RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT FOR MEMBERS AND PROGRAM PARTICIPANTS

IN CONSIDERATION of being permitted to enter the YMCA for any purpose, including, but not limited to use of facilities or equipment or participation in any way, the undersigned hereby acknowledges, agrees, and represents that such entry in the YMCA constitutes an acknowledgement that such premises and all YMCA facilities and equipment have been inspected and that the undersigned finds and accepts those facilities as being safe and reasonably suited for the purpose of such observation or use.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE YMCA FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION, USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY WAY, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:

THE USER HEREBY RELEASES, WAIVES, DISCHARGES, AND AGREES NOT TO SUE the YMCA from all liability to the undersigned: for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the YMCA or otherwise.

THE USER HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the YMCA and each of them from any loss, liability, damage, or cost they may incur due to the presence of the user whether caused by the negligence of the YMCA or otherwise.

THE USER HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to the negligence of the YMCA or otherwise.

THE USER further expressly agrees 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 New York and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.

THE USER HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. This agreement shall be binding upon me and my spouse, my heirs, my estate, my executors, my administrators, and my successors and/or assigns.

Placing my order indicates that I have had sufficient opportunity to read this entire document, that I have read it, and that I understand it affects my legal rights; I agree to be bound by its terms.