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

• Using or possessing alcohol or illegal chemicals on YMCA property, in YMCA vehicles, or at YMCA-sponsored program
• Smoking on YMCA property - the YMCA and its property is a smoke-free environment
• Carrying or concealing a weapon or any device or object that may be used as a weapon
• Harassment or intimidation by words, gestures, body language, or any type of menacing behavior
•  Physical contact with another person in an angry, aggressive, or threatening way
• Verbally abusive behavior, including angry or vulgar language, swearing, name-calling, or shouting
•  Sexually explicit conversation or behavior; any sexual contact with another person
• Inappropriate, immodest, or sexually revealing attire
• Theft or behavior that results in the destruction or loss of property
• Loitering within or on the grounds of the YMCA
• Use of social networking web sites in a manner that is contrary to the YMCA’s mission, is detrimental to the community or is in violation of the law
• In addition, the YMCA reserves the right to deny access or membership to any person who has been accused or convicted of any crime involving sexual abuse, is or has been a registered sex offender, has ever been convicted of any offense relating to the use, sale, possession, or transportation of narcotics or habit forming and/or dangerous drugs, or is presently or habitually under the influence of dangerous drugs or chemicals, narcotics, or intoxicating beverages.

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
I understand that all changes affecting my monthly draft, (i.e. billing information, holds, downgrades, termination) require a 15 day written notice before my next draft date. The YMCA draft is a continuous membership plan. I understand that this membership will remain in effect until properly terminated with the YMCA. The YMCA Board of Directors may, at their discretion, adjust the monthly membership rate applicable to my category of membership. I understand that I will receive at least a 30 day notice of the change before a debit occurs at the new rate.

CHILD PROTECTION
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.

MEMBERSHIP CARDS
Upon joining, members are required to have their photograph taken for identification purposes and will receive a membership scan card. You must present it each time you enter the building for access to the facility. Lost membership cards should be reported to the Welcome Center. Replacement cost for a lost membership card is $5.00. Membership cards are to be used by the assigned member only; your membership privileges are at risk if you allow others to use your card. You may be asked to present photo identification at any time to verify your membership.

PAYMENT FOR CLASSES/PROGRAMS
Most classes offered at the YMCA are included with your membership; however, some classes have additional fees that require payment at the time of registration. Cash, check, money order, Visa, MasterCard, Discover, or American Express are accepted at most locations.

RETURNED PAYMENTS
A $30 returned payment fee will be applied for any item returned by a financial institution.

MEMBERSHIP PAYMENT OPTIONS
BANK DRAFT – Monthly dues are automatically withdrawn from your checking or savings account each month. Outstanding balances must be reconciled upon rejoining. Fifteen (15) days written notice, prior to your next membership draft, is required for bank draft changes.

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 a class is cancelled by the YMCA, then a full refund will be given.

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:

• 14 days or longer before the start of the class 100% refund
• 7-13 days before the start of class 75% YMCA Credit
• 1-6 days before the start of class 50% YMCA Credit
• Start of class or later No refund

CANCELLATION OF MEMBERSHIP
As a member of the Y, you do not have to sign a membership contract and you may end your membership at any time with 15 days written notice, prior to your next scheduled membership draft. All members wishing to terminate need to do so in person by completing the termination form and surrendering membership cards. Terminations will not be accepted by the phone. If you are terminating due to financial reasons, please ask to speak with our one of member services team members about financial assistance through the scholarship program. The YMCA is unable to issue refunds or credits for non-usage of the facility or for cancellations that after the 15 days’ notice requirement for cancellation. For annual memberships refunds will occur if: 1) A note from the doctor explaining why you cannot use your membership; or 2) Verification of residency 50+ miles outside of Dunmore. Memberships are non-transferrable.

REQUEST FOR MEMBERSHIP HOLD
We offer Membership Holds to our members who, due to medical need, financial reasons, or other unforeseen circumstances, are not able to use their membership. There is a 15-day notice needed to stop the bank draft. Membership will automatically resume after the hold ends.

GUEST POLICY
Members are encouraged to bring guests. All guests must present valid ID upon entering the YMCA. Current guest pass rates are available at the Welcome Center. A guest waiver must be signed before using any facility or program of the YMCA. Guests must follow all policies of the Y. If any guest is found in violation of the YMCA’s policies they will be asked to leave the premises without a refund.

ACCIDENT, INJURY OR INCIDENT
We do our best to keep you safe, but if an accident, injury or unusual incident does occur, please report it to the Director or Supervisor on duty or the Member Services staff immediately. The Y recommends all members and participants consult a physician prior to starting an exercise program. The Y assumes no responsibility for injuries incurred while participating in YMCA activities; it is expected that all members who use YMCA facilities carry their own medical insurance.

CHILD SAFETY
Children age 13 and above may be in YMCA facilities without a parent. Please see the Welcome Center at your Y for specific rules and regulations for children in your local facility.

CAMERA USE
Use of cameras and cell phones are not allowed in the locker room or bathroom areas.

VIDEO SURVEILLANCE
The YMCA utilizes video technology to protect all persons. Cameras are installed in open/public areas only and not in private areas such as locker rooms, rest rooms, etc.

LOST/STOLEN ITEMS
Please safeguard your belongings while on YMCA premises. The Y is not responsible for lost or stolen items.

INCLEMENT WEATHER
In the event of inclement weather, the YMCA will make every effort to continue services at our branches and throughout our programs. However, in certain conditions when safety becomes a concern, branch closures and program cancellations may be necessitated. Information regarding cancellations will be publicized through YMCA website, social media sites and our text alert system.