This Growers and Membership Agreement ("Agreement") is entered into by and between BestBudZA ("we," "us," or "our") and the individual ("you" or "your") engaging our services for cannabis cultivation on private property and subscribing to our Membership Plans. By using our services or subscribing to a Membership Plan, you acknowledge that you have read, understood, and agreed to the terms outlined herein.
1. Purpose
This Agreement establishes the terms and conditions under which BestBudZA provides gardening services for the cultivation of cannabis plants on your private property for personal use. It also defines your responsibilities and obligations as a subscriber to our Membership Plans and as a participant in this Agreement.
2. Acknowledgment of Personal Cultivation
Rights
By engaging our services, you confirm that you have the legal right to cultivate cannabis for personal use on your private property as permitted by applicable laws. Furthermore, you authorize BestBudZA to act on your behalf in exercising this right by providing gardening services within the confines of the law. You agree to indemnify and hold BestBudZA harmless from any claims or disputes regarding the legality of cannabis cultivation on your property.
3. Scope of Service
Our services include the setup, cultivation, care, and maintenance of cannabis plants exclusively on your private property. The plants remain on-site for the duration of the service. BestBudZA does not sell or distribute cannabis seeds, buds, or related products. We do not facilitate shared or collaborative growing services between clients. While we strive for optimal plant health and yield, we do not guarantee specific outcomes. By subscribing to a Membership Plan, you accept these limitations and acknowledge that our services are provided as-is.
4.
Membership Terms and Contract Duration
When subscribing to a Membership Plan, you agree to a contract lasting for the duration specified by your selected plan. Cancellation is not permitted within the first four months following the installation of plants or equipment. After this period, cancellation requires a minimum of one month’s written notice. Membership fees must be paid in full at the beginning of each billing cycle. Failure to make timely payments may result in the suspension or termination of services, removal of plants and equipment, and recovery of costs incurred during the removal process. BestBudZA reserves the right to report overdue payments to credit bureaus if not resolved within twenty business days after written notice.
5. Service Location and Contact Information
You affirm that the location and contact details provided during signup are accurate and updated as necessary. You grant BestBudZA permission to access your property at mutually agreed-upon times to perform services. If an incorrect address is provided or if we are unable to access your property due to lack of communication within thirty minutes of the scheduled time, you will be held responsible for any additional travel costs or damages incurred.
6. Safety of Premises
You warrant that your property is safe for entry and free of hazards that could endanger BestBudZA employees or equipment. We reserve the right to refuse or suspend services if the premises are deemed unsafe or inaccessible.
7. Travel and Service Coverage
Our Membership Plans include travel to locations within a ten-kilometer radius of the nearest BestBudZA service point. For locations beyond this radius, additional travel fees may apply. Any such fees will be communicated to you in advance of service.
8. Customer's Responsibility for Watering
Plants
You are required to water the cannabis plants at least twice per week in accordance with the schedule and instructions provided by BestBudZA. Failure to follow these instructions may result in poor plant health, for which BestBudZA is not responsible.
9. Ownership and Use of Plants
All cannabis plants cultivated on your property remain your property provided that service payments are current. In cases of non-payment, ownership of the plants and any associated equipment will revert to BestBudZA. You agree that the plants will not be sold, distributed, or moved from the property except for personal use as permitted by law.
10. Compliance with Laws
You are solely responsible for ensuring compliance with all applicable laws regarding the personal cultivation and use of cannabis. BestBudZA assumes no liability for legal violations resulting from your failure to comply. By entering into this Agreement, you agree to indemnify BestBudZA against any legal claims, fines, or penalties arising from your actions.
11. Limitation of Liability
BestBudZA provides gardening services and assumes no liability for misuse of cannabis plants or products. You accept responsibility for keeping cannabis plants out of reach of children or unauthorized individuals. Additionally, BestBudZA is not liable for property damage caused by external factors, including but not limited to weather, pests, or pets.
12. Responsibility for Plant Health and
Replacement
If plant health deteriorates due to actions or negligence on our part, BestBudZA may replace the plants or offer a partial refund at its discretion. However, no replacement or refund will be issued for damage caused by factors beyond our control, such as adverse weather conditions or your failure to maintain the plants as instructed.
13. Client's Responsibility for Equipment Damage
Equipment provided by BestBudZA must be used solely for its intended purpose and reasonably cared for. If equipment is damaged due to negligence or misuse, you agree to pay all costs associated with its repair or replacement.
14. Privacy and Confidentiality
BestBudZA values your privacy and will not share your personal or location information with third parties without your explicit consent, except as required by law. Reasonable security measures are in place to protect your data; however, we cannot be held responsible for breaches caused by events beyond our control.
15. Amendments and Entire Agreement
BestBudZA reserves the right to amend this Agreement at any time. Any significant changes will be communicated via email, and the revised Agreement will be posted on our website. Your continued use of our services constitutes acceptance of these changes.
16. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the jurisdiction in which the services are provided. Any disputes arising under this Agreement shall be resolved in accordance with the laws of this jurisdiction and adjudicated in its courts.
By subscribing to our services or engaging in a Membership Plan, you confirm that you have read and understood this Agreement and agree to abide by its terms. For inquiries, please contact us.