đ§ Wandering Stars Legal Disclaimer
Unfortunately, in our litigious society, and especially in consideration of the controversial and medically experimental nature of some of our yoga and shamanic practices here at Wandering Stars, especially the use of the green plant Salvia divinorum in our vision quests, it is necessary that our friends/associates/clients read and sign the following Legal Disclaimer:
By entering this website or purchasing or using our retreats, programs, products and/or services, from or related to Wandering Stars, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the following disclaimer and user agreements after reading them, STOP and do not continue to use our website, programs, products or services or anything you have purchased or experienced through us (collectively âWebsite, Programs, Products, and Servicesâ).
For Educational and Informational Purposes Only.
The information provided in or through our Website, Programs, Products, and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When using any material obtained from or through Wandering Stars, whether through in-person, phone, Skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing information and education, and in no other role.
Wandering Stars practitioners are NOT Medical Doctors (MDs)
I, Shane Clayton, and my associates here at Wandering Stars are trained specialists who use non-invasive holistic and shamanic practices to create a healthy environment for the mind, body and spirit. Wandering Stars is not a substitute for Medical Advice. The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by you or your clientsâ own Medical Provider (including doctor/physician, nurse, physicianâs assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
Not Holding Self Out
In this capacity as a health and wellness coach, I, Shane Clayton, am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physicianâs assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy. Rather, I serve as a trainer, educator, coach, mentor and guide who provides education and learning opportunities.
Consult Your Physician or Health Care Provider
Our intent is NOT to replace any relationship that exists or should exist, between you or your clientsâ Medical Provider or Mental Health Provider. You and your clients should always seek the advice of your/their own doctor/physician, nurse practitioner, physicianâs assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your/their specific health situation. We advise you and your clients to speak with your/their own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; engaging in an elimination diet, detox or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program.
You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. You and your clients should not stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you or your clients have or suspect that you or they have a medical problem, you are advised to contact your/their own Medical Provider or Mental Health Provider promptly.
Not Evaluated by the FDA
The information contained on this Website or provided through our Website, Programs, Products, and Services has not been evaluated by the Food and Drug Administration.
Accuracy
Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or throu3gh our Website, Programs, Products, and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of healthcare, scientific, business, and technology research is constant33ly evolving, we cannot be held responsible for the accuracy of our content.
No Endorsement
Reference or links in our Website, Programs, Products or Services to any other individualâs, business or entityâs information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help and for informational and educational purposes only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Website, Programs, Products or Services. Should our Website link appear in any other individualâs, businessâs or entityâs website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.
Assumption of Risk
Wandering Stars assumes no liability for the purchaserâs voluntary use of our products. Incense should be used with common-sense care about heat and flame. Oils and unguents should always be tested on skin for possible allergic reactions before regular use. Though they may be used in aromatherapy, massage and other healing arts, Wandering Stars makes no medical claims for our products, nor are they evaluated by the FDA for medicinal use.
There are sometimes unknown individual risks and circumstances that can arise during use of our Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. We are not responsible for your or your clientsâ personal choices or actions before, during or after use of our Website, Programs, Products, and Services. You understand that any mention of any suggestion or recommendation on or through our Website, Programs, Products or Services is to be taken at your and your clientsâ own risk, with no liability on our part, recognizing that there is a rare chance that business failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your clientsâ use or non-use of any information obtained through you or our Website, Programs or Services. Your or your clientsâ use, or non-use, of this information, is at your own risk, and you absolve us of any liability or loss that you, your clients, your business, your family and/or children or any other person may incur from your or their use or non-use of the information provided.
Not Legal or Financial Advice
The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial adviser. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state and it is constantly changing and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
No Liability and Release of Claims
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs or Services. In no event will we be liable to you, your clientsâ or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs and Services, or on those affiliated with us in any way, and you and your clientsâ hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering this Website, Program or Services in any way. In the event that you or your clients use the information provided through our Website, Programs or Services by us or affiliated with us, we assume no responsibility. We will not be held responsible in any way for the information that you or your clients request or receive through our Website, Programs or Services. By using our Website, Programs, and Services, you and your clients fully and completely hold harmless, indemnify and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you or your clients ever had, now have or will have in the future against us, arising from your or your clientsâ participation in or in any way related to our Website, Programs, and Services, unless arising from the gross negligence on our part.
Testimonials
Wandering Stars will present real-world experiences, testimonials, and insights about other peopleâs experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products, and Services, are the culmination of numerous variables, some of which we cannot control.
Your Agreements:
I acknowledge that I am participating voluntarily in using the Wandering Stars Website, Programs, and Services, and I alone am solely and personally responsible for my results. I acknowledge that I take full responsibility for my business, and for my own health, life and well-being, as well as the health, lives, and well-being of your family and children (where applicable), for all decisions now or in the future.
I authorize Wandering Stars associates to perform services to develop a natural, complementary health improvement program for me in order to assist me in improving my overall health and not for the treatment or âcureâ of any disease.
I understand that the services rendered are safe, non-invasive holistic and shamanic methods of balancing the bodyâs physical, emotional, and nutritional needs and those imbalances can cause or contribute to various health problems.
I understand that I should continue to see any medical doctors I am currently under the care of, and that any prescription medication should not be altered without first consulting the Doctor who recommended it
I understand that nothing said, done, typed, printed or reproduced by Wandering Stars is intended to diagnose, prescribe, treat or take the place of a licensed physician.
I understand that Wandering Stars is a facilitator of holistic and shamanic health and wellness methods in that it connects clients to other holistic and shamanic healthcare providers.
I take full responsibility for my voluntary use of Wandering Stars products. Incense will be used with common-sense care about heat and flame. Oils and unguents will always be tested on skin for possible allergic reactions before regular use.
I will act with integrity by being on time, clean, properly dressed, and respectful in sessions.
I will demonstrate the appropriate behavior for the safety of everyone.
I will not attend any Wandering Stars sessions while under the influence of recreational drugs or alcohol.
I will obey the rules established by each provider before each session.
I understand that Shane Clayton dba Wandering Stars is not liable for my healthcare.
I understand that if I do not abide by these guidelines I will be removed from the program.
I am a willing participant in Shane Claytonâs Wandering Stars holistic/shamanic program.
In consideration for receiving permission to participate in the Holistic and Shamanic Services provided by Wandering Stars, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Shane Clayton or any other Wandering Stars associate from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
I am fully aware of the risks and hazards connected with the activities of holistic and shamanic treatment methods and practices and I am aware that such activities include the risk of injury, even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my body and my property. I understand that Shane Clayton and Wandering Stars does not require me to participate in these activities. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. I further hereby agree to INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneyâs fees that Releasees may incur due to my participation in said activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assignees and personal representative(s), if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named Releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of California and that any mediation, suit, or other proceeding must be filed or entered into only in California and the Federal or State courts of California. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
In signing this document, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ AND UNDERSTAND THE FOREGOING WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT and that I am signing it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least Eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
Signed by (print name) ________________________________
On this Date: ____/____/_______
Signature X ___________________________________________
By using our Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact Shane Clayton at shane@wandering-stars.net