WAIVER, ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND RELEASE OF LIABILITY WAIVER: In consideration for the right to participate in the consumption of cannabis (also known as marijuana) and cannabis-derived products, including the risks arising after such consumption (herein referred to as the “Activity”), I hereby, for myself, my heirs, spouse, next of kin, executors, administrators, assigns, and/or representatives, knowingly and voluntarily enter into this Waiver, Assumption of Risk, Indemnity Agreement, and Release of Liability (“Waiver”). I hereby expressly waive any and all rights, claims, liability, or causes of action that may be waived under California law, of any kind whatsoever including negligence, arising out of my participation in the Activity. I do hereby release and forever discharge Patients Mutual Assistance Collective Corporation doing business as “Harborside”, located at 1840 Embarcadero, Oakland, California 94606, its affiliates, directors, officers, managers, members, agents, attorneys, employees, contractors, volunteers, representatives, predecessors, successors, and assigns (collectively herein referred to as “PMACC”), for any physical or psychological injury, and damages whether economic or otherwise, including but not limited to illness, paralysis, damages, death, or economic or emotional loss, that I may suffer as a direct or indirect result of my participation in the Activity. I agree not to bring any claim or other legal proceeding against PMACC, nor join or assist in any claim, on account of injuries, losses, or damage sustained by me or others, or my or others’ property, in connection with my participation in the Activity. I waive my insurers’ right to make a claim against PMACC based on payments by insurers to me or on my behalf.
RISKS DISCLOSURE
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ASSUMPTION OF RISK: I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND DOING SO ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS OF PARTICIPATING IN THIS ACTIVITY, WHICH INCLUDE THE FOREGOING AND
MAY ALSO INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE INDUCED BY MY PARTICIPATION IN THE ACTIVITY, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF MY PARTICIPATION IN THIS ACTIVITY.
I hereby give consent and authority to PMACC to obtain medical treatment on my behalf if I am injured or require medical treatment during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and/or medical transportation. I understand PMACC does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance of any nature in the event of my injury, illness, or death, or damage to or loss
of my property. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response of PMACC or others. I hereby release, discharge, and hold harmless PMACC from any claim whatsoever in connection with such treatment or other medical services.
INDEMNITY AGREEMENT: I expressly agree to INDEMNIFY AND HOLD HARMLESS PMACC against any and all claims, demands, damages, rights of action, causes of action, or losses of any kind whatsoever, including legal fees and the costs of pursuing any insurance providers, for liability, damages, compensation, or otherwise, whether brought by me, a third party, or by anyone else acting on my behalf arising out of, or related to, the Activity, including but not limited to negligence, claims arising after engaging in the Activity, and claims arising in whole or part from the mental or physical effects of the Activity.
I agree to comply with all rules imposed by PMACC regarding the use of facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. [I hereby grant PMACC, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.]
AGREEMENT NOT TO DRIVE, OPERATE HEAVY MACHINERY, OR ENGAGE IN RISKY ACTIVITIES AFTER THE ACTIVITY
I understand that cannabis contains psychoactive compounds that may impair my ability to drive, operate heavy machinery, engage in risky activities, and increase the risk of engaging in non-risky activities. I understand that the psychological effects of the Activity may be delayed in onset, can last for an unknown length of time, and may be exacerbated or increased by the type of consumption. I understand that the psychoactive compounds in cannabis may interact adversely with other medications I am taking, and that alcohol consumption immediately before or after participating in the Activity can exacerbate any disorientation I may experience as a result of participating in the Activity. In consideration for being allowed to participate in the Activity, I agree not to drive, operate heavy machinery, or engage in activities that may cause risk to myself or others until such time as the effects of the Activity on me terminate. At a minimum I agree not to engage in such activities for six hours, and represent that I have made the following arrangements to leave the premises after the Activity:
If any term of this Waiver is held invalid, illegal, or unenforceable, that term shall be deemed modified to be enforceable to the full extent permitted, and such invalidity, illegality, or unenforceability shall not affect any other term of this Waiver. The terms of this Waiver shall continue from this date forward, until I terminate it in writing delivered to PMACC. This Waiver shall be governed by the laws of California without reference to any choice of law doctrine, and I consent to the jurisdiction of California courts.
RELEASE OF LIABILITY: I am over age 21. I have read both pages of this Waiver, I fully understand its terms, and I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this Waiver freely and voluntarily and intend by my signature to completely and unconditionally release all liability to the greatest extent allowed by law.