Terms and Conditions

The following terms and conditions apply specifically to the Tend.Harvest.Cultivate. (T.H.C.), Cannabis Entrepreneurship Program (CEP).

 

The T.H.C. CEP is sponsored by Fluresh LLC, a Michigan limited liability company dba Tend.Harvest.Cultivate. CEP is a selective training and mentorship program aimed at assisting outstanding Michigan leaders, cannabis entrepreneurs, and professionals who want to work within the cannabis industry (referred to as “Participants”).

 

ELIGIBILITY: The T.H.C. CEP is open to any individual who is a legal Michigan resident of the United States, 21 years of age or older as of Thursday, December 21, 2023 who has a desire to enter or navigate the regulated cannabis industry.

 

In order to qualify for T.H.C. CEP, individuals must meet one of the following qualifying criteria:

 

·        Residency
Residency in a disproportionately impacted community for at least 5 cumulative years.

·       Marijuana Conviction
A misdemeanor conviction of a marijuana-related offense.
A felony conviction of a marijuana-related offense.

·        Caregiver Status
Registration as a primary caregiver under the Michigan Medical Marihuana Act (MMMA) for at least 2 years of the last 5 years.

 

DISCLOSURE: All applicants must disclose any relationship between themselves and any officers, directors, employees, investors, corporate entities, or affiliates of any T.H.C.  Competitor (meaning, for purposes of these Terms and Conditions, any manufacturer of cannabis or cannabis-related products, including CBD-infused dry or wet goods, marijuana paraphernalia, drinks, and other products).

 

HOW TO ENTER: Beginning Thursday, December 21, 2023 until Monday, February 26, 2024, at 11:59 pm EDT, please submit only one application for yourself. Information on the Applications will only be used by T.H.C. in determining eligibility for participation in the CEP and communication regarding the Program. Applications must be completed to be considered for the Program. Applications that are incomplete, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction congestion, and Applications that are late, will be void. Once submitted, Applications will not be returned.

 

PARTICIPANT SELECTION CRITERIA: On or about Monday, March 11^th, 2024, T.H.C.  will select up to ten (10) applications from among all eligible entries received. T.H.C. will select the Participants based on the criteria it deems appropriate, which may include the following:

 

·        Alignment of application with T.H.C.’s goal is to make the cannabis industry more diverse and equitable for the “War on Drugs” victims.

·        Business services or products industry appeal or potential.

·        History within the cannabis industry/Professional experience.

·        Results of any interviews held.

·        Conflict of interest.

·        Strength of application.

·        References.

 

T.H.C. reserves the right, in its sole discretion, to select fewer than ten (10) participants or extend the entry period if an insufficient number of eligible entries are received. T.H.C. retains all rights to reject the application of any person entirely within T.H.C.’s discretion. The decisions of T.H.C. are final and binding in all respects. Participants must meet all of the eligibility criteria set forth above.

 

PARTICIPANT NOTIFICATION: The Participants will be notified by e-mail or phone if they are selected to participate in the CEP. Participants must execute an Affidavit of Eligibility and Liability/Publicity Release (Media Waiver) and a Non-Disclosure Agreement before participating in the Program. Additional business partners will be required to also submit a Supplemental Partner Application by the Participant Orientation. If a potential Participant cannot be reached, does not return required documents within the time requested, or does not agree to the Terms and Conditions of the Program, the opportunity to participate in the Program will be forfeited and another Participant may be selected according to the Selection Criteria above.

 

PROGRAM BENEFITS: The T.H.C.  CEP leverages T.H.C.’s facilities and relationships across the industry to provide the fullest perspective of building a vertically integrated cannabis company and strong brand. The instruction portion of the Program runs for approximately nine (9) months, beginning in March 2024, and consists of recurring in-person and virtual educational programs and off-site trips to various locations (“Program Activities”). Actual dates, locations, and itinerary of onsite programming are subject to change at the sole discretion of T.H.C. Each onsite visit will consist of educational programming and networking with T.H.C. CEP peers, access to T.H.C. team members, and guest speakers. In between each onsite program, participants will continue to engage with the T.H.C. CEP through the T.H.C. Corporate Impact Strategist, peer discussions, and monthly program mentorship check-ins. Ongoing engagement will be available through 2024 and may extend beyond 2024 in the discretion of both the mentor and participant. Skipping or missing scheduled Program events (absent reasonable explanation); disparagement of other participants, T.H.C., or others; inappropriate conduct; or otherwise violating the terms of the Affidavit of Eligibility and Liability/Publicity Release or the Non-Disclosure Agreement may result in the Participant’s dismissal from the Program.

 

RELEASE: Applicants understand that T.H.C. is not liable for injuries, losses, or damages of any kind arising from participation in this Program, including any Program Activities. By participating or applying to participate, the Participant releases T.H.C. and its affiliates and each of their respective owners, directors, officers, employees, and agents from any and all claims, damages, costs, expenses, or other liability of any kind with respect to participation in the Program or an application to participate in the Program. Applicant understands that neither T.H.C. nor anyone acting on behalf of T.H.C. is promising or warranting any particular benefits from participation in the Program.

 

APPLICABLE LAW AND DISPUTES: This Program is subject to all applicable United States federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Program Terms and Conditions shall be governed by the laws of the State of Michigan, without regard to any principles of conflict of laws. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., by its Streamlined Arbitration Rules and Procedures or subsequent versions thereof. All disputes arising out of or connected with this application or the Program will be resolved individually and without resort to class action. T.H.C. is not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.

 

General Conditions: This Program is subject to these Terms and Conditions. T.H.C.  reserves the right, in its sole discretion, to disqualify any individual it (or its authorized designee) finds to be: (i) tampering or interfering with either the entry process or any aspect of the Program or Program Website; (ii) acting in violation of these Terms and Conditions; (iii) acting in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) found to be otherwise in violation of law. Any person doing any of the foregoing or attempting to do any of the foregoing will be ineligible to participate in the Program and T.H.C.  will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. If, for any reason, the Program or Program Website (or any portion thereof) becomes corrupted, or is not capable of running as originally planned, does not allow the proper submission and processing of Applications, or corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Program, T.H.C.  reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Program or any portion thereof and to conduct the Program in a manner that is fair and equitable as determined by T.H.C.

 

In case of a dispute over the identity of an entrant who submitted an Application, at T.H.C.’s discretion, the authorized account holder of the e-mail address account associated with that Application will be deemed the applicant. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Terms and Conditions and, at T.H.C. ’s sole discretion, may be required to provide proof of ownership of the e-mail account.