WAYFINDER LLC

Date of Last Revision: August 29, 2024

Wayfinder LLC (“Wayfinder”) and www.wayfinderwichita.com website (collectively Wayfinder and www.wayfinderwichita.com hereinafter the “Site”) are owned and operated by Wayfinder LLC (“Wayfinder”). The terms of service under which you may participate in a Program and use the Site and are set forth below and on the Privacy Policy page found at www.wayfinderwichita.com/privacypolicy. All such terms of service are collectively referred to as the “Terms of Service.” By using the Site and participating in a Program, you agree to be bound by these Terms of Service. If you do not agree to be bound by the agreement set forth in the Terms of Service, you must not participate in a Program and/or use the Site.

PROGRAM SPECIFIC TERMS OF SERVICE

· EMAIL LIST: By registering for this course/program/event, you agree to receive emails from Wayfinder. This will enable us to send you notifications for this course, and news and announcements via our general email list that we think you will be interested in. You can easily unsubscribe at any time. In order to unsubscribe from our general email list, you will need to click 'unsubscribe' on a Wayfinder email. At any time, you can email us at naomi@wayfinderwichita.com with "Unsubscribe All" in the subject line and we will unsubscribe you from all email lists (courses/program/events and general email list).

· STRICT REFUND POLICY: Payment for participation in a Program is NON-REFUNDABLE. All sales are final. Participants understand that all registrations must be made through the website www.wayfinderwichita.com and any booking systems implemented to facilitate provision of services.

Participants agree that all registration purchases are final and non-refundable. In exceptional circumstances and at the discretion of Wayfinder a transfer of a registration may be permitted to a different program of the same value but is not guaranteed.

In registering or purchasing a service, program, or event, from Wayfinder and providing an email address, participant agrees to be communicated with by electronic mail (email). Participant accepts any risk that email may not be a fully secure and confidential means of communication. Wayfinder will not be liable for any loss or damage suffered as a result of communicating in this manner.

GENERAL TERMS OF SERVICE

Personal Use Only

Your participation in a Program, and any content viewed through our site, is solely for your personal and non-commercial use. With your Program purchase, Wayfinder grants you a limited, non-exclusive, non-transferable, license to access the Program content. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public presentation. Wayfinder may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

Program and Site is available to users who are 18 years of age or older. If you are not 18 years of age or older, Wayfinder requests that you not participate in a Program or use the Site.

You are responsible for checking the Terms of Service periodically for updates because your continued participation in a Program and use of the Site signifies your acceptance of any changes to the agreement described in the Terms of Service. The date this policy was last updated is set forth above. The date the Privacy Policy was last updated is set forth on that page.

Original Content

The specific way ideas, facts, or figures are expressed in a Program or on the Site (including text, articles, reports, photographs, images, illustrations, graphics, video material, audio material, and the selection, coordination, and arrangement of such materials) (hereafter, “Content”) is the intellectual property of Wayfinder protected by copyrights and similar rights. All rights not expressly granted to you herein are reserved to Wayfinder.

Tampering with or Illegal Use of Content or Site

You are not allowed to tamper with or manipulate the content of a Program or the Site, or otherwise damage the Site. Neither may you use the Site for any purpose which is unlawful or prohibited by the Terms of Service. If you violate the Terms of Service, Wayfinder reserves the right to seek all remedies available at law and in equity, including, without limitation, suspending or blocking your access to the Site.

Hold Harmless and Indemnification

You agree to defend, hold harmless and indemnify Wayfinder, its officers, agents, business associates, and suppliers from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your participation in a Program or use of the Site in a manner that violates or is alleged to violate the Terms of Service or any applicable law.

WAYFINDER LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
(“AGREEMENT”)

Please read the following carefully.

You may not participate in any Wayfinder LLC Events without first signing this agreement.

Agree below only if you agree to be bound by all terms within this agreement.

I, in consideration of my participation in Wayfinder LLC sponsored events and to be permitted to participate in any way in Wayfinder LLC Events (“Events”):

UNDERSTAND that this program and its contents are confidential and agree not to disclose or disseminate any portion of this program for any purpose.
UNDERSTAND that photographs and video graphic images of the program and its participants may be taken by WAYFINDER LLC and I hereby release WAYFINDER LLC and its representatives from any claims I may have to the use and dissemination of such photographs or video graphic images.
UNDERSTAND that this program is not a substitute for medical care and offers no guarantees and that I should seek the advice of a qualified health care professional before engaging in experiential exercises.
ACKNOWLEDGE, agree and represent that I understand the nature of WAYFINDER LLC Events and that I am qualified, in good health and in proper physical and mental condition to participate in such Events. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in such Events.
FULLY UNDERSTAND that: (a) WAYFINDER LLC EVENTS MAY INVOLVE RISKS AND DANGERS WHICH WOULD RESULT IN SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b)these Risks to which I will be exposed involve ever changing and unpredictable natural conditions, the condition in which Events take place, my own actions, or inactions, or the NEGLIGENCE OF THE “INDEMNIFIED PARTIES” NAMED BELOW; (c) there may be other RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I CHOOSE TO PROCEED WITH EVENTS AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in WAYFINDER LLC Events.
HEREBY KNOWINGLY, VOLUNTARILY AND EXPRESSLY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE WAYFINDER LLC, its respective directors, officers, employees, agents, teachers, instructors, presenters, facilitators, independent contractors, organizers, volunteers, other participants, and owners and lessors of premises or equipment with which the Events take place, (each considered a “Indemnified Party” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, EXPENSES, LOSSES FOR DAMAGES, PERSONAL INJURY, MENTAL SUFFERING AND DISTRESS, OR DEATH CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “INDEMNIFIED PARTIES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS CONNECTED TO MY PARTICIPATION IN WAYFINDER EVENTS. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I or anyone on my behalf, makes a claim against any of the Indemnified Parties, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE INDEMNIFIED PARTIES from any litigation expenses, attorney fees, loss, liability, damage, or cost incurred by the Indemnified Parties as the result of such claim.
FULLY UNDERSTAND that I may assist event participants to the best of my own ability if they appear to need such assistance, but only for so long as I can do so, in my judgment, without unreasonably endangering myself. I further understand that I have no legal obligation to assist, and that neither the event participants nor any other member or guest of WAYFINDER LLC has any legal obligation to render assistance to me.

This Agreement shall be construed in accordance with and governed by the laws of the State of Kansas and the United States of America. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, it shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such provision had never been contained herein.

As a condition of my participation in the program, I agree that any dispute related to my registration for or participation in the program, including without limitation claims for negligence, breach of contract, fraud, intentional torts, or any other acts or omissions of the Indemnified Parties, shall be resolved by confidential, binding arbitration conducted in Wichita, Kansas, USA using a single arbitrator, in accordance with American Arbitration Association Rules and Procedures (or any successor rules and procedures) then in effect. The arbitration award shall be final and binding on both parties, shall not be subject to de novo review, and no appeal may be taken. The ruling of the arbitrator may be entered and enforced as a judgment by a court of competent jurisdiction. Any court of competent jurisdiction may enforce the arbitration provision of this agreement, and the parties shall bear their own costs, fees, and expenses associated with its enforcement. I acknowledge and agree that this agreement to arbitrate shall result in a waiver of my rights to a court or jury trial for any claim that I may assert.

This release is given to enable other event participants and me to feel free to participate in WAYFINDER LLC Events and to offer our services to help each other without fear of liability. This release is given in consideration for similar releases granted or to be granted to my benefit by other participants in Wayfinder Events. THIS RELEASE HAS NO EXPIRATION DATE AND SHALL BE DEEMED REAFFIRMED EACH TIME I PARTICIPATE IN ANY WAYFINDER LLC EVENT.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE EFFECT.

WAYFINDER LLC

DISCLAIMER; LIABILITY WAIVER; RELEASE; ARBITRATION

I understand and acknowledge that this Program includes physical experiential practices that require moderate exertion and may cause or aggravate a physical injury or mental/emotional medical condition, and I represent and warrant that I am physically and mentally fit enough to participate in such a yoga program.

I understand and acknowledge that I may be denied instruction or initiation in certain practices at any time during the Program based on my behavior and/or medical history, and that I may be given modifications for the practices based on my physical or mental condition or abilities.

I understand that it is my responsibility to consult with a physician, psychologist, or other appropriate healthcare provider prior to and regarding my participation in the Program, especially if I have an acute or aggravated mental health condition. If I have done so, I represent and warrant that I am following my healthcare provider’s advice. I further represent and warrant that I understand my physical limitations and that I am sufficiently self- aware to stop or modify my participation in the Program before I become injured or aggravate a pre-existing condition.

I understand that any statements, stories, or testimonials presented before or during the Program do not constitute a warranty, guarantee, or prediction regarding my experience during or after the Program. Further, I understand that there is no warranty, guarantee, or prediction that I will experience any particular outcome, during or after the Program.

In consideration for being permitted to participate in the Program, I agree to assume full responsibility for any risks, injuries, or damages, known or unknown, that I might incur as a result of participating in the Program.

I understand, agree, and consent to the following COVID-19 medical acknowledgement, consent form, and liability waiver and release agreement to facilitate the safety of participants, volunteers, instructors, and myself.

I am knowingly and willingly participating in Wayfinder LLC program activities despite the risk of contracting COVID-19. I am fully aware of the risks involved and the hazards of COVID-19 that may be connected with my attendance and participation in activities. I hereby elect to voluntarily participate in said activities with full knowledge of the risk of COVID-19 and that said activity may be hazardous to me and/or my property. I knowingly and voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me as a result of participating in the activities.

I understand that the virus that causes COVID-19 is contagious, that the carriers might not show visible symptoms of the virus, and that the virus might pose a risk to my health.

I understand that Wayfinder LLC is taking reasonable efforts to implement sanitary and safety precautions established by the CDC and other federal, state, and local health authorities to reduce the spread of COVID-19. I further understand and acknowledge that Wayfinder LLC’s efforts do not eliminate the risk that I might contract the virus that causes COVID-19 while I am engaged in program activities.

If I and/or any of my family members present any of the following COVID-19 related symptoms, we will immediately be required to self-isolate and quarantine, and we might be required to go to a hospital if we need medical attention:

Minor Symptoms include (but are not limited to): Bodyache, headache, fatigue, scratchy throat, sneezing, congestion, runny nose, fever or chills, shortness of breath or difficulty breathing (oxygen saturation less than 95%), sore throat, ongoing coughing, nausea/vomiting, diarrhea, loss of taste or smell, development of confusion.
Emergency symptoms include (but are not limited to): Severe difficulty breathing, persistent pain or pressure in the chest, inability to wake up or stay awake, cyanosis (bluish lips or face).

If I begin to exhibit any of the emergency symptoms listed above, an ambulance will be called to take me to the emergency room.

I agree that Wayfinder LLC shall have the right to unilaterally terminate my participation in the activities, and to eject me from the program premises, should I fail to scrupulously follow any of the protocols, requirements, or guidelines issued by Wayfinder LLC or any government authorities at any time during the program.

I will bring and use all of the personal protective equipment, including without limitation masks, required in times of COVID-19 to protect myself from infection. I will be solely responsible for all of my personal and medical expenses during and after the program, and I will make all necessary arrangements required under this Agreement before reaching the program premises.

In consideration for receiving permission to participate in program activities during the COVID-19 pandemic, I hereby forever release, discharge, hold harmless, and covenant not to sue Wayfinder LLC or its directors, officers, agents, servants, volunteers, representatives, or employees (hereinafter referred to as Releases) from or for any and all liabilities, 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 any of the property belonging to me, whether caused by the negligence of the Releasees or otherwise, while participating in the activities, or while in, on, or upon the premises where the activities are being conducted.

I further agree to indemnify and hold harmless the Releases from any loss liability, damage, or costs, including court costs and attorneys’ fees, that they may incur due to my participation in said activities knowing the risk of COVID-19, whether caused by negligence of the Releases or otherwise.

It is my express intent that this Liability Waiver and Release Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased, and shall be deemed as a full release, waiver, discharge, and covenant not to sue the above mentioned Releases. I hereby further agree that this Liability Waiver and Release Agreement shall be construed in accordance with the laws of the State Kansas.

**These terms are subject to change at any time at the discretion of Wayfinder LLC or in accordance with the health guidelines suggested or mandated by CDC (Centers for Disease Control and Prevention) or the Kansas Health Department.

In registering for this Program/Event, I acknowledge and represent that: I have read the foregoing Liability Waiver and Release Agreement, understand it, and agree to it voluntarily as my own free act and deed; no oral representations, statements, or inducements separate and apart from the foregoing written terms have been made to induce me to sign this Agreement; I am at least eighteen (18) years of age, and/or I am the parent or legal guardian of the individual participating in the activities; I am fully competent, and I execute this Release for full, adequate, and complete consideration fully intending to be bound by the same.

Wayfinder does not guarantee the accuracy of information found in a Program or on the Site and you agree that if you rely upon such information, you do so at your own risk.

THE SITE, AND ALL CONTENT AND MATERIALS FOUND IN A SEMINAR OR ON OR THROUGH THE SITE, IS PROVIDED TO YOU “AS IS” AND WAYFINDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE TIMELINESS, CORRECTNESS, COMPLETENESS, SECURITY, QUALITY, AVAILABILITY, ACCURACY OF DATA, OR RELIABILITY OF SUCH CONTENT AND MATERIALS OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER KNOWN OR DISCOVERABLE. WAYFINDER ALSO DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF LATENT DEFECTS, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES IN SUCH CONTENT AND MATERIALS. WHILE WAYFINDER MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP-TO-DATE OR THAT THE SITE CONTAINS ALL RELEVANT INFORMATION AVAILABLE. WAYFINDER UNDERTAKES NO OBLIGATION TO VERIFY OR CONFIRM THAT INFORMATION IS UP-TO-DATE.

UNDER NO CIRCUMSTANCES WILL WAYFINDER OR ITS OFFICERS, AGENTS OR OTHER PERSON INVOLVED IN CREATING THE SITE OR CONTENT OR MATERIALS FOUND ON OR THROUGH THE SITE BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENTS (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THE SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED WAYFINDER IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages, losses or causes of action. In such event, Wayfinder’s aggregate liability to you and to all third parties for such damages, losses or causes of action shall not exceed USD$100. Furthermore, you agree to bring all actions within one year of the date such action accrued, and that all actions brought more than one year after such date will be barred.

In the event you have a dispute with Wayfinder, you release Wayfinder and its officers and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way connected with such dispute.

Information About Subscribers

All information Wayfinder collects in connection with a Program or on the Site is subject to the Privacy Policy. By participating in a Program or using the Site, you consent to all actions Wayfinder takes with respect to your information in compliance with the Privacy Policy.

Links to Other Sites

The Site contains links to websites not operated by Wayfinder LLC (“third-party websites”). You agree that your use of third-party websites is at your own risk and is subject to such third-party websites’ terms and conditions of use. Wayfinder assumes no responsibility for third-party websites (including the accuracy of information, content, materials, or services offered on third-party websites), even if someone identified with Wayfinder is quoted or leaves a comment on such a third-party website.

No Waiver

Neither delay nor failure by Wayfinder LLC to enforce any of the Terms of Service, nor reliance by any person on Wayfinder’s actions, constitutes a waiver of Wayfinder’s rights under the Terms of Service. Only a specific, written waiver signed by an officer of Wayfinder shall have any legal effect.

Severability

If a court of competent jurisdiction determines that any clause or provision of the Terms of Service is illegal, invalid, or unenforceable under present or future law, such clause or provision shall be deemed to be deleted and severed from the Terms of Service without affecting the enforceability of all remaining clauses or provisions.

ENTIRE AGREEMENT

The Terms of Service constitute the sole and entire agreement between you and Wayfinder regarding participation in a Program and use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Governing Law and Jurisdiction

The Terms of Service and any dispute arising under or related to the Terms of Service or to the Site shall be governed by the laws of the state of Kansas. Any such dispute shall be resolved exclusively in the state or federal courts in Butler County, Kansas. You agree to submit to the personal jurisdiction and venue of courts located in Butler County, Kansas for any legal proceeding involving the Site, regardless of who initiated such legal proceeding.

For More Information

If you have any questions regarding the Terms of Service, please contact Wayfinder by sending an email to naomi@wayfinderwichita.com.

Changes to this Agreement

Your use of the Site constitutes your agreement to be bound by the requirements, Terms of Service set forth on this page and on the Privacy Policy page. Wayfinder reserves the right, in its sole discretion, to modify, alter, or otherwise change this agreement at any time by updating this page or the Privacy Policy. The date this page was last updated is set forth above, and the date the Privacy Policy was last updated is set forth on that page. Your continued use of the Site constitutes your acceptance of and agreement to be bound by such changes without limitation or qualification. If at any time you determine that you do not accept such changes, you must stop using the Site.

Contact Wayfinder LLC at naomi@wayfinderwichita.com