Release, Indemnification and Hold Harmless Agreement

Last Updated: April 3, 2023

This agreement contains information about the Young Men’s Christian Association of Greater Indianapolis.

Modifications to the Agreement

We may modify this Agreement at any time by posting a revised version on this YMCA of Greater Indianapolis website (https:\\agreements.indymca.org) (“Site”). By continuing to utilize our services after any modifications are made to this Agreement, You acknowledge and agree that it is your responsibility to review these Terms of Use from time to time and to be aware of any such changes.

For Participation in All YMCA Programs and Activities

In consideration of participating in YMCA of Greater Indianapolis activities and/or programs, and for other good and valuable consideration, I hereby agree to release, indemnify, hold harmless and discharge from liability the Young Men’s Christian Association of Greater Indianapolis (the “YMCA”) and its owners, directors, officers, employees, agents, board members, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative(s) and estate, from and against any and all liability arising from or in connection with my participation in YMCA activities and/or programs. I also agree and acknowledge the following:

I acknowledge that participating in YMCA activities and programs involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, illness, death, and/or property damage. Risks include, but are not limited to, broken bones, torn ligaments or other injuries or death as a result of falls or contact with other participants; death as a result of drowning or brain damage caused by near drowning in pools or other bodies of water; medical conditions resulting from physical activity; infection, illness, contamination, and/or death (including, but not limited to, exposure to pool chemicals, cleaning chemicals, mold and/or COVID-19 or other viruses) and damaged, lost, damaged or stolen clothing or other property. I understand that such risks cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
I expressly accept and assume all of the risks inherent in these activities, whether or not those risks may have been caused by the acts, omissions, or negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims against a Releasee arising from that Releasee’s intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify them and reimburse them for all such fees and costs.
I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, and I agree to bear any costs not covered by that insurance. I further represent that I have no medical or physical illness or other condition that could adversely impact my safety or the safety of others in connection with participating in this activity, and I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any condition(s) that I do have.
In the event that, in spite of this release, hold harmless and release agreement, I file a lawsuit against a releasee, I agree to do so in the state where the YMCA facility at which the alleged loss or injury occurred is located, and I further agree that the substantive law of that state shall apply.
I agree that if any portion of this release, indemnification and hold harmless agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that any virtual (video) classes that I participate in may be unsupervised, and I assume all risks associated with participating in an unsupervised class or other unsupervised activity.
If I have any questions about any equipment and/or activities I am using (in an unsupervised class or otherwise), I will ask a YMCA staff member before proceeding.
I acknowledge that I have been advised to consult with my doctor about whether I can safely participate in this program and whether there are precautions or limitations to my participation, and that the Releases shall not be responsible for making that determination or for providing any medical treatment.
I understand that the YMCA regularly compares its membership database to the National Registry of Convicted Sex Offenders and will terminate the membership of anyone is registered as a sex offender.
I agree that if I am hurt or die or my property is lost or damaged 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 Releasees.
I have had sufficient time to read this entire document and , if I chose to do so, consult with legal counsel prior to signing. Also, I understand that YMCA Activities and programs might not be made available to me or that the costs to engage in this activity would be significantly greater if i were to choose not to sign this document. I 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 understand this document and I agree to be bound by its term

Parent or Guardian Additional Agreement

In consideration of the minor in my custody, I am permitting them to participate in this activity/program, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.

I have read and understand this document and I agree to be bound by its terms on behalf of my minor.