BY VIEWING, ACCESSING, OR PARTICIPATING in any part of the Psanctuary Church community (including online platforms, ceremonies, circles, community hubs, events, or services), you acknowledge that you have been made aware of and agree to the full terms of the following Legal Notice, Liability Waiver, and Code of Ethics.

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Your participation constitutes your agreement to these terms, whether or not a physical or digital signature is collected.

Liability Waiver

 

WAIVER, RELEASE, ASSUMPTION OF RISK AND CONFIDENTIALITY

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This Agreement (“Agreement”) is made and effective immediately by and between the nonprofit religious organization Psanctuary Church Incorporated d/b/a/ Psanctuary Church (“Psanctuary Church”), and

a natural person (“You,” “Your” or “Attendee”) (collectively, together with Psanctuary Church, “Parties,” with each being a “Party”).

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For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

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Agreement Pertains to and Covers Your Participation in Any and All Ceremonies or Services Offered By and Through Psanctuary Church or Through Any Representatives.

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1. You acknowledge and agree that this Agreement pertains and is applicable to any and all ceremonies provided through Psanctuary Church (“Ceremony” or “Ceremonies”) as well as any mentoring, coaching or educational services provided by persons associated with Psanctuary Church (“Service” or “Services”).

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2. You also acknowledge and agree that this Agreement is applicable, where provided, to the officers, directors, employees, agents, representatives, affiliates and contractors of Psanctuary Church (“Representative” or “Representatives”).

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Acknowledgements on Limited Scope of Psanctuary Church

 

For purposes of this Agreement, You acknowledges and agrees to the following:

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1. Psanctuary Church is not a medical provider, does not provide medical or mental health advice, and makes no representations (medical or otherwise) about any Ceremonies or Services including with regard to whether and to what extent any Ceremonies or Services have any medical or mental health benefits;

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2. You are electing to participate in any Ceremony or Services based on Your free will, in the absence of any coercion on the part of Psanctuary Church or anyone else;

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3. You have been encouraged to seek professional advice (including through licensed physicians and mental health professionals); have had the opportunity to seek such advice, and have, in fact, sought such advice that You believe is appropriate, with regard to the Ceremonies or Services; and have had any and all questions about the Ceremonies or Services answered to your satisfaction; and

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4. You, on Your own volition and in consultation with Your own medical and mental health professionals, have undertaken appropriate steps to become properly informed of the Ceremonies and Services, including with regard to any and all possible adverse impacts on Your physical and mental health.

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Assumption of Risk.

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1. You acknowledge to being aware and understanding that the Ceremonies or Services may be inherently dangerous and may expose You to foreseen and unforeseen hazards and risks. You acknowledge that You are voluntarily participating in the Ceremonies or Services and have considered those hazards and risks. You hereby expressly and specifically accept and assume such hazards and risks, including but not limited to any and all risk of emotional, mental or physical injury, harm, loss, or death that may incur as a result of Your participation in the Ceremonies or Services.

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Release and Waiver.

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1. You hereby fully and forever release and discharge Psanctuary Church and any Representative from, and expressly waive, any and all claims (including negligence claims), demands, expenses, lawsuits, and any other liability of whatever kind or nature, either in law or in equity, of or to You, Your property, or any other person, directly or indirectly arising from or in connection with Your participation in the Ceremonies or Services. You covenant not to make, initiate, or bring any such claim, lawsuit, court action, or other legal proceeding or demand against Psanctuary Church or any Representative, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages, sustained by You, other parties, or Your (or others’) property in connection with Your participation in the Ceremonies or Services, and You waive any right You may have to do so. You fully and forever release and discharge Psanctuary Church and any Representative from liability under such claims or demands. You waive any insurers’ right to make a claim against Psanctuary Church or any Representative based on payments by insurers to You or on Your behalf for any reason, meaning Your insurers have no right of subrogation against Psanctuary Church or any Representative.

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2. YOU UNDERSTAND THAT THIS RELEASE DISCHARGES PSANCTUARY CHURCH AND ANY REPRESENTATIVE FROM ANY LIABILITY OR CLAIM THAT YOU MAY HAVE AGAINST PSANCTUARY CHURCH OR ANY REPRESENTATIVE WITH RESPECT TO ANY ACCIDENT, BODILY INJURY, EMERGENCY TREATMENT, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, PROPERTY LOSS, OR RESCUE OPERATION THAT MAY RESULT FROM THE CEREMONIES OR SERVICES, WHETHER CAUSED BY THE ACTIONS, INACTIONS, NEGLIGENCE, OR OTHER FAULT OF PSANCTUARY CHURCH, ANY REPRESENTATIVE, ANY PROVIDER OR OTHERWISE.

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Additional Limitations of Liability

 

1. NO CONSEQUENTIAL OR INDIRECT DAMAGES. IN NO EVENT SHALL PSANCTUARY CHURCH OR ANY REPRESENTATIVE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER

REMEDY OF ITS ESSENTIAL PURPOSE.

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2. MAXIMUM LIABILITY. IN NO EVENT SHALL PSANCTUARY CHURCH’S OR ANY REPRESENTATIVE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF (A) $5,000 OR (B) THE AGGREGATE AMOUNTS PAID BY YOU FOR ANY CEREMONY OR SERVICE.

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Indemnification

 

You shall indemnify, defend, and hold harmless Psanctuary Church and any Representative from and against any and all claims, liabilities, damages, losses, expenses, demands, suits, and judgments, including without limitation reasonable attorneys’ fees and costs, arising from or relating to (a) Your performance of this Agreement or breach thereof or (b) the intentional misconduct or negligent acts or omissions of You in connection with the performance of its obligations under this Agreement. This provision shall survive the termination of this Agreement.

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Applicability to Adverse Incidences 

 

(Assumption of Risk, Waiver and Release, Limitations of Liability and Indemnification Provisions Apply to the Full Extent to Adverse Incident Situations)

 

1. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT TO THE EXTENT YOU APPEAR TO SUFFER ANY ADVERSE CONDITION DURING ANY CEREMONY OR SERVICE THAT PSANCTUARY CHURCH OR ANY REPRESENTATIVE HAS THE SOLE AND FULL DISCRETION TO CONTACT EMERGENCY CARE PROFESSIONALS; THAT THE CLAUSES OF THE AGREEMENT CONCERNING ASSUMPTION OF RISK (IN SECTION 2), RELEASE AND WAIVER (IN SECTION 3), ADDITIONAL LIMITATIONS ON LIABILITY (SECTION 4) AND INDEMNIFICATION (SECTION 5) ARE APPLICABLE BOTH TO THE RISK AND ACTUALITY OF SUCH SITUATIONS TO THE FULLEST EXTENT UNDER THE LAW; AND THAT REGARDLESS OF THE SURROUNDING CIRCUMSTANCES YOU, ALONE, WILL BE RESPONSIBLE FOR ALL COSTS AND EXPENSES RELATING TO RECEIVING SUCH EMERGENCY MEDICAL CARE.

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No Insurance

 

YOU UNDERSTANDS THAT NEITHER PSANCTUARY CHURCH NOR ANY REPRESENTATIVE ASSUMES ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF YOU’S INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF PROPERTY. YOU EXPRESSLY WAIVES ANY CLAIM FOR COMPENSATION OR LIABILITY ON THE PART OF PSANCTUARY CHURCH OR ANY REPRESENTATIVE IN THE EVENT OF ANY INJURY OR MEDICAL EXPENSE.

 

Publicity and Confidentiality

 

1. Publicity

You agree not to serve as any type of spokesperson for Psanctuary Church in the media and to make no public statements about your participation in any Ceremony or Service unless approved by Psanctuary Church. You will coordinate with Psanctuary Church any public materials developed by You that reference or quote Psanctuary Church and will allow Psanctuary Church to review and approve their text prior to release, to ensure accuracy and consistency of message, including in public statements, reports, and other print and online publications.

 

2. Confidential Information

“Confidential Information” means any sensitive information that is disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”) which relates to the Disclosing Party’s performance of this Agreement as well as information discerned from, derived from, based on or relating to any of the foregoing which may be prepared by the Receiving Party, all of which the Receiving Party expressly acknowledges and agrees shall be confidential information belonging to the Disclosing Party, and such other information normally understood to be confidential information of the Disclosing Party or otherwise designated as such in writing by the Disclosing Party. All communications between the Parties shall constitute Confidential Information.

 

3. Use and Nondisclosure Obligations

Confidential Information of a Disclosing Party shall be used by the Receiving Party solely for the purposes set forth in this Agreement and shall not be used for any other purpose. Each Party shall hold the other Party’s Confidential Information in strictest confidence and shall not disclose the other Party’s Confidential Information without the prior written consent of such other Party, which consent may be withheld at such other Party’s sole discretion. Each Party agrees to take all reasonable measures to protect the Confidential Information of the other Party from or the possession of persons other than those persons authorized to have any such Confidential Information. Each Party shall promptly report to the other Party any actual or suspected violation of the terms of this Section 8.2 and shall take all reasonable further steps requested by the other Party to prevent, control, or remedy any such violation. Each Party covenants and agrees that it will, notwithstanding that this Agreement may have terminated or expired, keep in confidence and prevent the disclosure to any person or persons outside its organization or to any unauthorized person or persons. Each Party represents that its actions prior to the Effective Date were in compliance with the terms of this Section 8.2.

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4. Required Disclosures

Nothing in this Agreement shall prohibit either Party from disclosing Confidential Information of the other Party if legally required to do so by judicial or governmental order or in a judicial or governmental proceeding (“Required Disclosure”); provided that the Disclosing Party shall: (i) give the other Party prompt notice of such Required Disclosure prior to disclosure; (ii) cooperate with the other Party in the event that it elects to contest such disclosure or seek a protective order with respect thereto; and/or (iii) in any event only disclose the exact Confidential Information, or portion thereof, specifically requested by the Required Disclosure.

 

Termination; Survival

 

1. Termination

Psanctuary Church may terminate this Agreement at any time.

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2. Survival

The rights and obligations of the Parties set forth in Sections 2 (Assumption of Risk), 3 (Release and Waiver), 4 (Additional Limitations of Liability), 5 (Indemnification), 6 (Applicability to Adverse Incidences), 7 (No Insurance), 8 (Confidentiality), and any right or obligation of the Parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive the termination of this Agreement.

 

General Provisions

 

Notices

All notices and other communications given or made pursuant to this Agreement shall be in writing and addressed to the other Party at its address set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this Section).

 

Entire Agreement; Amendment; Waiver

This Agreement, together with any other document incorporated herein by reference, represents the entire agreement of the Parties and supersedes all prior agreements, written or oral, between the Parties with respect to the subject matter of this Agreement. This Agreement

(and any document governed by this Agreement) may be executed in two or more counterparts delivered in the original or by facsimile, PDF file, or other electronic transmission, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single

or partial exercise of any right, remedy, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or privilege.

 

Assignment; Successors and Assigns

You shall not assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without Psanctuary Church’s prior written consent; notwithstanding any other provision of this Agreement. Psanctuary Church may assign any of its rights or delegate any of its obligations to any affiliate or to any person without Your consent. This Agreement is binding on and inures to the benefit of both Parties and their respective permitted successors and permitted assigns.

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No Third-Party Beneficiaries

This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
 

Severability

Any provision of this Agreement which is held invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and without rendering invalid or unenforceable the remaining provisions of this Agreement or affecting the validity or enforceability of any of the provisions of this Agreement in any other jurisdiction, and the court or tribunal so holding shall be empowered to substitute, to the extent enforceable, provisions similar to said provision, or other provisions, so as to provide to the Parties the benefits intended by said provision to the fullest extent permitted by applicable law. If any provision of this Agreement is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
 

Governing Law; Jurisdiction; Attorneys’ Fees

This Agreement shall be construed and interpreted in accordance with the laws of the State of Kentucky, without regard to that state’s conflict of law principles. Any proceeding relating to this Agreement or the subject matter hereof shall be brought only in state or federal court in the State of Kentucky, and each Party hereby generally and unconditionally submits to and accepts the jurisdiction of such courts. The prevailing Party in any such action shall be entitled to recover from the other Party its reasonable costs of such action, including reasonable attorneys’ fees.
 

Confidentiality of Terms

You shall keep the terms of this Agreement strictly confidential and shall not disclose them to anyone outside their immediate family other than any legal, tax, or accounting professionals for the purpose of receiving professional advice. Further, You shall not disclose these terms to such professionals unless they are bound by a written agreement or other legal duty to protect the confidentiality of these terms to the same or greater extent as specified herein.
 

Independent Parties Relationship

This Agreement does not create any employment relationship between Psanctuary Church and You. The Parties and any of their agents are independent parties. 
 

Opportunity to Review with Counsel

You acknowledge that You have had the opportunity to review this Agreement with counsel, that You understand the terms of the Agreement, and that You agree to all terms.
 

Reformation

If a court of competent jurisdiction determines that any aspect of Paragraphs 2-7 is partially or wholly inoperative, invalid or unenforceable, such court shall, to the extent permitted under law, reform such clause or term to permit enforcement of such reformed term or clause to the greatest extent allowable.
 

Code of Ethics

At Psanctuary we believe that access to Divinity or True Self, ultimately comes through a love and acceptance of pure and universal consciousness and an understanding that everything and everyone is an aspect of this unifying field.
 

Psanctuary embraces individual freedom of expression as a central tenet of our community. We welcome any person of any faith or ethnic background into our religious community and encourage our members to embrace a courageous exploration of self to discover one's divinity.
 

The guiding principle of our ethical beliefs in short is the “Golden Rule”, to do unto others as we would have them do unto us because as the mushroom shows us, we are each other. This belief extends beyond human to human, through all forms of life.
 

Our guidelines are formed around maintaining an individual's physical and energetic safety. These standards will help delineate boundaries by which ethical questions can be evaluated. While this Code of Ethics cannot answer all ethical questions, it does provide the following:
 

1. Declares the basic system of values and standards of Psanctuary

2. Provides a framework for decision-making and professional behavior.

3. Enables professional accountability.

4. Conveys to the public our expectations of Staff and members of Psanctuary.
 

These Ethical Responsibilities are as follows :

1. We recognize the primacy of the sacrament. While staff and leadership are versed in a variety of practices and spiritual perspectives, none of the practices or beliefs supersede the intelligence within the sacrament. It is the mission and purpose of our staff to stay out of the way of the sacrament and instead to only provide support. The greatest support we can provide is a conscious presence. Our belief and practice is that there is simply no set of rules, practices or dogma that can be universally applied to every Psanctuary healing service.
 

2. Psanctuary Staff displays continued spiritual growth. They strive to maintain a sound body and mind by taking care of themselves with respect and dignity to lead by example. This includes staff staying current on their own particular sacramental practice..
 

3. Psanctuary Staff, Ministers and members display compassion and consideration to all of Creation; to all creatures, humans, to our material surroundings and our environment. Service to the greater good is the prime motivation of our work.
 

4. Regarding the Sacrament, including living or dried, Psanctuary Staff and Ministers:

Will maintain an attitude and presentation of respect and reverence in both public and private conversations.

Will only consume sacrament during a service with Psanctuary or another ceremonial/spiritual setting in observance of the sacred understanding of our sacrament.
 

Will ensure that any sacramental material from the Psanctuary property or the service space remains on site.
 

Will ensure that only authorized members may have knowledge and/or access to where our sacrament is kept. This location will only be disclosed to authorized members.
 

5. Ethical Principles in Relationships between Ministers, Staff and Members (including, family members, etc):

Honor all persons as being created in the image and likeness of our Creator.
 

Speak and act in ways that honor the dignity and value of every individual; in our communication both verbal and non-verbal we should be reinforcing the perfection of all of our members, their innate wisdom and that of the sacrament.

 

We encourage Ministers, staff and members to incorporate their personal practices in our services, we should always refrain from imposing our own personal belief system upon any member or fellow staff.

 

Psanctuary Ministers and staff must remain mindful of a perceived and at times real imbalance of power in the Minister/Staff/Member relationship and refrain from exploitation of that imbalance.

 

Avoid or correct any conflicts of interest or appearance of conflicting interest(s); these conflicts could involve business, personal or romantic relationships. Membership to Psanctuary Church for staff and members is a privilege not to be exploited.
 

Refrain from any form of sexual misconduct, sexual harassment, or sexual assault.  All staff and members are to maintain respect for the sovereignty of all members and staff.
 

Staff are to refrain from any form of harassment, coercion, intimidation, or otherwise abusive words or actions.

 

Member confidentiality should be maintained at all times. Only members should disclose their membership and experiences with the sacrament to others.  Staff are to respect the confidentiality of information entrusted to them when communicating with family or significant others, except when disclosure is required for necessary treatment and granted by permission, for the safety of any person or when required by law.

6. Ethical Principles in Relationships Between Supervisory Staff and Staff in Training or Volunteers During Sacrament Services:
 

While we believe and know wholeheartedly the gifts that our sacrament has to offer we are never to pressure anyone among our families, friends or communities to take the sacrament. It should only be through our example and the individual’s free will that this sacrament should be consumed. Consent will be memorialized in writing through our new member intake process.
 

Psanctuary Ministers will perform their best efforts to ensure that new members have realistic expectations and preparation before joining in any of our services. We understand that the experience with our sacrament can be indescribable. We recognize that the consumption of our sacrament can elicit what some may consider abnormal behavior. New initiates to the sacrament should be briefed on the unpredictable nature of the experience.

 

Preparation for initiates will be provided through online, written, video, and audio content and through our regularly held community Services. Each sacrament service will incorporate aspects of the preparation prior to communion.

 

Individuals under the sacramental state can be suggestible. As they connect deeper with divine oneness, their boundaries are often expanded and therefore should be all the more respected. Neither the Psanctuary staff nor its members should attempt to influence anyone else’s experience with the sacrament and its inborn intelligence. When interacting with anyone who is experiencing the divine effects of our sacrament we are to remain open, curious and supportive. Psanctuary Church maintains a healthy educational and spiritual environment free of coercion or intimidation; every member is sovereign. The primacy of this sovereignty is to be respected at all times.

 

Staff and members should maintain clear boundaries in the areas of self-disclosure, intimacy, and sexuality. We welcome all expressions of gender, sexuality and love. However, our sacred services are not a place for expressing or pursuing personal desires or interests.
 

We ask that strong consideration is given to the relationship and that any staff member who has a developing relationship with any other staff member or member of our faith community communicates this in confidence with the Minister on site.

 

Regarding any staff member in a romantic relationship with a member or fellow staff, both parties are required to maintain strict professional behavior in all Psanctuary sacrament services. There should always be full disclosure to the Minister onsite.
 

Relationships can complicate community membership but they can also contribute to a stronger community family. Again recognizing the openness of the individuals and the development of bonds through continued fellowship, we believe it is unreasonable to put demands upon relationships. Psanctuary does however require that individuals take full responsibility for their actions  and consider the implications before acting. Any romantic/sexual relationship should be among legal, consensual adults.
 

7. Ethical Principles in Advertising:

Psanctuary Church, Ministers, staff and members shall represent our organization from the perspective of ambassadors. All public or private representations of Psanctuary Church should be done in a professional manner that communicates the mission and message of our community.

 

Staff should represent their competencies, education, training, and experience relevant to their position within Psanctuary Church any time they are publicly sharing their involvement with Psanctuary.

 

Do not use any professional identification representative of Psanctuary (business cards, letterhead, Internet or telephone directory, etc.) if it is false, misleading, fraudulent, or deceptive; and if you have not been given explicit permission of a board member.
 

List and claim as evidence only degrees and certifications that are earned from educational institutions and/or training programs recognized by the certifying organizations. Do not in any way misrepresent your training, competency or position.

 

Psanctuary Church shall do everything in its power to ascertain that the qualifications of their employees, supervisees, and students are represented in a manner that is not false, misleading, fraudulent, or deceptive.

 

Psanctuary staff are only to represent themselves as providing specialized services (such as Reiki or other alternative healing modalities) if they have the appropriate education, training, or supervised experience and the explicit permission of the Minister administering for the service that the said staff member is attending.
 

8. Code of Ethics Guidelines for Prevention and Handling of Violations:

Each staff member within Psanctuary will be required to read, sign and submit an electronic copy of this Code of Ethics, indicating their understanding and compliance.
 

Ethical complaints should be submitted in writing to the Board of Directors for review and investigation. This may be done by first communicating the complaint with a Minister that the individual in question feels the most comfortable with.
 

Following the investigation by the Board of Directors a determination will be made as to the consequences an offender shall face.
 

An appeal will be accepted by the Board of Directors and considered from the accused party. After a review of the appeal a final decision will be made and presented to both parties.
 

9. All members agree when they attend a sacrament service that they will be under the direct care of Psanctuary. This means leaving a sacrament service without explicit consent from a Psanctuary Minister is non negotiable. Members will be notified by a Psanctuary Minister once they have deemed it safe for said members to leave a service.