RELEASE AND WAIVER OF LEGAL LIABILITY
THIS IS YOUR RELEASE AND WAIVER OF LIABILITY (the “Release”). You individually and on behalf of any minor child, release the Meadowlands Area YMCA, its officers, directors, board members, employees, volunteers, agents, independent contractors, other participants and/or others acting on its behalf (collectively, “YMCA”). You agree that this Release is effective immediately. This is important to you and any minor children, so do not sign until you have had your questions answered. You provide this release freely, and without duress under the following terms:
1) GENERAL RELEASE, INDEMNIFICATION AND HOLD HARMLESS: I hereby agree for myself and my child and our respective heirs, assigns and legal representatives, to indemnify, defend and hold YMCA and its officers, directors, board members, employees, volunteers, agents, independent contractors and other participants (“Releases”) in the YMCA programs harmless from any and all claim and causes of action of any nature for any and all personal injury or illness, including death, which may occur to my child or which may be aggravated during or by any activity during the course of the membership term in which I have decide to allow [myself or my child] to engage. I further waive any and all claims or causes of action which I or my child may now or hereafter have against YMCA which may at any time arise as a result of any act or thing occurring in or arising out of [my or my child’s] participation in the YMCA programs. I further expressly understand and agree the foregoing indemnity, release and waiver is intended to be as broad and inclusive as permitted by the law of the State of New Jersey and that any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect.
2) ASSUMPTION OF RISK: I, individually and/or on behalf of any minor child(ren), expressly and specifically assume any and all risk of injury, illness, death, or property damage resulting from participating in the YMCA Programs. You assume the risks: I, individually and on behalf of my minor child(ren),understand that the YMCA wellness activities are strenuous and dangerous. I understand that the activity should be engaged in only by persons in good health. I understand that I should consult a physician before enrolling myself in the Healthy Living Membership. Once you sign, you are saying that you understand the risks involved and accept all of the risks. You acknowledge that the YMCA is a charitable organization and that you are a beneficiary of the YMCA.
3) MEDICAL RELEASE: I, individually or on behalf of any minor child(ren), hereby release YMCA from any claim whatsoever which may arise as a result of any first aid, treatment, or services or assistance provided to me or my minor child(ren) in connection with any injury that arises from the Healthy Living Membership A) I take full responsibility for my welfare and safety as well as my child(ren) during the term of my membership. B) I hereby give permission for emergency medical treatment to be administered as deemed appropriate.
4) INSURANCE: YOU ARE EXPECTED TO HAVE YOUR OWN HEALTH INSURANCE. You should understand that the YMCA does not carry insurance to cover injuries and losses that may befall you.
5) PHOTOGRAPHIC RELEASE: I consent to be photographed and to allow YMCA’s use of any photos of me or my minor child(ren) at its sole discretion.
6) Waiver, Release and Indemnification. Your RELEASE is complete and forever. It forever discharges and holds harmless the YMCA, Inc., its successors, assigns, officers, directors and volunteers (hereinafter YMCA) from any and all liability, claims, and demands of whatever nature in law or in equity, which arise or may hereafter arise from the [insert name of program] activities as a YMCA participant and/or member. Further, you agree to INDEMNIFY the YMCA for any injury you or your child suffers at the YMCA.
7) Your Release is Complete. It discharges YMCA from any liability or claim that you may have with respect to any bodily injury, personal injury or property damage that may result from the [insert name of program]. Your release is complete whether your claim is due to negligence of YMCA or is based on any other legal or other theory whatsoever. In addition, you acknowledge that the YMCA is a charitable organization and that you are a beneficiary of the YMCA.
8) Scope of this Release. This Release is intended to be as broad and inclusive as permitted by the laws of the State of New Jersey. This Release shall be governed by and interpreted in accordance with the laws of the State of New Jersey. You agree that in the event that any court of competent jurisdiction shall hold any clause or provision of this Release invalid, the invalidity of such clause or provision shall not otherwise affect the remaining clauses or provisions of this Release, which shall continue to be enforceable.
- Memberships & Joiner Fees are non-refundable and non-transferable. Memberships are ongoing and auto-renew. Membership cards are the property of the YMCA and must be surrendered upon demand. All membership records, files, notes, paper and data are the property of the Meadowlands Area YMCA.
- Joiner fees* are assessed for new applications or after a 60 day interruption in membership. They are to aid in the continued development of your YMCA. The joiner fee is payable upon application and is non-refundable.
- You may freeze your membership with medical documentation and resume without being assessed the joiner fee.
- All membership rates are subject to change with 30 days written notice. I understand that the YMCA will charge membership dues on the 1st of every month and it is my responsibility to advise the Y of any change in the payment method provided. An additional authorization form must be provided or this agreement is null & void.
- Memberships are subject to a minimum of 2 month period. Cancellations must be made in person by the 15th of the month, to a YMCA Director, using the proper Cancellation Form.
- You must present your membership card for admission. No member privileges can be obtained without it.
- I understand that the YMCA is a not-for-profit organization and I will be asked for a contribution above and beyond my membership fees.
- Participation in some YMCA activities may pose potential for physical risk. In joining, I assume responsibility for my safety and agree to hold the Meadowlands Area YMCA harmless against any liability, loss, damage, or injury suffered as a result of participation in YMCA activities.
- By joining the Meadowlands Area YMCA you are agreeing to our terms and conditions, our policies and our code of conduct.
- I understand that the YMCA has the sole authority to terminate any membership with or without notice to ensure the safety and comfort of the general membership. The YMCA further reserves the right to review any membership application and deny membership to any member who may pose a potential threat to the security and/or safety of other members.
- I will receive a Welcome Package that will contain all the benefits of a YMCA Membership. I understand that the YMCA management has the authority to amend the policies and procedures at any time in order to ensure the delivery of the highest possible service to the general membership.
Electronic Funds (EFT) or Credit Card Authorization
I authorize my bank to honor preauthorized Electronic Funds Transfer (or credit card institution) drawn by the Meadowlands Area YMCA on my account for (membership/program/contribution) payments as indicated below. When the bank honors the EFT (or credit card) by charging my account, such transfer shall constitute notice of payment due and my receipt for the payment. Should any preauthorized EFT or credit card not be honored by said bank when received by them, then it is understood that the payment is to be made by me in the amount of said payment plus posted returned draft/check fee of $35.00. This is in addition to any service fee that the bank may charge. It is further understood that if such payment is not honored by the bank or credit card institution, then the YMCA, at its discretion, may resubmit the amount due for payment on a future date.
I acknowledge the waiver and membership agreement set forth above and understanding the mission of the Meadowlands Area YMCA, hereby apply for membership.
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