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YMCA Ocean Community Membership Agreement

Active Member Clause:

Memberships are non-refundable and non-transferable.

Please present your membership card for admission. No 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 Ocean Community YMCA harmless against any liability, loss, damage, or injury suffered as a result of participation in YMCA activities.

Waiver/Release of Liability:

THIS IS YOUR RELEASE AND WAIVER OF LIABILITY (the “Release”). You individually and on behalf of any minor child, release the Ocean Community 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 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 program in which I have decided 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 program. 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 States of Rhode Island or Connecticut 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 a YMCA program. You assume the risks: I, individually and on behalf of my minor child(ren),understand that certain YMCA program 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 or my child(ren) in the programs of a strenuous nature. 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 participation in programs. A) I take full responsibility for my welfare and safety as well as my child(ren) during participation in any program. 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 participation in any programs. 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 States of Rhode Island and Connecticut. This Release shall be governed by and interpreted in accordance with the laws of the States of Rhode Island and Connecticut. 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.

9) Assumption of Risk. You understand that the YMCA and its programs may involve activities that are inherently dangerous and hazardous to you and/or your children. You accept these risks.

10) Photographic Release. You grant the YMCA the right and license to photograph you during any YMCA programs or while on the YMCA premises; singly or with others. You understand that your or your child(ren’s) image may be recognizable and that YMCA may use this image as it sees fit. You Release YMCA from any obligations to you or your heirs or assigns for such photographs, specifically releasing YMCA from any obligation to pay a fee or royalties for any use of your photographic image.

HAVING READ, UNDERSTOOD, AND AGREED WITH THESE TERMS, I HAVE EXECUTED THIS RELEASE, TO BE EFFECTIVE IMMEDIATELY.

Terms and Conditions:

Your joining fee is assessed for the purpose of continued development of your YMCA. This is a Member Initials non-refundable fee for all new members payable upon application. While this is not an annual fee, you will be charged a rejoin fee if there is an interruption in membership status for a period greater than 90 days. Your membership dues provide for daily operation of member services.

Ocean Community YMCA is a not-for-profit organization recognized as a leading community Member Initials organization in our area. At the Y, we stand for youth development, healthy living and social responsibility. By joining the YMCA, you as a member are agreeing to subscribe to these operating values. If at any time your behavior does not support these values, the YMCA has the right to revoke your membership status.

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, all individuals are asked to act appropriately at all times when in our facility or participating in our programs.

The safety of the children who use our facility has always been a top priority of the OCYMCA. Technology has now evolved that provides on-going screenings for registered sex offenders in all 50 states. YMCA staff uses the Raptor system to screen all members and visitors to identify unwanted visitors from entering our YMCA. If a potential threat is identified, the Raptor System will send an instant alert to designated management staff. If necessary, law enforcement will be notified. We appreciate your continued support in protecting all the children who come to our Y.

We expect persons using the YMCA to act maturely, to behave responsibly, and to respect the rights and dignity of others. Our Member’s Code of Conduct outlines prohibited action, but 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 programs
• 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

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 person or the Director on duty.

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 Branch Director will investigate all reported incidents. Suspension or termination of YMCA membership privileges may result from a determination by the Branch Director if in his/her discretion a violation of the YMCA Member’s Code of Conduct has occurred.

By signing below, I acknowledge, understand and accept this Code of Conduct

Payment Authorization:

Credit/Debit Card Authorization Agreement: I hereby authorize the YMCA to institute electronic fund entries to my Credit or Debit Card. This Authorization remains in effect until the Ocean Community YMCA has received a cancellation form signed and dated from the member expressed their desire to discontinue the membership payments. THIS IS A 10 DAY PROCESS.

I hereby authorize the Y to initiate electronic fund entries to my Financial Institute. This Authorization remains in effect until the Ocean Community YMCA has received a cancellation form signed and dated from the member expressed their desire to discontinue the membership payments. THIS IS A 10 DAY PROCESS.

Authorization: I understand that this is a continuous membership plan. I understand that I have to give a minimum of a ten day notice before the next draft to cancel my membership. If I give less than ten days’ notice, I understand that I will be charged one more time and will be able to use the facility accordingly. I understand a YMCA BANK DRAFT CANCELLATION FORM must be completed and signed to cancel my membership. Should any membership deduction not be honored by my bank for any reason, I realize that I am still responsible for the payment, plus a service charge of no more than $25 applied by the Y. This in addition to any services fee my bank may charge. I understand that it is my responsible to notify the Y in writing should I change my financial institution and/or account at any time. The Ocean Community YMCA Board of Directors, at its discretion, adjust monthly rate applicable to my membership category once per year. I understand that I will receive at least a four weeks’ notice prior to any such change in my membership fees. I understand that I am responsible for retaining the membership card(s) issued to me during the period that my membership is active. Membership cards remain property of the Y and must be surrendered upon request. I have read and understand the terms of this agreement.