TERMS OF SERVICE

READ AND AGREE TO THE FOLLOWING: Any individual attempting to purchase cannabis or cannabis products at Garden of Eden ("GOE") must qualify to purchase cannabis. Minimum qualification requires that: (a) At all times you are an adult 21 years of age or older; (b) You abide by Rules and Regulations of GOE and the laws of the State of California and Alameda County as they pertains to cannabis possession and use; (c) You timely remit payment for products purchased. Access to the premises, product and services of GOE is expressly conditioned upon acceptance of these terms. You agree to immediately report to GOE any circumstances affecting your compliance with these terms.

You acknowledge and understand that you are using the services and facilities of GOE, as well as products received, used or possessed (including cannabis, manufactured cannabis [1] and cannabis accessories, [2] collective cannabis products) at your own risk. GOE and its members, officers, employees, agents, contractors and affiliates shall not be liable - and you hereby expressly waive any claim of liability - for personal/bodily injury or damages - which occur to you, for any and all loss or injury to person or property. This waiver is intended to be a complete release of any responsibility for personal injuries and/or property loss/damage you sustain arising from use of services or facilities, and/or arise from possession or use of products (including cannabis) obtained from GOE, and/or occur while on the premises of GOE, whether using services or products or not.

IN CONSIDERATION OF BEING PERMITTED USE OF ANY COMPANY FACILITIES, AND/OR USE OR POSSESSION OF ANY PRODUCT RECEIVED (INCLUDING CANNABIS PRODUCTS), IN CONNECTION USE OR POSSESSION, YOU AGREE TO THE FOLLOWING:

1. YOU HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE COMPANY, ITS EMPLOYEES, OFFICERS AND AGENTS (hereinafter referred to as 'releasees') from all liability to you, your personal representatives, assigns, heirs and next of kin for any loss, damage, or claim therefore on account of injury to your person or property, whether caused by any negligent act or omission of the releasees or otherwise while you are using any GOE facilities in connection with the activity and/or using or possessing any product received from GOE (including cannabis products) 

2. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the releasees from all liability, claims, demands, causes of action, charges, expenses, and attorney fees resulting from your use or possession of any product received from GOE (including cannabis products) whether caused by any negligent act or omission of the releasees or otherwise.

3. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while upon GOE property of and/or use or possession of any product received from GOE (including cannabis products) whether caused by any negligent act or omission of releasees or otherwise.

You expressly agree 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. You acknowledge, understand and agree that you are not relying upon any representation by GOE or any agent of GOE as to your suitability to consume and/or use any products received from GOE. You expressly agree that you are relying exclusively upon your own judgment and opinions and/or those of your health care providers or other professionals as to you suitability to the use or possession of products (including cannabis) and/or condition of any products (including cannabis) received used, or possessed by you. You are strongly advised to consult with health care providers and professionals with appropriate qualifications as to your suitability to use and/or consume any products (including cannabis products) received from GOE.

WARNING PURSUANT TO PROPOSITION 65: Smoking or consuming cannabis products can expose you to chemicals which are known to the State of California to cause cancer and reproductive harm. For more information go to www.P65Warnings.ca.gov.

1 - “Cannabis” (including manufactured cannabis) is defined in California Business and Professions Code § 26001(f) as “all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. ‘Cannabis’ also means the separated resin, whether crude or purified, obtained from cannabis. ‘Cannabis’ does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.”

2 -  “Cannabis accessories” is defined in California Health and Safety Code § 11018.2 as “any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.”