Maui Family YMCA
Agreements

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.

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.

The Maui Family YMCA is committed to providing a safe and welcoming environment for all members, participants, and guests. To promote safety and comfort for all, all individuals are asked to always act appropriately when in YMCA programs or while visiting YMCA property.

Our values are honesty, caring, respect, and responsibility. We expect individuals using the YMCA to act maturely, behave responsibly, and respect the rights and dignity of others. This Code of Conduct outlines expectations and prohibited actions. Noncompliance may result in suspension or termination of membership, program participation, and/or access to YMCA properties.

General Conduct Expectations

• Follow all YMCA policies, procedures, and safety protocols.
• Treat others with respect, dignity, and kindness.
• Maintain respectful and suitable attire that aligns with our community standards and safety guidelines, according to the rules posted online and in each area of the Y.
• Refrain from inappropriate or disruptive behavior, including shouting, obscene language, or gestures.
• Adhere to all fitness floor, pool, locker room, and facility-specific guidelines posted onsite and online.
• Respect YMCA property and the property of others.

 Prohibited Actions

The following outlines prohibited actions on YMCA property, but the actions listed below are not an all-inclusive list of behaviors considered inappropriate in our facilities and programs.

• Possessing, using, or being under the influence of illegal substances.
• Demonstrating signs of intoxication on YMCA property.
• Drinking alcohol, smoking, vaping, or using tobacco products on YMCA property.
• Carrying or concealing weapons or dangerous objects.
• Harassment, discrimination, or intimidation by words, gestures, body language, or any type of menacing or unwelcome behavior.
• Engaging in physically aggressive or threatening behavior, including fighting, attempting to cause or causing bodily injury, threatening, or coercing.
• Verbally abusive, disruptive, discourteous, or disparaging behavior, including obscene or vulgar language, shouting, name-calling, or the use of profanity towards another.
• Sexually explicit conversation or behavior; any sexual contact with another person on Y property.
• Theft, vandalism, or any behavior that results in the destruction or loss of property.
• Loitering within or on the grounds of the YMCA.
• Use of electronic devices that can take photos and/or videos within locker rooms and restrooms.
• Gambling in any form at the YMCA is not allowed.
• Distributing literature, posting signs or other material is not permitted without the proper permission from YMCA Management.
• Members are not allowed to hold or permit unauthorized meetings at the YMCA facilities.
• Possession, carrying, or storing concealed weapons in not allowed on YMCA property.
• Solicitation, promoting, or selling non-YMCA products or services within any YMCA facility, program, or service location. This includes the parking lot, all facility spaces, and YMCA-hosted events or gatherings. Exceptions are made only for YMCA-authorized vendors or sponsors who have received formal consent from YMCA management for specific, approved events.

Communicable Diseases

If you have a fever or have any symptoms of a contagious illness, please stay home until you are well.

• Wash hands frequently and use provided sanitizer before and after a workout.
• Wipe down equipment with the disinfectant provided before and after use.

Abuse or Mistreatment

Our organization’s top priority is keeping all individuals safe. Any form of abuse or mistreatment of others is prohibited. Individuals shall not abuse or mistreat others in any way. Use of abusive language, obscene or profane language, including racial, religious, or sexual references directed at other people will not be tolerated. It is important to treat others as you would like to be treated.

Bullying

The YMCA strictly prohibits bullying in any form. Bullying is repeated, intentional aggressive behavior that creates an imbalance of power. It includes:

• Physical bullying: Hitting, pushing, kicking, or other physical harm.
• Verbal bullying: Insults, name-calling, or belittling remarks.
• Relational bullying: Social exclusion, gossip, or intimidation through gestures.
• Cyberbullying: Harassment through digital means, such as emails, messages, or social media.
• Hazing: Any act that humiliates, degrades, or endangers someone, regardless of consent.
• Sexualized bullying: Unwanted sexual comments, sexting, or inappropriate exposure.

Encouraging or ignoring bullying behavior is also a violation of this policy. The YMCA will take necessary action to prevent and address bullying to ensure a safe and respectful environment for all members, participants, guests, employees, and volunteers.

Registration, Member Photo, & Waivers

Providing false information when registering for membership or programs can result in immediate termination. All members, participants, and visitors must sign the waiver as is to enter the facility or participate in Y programs. No changes may be made to the waiver. We require a photo of all members on file.

Termination of Membership

The YMCA reserves the right to revoke or deny membership or access to any individual who fails to adhere to established safety protocols, policies, and procedures designed to safeguard the well-being of all members, guests, and staff.

Additionally, the YMCA retains the right to deny access or membership to any person who has been accused or convicted of a crime involving sexual abuse, is or has been a registered sex offender, has been convicted of offenses related to the use, sale, possession, or transportation of illegal substances, or is currently or habitually under the influence of drugs, narcotics, or intoxicating substances.

Commitment to a Safe Community

All members, guests, and participants play a role in fostering a safe and respectful YMCA environment. Failure to adhere to this Code of Conduct may result in immediate disciplinary action, including suspension or termination of membership privileges. Thank you for helping us uphold a culture of safety, respect, and inclusivity at the Maui Family YMCA.

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 eighteen (18) and above.
• Those that are ages 12 to 17 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.

Know Before You Enter/Pool Deck

• All Patrons shall take a cleansing shower before entry into the swimming pool and again after using the restroom.
• No person shall be allowed into the pool with an infectious or communicable disease.
• Any patron who has an infectious diarrheal illness or an illness that resulted in vomiting shall avoid swimming at our facility for 2 weeks.
• Long hair must be tied back or in a swim cap.
• No running or jumping on the pool deck. Patrons shall walk at all times.
• To prevent slips, trips, and falls, please keep bags and personal items out of the common walkways.
• Fluids such as water must be contained in non-glass material to prevent the risk of shattering.
• No pets allowed in the pool.
• Appropriate swimsuits must be worn when entering the water. Street clothes are not permitted in the pool.
• Children who are not toilet-trained must have a pool-friendly swim diaper. (available for $1 at the welcome center). Please let lifeguards know immediately if any accidents occur (any reports are kept private).
• Any individuals with cuts, scrapes, or open wounds shall take appropriate precautions, such as covering it with a waterproof hydro-seal bandage and wrapping it. You may not enter the swimming pool if you have a wound that is actively bleeding.
• Pool/ Lap Lanes must be shared if needed.

Supervision

• Children under 12 years of age must be accompanied and supervised by an adult at all times.
• Parents/ guardians must remain at an arms-length of the child wearing a water wing flotation device. Coast Guard-approved life jackets are an approved form of personal flotation device for adults and children who cannot swim at our facility.
• If a child is unable to swim, the parent/ guardian must go into the pool with the child or at least be ready to enter the pool with the child.

Pool Conduct

• No horse play, pushing allowed. Keep your hands to yourself.
• No long breath holding or hyperventilation.
• No yelling, screaming or using profane language.
• No spitting, blowing nose into the pool, or drinking pool water.
• No diving.
• No jumping backward, flips, or spinning into the pool allowed.
• Unsafe games (e.g. “chicken”) are not allowed.
• No hanging or sitting on the lane lines.
• Consumption of food and chewing gum inside the pool is strictly prohibited.
• All patrons will use appropriate facilities for bodily function: No urinating or defecating in the pool. Should an accident occur, let the Lifeguard know immediately (all reports will remain private and confidential).

Lifeguards & Unexpected Closures

• Do not swim if there is no lifeguard on duty. If you enter, you are doing so at your own risk.
• In the event of an emergency, the AED and first aid kit are located behind the front desk.
• The lifeguard’s job is to keep you safe, but always remember to enter the pool at your own risk and do not enter the water if you are uncomfortable.
• Listen to all Lifeguard instructions or risk losing your swimming privilege and/or membership.
• Lifeguards may permit jumping with feet-first entry only.
• Pool subject to closure in the event of accidental fecal or vomitus release.
• The pool will be closed in the event of lightning and severe weather to keep patrons safe.
• If the lifeguard cannot see clearly to the bottom of the pool due to clarity issues, the pool will be closed and cleared immediately.

I am 18 years of age or older and, if not, my parent or legal guardian has also provided their consent by signing below.

Consent & License. For my participation in activities to be conducted by the National Council of Young Men’s Christian Associations of the United States of America (YMCA of the USA) or any of its chartered member associations in the United States (collectively the Y), and collaborating third parties, I consent, now and for all time, to the making, reproduction, editing, broadcasting or rebroadcasting of:

• video film or footage of me,
• sound track recordings of me
• photo reproductions of me
• any narrative account of my experience

My consent includes a perpetual license to the Y and collaborating third-parties for the use of the above materials for publication, display, sale or exhibition in promotions, advertising, education and commercial uses. Use includes reproductions in any form and media currently existing or later conceived, adaptations and/or revisions, throughout the world in perpetuity.

I understand and agree there may be no additional compensation for this license, and I will not make any claim for payment of any kind from the Y or collaborating third-parties. I may, or may not be, identified in such licensed uses; however, my name will not be used to endorse any particular products or services.

Ownership, Confidentiality, and Shared Use. With respect to any of the above uses, I further agree:

• All works shall belong to YMCA of the USA;
• The Y has no duty of confidentiality regarding any licensed uses;
• YMCA of the USA shall exclusively own all known or later existing rights to the uses throughout the world;
• The Y and collaborating third-parties may use any video film, footage, sound track recordings and photo reproductions of me and/or my narrative account for any purpose without additional compensation to me.

Release from Liability. I agree that my consent is irrevocable. I hereby release and discharge The Y and collaborating third-parties, from any and all claims, actions, lawsuits or demands of any kind arising out of my consent, license grants, uses, or the shared uses of any works or materials referenced herein.