ARTICLE I – NAME
The name of this Private Membership Association (PMA) is the Plant Magic PMA.
ARTICLE II – PURPOSE
The purpose of this PMA is to provide a safe, legal, and sacred context for the religious and spiritual use of entheogens.
ARTICLE III – MEMBERSHIP
- Eligibility: Membership in the PMA is open to individuals who are interested in the religious and spiritual use of entheogenic sacrament, and who agree to abide by the PMA’s rules and regulations.
- Rights and Responsibilities: Members have the right to participate in the PMA’s religious and spiritual services, and are responsible for conducting themselves in a manner that is consistent with the PMA’s mission and values.
- Termination of Membership: Either party may terminate their membership at any time. Members may terminate their agreement and fees via an emailed link, or via the Association’s webpage. Termination of agreement will result in a refund where no services for that calendar month have yet been rendered.
ARTICLE IV – BOARD OF DIRECTORS
- Composition: The Board of Directors consists of a minimum of three members at the time of inception, and will grow to five as soon as members aligned in their values with the mission and vision of the PMA can be found to serve on the board.
- Duties: The Board of Directors is responsible for overseeing the PMA’s activities, ensuring compliance with all relevant laws and regulations, and making decisions in the best interest of the PMA and its members.
- Meetings: The Board of Directors meets at least once per quarter, or more frequently as needed.
ARTICLE V – OFFICERS
- Officers: The officers of the PMA are the Chair, Secretary, and Treasurer.
- Duties: The duties of the officers include overseeing the PMA’s day-to-day operations, ensuring the delivery of services in a timely manner, and addressing operational concerns to promote efficient delivery of the PMA’s services.
ARTICLE VI – INDEMNIFICATION
- Indemnification: The PMA shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, by reason of the fact that he or she is or was a director, officer, employee, or agent of the PMA, or is or was serving at the request of the PMA as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorneys’ fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit, or proceeding if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the PMA, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful.
- Insurance: The PMA may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the PMA, or who is or was serving at the request of the PMA as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against such person and incurred by such person in any such capacity, or arising out of such person’s status as such, whether or not the PMA would have the power to indemnify such person against such liability under the provisions of this Article.
ARTICLE VII – AMENDMENTS
These Bylaws may be amended by a two-thirds vote of the Board of Directors, provided that the proposed amendment has been submitted in writing to all Board members at least 30 days prior to the vote.
ARTICLE VIII – DISSOLUTION
The PMA may be dissolved by a unanimous vote of the Board, or by a two-thirds vote of the entire membership. Upon dissolution, any remaining assets after the payment of debts and liabilities will be distributed for a tax-exempt purpose(s) to an organization(s) which are recognized by the IRS at the time of dissolution. Any assets of indeterminate value, tangible or intangible, relating to brand or branding of the Association’s services in the form of logos, insignias, content, collateral, or trademarks that have must be fully transferred to the Association’s providers of licensed intellectual property.