IN CONSIDERATION for being permitted to utilize the facilities, services, and programs of the YMCA of Orange County (the “YMCA”) (or for my children to so participate) for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any off-site program affiliated with the YMCA, the undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs, and next of kin (hereinafter referred to as “the undersigned”) hereby acknowledges, agrees and represents that he or she has inspected, or immediately upon entering or participating will inspect, and carefully consider such premises and facilities and/or the affiliated program. It is further warranted that such entry into the YMCA 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 program 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 by the undersigned and such children. 

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE YMCA FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY ON-SITE OR OFF-SITE PROGRAM AFFILIATED WITH THE YMCA, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING: 

THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the YMCA, its directors, officers, employees, volunteers and agents (hereinafter referred to as “Releasees”) from all liability to the undersigned or such children and all personal representatives, assigns, heirs, and next of kin of the undersigned for any loss or damage, and any claim or demands on account of injury to the person or property or resulting in death of the undersigned or such children whether caused by the negligence, active or passive, of the Releasees or otherwise while the undersigned or such children is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the YMCA. The undersigned expressly and knowingly waives all rights under California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, of the Releasees or otherwise while the undersigned or such children is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the YMCA. The undersigned understands and agrees that the YMCA is not required to provide insurance to cover the undersigned or such children in the event they suffer injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the YMCA. 

The undersigned agrees and acknowledges that use of the YMCA facilities and services, and participation in the YMCA programs, may involve inherent danger and risk, including, without limitation, the risk of physical injury, death or property damage. THE UNDERSIGNED HEREBY 

43904962v.2 Revised August 17, 2018 

ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such children due to negligence, active or passive, of Releasees 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. The undersigned acknowledges that any injuries that the undersigned or such children sustain may be compounded by negligent first aid or emergency response of the Releasees and waive any claim in respect thereof. 

THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE YMCA IN CASE OF INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THE YMCA THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S). 

The purpose of the Adventure Guides programs is for parent(s)/guardian(s) to spend quality time with their child(ren) engaging in activities and events that provide lasting memories. As a YMCA of Orange County program, Adventure guides activities and events are free from any substance that may inhibit our ability to maintain a fun, positive, and safe environment that promotes a healthy, spirit, mind, and body for all. 

Additionally, because of the demand for good campgrounds, the YMCA often reserves space and signs contracts for camps up to a year in advance. The majority of these camps do not allow alcohol or drugs (include those legal in California) on their premises and can exclude an entire YMCA if the ban is violated, depriving thousands of program members the opportunity to hold events there. 

A STRICT ALCOHOL/DRUG BAN is mandated at all campouts and program events. The ban policy refers to the possession and/or consumption of all alcoholic beverages and/or controlled substances, including marijuana of any form. 

Additionally, individuals who are taking prescription medication that may impair physical or mental function are expected to avoid activities that would place himself or herself, participants, or any individual at risk. 

THE PENALTIES FOR ALCOHOL/DRUG BAN VIOLATIONS will include any or all of the following (as determined by a special panel): 

1.Immediate removal of all alcoholic beverages or drugs (and for drugs immediateexpulsion from event).

 
2.Exclusion from future campouts and/or events for the violator and his or herchild(ren).

 
3.Exclusion from future campouts and/or events for the entire circle of the violator.

 
4.Expulsion from the Adventure Guide Program for the violator and his or herchild(ren)

 
5.Expulsion from the Adventure Guide Program for the entire circle of the violator.

 
Help preserve the enjoyment for you, your child and everyone else 

OBEY THE ZERO TOLERANCE POLICY! 

The YMCA Adventure Guides program is heavily based on rituals and traditions that bring the sense of continuity, community, intrigue and magic to the program. The program today centers on the following for both parent and child: 

1. To be clean in body and pure in heart. 

2. To be friends forever with my dad/mom/son/daughter 

3. To love the sacred circle of my family 

4. To listen while others speak 

5. To love my neighbor as myself 

6. To respect the traditions and beliefs of all people 

7. To seek and preserve the beauty of Our Creator’s work in forest, field and stream 

 

RESPONSIBILITY 

In joining the Adventure Guides program, I agree to uphold the aims of the program and place in high regard my responsibility as a parent and as a role model for all youth in the program. I will supervise my child (ren) at all events, be respectful of all rules and regulations set forth for facilities used by our program, and at all times set an example consistent with the YMCA purpose and mission. 

CODE OF BEHAVIOR 

As a member of the YMCA Adventure Guides program, I agree to uphold the YMCA of Orange County Adventure Guides programs standards. I agree to not bring or consume alcoholic beverages or drugs (including those legal in California) at any YMCA sponsored event in accordance with the Zero Tolerance Policy. I understand that weapons of any kind (knives, guns (including pellet, BB, airsoft, et. al) are banned from all YMCA Adventure Guides meetings and events unless provided by and supervised by camp staff with appropriate safe use instructions. I understand that if I am found in violation of these policies, I may be asked to leave the program immediately and forfeit any monies that I have paid. 

REFUNDS 

Program fees are not refundable. Event Fees include all fees paid at the time of registration 

YMCA of ORANGE COUNTY 

for a specific event. Some events have a clearly stated no refund policy. In all other situations the YMCA requires to be notified within 10 days of the start of the event to process a refund. Notification must be made to the Program Director by email, mail or phone call. 

My signature below indicates that I have received and will abide by the Adventure Guides policies, the Adventure Guides Zero Tolerance Policy and I have read and understand the terms of the Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms. 

I am 18 years of age or older and, if not, my parent or legal guardian has also provided their consent by signing below.

Consent & License. For my participation in activities to be conducted by the YMCA of Orange County or any of its chartered member associations in the United States (collectively “the Y”), and collaborating third parties, I consent, now and for all time, to the making, reproduction, editing, broadcasting or rebroadcasting of:

• video film or footage of me,
• sound track recordings of me
• photo reproductions of me
• any narrative account of my experience

My consent includes a perpetual license to the Y and collaborating third-parties for the use of the above materials for publication, display, sale or exhibition in promotions, advertising, education and commercial uses. Use includes reproductions in any form and media currently existing or later conceived, adaptations and/or revisions, throughout the world in perpetuity.

I understand and agree there may be no additional compensation for this license, and I will not make any claim for payment of any kind from the Y or collaborating third-parties. I may, or may not be, identified in such licensed uses; however, my name will not be used to endorse any particular products or services.

Ownership, Confidentiality, and Shared Use. With respect to any of the above uses, I further agree:

• All works shall belong to YMCA of Orange County;
• The Y has no duty of confidentiality regarding any licensed uses;
• YMCA of Orange County shall exclusively own all known or later existing rights to the uses throughout the world;
• The Y and collaborating third-parties may use any video film, footage, sound track recordings and photo reproductions of me and/or my narrative account for any purpose without additional compensation to me.

Release from Liability. I agree that my consent is irrevocable. I hereby release and discharge The Y and collaborating third-parties, from any and all claims, actions, lawsuits or demands of any kind arising out of my consent, license grants, uses, or the shared uses of any works or materials referenced herein.

I am the parent or legal guardian of (child’s name). I hereby consent and grant the licenses detailed in the foregoing on behalf of my minor child.