the member or by order of a court of competent jurisdiction or as required by the laws of the State of California.

    Absolutely no pictures or recording of any kind is allowed anywhere on the Company premises.
    No alcohol, illegal drugs, or weapons are allowed in or around the Company premises.

    Each Member agrees that he/she will at all times abide by the terms and conditions of this membership agreement and that any breach of this agreement may result in the immediate termination of membership rights. Such termination determination shall be made by the Company Management at their sole discretion.

    Each Member agrees that they shall not distribution and/or resale of any cannabis product acquired from the Company to any person. Any such action shall result in immediate termination of Membership rights.

    As a Member, we ask you to be especially mindful of our neighbors. We want to establish a positive relationship with our neighbors, and the Los Angeles police department. Please be respectful of our neighbors' rights, privacy, and property. There is absolutely no loitering on the property.

    Each Member is advised to research the impacts of cannabis used for recreational purposes and as medicine, and to consult with his/her doctor as to dosage and frequency of medication. Members are responsible for following these guidelines. You are responsible to use and not to abuse medicine. If the Company Management has any indication any Member is abusing their medicine the Company Management will refuse service and will terminate that Member’s membership.

    Each Member understands that loitering on or around the Company’s location is prohibited by Cal. Penal Code section 647(e). Accordingly, each Member, as a condition of membership, agrees to leave their friends, even fellow patients, at home, and will not under any circumstance be on the premises of the Company with friends waiting in a car.

    Any Member of law enforcement who is a bona fide patient must, disclose the fact that he/she is a member of law enforcement prior to being granted membership rights. Otherwise, by executing this agreement and as a condition of membership, you promise, state and affirm, under penalty of perjury under the laws of the State of California, that you are not a Member of, affiliated with, nor employed by any law enforcement department, entity, or agency.

    Company Management reserves the right to refuse service to any person at any time for any reason.
    III. DUTIES AND OBLIGATIONS OF THE COMPANY MANAGEMENT
    The Directors and Officers of the Company are elected pursuant to the Bylaws of the Company, who has in turn retained a management company to operate the Company’s cannabis retail activities.

    It shall be the duty and obligation of the Company to operate in good faith the affairs, financial, charitable or otherwise, of the Company and to keep and maintain in accordance with generally accepted accounting principles, adequate and correct accounts of the properties and transactions of the Company, including accounts of its assets, liabilities, receipts and disbursements.

    Furthermore, it shall be the duty and obligation of the Company Management to enforce, abide by and to defend the terms and conditions of this Membership agreement and the Bylaws of the Company.

    The Members agree that the Company shall defend and hold harmless the Company’s Directors, Officers, Company’s consultants and its employees from any and all civil or criminal liability resulting from any action taken on behalf of or for the benefit of the Company or for the results or consequences of any conduct undertaken during the course and scope of services rendered to the Company, to the greatest extent possible under the law, excepting intentional tortuous conduct resulting in harm to third persons or employees of the Company.
    IV. MEMBER’S RELEASE, WAIVER OF LIABILITIES AND RIGHTS
    a. No Warranties A condition of membership and the ability to purchase cannabis, and cannabis related products (e.g., vape pens, batteries, collectively “Products”) from the Company is that you acknowledge you have read, understand and agree with the following:

    THE COMPANY STATES THAT ALL PRODUCTS PURCHASED BY THE MEMBER AT ANY TIME FROM THE COMPANY IS “AS IS” AND “IS ON AN AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF ITS PRODUCTS PURCHASED THROUGH THE COMPANY WILL MEET YOUR REQUIREMENTS, OR THAT YOU WILL DERIVE ANY MEDICINAL OR OTHER BENEFITS FROM THE USE OF ANY SUCH PRODUCTS.

    ANY WARRANTY ON ANY PRODUCT SOLD BY THE COMPANY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY PRODUCT. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE FROM THE COMPANY DUE TO THE COMPANY’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.

    BY SIGNING THIS AGREEMENT, YOU AND YOUR HEIRS ARE AGREEING TO EXPRESSLY AND FOREVER DISCLAIM THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PARTICULAR AGAINST THE COMPANY FOR ALL PRODUCTS PURCHASED BY YOU FROM THE COMPANY AT ANY TIME DURING YOUR MEMBERSHIP.

    b. As a condition of membership, and by that you may purchase from the Company and as evidenced by your signature below, you and your heirs expressly and forever waive any and all claims now known, occurring or discovered at any time in the future due to, related to or arising from your use, storage or handling of all Products you purchase from the Company.

    This is a full and final release applying to all known and/or unknown and anticipated injuries or damages, including any and all claims now existing or which may arise in the future, as well as those not known or disclosed, arising out of your purchase and use of Products sold by the Company. The Member understands that this release is intended to waive any and all claims that the Member may have against the Company, its Officers, Directors, agents and employees including any which are presently known, unsuspected, unanticipated or undisclosed.

    THE MEMBER IS EXPRESSLY WAIVING THE PROVISIONS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES:

    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY 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, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

    c. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON.
    V. ACKNOWLEDGEMENT OF NOTICE PROPOSITION 65 WARNING.
    By your signature to this Agreement and initials below, you are warranting that the Company has provided you with the notice of warning required under Proposition 65 regarding exposure to marijuana smoke and the chemical Delta THC which is contained in cannabis products, which are known respectively to cause cancer and reproductive harm.

    WARNING: This product contains cannabis and can expose you to cannabis smoke Warranties A, which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

    WARNING: This product contains cannabis, which can expose you to Delta THC, which is known to the State of California to cause reproductive harm. For more information, go to www.P65Warnings.ca.gov .
    VI. ACKNOWLEDGEMENT OF VIDEO AND AUDIO RECORDING.
    This facility is under 24 HOUR VIDEO and AUDIO SURVEILLANCE. All persons and transactions are video and audio recorded. Further, all recordings are subject to inspection by California and local law enforcement and state and local cannabis regulatory agencies.

    As such, by entering this facility, you acknowledge that you have no reasonable expectation of privacy.

    MEMBERSHIP APPLICATION

    I have read and agree to the above rules and conditions of Membership and hereby apply for Membership.

    If I am a medical patient, I certify under penalty of perjury under the laws of the State of California, that I am a resident of the State of California and have been diagnosed with a serious illness for which cannabis provides relief and that I have received a recommendation or an approval from my licensed California physician to use cannabis medicinally. If I am a medical patient, I authorize the Company to contact my physician and I authorize my physician to verify my recommendation to the Company.

    I understand that so long as I comply with the above rules and conditions of Membership, my Membership shall remain in effect until the expiration of my recommendation or until I revoke my Membership in writing by certified mail, return receipt requested, whichever comes first.



  • HIGHER PATH PATIENTS ASSOCIATION
    MEMBER PROXY



    Pursuant to California Corporation Code Section 5613, any Member may authorize another person or persons to act by proxy with respect to such membership. The Member is authorizing the person listed below to serve as the Member’s voting proxy. The Member understands that this proxy shall be for a term of 3 years from the date of the Member’s signature. This proxy continues in full force and effect until revoked by the person executing it prior to the vote pursuant thereto.

    Such revocation may be effected by a writing delivered to the Higher Path Patients Association at the address below, stating that the proxy is revoked or by a subsequent proxy executed by the person executing the prior proxy and presented to the meeting, or as to any meeting by attendance at such meeting and voting in person by the person executing the proxy. The dates contained on the forms of proxy presumptively determine the order of execution, regardless of the postmark dates on the envelopes in which they are mailed.

  • , being a member of the Higher Path Patients Association, a non- profit mutual benefit corporation (the “Company”) and entitled to attend and vote at the Annual General Meeting of the Members, and to vote on any action required to be taken by a vote of the Members, do hereby appoint as my proxy to act generally at the meeting on my behalf and to vote for a period of 3 years from the date of my signature below, unless revoked by me:

  • AS MY PROXY TO ACT GENERALLY AT THE MEETING ON MY BEHALF AND TO REPRESENT MY MEMBERSHIP AS TO EACH MATTER AND TO VOTE, IN ACCORDANCE WITH THE FOLLOWING INSTRUCTIONS BELOW, OR IF NO INSTRUCTIONS HAVE BEEN GIVEN, TO VOTE AS THE PROXY SEES FIT, AT THE ANNUAL GENERAL MEETING OF THE MEMBERS OF THE COMPANY AND AT ANY ADJOURNMENT OF THAT MEETING OR ANY OTHER MEETING WHEREIN A VOTE OF THE MEMBERSHIP IS REQUIRED AND TO VOTE OR OTHERWISE REPRESENT MY MEMBERSHIP AS TO EACH MATTER, IF ANY, DESCRIBED IN THE NOTICE.
  • Signature: My name as a Member on this Proxy and my transmission of the Proxy to the corporation shall constitute my signature as an authorized representative of the Member on this Proxy within the meaning of California Corporations Code.

    CONSENT TO ELECTRONIC TRANSMISSION


    As a Member of the Higher Path Patients Association (“HPPA”), you must provide written consent in order to receive official communications from, and to send official communications to, HPPA via email transmission. This is in accordance with California State law for non-profits. HPPA is a nonprofit organization incorporated in California. This consent form will allow HPPA to send you meeting notices, ballots, conduct meetings, and handle other official business that requires Member or board approval, by email. It also allows you to send the same types of information to HPPA via email. Before signing this consent form, please review and be aware of the following:

    1. You are not required to sign this form. You may request that meeting notices, ballots, and other matters of official business be sent to you via regularmail.

    2. You have the right to withdraw your written consent at any time after signing this form by providing HPPA with written notice, to the address below that you are withdrawing your consent relative to electronic transmission. No fee will be charged for withdrawing your consent.

    3. This consent to electronic transmission is broad, and may include transmission of meeting notices, ballots, and other important information regarding HPPA. It also allows HPPA to conduct meetings via email, although that will not be a frequent occurrence. This consent form represents consent under both California Corporations Code Sections 20 and 21 (transmission from and to HPPA). This consent form also meets the requirements for consent under the federal Electronic Signatures in Global and National Commerce Act(15 U.S.C. Sec. 7001(c)(1)).

    4. Consenting to electronic transmission indicates that you are capable of sending and receiving emails and agree to present your current email address to HPPA, providing updates as changes occur.

    The undersigned HPPA Member has read and understands the foregoing, and hereby provides this unrevoked written consent to receive and send information, including but not necessarily limited to meeting notices, ballots, and other information regarding HPPA, via email, until such time as this consent is revoked in writing. This consent also allows HPPA to conduct meetings via electronic transmission.


  • The Higher Path Patients Association
    Attention: Membership
    14080 Ventura Blvd
    Sherman Oaks, CA 91423
    info@thehigherpath.com

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