WAIVER
I, the undersigned, hereby certify that I am an adult over 18 years of age. I wish to participate in the membership and program activities of the YMCA of Greater Cleveland (the “YMCA”). I hereby grant permission to my children to participate in the membership and program activities of the YMCA. As used in this Agreement, the term (a) “children” shall include children and legal wards, and (b) “parent” shall include parents and legal guardians. As a condition to being permitted to access and utilize the YMCA’s facilities and equipment (collectively, the “YMCA Facilities”) and the YMCA services and on-site and off-site programs and activities (the “YMCA Programs”) for any purpose, including, but not limited to, observation of the YMCA Facilities and Programs, I acknowledge, agree, and represent that I have inspected and carefully considered the YMCA Facilities and YMCA Programs. I understand that even when every reasonable precaution is taken, accidents can happen in connection with the YMCA Facilities and YMCA Programs.
As a condition to access to the YMCA Facilities and participation in YMCA Programs by me and my children, on my behalf and on behalf of my children, I hereby waive and release the YMCA, and all of its sponsors, affiliates, officers, employees, volunteers, contractors, and agents (collectively, the “YMCA Parties”), from all claims for loss or injury incurred or suffered by me or my children, except for those caused by the gross negligence of the YMCA, which I or my children might make against any of the YMCA Parties as a result of using the YMCA Facilities or participating in the YMCA Programs. I further agree to indemnify, defend, and hold harmless the YMCA Parties from all loss and expenses (including, without limitation, reasonable attorney’s fees) incurred as a result of claims made against any of the YMCA Parties based upon alleged actions or omissions by me or my children.
I understand that the YMCA of Greater Cleveland is not responsible for personal property lost, damaged, or stolen while members or program participants are using the Facilities or involved in YMCA Programs.
I hereby give my permission to the YMCA to use, without limitation or obligation, photographs, film footage, or tape recordings which may include my or my children’s image or voice for the purposes of promoting or interpreting YMCA Programs.
MEMBERSHIP AGREEMENT
Membership Term:
Membership is a privilege, and the YMCA reserves the right to terminate individual memberships at will.
Starting a Membership:
To begin a membership, you must pay the (a) applicable Joiner Fee (as defined below) and (b) prorated membership fee for the remainder of the first month in which your membership begins.
Cancelling a Membership:
Prior to the expiration of the Initial Term, you may cancel your membership through your membership account as follows:
- within 3 days after beginning your membership for any reason;
- within 30 days after receiving notice of an increase to your existing membership fee;
- upon delivery of reasonable evidence that your primary residence has been relocated and is more than an 18-minute car ride from your YMCA Facility; or
- upon your death or disability.
After the expiration of the Initial Term, you may cancel or downgrade your membership through your membership account within 7 days prior to your next membership payment.
All outstanding membership balances must be paid in-full prior to cancellation being accepted. Upon cancellation in accordance with the terms above, the YMCA will issue a refund for any remaining pre-paid membership fees.
Membership Payments and Rates:
Membership payments may be paid either (a) annually in-full at the point of sale or (b) monthly, through credit/debit card draft or electronic funds transfer.
All membership rates are subject to change by the YMCA upon 30-days prior written notice; however, the YMCA will only raise membership rates once during any 12-month period.
You will be charged only one joiner fee (the “Joiner Fee”) as long as you remain an active member of the YMCA of Greater Cleveland. If you discontinue your membership for more than 30 days, a new Joiner Fee will be charged when you reapply for membership.
Membership cards are the property of the YMCA and must be surrendered upon request.
PRIVACY POLICY
I have had an opportunity to review the YMCA’s Privacy Policy, (as may be updated from time-to-time), for information about how the YMCA uses and collects my and my children’s information. I agree that the YMCA may collect, use, retain, and disclose my or my children’s personal information in accordance with the YMCA’s Privacy Policy.
ELECTRONIC FUNDS (EFT) OR CREDIT CARD AUTHORIZATION
I authorize the YMCA of Greater Cleveland to automatically debit my account. If necessary, adjustments or entries to correct error are also authorized
I authorize my bank to honor preauthorized Electronic Funds Transfers (or credit/debit card charges) against my account for (membership/program/contribution) payments as indicated below WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM ME. When the bank honors the EFT (or credit/debit card) by charging my account, such transfer shall constitute notice of payment due and my receipt for the payment. Should any preauthorized EFT (or credit/debit card) not be honored by said bank when received by them, then it is understood that the payment is to be made by me in the amount of said payment plus service charge. It is further understood that if such payment is not honored by the bank (or credit/debit card institution), then the YMCA, at its discretion, may resubmit the amount due for payment on a future date.
This debit is continuous and will remain in effect until I cancel my membership and return my membership card.
By requesting monthly auto drafts, I agree that the YMCA may charge me membership dues WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM ME. I agree that the YMCA will not be responsible in any manner for any overdraft charges, interest charges, late or other fees, or damages (including consequential damages). Checking/savings account and credit/debit card drafts that are returned due to non-payment will be subject to a $30 fee per NACHA Rules enacted in 1998. The member’s account will be cancelled and reinstatement will require that all past due payments and reinstatement fees be paid in full by cash, money order or credit card. No checks or debit cards will be accepted.
The YMCA will continue to try and collect payment on all credit/debit card returns for 30 days.
A third party collection agency will try to collect payment on all EFT returns for 30 days. If collection is made the third party collection agency will also collect the $30 return fee.
Rates are subject to change with a 30-day written notice. I understand it is my responsibility to provide current, complete, and accurate billing information and to notify the YMCA of any change in address, bank account information (if utilizing bank draft for payment of dues), or credit/debit card information / expiration date (if utilizing credit/debit card for payment of dues). Changes to my membership or billing information must be made in writing and delivered to my YMCA Facility.