In consideration of my membership and being able to use the Young Men’s Christian Association of Honolulu
(YMCA) facilities and equipment, and/or allowing any of my minor children (hereinafter referred to as “minor children”), for whom I am responsible, to use the facilities and equipment or enroll in YMCA activities or programs, I, on behalf of myself and/or my minor children, hereby release and covenant not to sue the YMCA, its owners, employees, instructors, or agents (hereinafter collectively referred to as “YMCA”), from and all present and future claims, resulting from ordinary negligence on the part of the YMCA or others listed for loss, damage, or theft of personal property, personal injury, or death, arising from my and/or my minor children’s use of the facilities and equipment of the YMCA and/or engaging in any YMCA activities or any activities incidental thereto, wherever, whenever, or however the same occur. I, on behalf of myself and/or my minor children, hereby voluntarily waive any and all claims resulting from negligence, both present and future, that may be made by me, my family, estate, heirs, or assigns.
Further, I, on behalf of myself and/or my minor children, am aware that YMCA activities, both in-person and virtual, may range from various cardiovascular activities (i.e., aerobics, bicycles, steppers or racquetball) to the strenuous exertion of strength training (i.e., free weights, weight machines). I understand that these and other physical activities, both in person at the YMCA and through virtual participation, involve certain risks, including but not limited to death, serious neck, and spinal injuries resulting in complete or partial paralysis, heart attacks, illness, and injury to bones, joints, or muscles. I am voluntarily participating in YMCA activities and/or allowing my minor children to participate in YMCA activities or programs, with full knowledge of the dangers involved, and hereby agree, on behalf of myself and/or my minor children, to accept and assume any and all inherent risks of property damage, personal injury, or death.
This Waiver and Release of Liability Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns, and representatives in the event of my death or incapacity. This Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Hawaii and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the State of Hawaii. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I, on behalf of myself and/or my minor children, further agree to hold harmless, indemnify and defend the YMCA and others listed for any and all claims arising as a result of my engaging in club activities or any activities incidental thereto, where ever, whenever, or however the same occurs. I have read this form and fully understand that by signing this form, I am giving up any and all legal rights and/or remedies that may be available to me and/or my minor children for the ordinary negligence of the YMCA or any parties listed above.
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 YMCA programs. Our values are honesty, respect, responsibility, caring, and diversity. We expect persons using the YMCA to act maturely, behave responsibly, and respect the rights and dignity of others. The following Code of Conduct outlines prohibited action, but the actions listed below are not an all-inclusive list of behaviors considered inappropriate in our facilities and programs.
- Using or possessing alcohol or illegal chemicals on YMCA property or in YMCA vehicles.
- Smoking/tobacco use or e-cigarettes/vapor cigarettes use on YMCA property.
- 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 or unwelcome 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.
- Use of electronic devices that are capable of taking photos and/or videos within locker rooms and restrooms. Use of any electronic device capable of taking photos and/or videos in the exercise facility is only acceptable when the device is used as a video/ music player (not as a recorder). All other use is prohibited.
- In addition, the YMCA reserves the right to deny access 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.
PHOTO / VIDEO / STORY RELEASE
I am 18 years of age or older and grant the YMCA, National Council of Young Men’s Christian Associations of the United States of America and its chartered YMCA member associations in the United States, and collaborating third parties permission in perpetuity to use my and those of my minor children and persons listed on this registration form; image, voice, and personal story in photographs, videos, social media, artwork, profiles and all forms of promotional materials and venues without limitation or obligation to provide compensation for the purposes of promotion or interpreting YMCA programs. I release YMCA, National Council of Young Men’s Christian Associations of the United States of America, and its chartered YMCA member associations in the United States, and collaborating third parties from any and all claims, causes of action, and liability arising out of any use of my, and those of my minor children and persons listed on this registration form; images or likeness.