The Kings Bay Y expects members and guests to behave in an appropriate manner. The Kings Bay Y reserves the right to cancel membership and/or terminate program participation without refund for any reason including, but not limited to damage or destruction of Kings Bay Y property, theft, failure to follow proper safety precautions and practices, inappropriate behavior and fighting, harassment of other participants, members of staff, physical or verbal abuse, or use of profanity, failure to pay membership fees, failure to follow policies set by the Kings Bay Y. Bicycles and rollerblades are not permitted in the building or to be left on the ramp. The bicycle rack is available for your use. The Kings Bay Y is not responsible for damage to or theft of bicycles. Smoking in the building is prohibited.
In consideration for being permitted to utilize the facilities, services, and programs of Kings Bay YM-YWHA (hereinafter referred to as “KBY”) for any purpose, including but not limited to observation or use of facilities or equipment, or participation in any program affiliated with KBY, without respect to location, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, 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 KBY 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 programs have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use, or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER KBY FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY PROGRAM AFFILIATED WITH KBY, WITHOUT RESPECT TO LOCATION, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
1) THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE KBY, its directors, officers, employees, and agents (hereinafter referred to as “releases”) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releases 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 KBY, without respect to location.
2) THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in, upon, or about KBY premises or in any way observing or using any facilities or equipment of KBY or participating in any program affiliated with KBY whether caused by the negligence of the releases or otherwise.
3) THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of releases or otherwise while in, about, or upon the premises of KBY and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with KBY.
THE UNDERSIGNED 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, notwithstanding, continue in full legal force and effect.