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.


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.


MUSIC LESSON POLICIES

  1. Each session consists of 4 – 45 minute lessons.
  2. Lessons are only with Ukulele or Guitar.
  3. For a lesson that is cancelled with less than 24 hours notice, the regular lesson fee is charged and no make up lesson will be offered.
  4. Scheduling your time slot could take up to two weeks from the date of registration.
  5. Music participants permit the Maui Family YMCA to use their artwork, voice, and/or original music or any performance in which they appear.
  6. Each package expires one year from the date of purchase. Any unused lessons leftover after the expiration date will be forfeit and ineligible for use or a refund/credit.
  7. Once a participant is able to be taken off the waitlist, the Programs Director will automatically sign them up for a package and use the payment method on file to process the charge associated with the package. The Music Instructor will then contact the participant about scheduling.

DAY CAMP STATEMENT OF UNDERSTANDING

Statement of Understanding I have read, and agree to abide by the Maui Family YMCA Day Camp Parent Handbook. I understand the policies and procedures set forth in the handbook.
Payments & Late Fees:
-Payments are due in full on the Friday before the upcoming week
-Payments will be considered late on Saturday and will be assessed a $25 late fee
-In the event of a returned check, a $10 fee will be assessed and all future payments must be made by money order, cash or credit card
-Payments will not be pro-rated due to absences or inclement weather
Refund Policy:
-For a full refund, cancellation must be made at least 48 hours prior to the start date of program
-A cancellation fee of $25 will be assessed if cancellation request is made after the start date of program
-Cancellations after the end date of the program are non-refundable
Expulsion Policy: The YMCA reserves the right to end your child’s enrollment with or without refund if the staff deems in the best interest and/or safety of the camper, other campers, parents or staff. If a child’s enrollment termination is deemed necessary by staff, parents will be informed of reasons for termination.
Check In: The YMCA requires that all children are to be properly signed in by an adult and turned over to a YMCA staff person. This helps ensure the safety of your child. The YMCA does not and will not assume responsibility for children that arrive before the start time at any location.
Check Out: Sign your child out when you pick them up from camp. Please bring a photo ID with you every day. Children will be released only to those on the authorized pick-up list specified on the child’s information sheet. It is the parent’s responsibility to notify the camp of any changes in authorization. Those picking up children should be prepared to show identification to the camp staff member upon request. No child will be released to anyone who is not authorized to pick up that child.
Late Pick-Up: We close promptly at 5:30 PM. For all children not picked up by the end of the program, a late fee of $1 per minute, per child will be assessed. Payment should be made directly to staff on duty, not the Welcome Center.   After your third late fee please note that you may be asked to withdraw your child from camp.   If you are running late, please notify the camp and attempt to make alternate pick-up arrangements.
Illness Criteria: Children must be healthy enough to participate in the program’s daily routine. We do not have the facilities to care for sick children and therefore do not allow them to attend the program. For the safety and comfort of your child, please keep them home until they feel better and no longer present the danger of passing on their illness. Please notify the YMCA if your child or any member of your immediate household develops a communicable condition (as defined by the local health department), such as pink eye, chicken pox or lice. Parents are responsible to notify the YMCA within 24 hours or the next business day. In the case of a life-threatening illness, please notify the YMCA immediately. It is important for us to post a notice to other parents as soon as possible. In the case that your child becomes ill during the program, you will be contacted as soon as possible. If the parent or guardian is unable to be reached, the child’s emergency contact will be notified. It is the responsibility of the parents to arrange for the child to be picked up from the center as soon as possible. Your child may return to camp when they no longer present the danger of passing on their illness or communicable condition.
Accidents/Emergencies: All precautions will be taken to prevent serious health risks to all campers. In the event that a minor injury occurs, First Aid will be administered at the camp location by the camp staff. The following procedures will be followed:
-First Aid will be provided and the incident recorded in the camp log.
-The child will periodically be observed after First Aid has been applied.
In the event of a medical emergency, immediate action will be taken by the staff as per the policies and waivers. Please be sure to keep these forms updated at all times. If parents or other responsible adults are unable to be reached, the child will be taken to the nearest hospital for any necessary treatment.
Children At Risk: Parents who arrive at the YMCA in an incapacitated condition (i.e. alcohol, drugs) present a risk to their child. The staff in charge will advise the parent of their options regarding the transportation of their child to his/her home. Some options that may be exercised are:
-Call the other parent
-Call another person on the child’s emergency contact list
-Call a nearby neighbor/friend
If a reasonable conclusion cannot be reached, the parent will be advised that either Child Protective Services or the Police will be called.
Code of Conduct: Our Day Camp programs strive to meet the needs of all children without ignoring the demands of any one individual within the boundaries of set guidelines and rules. The YMCA School Age Child Development programs have established rules, consequences and a zero tolerance policy on specific behaviors. The YMCA reserves the right to suspend or expel a child from the program at any time based on the severity of the actions of the child.
YMCA Rules:
-Keep hands, feet, body and objects to yourself
-Show respect to staff, others and self
-Speak for yourself, not others
-Do not willfully destroy YMCA property
-Do not go anywhere without a YMCA staff person
-Always clean up after activities
YMCA Consequences*:
-Verbal warning
-Re-direction to another activity
-Time away without activities
-Parent notification at pick up time
-Meeting with parent and behavior contract created
-Notice of Suspension (1 Day), next day of care/without refund
-Notice of suspension (3 Days), next 3 days of care/without refund
-Conference with Program Director/Parent/Camper
-Removal from program without refund
*Due to the seriousness of the behavior any step can be taken at any time.
Zero Tolerance:
-Inflicting physical harm on another individual
-Verbal threats that may cause physical harm to another individual
-Verbal threats that may destroy property
-Possession of a weapon, controlled substance or alcohol
-Use of foul language
-Inappropriate touching of another individual
-Camper does not stay within the boundaries of the camp (runs out of the program)
The YMCA reserves the right to suspend or expel a child immediately for violation of the Zero Tolerance guideline without refund. 


SWIM LESSON GUIDELINES

Regarding Payment
Once a participant is able to come off the waitlist, the Programs Director will automatically sign them up for the appropriate package and run the associated charge on the payment method that we have on file. The assigned Swim Instructor will then reach out to the participant about scheduling. For Renewals: Renewing for another package can only be done in-person with the Welcome Center or via email with the Programs Director. Should the latter method be used, the payment method on file will be automatically used towards purchase of another package.

Regarding Refunds

Maui Family YMCA will issue full refunds on swim lessons up until the start date of the designated swim sessions or anytime before the participation in the first lesson in a package. After a session has started a refund cannot be issued unless approved by the Aquatics Director. Below is a list of approved instances for refunds/credits.

1. Maui YMCA will issue a partial credit for any lessons cancelled due to absence of instructor, weather cancellation, or unexpected pool closures.
2. Maui YMCA will issue a credit or refund for missing a class due to illness of parent or student with a valid doctors note.
3. Maui YMCA will issue refunds for serious concerns regarding lessons. If your child has a bad experience please let us know, we want to do our best to build strong confident swimmers.

Thank you for being understanding regarding our swim lesson guidelines. Our guidelines are to due high demand for lessons with limited spots for everyone. These ground rules help us serve as many program participants as possible. Thank you for registering for Y swim lessons.

Please note: Private Swim Lesson Packages are due to expire one year after purchase. All unused lessons in a package at the time of expiration are forfeit and not eligible for use or a credit/refund.