Membership Agreements

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 understand that any requests for cancellation must be submitted at least 30 days before the next draft date on the 20th to avoid that charge. I agree to any draft charges made within 30 days of my request. I authorize the cancellation of my membership and understand that I am responsible for any outstanding dues towards membership or programs payments for the Maui Family YMCA. I agree to the processing of any outstanding fees on the payment method on file before the cancellation of my membership will be processed. Should that payment fail to go through, I understand that I continue to receive a bill in the mail until the outstanding fee has been successfully paid for.

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.

MAUI FAMILY YMCA – SCHOLARSHIP MEMBERSHIP AGREEMENT

  • I agree to pay all required fees by their due date. I understand that any delinquencies in payments (i.e. late payments, returned checks) may result in termination of financial assistance and suspension from the corresponding program/membership. All unpaid balances must be paid in full prior to renewing membership or signing up for a program.
  • I agree to obey the house rules of the Maui Family YMCA. I understand that failure to abide by the rules may result in early termination of my YMCA membership and/or financial assistance
  • I understand that I am responsible for completing a renewal application. Each financial assistance grant lasts for a specific program/session/date. The same goes for the 6-month duration of my awarded membership amount. As a financial assistance recipient, I am responsible for completing my renewal application with the proper income documentation at least three weeks before the beginning of the program or expiration date of my membership.
  • I understand that no financial assistance grant will be applied retroactively if I decide to purchase a program/membership at full price before I receive my award letter.
  • I understand that any membership awarded through the financial assistance program will not be eligible for a temporary freeze. I promise to complete a membership cancellation should I no longer wish to utilize my membership at that time.
  • I understand that I must pay my portion (listed on my award letter) each month regardless of whether or not I use the facility during that month.
  • Cancellation requests must be done in writing, online, or in-person with our Welcome Center with 30 days’ notice

MEMBERSHIP UNFREEZE AGREEMENT

I understand that this form will void the original freeze dates which I previously placed on my membership, providing the two-month minimum has passed, unless exempted by the Membership Coordinator. I understand that, by signing, I am authorizing the billing or bank drafting for my membership to resume again for this upcoming monthly billing cycle.

MEMBERSHIP RECLASSIFICATION/CHANGE AGREEMENT

I understand that 30 days’ notice may be required for changes to my membership to go into effect and that my monthly membership rate will change when upgrading or downgrading to a different membership type. I authorize the YMCA to begin a monthly charge or EFT (Electronic Funds Transfer) from this new card/bank account for the payment of my membership dues, if provided on this form.

LOCKER RENTAL AGREEMENT

I understand that 30 days’ notice may be required for changes to my membership to go into effect and that my monthly membership rate will change when upgrading or downgrading to a different membership type. I authorize the YMCA to begin a monthly charge or EFT (Electronic Funds Transfer) from this new card/bank account for the payment of my membership dues, if provided on this form.

LOCKER CANCELLATION AGREEMENT

I hereby agree to the cancellation of my locker rental contract with the Maui Family YMCA. I promise to vacate my locker by the end of the current day. I understand that any items stored in my previously rented locker will be confiscated by the Maui Family YMCA the day after and held in Lost & Found for 30 days, until which they will then become the property of the Maui Family YMCA. I understand that, depending on the day of the month that I am making this request, there is a possibility that I will still be charged the monthly rental fee for the current month.