Waivers & Agreements

Mount YMCA Climbing Wall Waiver

This is a legally binding agreement. By signing this agreement, you give up your right to bring court action to recover compensation or obtain any other remedy for any injury to your children or yourself or your property or for your death, however caused, arising out of using the facilities of the Greater Missoula Family YMCA, now or any time in the future. The information contained throughout this agreement, and especially in Acknowledgment of Risk and Release and Safety Contract sections, is interchangeable for the climber and/or parent who wishes to sign-off herein as having informed consent to permit their minor child to use the facilities of Mount YMCA. I or myself is also reasonably interchangeable with my child herein.

Acknowledgment of Risk:

I hereby acknowledge and agree that the sport of rock climbing and the use of facilities of the Greater Missoula Family YMCA's Mount YMCA have inherent risks. I have full knowledge of the nature and extent of all the risks associated with rock climbing and use of the climbing gym including, but not limited to:

• All manner of injury resulting from falling off the climbing gym and hitting rock faces and/or projections, whether permanently or temporarily in play, or on the floor or loose.
• Rope abrasion, entanglement, and other injuries resulting from activities on or near the climbing gym such as, but not limited to, climbing, belaying, lowering on ropes, rescue systems, and other rope techniques.
• Injuries resulting from falling climbers or dropped items such, but not limited to, ropes, climbing hardware, and/or loose holds and/or fixtures. Cuts and abrasions resulting from skin contact with the climbing gym and/or gym's devices and/or hardware.
• Failure of ropes, slings, harnesses, climbing hardware, anchor points, or any part of the climbing gym structure. I further acknowledge that the above list is not exclusive of all the possible risks associated with the use of the climbing gym and that the above list in no way limits the extent or reach of this release and covenant not to sue.

Release/Indemnification & Covenant Not To Sue:

In consideration of my use of the climbing gym, I, the undersigned user, agree to release and on behalf of myself, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE the Greater Missoula Family YMCA and Mount YMCA, its officers, agents, sponsors, and employees from any action, claims, or demands of any nature whatsoever including, but not limited to, a claim of NEGLIGENCE, which I, my heirs, representatives, executors, administrators, and assigns may now have, or have in the future, against the climbing gym on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to my use of the climbing gym whether that use is supervised or unsupervised, however the injury or damage is caused, including, but not limited to, the NEGLIGENCE of the Greater Missoula Family YMCA, Mount YMCA, its officers, agents, and employees.

In consideration of my use of the facilities of Mount YMCA, I, the undersigned user, agree to INDEMNIFY AND HOLD HARMLESS the Greater Missoula Family YMCA, Mount YMCA, its officers, agents, and employee from any and all causes of action, claims, demands, losses, or costs of any nature whatever arising out of or any way relating to m use of the climbing gym.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of the climbing gym and that I am voluntarily assuming the risks. I understand that I will solely be responsible for any loss or damage, including death, I sustain while using Mount YMCA climbing gym and that by this agreement I am relieving the Greater Missoula Family YMCA and Mount YMCA of any and all liability for such loss, damage, or death. I further agree to pay all of Mount YMCA and/or its agent's legal fees should I one day wish to seek legal action against them as a result of my use of the facilities.

I understand that the above Release and Acknowledgment sections of risk. I further certify that I and/or my wards are in good health and have no physical limitations which would preclude safe use of the facilities.

YMCA Membership Code of Conduct & Safety Screening

Please read the following statements. By becoming a Y Member, you indicate that you understand and agree to comply to the Membership Code of Conduct and Safety Screening.

• I understand that all members and guests are checked against the Montana and National Sexual and Violent Offender Registry and may be denied membership at the Missoula Family YMCA. The Y does not maintain records of offenders, but if my name appears I will be provided with a copy of the record from the website at my request.
• I understand that the Missoula Family YMCA has a Code of Conduct for members, guests, and staff which is based on the Y Mission Statement and the Core Values of Honesty, Caring, Respect, and Responsibility.
• I understand that I may request a copy of this Code of Conduct at anytime and that my membership is contingent upon my compliance to the Code of Conduct, regardless of whether or not I have chosen to view a copy.
• I understand that I need to provide my check-in method (barcode or PIN) every time I use the Y. I will be issued a check-in method during my first visit.
• I understand that the Missoula Family YMCA works to ensure that everyone, regardless of ability, age, cultural background, ethnicity, faith, gender, gender identity, ideology, income, national origin, race, or sexual orientation, has the opportunity to reach their full potential with dignity. I agree to helping make the Missoula Family YMCA a safe space for everyone.
• I agree to all terms and conditions listed above.

YMCA Changes, Cancellations, & Payment Authorizations

Changes, Cancellations, & Payment Authorizations for Monthly YMCA Memberships

Please read the following statements. By becoming a Monthly Y Member, you indicate that you understand and agree to comply to the Y's Changes, Cancellations, and Payment Authorizations policies related to your membership type.
 

• I understand that in order to make changes to, cancel, or place a hold my membership, I must provide the YMCA with a completed change, cancel, or hold form before the last day of the month for changes taking effect the following month. I understand that if I cancel and wish to rejoin, I will need to pay a joining fee.

• I understand that all adults ages 18+ on my membership will each need to provide a copy of a government-issued photo ID for a background check during their first visit to the Y.

• I understand that all membership payments are due and automatically processed on the first day of the month and that drafts will finalize on the fifth day of the month. Non-payment by the last day of the month will result in termination of my membership. I will not have access to YMCA facilities and programs until resolved. All balances two months past due will be referred to a collection agency.

• I understand that credit card drafts are administered by a third-party company, Daxko, and that any unsuccessful draft attempts will incur a non-refundable fee of up to $30. It is my responsibility to settle any past-due balances & incurred fees with the YMCA or Daxko upon notice.

• I understand that EFT/ bank drafts (if paying by voided check) are administered by a third-party company, Daxko, and that any insufficient draft will be charged a $30 non-refundable fee. If Daxko is unable to collect dues from my account after 20 days, it is my responsibility to make payment to the YMCA for all fees due, including any fees not covered by my financial institution.

• I understand that the YMCA does not track facility usage for billing purposes, and that monthly dues on my account will accrue and be charged according to the payment method I have selected regardless of whether or not I use the facility.

• I understand that the YMCA does not issue refunds on membership dues as a result of non-usage, failure to cancel in writing, failure to update payment method, failure to monitor personal finances, failure to provide current contact information, or any other agreement failure on the part of the Primary Member and/or other adults on the membership.

• I understand that I am responsible for providing the Greater Missoula Family YMCA with my correct and updated contact information, including phone number, mailing address, and email address, and that the Greater Missoula Family YMCA is not responsible for any communication that I may miss due to my failure to provide said information.

Changes, Cancellations, & Payment Authorizations for Loyalty Memberships

Please read the following statements. By becoming a Loyalty Y Member, you indicate that you understand and agree to comply to the Y's Changes, Cancellations, and Payment Authorizations policies related to your membership type.
 

• I understand that holds, cancels, and/or refunds are not available with Loyalty Membership. My membership will cancel automatically after one year unless renewed.

• I understand that all adults ages 18+ on my membership will each need to provide a copy of a government-issued photo ID for a background check during their first visit to the Y.

• I understand that payment is due in full at time of registration. I authorize my financial institution to honor drafts drawn by the Greater Missoula Family YMCA on my account. Drafts from my account will be deducted on the fifth of each month. The amount drafted will be the current amount due on my account.

• I understand that I am responsible for providing the Greater Missoula Family YMCA with my correct and updated contact information, including phone number, mailing address, and email address, and that the Greater Missoula Family YMCA is not responsible for any communication that I may miss due to my failure to provide said information.

Inherent Risk Waiver
Please read the following statements. By becoming a Y Member or participating in Y programs or events, you indicate that you understand and agree to this waiver. A full version of this waiver is available at the Welcome Center.

I hereby acknowledge and agree for myself and my minor child[ren] that participation in the sports, programs, activities and recreational opportunities at and through the Greater Missoula Family YMCA (Missoula Y) comes with inherent risks. I understand and agree that the risks include, but are not limited to

• slips, trips, falls,
• aquatic injuries,
• athletic injuries, and
• exposure to bodily fluids, sweat, and/or illness caused by exposure due to bacteria or viruses, including the novel coronavirus, and any disease it causes.

I understand and agree, as participants in the sports and recreational opportunities offered at the Missoula Y, to assume the inherent risks in those sports or recreational opportunities, whether those risks are known or unknown and that I, for myself and my minor child[ren] am responsible for all injury, illness or death to myself or damage to my property that result from the inherent risks in those sports, programs, activities and recreational opportunities.

By signing this document, for myself and my minor child[ren], I am waiving my right to a jury trial to hold the Missoula Y legally responsible for any injuries, illness or damages resulting from risks inherent in the sports, programs, activities and recreational opportunities offered at or through the Missoula Y, and any damages I or my minor child[ren] may suffer due to the Missoula Y's ordinary negligence that are the result of the Missoula Y's failure to exercise reasonable care.

Marketing & Multimedia Release (Optional)

I hereby grant the Greater Missoula Family YMCA (“Missoula Y”) permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Missoula Y and will not be returned. I hereby irrevocably authorize the Missoula Y, YMCA of the USA, and its third-party affiliates to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. I hereby hold harmless, release, and forever discharge the Missoula Y from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on the behalf of my estate have or may have by reason of this authorization. I understand that a complete version of the marketing release can be found at the Welcome Center. I, the undersigned, have read and understand the above release.