Waiver: Unsanctioned Childcare

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Unsanctioned Childcare Waiver and Hold Harmless Agreement

PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

THE YMCA PROHIBITS STAFF MEMBERS FROM CARING FOR, PROVIDING INSTRUCTION TO, OR ENGAGING IN A SOCIAL RELATIONSHIP OUTSIDE OF APPROVED YMCA ACTIVITIES WITH CHILDREN (OTHER THAN FAMILY) WHO PARTICIPATE IN YMCA PROGRAMS OR CLASS ACTIVITIES. THIS POLICY IS DESIGNED FOR THE PROTECTION OF ALL INVOLVED – CHILDREN, STAFF MEMBERS, PARENTS, AND YMCA.


This waiver has been prepared to allow for the administrative approval of a staff member’s involvement outside of this normal policy. APPROVAL SHOULD BE GRANTED ONLY WHERE THERE IS VERIFIABLE PRIOR KNOWLEDGE AND RELATIONSHIP.

[Name], a YMCA staff member, has been asked to provide care/instruction and/or to engage in a social relationship with our child(ren) outside of an approved YMCA program. Having read the cover letter explaining the YMCA’s reasoning for this restriction, it is still the desire of the staff member named above and the parent(s) and/or guardians whose signature appears below to enter into such an agreement (the “undersigned”).

The undersigned hereby assume all risks associated with an outside social relationship with the YMCA staff member. The undersigned understand that the YMCA selects and screens its staff members for its own programs. The undersigned understand that the YMCA can neither anticipate nor control the situations which might arise as a result of allowing a YMCA staff member being engaged with minors outside of an approved YMCA program. The undersigned understand that the above-named individual is not a representative of, nor an agent for, the YMCA.

Additionally, the undersigned agree to hold harmless, release, defend and indemnify the YMCA, its affiliated organizations and companies, and each of their respective agents, employees, representatives, assigns, officers and directors (each hereinafter a “released party”) for any and all liability and/or claims for injury or death to persons or damage to property arising from the outside social relationship with the YMCA staff member, including those claims based on any released parties alleged or actual negligence or breach of any express or implied warranty.

The undersigned takes full responsibility for any injury or loss to myself, my spouse, or child(ren), including death, which I, my spouse, or my child(ren) may suffer, arising in whole or in part out of the outside social relationship with the YMCA staff member. By signing this release, the undersigned agree not to sue any released party and agree that they are releasing any right to make a claim or file a lawsuit against any released party. The undersigned further agreed to defend and indemnify each released party for any and all claims of the undersigned and/or a third-party arising in whole or in part of the outside social relationship with the YMCA staff member. The undersigned agree to pay all costs and attorney's fees incurred by any released party in defending a claim or suit brought.

In the case of a minor in jurisdictions where permitted, the undersigned parents or legal guardian acknowledges that he/she is also signing this release on behalf of their minor and that the minor shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have.


BOTH PARENTS MUST SIGN.

Printed Name of Parent(s)/Guardian:
Date:
Address:
Signed:

Printed Name of Parent(s)/Guardian:
Date:
Address:
Signed:


For YMCA Use Only

Received by the YMCA on:
Placed in Staff Member’s Personnel File:

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