Dear Editor:

I was pleased to receive the recent notice from the YMCA that they are re-opening, albeit with many restrictions, and beginning to resume activities as we emerge from the quarantine period.

But I am not so pleased to receive their notice of a required liability waiver. I stuck by the Y for the last three months and continued to pay our membership fee in spite of not having access to the facilities and services of the Y. But I object to the required liability waiver primarily for two reasons.

First, the format of the waiver online is misleading and appears intended to make it difficult for members to actually see and read what they are signing. The full waiver is “buried” on the website and it is not entirely clear how to actually get to it to read. On the desktop version there is an inconspicuous slider required to view the text in its entirety. On the tablet version it was not at all obvious to me how to get to the text of the waiver. In either case, it leaves the impression that the intent is for members to sign away their rights without actually knowing what it is they are signing.

Secondly, if one does find their way to read the lengthy waiver document, it is extremely broad including a waiver and pledge to not sue even in cases of negligence on the part of the YMCA. In many jurisdictions, such a broad waiver and release is not enforceable. Which leaves me with the impression that the intent of this waiver is primarily to intimidate and discourage members from holding the Y accountable for their responsibility to act prudently, without negligence, to protect the health and safety of their members.

Despite the fact that I and my family have enjoyed using our Y, I will have to think two or three times about continuing my membership. And I encourage every other member to carefully review the full waiver document before signing away any of your legal rights.

Gerald Homer

Boothbay