RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in entirety. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your participation in Greater Scranton YMCA Programs, now or at any time in the future.
ACKNOWLEDGMENT OF RISK
I hereby acknowledge and agree that participation in activities at the Greater Scranton YMCA comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with participation, including but in no way limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with participation at the Greater Scranton YMCA and that said list in no way limits the operation of this Agreement.
CORONAVIRUS / COVID-19 WARNING & DISCLAIMER
Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a mean to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Greater Scranton YMCA programs or accessing Greater Scranton YMCA facilities could increase the risk of contracting COVID-19. Greater Scranton YMCA in no way warrants that COVID-19 infection will not occur through participation in Greater Scranton YMCA programs of accessing Greater Scranton YMCA facilities.
WAIVER, RELEASE, INDEMNIFICATION & COVENANT NOT TO SUE
In consideration of my participation at the Greater Scranton YMCA, I the undersigned participant, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO Greater Scranton YMCA, its officers, directors, employees, volunteers, agents, representatives and insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against Greater Scranton YMCA on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of Greater Scranton YMCA facilities/equipment or participation in Greater Scranton YMCA programs whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.
In consideration of my participation in Greater Scranton YMCA, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my Greater Scranton YMCA participation.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in Greater Scranton YMCA participation and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in Greater Scranton YMCA and that by signing this agreement I HEREBY RELEASE Releasees from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which would preclude my safe participation in Greater Scranton YMCA.
PHOTO RELEASE: I grant to the YMCA the right to take photographs of me and my family, its assigns and transferees to use and publish the same in print and/or electronically. I agree that the YMCA may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
The YMCA conducts regular sex offender screenings on all members, participants, and guests. If a sex offender match occurs, the YMCA reserves the right to cancel membership, end program participation, and remove visitation access.
YMCA’S CODE OF CONDUCT
The YMCA is committed to providing a safe and welcoming environment for all members and guests. To promote safety and comfort for all individuals are asked to act appropriately at all times when in our facility or participating in our programs.
NON-DISCRIMINATION POLICY: The YMCA, in keeping with its mission to help all people realize their fullest potential, encourages and supports the participation of all in YMCA programs regardless of gender, race, color, nationality, religion, ethnicity, disability or language. Whether an individual is non-disabled or has special needs, consideration is given to the individual needs of everyone and the ability of the program to meet those needs.
We expect persons using the YMCA to act maturely, to behave responsibly, and to respect the rights and dignity of others. Our YMCA’s Code of Conduct outlines prohibited actions. The actions listed below are not an all-inclusive list of behaviors considered inappropriate in our facilities or programs
Members and guests are encouraged to take responsibility for their personal comfort and safety by asking any person whose behavior threatens their comfort to refrain from such behavior. Anyone who feels uncomfortable in confronting a person directly should report the behavior to a staff member.
YMCA staff members are eager to be of assistance. Members and guests should not hesitate to notify a staff member if assistance is needed.
In order to be able to carry out these policies, we ask that members and guests identify themselves to staff when asked.
The Chief Executive Officer (CEO) of the YMCA will investigate all reported incidents. Suspension or termination of YMCA membership privileges may result from a determination by the CEO if in his/her discretion a violation of the YMCA’s Code of Conduct has occurred. Suspension or termination of YMCA membership may result from a violation of this Code of Conduct. While an incident is being investigated, the membership of the person(s) accused of violating this Code of Conduct may be temporarily suspended pending a final decision.
MEMBERSHIP DUES AGREEMENT
PAYMENT FOR CLASSES/PROGRAMS
MEMBERSHIP PAYMENT OPTIONS
CREDIT CARD DRAFT - Monthly dues are automatically withdrawn from your credit or debit card each month. Outstanding balances must be reconciled upon rejoining. Fifteen (15) days written notice, prior to your next membership draft, is required for credit card changes.
ANNUAL PAYMENTS – Payments are equal to the total of twelve monthly payments.
REFUND ON FEE-BASED CLASSES
If the participant has to withdraw due to sickness/injury and has a medical excuse, then a full refund will be given.
If the participant withdraws from the class for other reasons, the following policy is in place:
CANCELLATION OF MEMBERSHIP
REQUEST FOR MEMBERSHIP HOLD
ACCIDENT, INJURY OR INCIDENT