ADULT PARTICIPANT WAIVER, RELEASE, INDEMNIFICATION OF ALL CLAIMS & COVENANT NOT TO SUE

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 Maui Family YMCA activities, now or at any time in the future.

Acknowledgment of Risk
I hereby acknowledge and agree that participation in Maui Family YMCA activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with participation in Maui YMCA activities, 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 in Maui YMCA activities 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 Maui Family YMCA activities or accessing Maui Family YMCA facilities could increase the risk of contracting COVID-19. The Maui Family YMCA in no way warrants that COVID-19 infection will not occur through participation in Maui Family YMCA activities or accessing Maui Family YMCA facilities.

Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of my participation in Maui YMCA activities, I, the undersigned participant, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE the Maui Family 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 the Maui Family 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 the Maui Family YMCA facilities/equipment or participation in any Maui Family YMCA program or activity 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 Maui YMCA activities, 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 participation in Maui YMCA activities.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in participation in Maui YMCA activities 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 Maui YMCA activities 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 Maui YMCA activities.

I further certify that I am therefore of lawful age and otherwise legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after having carefully read it, of my own free will. 


MINOR PARTICIPANT WAIVER, RELEASE, INDEMNIFICATION OF ALL CLAIMS & COVENANT NOT TO SUE

NOTICE:  THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in entirety. By signing this agreement, you give up your right and the minor’s 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 the  minor’s participation in Maui Family YMCA Programs, now or any time in the future.

Acknowledgment of Risk
I, in my legal capacity as the parent/guardian of the minor below, do hereby acknowledge and agree that participation in Maui YMCA activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with participation in Maui YMCA activities, 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 in Maui YMCA activities 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 Maui Family YMCA programs or accessing Maui Family YMCA facilities could increase the risk of contracting COVID-19. The Maui Family YMCA in no way warrants that COVID-19 infection will not occur through participation in Maui Family YMCA programs of accessing Maui Family YMCA facilities.

Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of the minor’s participation in Maui YMCA activities, I, the parent/guardian of the minor, agree to release and on behalf of myself and the minor, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE the Maui Family 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, the minor, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against the Maui Family 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 Maui Family YMCA facilities/equipment or participation in Maui Family 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 the minor’s participation in Maui YMCA activities, I, the undersigned parent/guardian of the minor, 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 the minor’s participation in Maui YMCA activities.

I hereby certify on behalf of myself and the minor that I have full knowledge of the nature and extent of the risks inherent in participation in Maui YMCA activities and that I, on behalf of myself and the minor, am voluntarily assuming said risks.  I understand that I and the minor will be solely responsible for any loss or damage, including personal injury, property damage, or death, the minor sustains while participating in Maui YMCA activities and that by signing this agreement I, on behalf of myself and the minor, HEREBY RELEASE Releasees of all liability for such loss, damage, or death. I further certify that the minor is in good health and has no conditions or impairments which would preclude his/her safe participation in Maui YMCA activities.

I further certify that I am therefore of lawful age (18 years or older) and otherwise legally competent to sign this agreement, and that I have legal capacity to act as the parent/guardian of the minor.  I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after having carefully read it, of my own free will.


CODE OF CONDUCT AT THE Y

As a member or user of the Maui Family YMCA, you are expected to abide by the following guidelines.  Inability to follow these guidelines or repeated violation of them may be grounds for suspension or termination of membership or usage privileges.  Listed below are examples of behavior which are representative of those which may justify disciplinary action.  They are not intended to cover every possible situation or to be in order of severity or seriousness.  Also additional rules may be added from time to time, at which time members/users will be expected to abide by new additions to this code of conduct.

  • One should conduct oneself in a manner that is cooperative, attentive, courteous, pleasant, respectful, and kind when dealing with other members, visitors, or YMCA staff.  Using harsh, violent, abusive , threatening, profane or insolent language, either written or verbal, is not acceptable.
  • While at Maui Family YMCA members will not conduct themselves in a manner that could have a detrimental effect on the health, safety, or property of members, visitors, the public, employees, or the YMCA.
  • While utilizing Maui Family YMCA facilities, members agree to observe and obey all health and safety signs and policies throughout the facility including but not limited to wearing a cloth or medical-grade face covering in designated areas, practicing social distancing of 6 feet at all times, and cleaning of all equipment to be used before and after every use.
  • To ensure the health and safety of the member and their fellow members around them, members must agree to take every measure necessary in personal protection including appropriate use of PPE (Personal Protection Equipment) at all times.
  • A member will not behave in a manner in which pilferage of and or neglect, carelessness, or mischief results in loss, damage, waste, or destruction of the YMCA property or the property of members, staff or other.
  • Picture-taking of any kind with either a mobile device or a camera is not permitted in any and all areas within YMCA property line unless otherwise permitted by YMCA Management.
  • The member will dress in a manner that is appropriate for the activity they are participating in at the time.
  • Members will report loss, damage, breakage, or destruction of YMCA property or the property of members, staff or others.
  • A member will not falsify records or omit pertinent facts, give false testimony or statements.
  • Drinking of alcohol or Smoking is prohibited on YMCA premises.
  • Gambling in any form at the YMCA is not allowed.
  • Soliciting or collecting contributions on YMCA property without the proper permission is not allowed.
  • Distributing literature, posting signs or  other material is not permitted without the proper permission from the CEO of the Maui Family YMCA.
  • Members are not allowed to hold or permit unauthorized meetings at the YMCA facilities.
  • Possession, carrying, or storing of concealed weapons in not allowed on YMCA property.

The Maui Family YMCA conducts regular sex offender screenings on all members, participants, and guest. If a sex offender match occurs, the Maui Family YMCA reserves the right to cancel membership, end program participation, and remove visitation access.


FITNESS FACILITY GUIDELINES AT THE Y

CARING

  • Be mindful of others when using machines in between sets
  • Refrain from horseplay, fighting, swearing, and verbal abuse (including grunting and loud noises).
  • Return all weights and accessories to their proper location after use.

HONESTY

  • The weight and cardio rooms are reserved only for those ages sixteen (16) and above.
  • Those that are ages 12 to 15 will need to complete a FIT Pass with the Health & Wellness Director.
  • Those that are ages 7 to 11 are allowed to use the racquetball court or the swimming pool ONLY.
  • Please follow all guidelines in all the respective areas.

RESPECT

  • Please wipe down exercise equipment after every use.
  • No food or beverages allowed in the weight and cardio rooms with the exception of beverages in sports bottles or covered tops.
  • Please respect maximum time limits on cardiovascular equipment when others are waiting.
  • Please use earphones or headsets in the weight and cardio room when working out.
  • No Bluetooth speakers or playing music out loud on cell phones.
  • Please take all phone calls outside of weight and cardio room in breezeway.

RESPONSIBILITY

  • Wear fully covered athletic shoes and proper exercise attire (a shirt and athletic shorts/pants) when using the fitness facilities.
  • Please DO NOT ALLOW WEIGHTS TO SLAM TOGETHER OR DROP ON FLOOR.
  • Please secure your gym bags in the appropriate designated areas.
  • Please use spotters when you are lifting heavy weights.
  • Please use weight collars at all times.

The YMCA is not responsible for any lost or damaged items left unsecured in the locker room.


PHOTO RELEASE WAIVER

I give permission and consent to the use of any photographs, videotape or other media record of my participation at the Maui Family YMCA for an lawful purpose, without compensation to me on my behalf.  If I chose not to be photographed, videotaped or in other recorded media, it is my responsibility to inform the photographer and/or remove myself from the picture.


MAUI FAMILY YMCA – AUTOMATIC CHARGE AGREEMENT

I authorize the YMCA to begin a monthly charge/EFT (Electronic Funds Transfer) from my account with the financial institution named above for payment of my membership dues. I understand that the monthly charge/EFT will occur on the first available draft date (20th of each month). I agree to update my draft account information 30 days prior to my charge/EFT draft date. I understand that the YMCA will assess a $10 service charge for returned charges or EFTs. I understand that this charge/EFT agreement will be automatically cancelled if 2 or more consecutive payments are returned unpaid. I understand that if I make a payment through the mail or over-the-counter at the YMCA, that the scheduled payment may still be deducted. NOTICE: Youth and Teen Memberships will be automatically upgraded to the appropriate Membership Type (Teen or Adult) when member ages out of age range for their current Membership Type.


MAUI FAMILY YMCA – CANCELLATION POLICY

I agree to provide 30 days written notice prior to my last expected bank draft to cancel a monthly charge/EFT membership. I understand that any erroneous draft charges must be brought to the attention of the YMCA within 60 days of the draft in question or the YMCA will not be held responsible. I understand that if I have not completed my payment of the $100 joiner fee (i.e. I chose the Monthly Join Fee option of $10 per month over 10 months) I will be responsible in paying the remainder of the balance upon date of cancellation. I understand that I am responsible for all membership fees up to the time of written cancellation to our Welcome Center, including any balance dues.


MAUI FAMILY YMCA – TEMPORARY & ANNUAL PAYMENT AGREEMENT

I agree to pay the appropriate price of membership for my temporary or annual membership in full upon activation of my membership. I am aware that my membership will have an expiration date and will notify the Welcome Center or the Membership Coordinator my intention to renew it before said expiration date. I understand that I have 60 days after the expiration of my membership to renew it without having to pay the $100 joiner fee again. I understand that if I decide to cancel my membership before it’s expiration date for any reason whatsoever, I am fully responsible for submitting a cancellation request either with the Welcome Center or online through the Maui Family YMCA’s website. If I am requesting a refund for membership dues in any capacity, I am only eligible to receive funds after the date of submission for my cancellation request, regardless of facility usage prior to this date.


COVID-19 VACCINATION RECORDS AGREEMENT

I hereby request and authorize the disclosure and release of my COVID vaccination information for use in allowing the Maui Family YMCA to verify my COVID-19 vaccination status in order to be granted access into their facilities. I state that the COVID-19 vaccination records that I submit to the Maui Family YMCA is accurate and legitimate. I agree that I am in no way committing fraud through the submission of false or altered COVID-19 vaccination records. I understand and agree that my COVID vaccination information, which may be subject to applicable privacy and security laws such as Hawaii’s Confidentiality and Content of Registry Records, §325-123, Hawaii Revised Statutes (HRS), the Uniform Information Practices Act, and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), is to be used or disclosed pursuant to this authorization.

Unless revoked, this Authorization will expire two (2) years from the date submitted. I have the right to revoke this authorization in writing at any time by sending notification to the Maui Family YMCA at the following address: 250 Kanaloa Avenue, Kahului, HI, 96732. I acknowledge that such a revocation is only effective upon receipt by the Maui Family YMCA and is not effective to the extent the Maui Family YMCA has relied on the authorization to provide me with the vaccination exception to facility access, or to investigate false statements or documents submitted pertaining to the vaccination.

I understand that I am allowed access to the facilities located at the Maui Family YMCA completely at the discretion of Maui Family YMCA Staff and Management and know that my access can be withdrawn at anytime. I agree to adhere to any and all COVID-19 restrictions currently in place at the Maui Family YMCA and understand that my access to the facilities and/or my membership may be suspended should I fail to adhere to those COVID-19 restrictions or if I have submitted any false vaccination records.

I have read (or have had read to me) this authorization, and I agree to its terms or its terms have been agreed to on my behalf, as indicated by my below signature or the below signature of my parent or guardian or my attorney-in-fact.