McGaw YMCA Membership Agreement, Releases, & Waivers of Liability

MEMBERSHIP AGREEMENT: In applying for YMCA membership, I agree to cooperate with others in supporting the YMCA missions, goals, and objectives and to abide by the policies and procedures set forth by the McGaw YMCA Board of Directors. I understand that YMCA membership dues are non-refundable and membership privileges may not be transferred from one individual to another.

By participating in the YMCA Nationwide Membership Program, I agree to release the National Council of Young Men’s Christian Associations of the United States of America (YMCA of the USA), and its independent and autonomous member associations in the United States and Puerto Rico, from claims of negligence for bodily injury or death in connection with the use of YMCA facilities, and from any liability for other claims, including loss of property, to the fullest extent of the law.

PHOTO/VIDEO/AUDIO RELEASE: For my participation in activities to be conducted by the McGaw YMCA and/or YMCA of the USA (collectively “the Y”), and collaborating third parties, I give my consent, now and for all time, to the making, reproduction, editing, broadcasting, or rebroadcasting of video film or footage of me, soundtrack recordings of me, photo reproductions of me, and any narrative account of my experience. 

My consent includes a perpetual license to the Y and collaborating third parties for the use of the 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 agree that my consent is irrevocable. I hereby release and discharge the Y and collaborating third parties, from 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.

I understand and agree there may be no compensation for this, and I will not make any claim for payment of any kind for myself or others included on my membership. I, and/or those on my membership, may, or may not be, identified in such reproductions; however, our names will not be used to endorse any particular commercial products or commercial services.

Ownership, Confidentiality, and Shared Use. With respect to any of the above uses, I further agree: All uses shall belong to YMCA of the USA and McGaw YMCA and either may share them with others; There is no obligation of confidentiality; YMCA of the USA, McGaw YMCA, and collaborating third parties will not be liable for any use or disclosure to a third party; YMCA of the USA and McGaw YMCA shall exclusively own all known or later existing rights to the uses worldwide; YMCA of the USA and McGaw YMCA can use any photographs, videos, and/or audio recordings of which may include my image or voice or narrative account, or that of others included on my membership, for any purpose and without compensation to me or others included on my membership.

Release from Liability. I agree that my consent is irrevocable. I hereby release and discharge YMCA of the USA, McGaw YMCA, their related parties and those they have given permission to use the above, from any and all claims, actions, lawsuits or demands of any kind arising out of my consent, the use, or the shared use of the above materials.

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. McGaw YMCA has put in place preventative measures to reduce the spread of COVID-19; however, McGaw YMCA cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID-19.

By clicking “I agree” to this YMCA Waiver and clicking submit, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and others included on my membership may be exposed to or infected by COVID-19 by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at McGaw YMCA may result from the actions, omissions, or negligence of myself and others, including, but not limited to, McGaw’s employees, volunteers, and program participants and their families.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at McGaw YMCA. On my behalf, and on the behalf of those under 18 on my membership, I hereby release, covenant not to sue, discharge, and hold harmless McGaw YMCA, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of McGaw YMCA, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at McGaw YMCA.

I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

In the event that I file a lawsuit, I agree to do so in the state where McGaw YMCA is located, and I further agree that the substantive law of that state shall apply. 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.

By clicking “I agree” to this YMCA Waiver and clicking submit, I agree that if I am exposed or infected by COVID- 19 during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I further agree to indemnify and hold harmless Releases from any claims alleging negligence which are brought by or on behalf of children or are in any way connected with such participation by children.

I have had sufficient time to read this entire release and, should I choose to do so, consult with legal counsel prior to agreeing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to agree to this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this release and I agree to be bound by its terms.

If I have signed a separate general waiver of liability connected to my participation at McGaw YMCA I agree that the terms of that waiver are wholly incorporated into this release and that the terms of this release are incorporated into the separate general waiver.

MEMBER/PROGRAM PARTICIPANT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT: I understand that, in consideration of being permitted to utilize the facilities, services and programs of the YMCA for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any off-site program affiliated with the YMCA,I hereby acknowledge, agree and represent that I, and any personal representatives, heirs, and next of kin, have, or immediately upon entering or participating will inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into the YMCA for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that I find and accept same as being safe and reasonably suited for the purpose of such observation, use or participation.

In accordance with the McGaw YMCA’s compliance with child safety best practices, everyone who enters the McGaw YMCA premises (age 18 and older) will be checked against the National Sex Offender Database using their name and date of birth, as it is provided on their state issued ID. I agree and consent to such screening, and I understand that if a sex offender match occurs, the YMCA reserves the right to cancel membership, end program participation and remove visitation access. Additionally, convicted sex offenders will not be permitted to live in the McGaw YMCA’s residence.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE YMCA FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH THE YMCA, I HEREBY AGREE TO THE FOLLOWING:

1. ON MY BEHALF AND ON THE BEHALF OF THOSE UNDER 18 ON MY MEMBERSHIP, I HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE the YMCA, its directors, officers, employees, and agents (hereinafter referred to as "releasees") from all liability to which I, my personal representatives, assigns, heirs, and next of kin for any loss or damages, and any claim or demands therefor on account of injury to the person or property or resulting in my death, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the YMCA.

2. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage or cost they may incur due to my presence in, upon or about the YMCA premises or in any way observing or using any facilities or equipment of the YMCA or participating in any program affiliated with the YMCA whether caused by the negligence of the releasees or otherwise.

3. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to negligence of releasee or otherwise while in about or upon the premises of the YMCA and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the YMCA.

I further expressly agree that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

I ACKNOWLEDGE THAT I HAVE READ AND VOLUNTARILY AGREE TO THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and I further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made.

ACKNOWLEDGEMENT & AGREEMENT: By clicking “I agree” to this YMCA Waiver and clicking submit, I acknowledge that I have reviewed and agree to the terms and conditions of this Membership Agreement, its Releases, and Waivers of Liability.

I acknowledge that upon my first visit to the Y I must go to the Member Service desk to obtain a membership card, have my photo taken, and receive a general orientation.

Effective August 8, 2022