VMK, Inc. d/b/a Purple Lotus
Customer and Patient Liability Release
By using VMK, Inc. d/b/a Purple Lotus’ facilities and website for purchasing cannabis, Customer understand and agree to the following:
Customers must qualify to purchase cannabis. Minimum qualification requires that: a) Customer is an adult 21 years of age or older; b) Customer abides by the Rules and Regulations of VMK, Inc. dba Purple Lotus (“PURPLE LOTUS”), the laws of the State of California and the City of San Jose related to cannabis purchases, possession, and use; c) Customer timely pay all sums due.
Access to PURPLE LOTUS’ premises, product and services is conditioned on Customer providing truthful information in this release and advertising disclosure. Customer agrees to immediately report to PURPLE LOTUS any circumstances affecting Customer’s qualification to access the premises, product, and services of PURPLE LOTUS. 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 PURPLE LOTUS at Customer’s own risk. PURPLE LOTUS and the members, officers, employees, agents, volunteers, contractors, consultants, and affiliates of PURPLE LOTUS 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 PURPLE LOTUS. This waiver is intended to be a complete release of PURPLE LOTUS for any responsibility for any and all damages to Customer, including, without limitation, personal injuries and/or property loss/damage, that Customer sustains arising from use of PURPLE LOTUS’s services or facilities, and/or arise from possession or use of products (including cannabis) obtained from PURPLE LOTUS, and/or occur while on PURPLE LOTUS’ premises(es), whether Customer actually uses PURPLE LOTUS’ services, facilities, or products or not.
IN CONSIDERATION OF BEING PERMITTED TO USE OF ANY OF PURPLE LOTUS’ FACILITIES, AND/OR USE OR PURCHASE AND POSSESSION OF ANY PRODUCT RECEIVED (INCLUDING CANNABIS) FROM PURPLE LOTUS, CUSTOMER AGREES AS FOLLOWS:
- CUSTOMER HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Purple Lotus, ITS EMPLOYEES, OFFICERS, CONSULTANTS, VOLUNTEERS AND AGENTS (hereinafter “Releasees” or “Purple Lotus”) 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 PURPLE LOTUS (including cannabis), whether caused by any negligent act or omission of the Releases.
- CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Released from any and all liability, claims, demands, causes of action, charges, expenses, and attorney fees in any way arising from or related to Customer use or possession of any product received from PURPLE LOTUS (including cannabis) whether caused by a negligent act or omission of Releasees.
- CUSTOMER HEREBY ASSUMES FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while on PURPLE LOTUS property, and/or arising from or relating to the use or possession of any product received from PURPLE LOTUS (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 PURPLE LOTUS or any agent of PURPLE LOTUS as to Customer’s suitability to consume and/or use any products received from PURPLE LOTUS. 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 PURPLE LOTUS. 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 PURPLE LOTUS.
- CUSTOMER HEREBY AGREES any dispute with Customer or any person acting on Customer’s behalf (if applicable) which arises out of or is related to your use of the Website, this Agreement, and/or any other understanding or arrangement between Customer and any of the other Parties, including without limitation regarding any breach of this Agreement, any contacts between Customer and any of the other Parties (including, but not limited to, emails, telephone calls, and text message correspondence between us and you), or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules reasonably determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You, Customer, are expressly waiving any rights to a jury trial. The arbitration will be conducted in the State of California, County of Santa Clara by an arbitrator with applicable industry expertise, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and any other Parties, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by Customer and any decision rendered shall be deemed to be the confidential information of Purple Lotus and shall not be made public by Customer or any person acting on Customer’s behalf or for Customer’s interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either Customer may apply to any federal or state court sitting in the County of Santa Clara and State of California for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and Customer submits to the exclusive jurisdiction of such courts for such purpose. You, Customer, expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
WARNING: This product can expose customers to chemicals including marijuana smoke and ?9-Tetrahydrocannabinol (?9-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 ABOVE AND EXPRESSLY ACCEPTS THE TERMS OF THIS AGREEMENT
VMK, INC. D/B/A PURPLE LOTUS –
CUSTOMER AND PATIENT ADVERTISING DISCLOSURE
By disclosing Customer’s contact information to PURPLE LOTUS, including, but not limited to phone number or email address, Customer expressly consents to receive text messages or phone calls to Customers mobile phone, or other phone number provided, sent by PURPLE LOTUS through an automatic or autodialed telemarketing, advertising, or telephone dialing system. Customers also expressly consent to receiving marketing emails from Purple Lotus.
NOTE: CUSTOMER IS NOT REQUIRED TO ENTER INTO THIS AGREEMENT AS A CONDITION TO PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM PURPLE LOTUS. DISCLOSING CUSTOMER CONTACT INFORMATION TO PURPLE LOTUS IS NOT A CONDITION FOR PURCHASE.