Membership Agreement

Greater Austin YMCA Membership Agreement

The individual named below, on behalf of themselves and any other family members, including minor children, (referred to as I, or me) desires to obtain membership at Greater Austin YMCA, a Texas nonprofit organization (the YMCA). In consideration of being admitted as a member of the YMCA and in recognition of the YMCA’s reliance hereon, I agree to the following terms and conditions set forth in this Greater Austin YMCA Membership Agreement (this “Agreement”).

Payment Terms
Authorization: I authorize Greater Austin YMCA (“YMCA”) to draft my billing method (credit card, debit card, or checking account) monthly that I have provided on this date.

Billing Updates: Should a change of billing information be necessary, I accept responsibility to update information at least five (5) business days before my next draft date.

Payment Declines: If payment fails, I remain responsible for the amount plus a service fee:

• Charges of $1-$40  will be charged up to $15 service fee
  Charges of $41+  will be charged a up to $30 service fee
• All other declines (e.g., invalid card, expired card), will be charged a $10 service fee
• Membership may be terminated if debts remain unpaid after 10 days.

Join Fee: The YMCA may charge a one-time $49 join fee at the time of account activation.

Membership Rates: The YMCA publishes a list of the membership types offered and the monthly rate online at www.austinymca.org/join.

Additional Fees: The YMCA offers programs and services (such as guest passes, programs, merchandise, etc.) for a one-time fee. Services and fees are disclosed in the Member Handbook.

Rate Adjustments: The YMCA may, at our discretion, adjust the monthly rate applicable to the member’s membership category. The member will receive a 30-day notice prior to any such change.         

Credits & Refunds

Membership Refunds: If I cancel within 30 days of joining, I can request a refund of my initial payment minus a $25 administrative fee. After the 30-day initial period, I understand the YMCA does not refund membership dues if I fail to follow the cancellation process and receive a charge.

Credits (e.g., for overpayment or program cancellation) may be issued as YMCA account credit, valid for 12 months, and non-transferable.

Automatic Renewal, Cancellation, Account Holds, & Changing Membership Type

I understand that my Greater Austin YMCA membership is a month-to-month agreement, which automatically renews unless it is cancelled. Per my authorization, I will pay my monthly fee each month by a charge on my method of payment provided. To cancel, place my membership on hold, or change my membership type, I must submit a request online via my online membership portal or at a Center; phone requests are not accepted.

• Cancellation requests will be processed immediately upon receipt.
• I will retain access to my membership through the end of the period already paid, with no refunds issued for partial months.
• If my account has an outstanding balance at the time of cancellation, cancellation cannot be completed until the balance is paid; however, I may place my membership on hold until the balance is settled.
• If I am enrolled in future programs with a YMCA membership discount at the time of cancellation, I will have two options: 1) remain in the program(s) and pay the non-member rate, or 2) cancel my program registration(s), incurring a $25 administrative fee per cancellation. 10 days prior to termination of membership, if I have not asked to cancel programs or recurring donations, I will continue to pay them until I take action to change those arrangements.

Membership Holds: As a courtesy, the YMCA allows members to place their account on hold up to 3 months a calendar year. Hold requests must be submitted via the online membership portal 10 days prior to draft date to avoid the next month charge. Holds must be in monthly increments and can be released at any time by visiting a Center to reactivate your membership.

Changing Membership Types: Members who wish to change their membership type can request a change via the online form. Requests made within the 10-day notice period will be reflected on the next billing cycle. Rejoining: A joining fee applies after 45 days of inactivity.   

Facility Access and Use

• Entry: I must scan a key fob or barcode at the front desk each visit.
  Equipment: Cardio equipment and free weights are restricted to individuals aged 16 and older. Youth aged 12-15 may use this equipment only if a guardian signs a waiver and the youth completes a fitness orientation.
• Parents are responsible for the safety and supervision of their children at all times. Children under the age of 12 years may not be left unattended in the facility. Children 12 and up entering the facility must have a picture saved in their records.
• Guests: One guest per member is allowed once per year free; additional visits incur a day-use fee. Guests must present a picture ID be accompanied by a member 18 years or older.
• Personal Care Attendants (PCAs): Members requiring a PCA, as a reasonable accommodation under the Americans with Disabilities Act (ADA), must request approval at the front desk. PCAs are not permitted to provide services to others in the facility.
• Member-Provided Services: Members are not allowed to provide services (e.g., training, therapy) to others in the facility.
• Facility Rental: The YMCA may rent space, as available. If you wish to rent space from our facility, please contact us at the front desk.

Conduct and Safety

The Greater Austin YMCA is committed to providing a safe and welcoming environment for all members and guests. To promote safety and comfort for all, all individuals are asked always to act appropriately when in our facility or participating in our programs. We expect persons using the Greater Austin YMCA to act maturely, to behave responsibly, and to respect the rights and dignity of others. Our Member’s Code of Conduct outlines prohibited behavior. The actions listed below (while not an all-inclusive list) are behaviors considered inappropriate in our facilities or programs:

• All YMCA campuses are tobacco, drug and alcohol free. This also includes paraphernalia like e-cigarettes.
• Smoking or vaping is not allowed inside the facility or on the Greater Austin YMCA property
• Carrying or concealing a weapon or any device or object that may be used as a weapon (per Texas Penal Code 30.06 & 30.07)
• Harassment or intimidation by words, gestures, body language, or any type of menacing behavior.
• Physical contact with another person in an angry, aggressive, or threatening way
• Verbally abusive behavior, including angry or vulgar language, swearing, name-calling, or shouting
• Sexually explicit conversation or behavior: any sexual contact with another person
• Inappropriate, immodest, or sexually revealing attire
• Theft or behavior that results in the destruction or loss of property
• Loitering within or on the grounds of the Greater Austin YMCA

In addition, the YMCA reserves the right to deny access or membership to any person who has been accused or convicted of any crime involving sexual abuse, is or has been a registered sex offender.

Due to advances in video equipment and telephone technology, and to ensure the safety, security, and privacy of all members and guests, I acknowledge and agree that the use of any video/picture-taking equipment, including camera phones, is strictly prohibited in the Greater Austin YMCA’s shower rooms, bathrooms, changing rooms, locker rooms, dressing areas, restrooms, and other areas generally deemed private within YMCA facilities. I will refrain from capturing videos or photos that include other members in the background, including for personal social media use, and understand that cell phone usage is permitted only in the lobby or designated cell phone areas.

If a member or guest feels uncomfortable, they should report the behavior to staff immediately. To carry out these policies, we ask that members and guests identify themselves when asked. The Executive Director will investigate all reported incidents. If, in his or her discretion, a violation of the Code of Conduct has occurred, suspension or termination of Greater Austin YMCA membership privileges may result.

I further understand that Greater Austin YMCA management has the authority to amend policies and procedures at any time to ensure the delivery of the highest possible services to the general membership. At the discretion of management, the Greater Austin YMCA may terminate my membership for violating safety rules, behaving in a threatening manner, or failing to follow staff directives.  

Liability and Waiver
I confirm that I am physically capable of participating in YMCA activities. The YMCA is not a medical provider and does not evaluate my health. I am responsible for consulting a physician before starting any exercise program. I agree to use equipment and facilities as intended, following posted rules and staff instructions. In an emergency, I authorize the YMCA to secure medical treatment on my behalf. The YMCA is not liable for interruptions in service due to acts of God, government orders, or other events beyond its control. The YMCA may close facilities due to severe weather or emergencies without liability for refunds; credits may be offered at our discretion.  I understand the YMCA is not responsible for personal or vehicular property loss, damaged, or stolen while members and/or program participants are using YMCA facilities, on YMCA premises, or involved in YMCA programs.  I, ON BEHALF OF MYSELF AND ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, ACKNOWLEDGE THAT I AM AND THEY ARE AWARE AND UNDERSTAND THAT YMCA ACTIVITIES AND PROGRAMS AND MY USE OR ACCESS OF YMCA FACILITIES IN MY PARTICIPATION OF SUCH ACTIVITIES AND PROGRAMS AS A MEMBER OF THE YMCA ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE  THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. NOTWITHSTANDING THE RISK, I, ON BEHALF OF MYSELF AND ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, ACKNOWLEDGE THAT I AM AND THEY ARE KNOWINGLY AND VOLUNTARILY REQUESTING  MEMBERSHIP AT THE YMCA AND PARTICIPATING IN YMCA ACTIVITIES AND PROGRAMS AND USING YMCA FACILITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND I AND THEY HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY AND THEIR PARTICIPATION IN ANY YMCA ACTIVITIES OR PROGRAMS AND MY AND THEIR USE OF THE YMCA FACILITIES, INCLUDING ALL INCIDENTS RELATING THERETO, WHETHER CAUSED BY THE NEGLIGENCE OF THE YMCA OR OTHERWISE, WHILE IN, ABOUT, OR UPON THE PREMISES OF THE YMCA AND/OR WHILE USING THE PREMISES OR ANY FACILITIES OR EQUIPMENT THEREON OR PARTICIPATING IN ANY PROGRAM AFFILIATED WITH THE YMCA, INCLUDING VOLUNTEER SERVICE.  I, ON BEHALF OF MYSELF AND ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, HEREBY EXPRESSLY WAIVE AND RELEASE THE YMCA, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND ASSIGNS, THE ORGANIZERS, VOLUNTEERS, SUPERVISORS, PARTICIPANTS, COACHES, REFEREES (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO MY MEMBERSHIP WITH THE YMCA, INCLUDING ALL ACTIVITIES AND PROGRAMS IN WHICH I OR THEY MAY PARTICIPATE OR ENGAGE AND MY OR THEIR USE OR ACCESS AT YMCA FACILITIES THROUGH MY MEMBERSHIP WITH THE YMCA, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE YMCA OR ANY RELEASEES OR OTHERWISE. I, ON BEHALF OF MYSELF AND ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE YMCA OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE YMCA AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.     I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE YMCA AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY THE YMCA OR ANY OTHER RELEASEES, ARISING OUT OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY MEMBERSHIP WITH THE YMCA, INCLUDING ALL ACTIVITIES AND PROGRAMS IN WHICH I MAY PARTICIPATE OR ENGAGE AND MY USE OR ACCESS AT YMCA FACILITIES THROUGH MY MEMBERSHIP WITH THE YMCA, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE YMCA.

Communicable disease including COVID-19 is an extremely contagious virus that spreads easily through person-to- person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of Communicable disease including COVID-19. Communicable disease including COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in programs and activities or accessing facilities at the YMCA could increase the risk of contracting communicable disease including COVID-19. YMCA in no way warrants that COVID-19 or other communicable disease infections will not occur through participation in programs or use of YMCA facilities.   I ON BEHALF OF MYSELF AND ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, ASSUME FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE FOR COMMUNICABLE DISEASE INCLUDING COVID-19 RELATED TO MY MEMBERSHIP WITH THE YMCA, INCLUDING IN MY OR THEIR PARTICIPATION OR ENGAGEMENT WITH YMCA ACTIVITIES OR PROGRAMS AND MY OR THEIR USE OR ACCESS OF THE YMCA FACILITIES IN MY OR THEIR PARTICIPATION IN OR ENGAGEMENT WITH SUCH ACTIVITIES, WHILE IN, ABOUT, OR UPON THE PREMISES OF THE YMCA AND/OR WHILE USING THE PREMISES OR ANY FACILITIES OR EQUIPMENT THEREON.

I have not relied on any statement, representation, warranty, or agreement of the YMCA or of any other person on the YMCA’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and inures to my benefit and the benefit of the YMCA and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Austin, Texas, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.   BY SIGNING BELOW, I ACKNOWLEDGE, ON BEHALF OF MYSELF AND ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND I AM VOLUNTARILY GIVING UP SUBSTANITAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE YMCA, WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE THE REQUIRED EVIDENCE OF MY ASSENT AND THE ASSENT OF ALL OTHER FAMILY MEMBERS, INCLUDING MINOR CHILDREN, INCLUDED IN OUR MEMBERSHIP WITH THE YMCA, TO COMPLETELY AND UNCONDITIONALLY RELEASE ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.