MEMBERSHIP AGREEMENT – Molly’s Lounge LLC

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN MOLLY’S LOUNGE MEMBERSHIP AGREEMENT CAREFULLY. BY ENROLLING IN THIS MEMBERSHIP AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT ENROLL IN THIS MEMBERSHIP AGREEMENT.

SECTIONS 10 AND 12 BELOW CONTAIN WARRANTY DISCLAIMERS, LIMITS ON LIABILITY, A BINDING ARBITRATION, AND A CLASS ACTION WAIVER. THEY MAY AFFECT YOUR RIGHTS. PLEASE READ THEM.

  1. General. This Membership Agreement (“Agreement”) is operated by Molly’s Lounge on behalf of itself and its applicable state affiliates. The terms and conditions set forth herein (“Terms”) govern your enrollment and participation in, and our operation of, the Program. As used in these Terms, “us”, “we”, or “us” refers to Molly’s Lounge and its affiliates collectively and to Molly’s Lounge and each affiliate in their individual capacity.

  2. Terms of Service. Your participation in the Agreement is subject to our Terms of Service located at www.mollysjoint.com, which is incorporated into these Terms by reference.

  3. Eligibility. To enroll in the Agreement, you must be either (i) twenty-one (21) years of age or older as a recreational cannabis user. You represent and warrant that you meet the eligibility criteria identified herein. You may be asked to verify that you meet the heightened age and/or other eligibility requirements in connection to your enrollment or participation in the Agreement, and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you refer to us for participation in the Agreement is also of legal age as described above. Without limiting the foregoing, the Program is not available to minors.

  4. Agreement Enrollment

    1. Eligible individuals may enroll in the Agreement by visiting www.mollysjoint.com and

      following the program prompts to register for the Program. Fill out the form, and we will

      send you an email containing a link to set your unique password.

    2. You will be required to provide your first name, last name, email address, and phone

      number to enroll in, and be eligible to receive the benefits under, the Agreement as set forth herein. To enroll in the Agreement, you consent to receive an SMS message to your phone number you provided for enrollment to verify that such number is accurate. Your enrollment into the Agreement, and ability to accrue and redeem points in connection therewith is conditioned on such verification. You may also have the opportunity to provide us with your month of birth in connection to Agreement birthday benefits.

    3. One Agreement account may be associated with only a single email address and phone number. In the event of a dispute over ownership of the Agreement membership account, the member will be deemed to be the authorized account holder of the email address and phone number submitted at the time of initial enrollment. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address and phone number by an internet provider, online service provider, telecommunication service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or phone number.

d. The fees for membership in the Agreement is set forth below. The fee will be automatically charged to your designated payment method on the anniversary of your enrollment date each year.

  1. $5.00 per day;

  2. $20.00 per month;

  3. $219.00 for annual membership

1. As an annual member of Molly’s Joint, you are awarded one free month of membership at TrueGrit Fitness.

5. Membership Agreement Benefits

  1. The Agreement only applies to purchases made at Parkway Dispensary and Molly’s Joint in Tilton, Illinois.

  2. By enrolling in this Agreement, you will enjoy exclusive benefits and rewards superior to those offered in our loyalty program. These benefits include:

    1. All Membership Agreements come with

      1. Priority access to new product releases, limited edition items, and special promotions;

      2. Birthday Perk: one free item equal to or less than $20.00 USD value; while supplies last and based on inventory availability at the time of receiving Birthday Perk.

      3. Must be an in-store order on the day of your Birthday, no later than one week from the date of your Birthday;

      4. Must provide valid government-issued ID to receive Birthday Perk.

    2. With purchase of Monthly and Annual Memberships:

a. Priority reservations during peak hours of operation.

3. With purchase of Annual Membership:

  1. Half off event tickets;

  2. Premium seating;

  3. Access to premium glass rentals.

  1. Membership Terms and Renewal. This Membership Agreement is valid from the Effective Date stated below and shall remain in effect for a period of one year from that date. If you do not cancel your membership, it will automatically renew each year, and the fee will be charged accordingly.

  2. Right to Opt-Out. You may unenroll from the Agreement at any time by: (i) opting-out through your Rewards page in your account located at mollysjoint.com; or (ii) contacting customer care at membership@mollysjoint.com. Upon opting out, you shall forfeit all accrued points under the Program.

  3. Membership Agreement Communications

    1. If you provided consent to receive promotional messages as part of your membership, we may send you promotional communications in connection to the Agreement to the contact method you provided to receive such messages.

    2. You may opt out of receiving Agreement promotional e-mails by following the opt-out instructions set forth in any such e-mail. You may opt-out of receiving promotional Agreement text messages in accordance with the opt-out instructions set forth in the Text Message Policy.

    3. By enrolling in the Agreement, you expressly consent to receive informational email and/or text communications from us. If you opt-out of receiving promotional communications, you may, at our discretion, still receive informational communications from us related to the Agreement unless and until you unenroll from the Agreement in accordance with Section 8 (Right to Opt-Out) above. Examples of informational communications include, without limitation, notice that your points are expiring and notice that these Terms are changing.

  1. Potential Side Effects. Potential side effects from the use of marijuana include, but are not limited to, the following: dizziness, anxiety, confusion, sedation, low blood pressure, impairment of short term memory, euphoria, difficulty in completing complex tasks, suppression of the body's immune system, may affect the production of sex hormones that lead to adverse effects, inability to concentrate, impaired motor skills, paranoia, psychotic symptoms, general apathy, depression and/or restlessness. Marijuana may exacerbate schizophrenia in persons predisposed to that disorder. In addition, the use of medical marijuana may cause me to talk or eat in excess, alter my perception of time and space and impair my judgment. Many medical authorities claim that use of medical marijuana, especially by persons younger than 25, can result in long‐term problems with attention, memory, learning, drug abuse, and schizophrenia.

    1. There is evidence of a statistical association between long‐term cannabis smoking and worsening respiratory symptoms and more frequent chronic bronchitis episodes. Smoking marijuana is associated with large airway inflammation, increased airway resistance, and lung hyperinflation. Smoking cannabis, much like smoking tobacco, can introduce levels of volatile chemicals and tar in the lungs that may raise concerns about the risk of cancer and lung disease.

    2. I understand that using marijuana while consuming alcohol is not recommended. Additional side effects may become present when using both alcohol and marijuana.

  2. Termination and Modification

    1. The Agreement and its benefits are offered at our sole discretion. We may, in our

      discretion, cancel, modify, restrict or terminate these Terms and/or the Agreement or any aspect or feature of the Agreement at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

    2. We reserve the right to exclude you from or to discontinue your participation in the Agreement and to audit your membership account at any time, in our sole discretion.
      Any suspected abuse of the Agreement, failure to follow any of these Terms, membership inactivity, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including, without limitation, any suspected illegal, fraudulent other unauthorized use of any Agreement points may result in the revocation of your membership and make you ineligible for further participation in the Agreement. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Agreement and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

  3. Disclaimer of Warranties, Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAWS THAT APPLY TO US OR YOU:

a. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THESE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATION AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

  1. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C ) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON ANY OF MOLLY’S LOUNGE WEBSITES OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E ) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF ANY MOLLY’S LOUNGE WEBSITE, INCLUDING ANY HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

  2. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFIT) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE THOUSAND DOLLARS ($1,000.00).

  3. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFITS OF THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PARTICIPATION IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

12. Indemnification
a. You agree to defend, indemnify, and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your participation in the Agreement in violation of any law, rule, regulation, or these Terms.

13. Governing Law; Dispute Resolution

  1. This Agreement and these Terms will be governed by and construed under the substantive laws of the State of Illinois, as if they were a contract wholly entered into and wholly performed within Illinois and without reference to conflict-of-laws considerations.

  2. ANY DISPUTE RELATING IN ANY WAY TO THIS AGREEMENT, THESE TERMS, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN COOK COUNTY, ILLINOIS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING THE EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION UNDER THESE AGREEMENT TERMS SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

a. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Privacy. The personal information collected from you in connection with the Program will be used by us in accordance with applicable laws and our Privacy Policy located at mollysjoint.com.

15. Contact Us. For information about the Program, contact memberships@mollysjoint.com.

16. Severability: If any provision of these Terms shall be found invalid or unenforceable, the remainder of these Terms shall remain in effect and be interpreted so as best to reasonably effect the intent of the Parties

17. Integration: These Terms set forth all of the promises, agreements, and conditions regarding the Program and supersedes all prior understandings (whether written, oral, or otherwise) pertaining thereto.

By signing up, the member acknowledges their understanding of the terms and benefits outlined in the Membership Agreement and agrees to comply with all terms and conditions set forth.