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PURPLE LOTUS PATIENT CENTER – TERMS OF SERVICE

 

Rules & Regulations 

All Purple Lotus Patient Center (Purple Lotus) patients and customers agree to comply with the following rules and regulations as required by the City of San Jose, the State of California, and Purple Lotus itself. 

Purple Lotus operates in strict compliance with City of San Jose Municipal Code Title 6.88 and Title 20 et al., City Manager Regulations, and the State of California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), Health and Safety Code section 11362.5 (the Compassionate Use Act) and Senate Bill 420 (the Medical Marijuana Program Act). You must be at least twenty-one (21) years old and have a government issued photo identification to obtain access to dispensary services. Medicinal patients must also possess a doctor’s recommendation. 

Purple Lotus reserves the right to refuse service to anyone for any violation of the Rules & Regulations and Purple Lotus’ policies. Purple Lotus patients and customers must abide by the following guidelines: 

 

Registration and Transfers

  • Prior to registering, all customers and patients must participate in a brief orientation.
  • Attempts to circumvent the age-verification, customer registration, validation process, or other processes or local code and regulations, State law, or Purple Lotus rules are prohibited. 
  • Customers shall not distribute cannabis to illicit markets or in violation of California law. 
  • Patients and customers may make multiple visits per day, however there are limits to the amount of cannabis patients and customers may purchase in one day. 
  • Adult-use customers may purchase up to 28.35 grams of flower and eight (8) grams of concentrated cannabis per day. 
  • Medicinal patients may purchase up to eight (8) ounces of flower per day. 
  • Absolutely no consumption or ingestion of cannabis is allowed on the premises.

     

Premises and Facilities

  • The public, including all customers, are not allowed on premises during non-business hours. 
  • All cultivation and storage areas are closed to the public.
  • Persons under twenty-one (21) years old are not allowed on the premises. 
  • There will be no sales to persons under twenty-one (21) years old. 
  • No children may be left unattended in parking areas or anywhere near the premises. 
  • All forms of criminal conduct are prohibited at Purple Lotus.
  • No alcohol is to be sold, dispensed, or consumed on the premises or in the parking lot.
  • No consumption of cannabis on premises, in the parking area or within 300 feet of premises and/or on public right of way.
  • No audio, video, or photographic recording is permitted to protect privacy and confidentiality
  • The following items are also prohibited on the premises:
    • Controlled substance other than cannabis
    • Alcoholic beverages; and
    • Firearms
  • All customers and staff are to treat each other with respect and courtesy always. Threatening, abusive, or disrespectful behavior is strictly prohibited. 
  • Patients and customers consent to the copying and inspection of his or her records by the City of San Jose and any other authorized law enforcement agency conducting regulatory inspections.

VMK, Inc. d/b/a Purple Lotus Patient Center 

Customer and Patient Liability Release

By using VMK, Inc. d/b/a Purple Lotus Patient Center’s facilities and website for purchasing cannabis, Customer understands and agree to the following: 

Customer must qualify to purchase cannabis. Minimum qualification requires that: a) That at all times Customer is an adult 21 years of age or older; b) Customer abides by the Rules and Regulations of VMK, Inc. dba Purple Lotus Patient Center (“PLPC”), the laws of the State of California, and the City of San Jose as it pertains to cannabis purchases, possession, and use; c) Customer timely pay all sums due to us. 

Access to PLPC’s premises, product and services is expressly conditioned on Customer providing truthful information in this release and advertising disclosure. Customer agrees to immediately report to PLPC any circumstances affecting Customer’s qualification to access the premises, product, and services of PLPC. Customer expressly and unequivocally agrees to accept notices and advertisements by electronic transmission. The email address provided on Customer’s application is the address on record until changed in writing. 

ASSUMPTION OF RISK

Customer acknowledges and understands that Customer is using the services of, products purchased, used, possessed from, and facilities of PLPC at Customer’s own risk. PLPC and the members, officers, employees, agents, volunteers, contractors, consultants, and affiliates of PLPC shall under no circumstances be liable to Customer, and Customer, to the fullest extent permitted by law, expressly waives any claim of liability or damages of any kind or character in any way related to  PLPC. This waiver is intended to be a complete release of PLPC for any responsibility for any and all damages to Customer, including, without limitation, personal injuries and/or property loss/damage, that Customer sustain arising from use of PLPC’s services or facilities, and/or arise from possession or use of products (including cannabis) obtained from PLPC, and/or occur while on PLPC’s premises(es), whether Customer actually uses PLPC’s services, facilities, or products. 

IN CONSIDERATION OF BEING PERMITTED TO USE OF ANY OF PLPC’S FACILITIES, AND/OR USE OR PURCHASE AND POSSESSION OF ANY PRODUCT RECEIVED (INCLUDING CANNABIS) FROM PLPC, CUSTOMER AGREES AS FOLLOWS: 

  1. CUSTOMER HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Purple Lotus Patient Center, ITS EMPLOYEES, OFFICERS, CONSULTANTS, VOLUNTEERS AND AGENTS (hereinafter “Releasees”) from any and all liability to Customer, Customer’s personal representatives, assigns, heirs and next of kin for any loss, damage, of any kind or character, including, without limitation, injuries to person or property, in any way related to the use or possession of any product received from PLPC (including cannabis), whether caused by any negligent act or omission of the Releasees.
  2. CUSTOMER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees from all liability, claims, demands, causes of action, charges, expenses, and attorney fees of any kind or character in any way arising from or relating to Customer’s use or possession of any product received from PLPC (including cannabis) whether caused by any negligent act or omission of the Releasees. 
  3. CUSTOMER HEREBY ASSUMES FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while on PLPC property, and/or arising from or relating to the use or possession of any product received from PLPC (including cannabis) whether caused by any negligent act or omission of Releasees. Customer 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. Customer acknowledges that Customer is not relying upon any representation by PLPC or any agent of Purple Lotus Patient Center as to Customer’s suitability to consume and/or use any products received from PLPC. Customer expressly agrees that Customer is relying exclusively upon Customer’s own judgment and opinions and/or those of Customer’s health care providers, to the extent applicable, or other professionals as to Customer’ suitability to the use or possession of products (including cannabis) and/or condition of any products (including cannabis) received, used, or possessed by Customer from PLPC. Customer is strongly advised to consult with other health care providers and/or professionals with appropriate qualifications as to Customer’s suitability to use and/or consume any products (including cannabis) received from PLPC.

WARNING: This product can expose Customer to chemicals including marijuana smoke and Δ9-Tetrahydrocannabinol (Δ9-THC), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

CUSTOMER HAS READ THE FOREGOING AND EXPRESSLY ACCEPTS THE TERMS OF THIS AGREEMENT

VMK, INC. D/B/A PURPLE LOTUS PATIENT CENTER – 

CUSTOMER AND PATIENT ADVERTISING DISCLOSURE

By disclosing Customer’s contact information to PLPC, including, but not limited to phone number or email address, Customer expressly consents to receive text messages or phone calls to Customer’s mobile phone, or other phone number provided, sent by PLPC through an automatic or autodialed telemarketing, advertising, or telephone dialing system. Customer also expressly consents to receiving marketing emails from Purple Lotus. 

PLEASE NOTE: CUSTOMER IS NOT REQUIRED TO ENTER INTO THIS AGREEMENT AS A CONDITION TO PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM PLPC. DISCLOSING CUSTOMER’S CONTACT INFORMATION TO PURPLE LOTUS IS NOT A CONDITION FOR ANY PURCHASE. 

CUSTOMER HAS READ THE FOREGOING AND EXPRESSLY ACCEPTS AND CONSENTS TO THE TERMS