YMCA of the Triangle

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FOR YOUTH DEVELOPMENT
FOR HEALTHY LIVING
FOR SOCIAL RESPONSIBILITY

Policies

Program

Program Changes

In order to transfer a weekly session, such as Summer Day Camp, Track Out Camp or Intersession, the YMCA must receive a written notice two weeks prior to the start of the program. The $10 deposit is nonrefundable, however, it is transferable to another weekly session.

In order to change a yearly program, such as After School, Before School and All Year Track Out Camp, the YMCA must receive a written notice two weeks prior to the start of the change in the program. The registration fee is nonrefundable and non-transferable. A new registration fee will be charged per change. 

You may contact the YMCA online to request a program change. 

Waitlist

If you purchased a waitlisted program, the YMCA will contact you to confirm your status prior to the start of the program. If no space becomes available, you will receive a full refund.

If you were added to a waitlist, but have not paid for the program, the YMCA will contact you to confirm your status and collect payment prior to the start of the program. If no space becomes available, there will be no refund.

Late Fees

Weekly programs, like Tracking Out, Intersession or Summer Day Camp, have a $20 late fee added to the price of the program when registering three days or less before the program start date.

Daily programs, like Holiday Care Days, have a $10 late fee added to the price of the program when registering three days or less before the program start date.

Yearly programs, like Before School or After School, do not have a late fee, however, you must be registered by Thursday to start the following Monday.

Payments

The number of service days varies in each month based on the school calendar. For your convenience, the annual program fee is spread evenly across your child's enrollment period. Each monthly payment is the same each month for easy budgeting.

Example:
September has 21 school days: monthly payment is $189
December has 13 school days: monthly payment is $189

Drafts

YMCA Summer Day Camp sessions and YMCA Tracking Out Weeks require a $10 deposit due at the time of registration. Parents may pay for sessions in full or the YMCA will draft on the first of the month for that month's weeks of programs. (For example, a July 1 draft would pay for all July weeks of camp. An October 1 draft would pay for all October weeks of Tracking Out.)

Once the first of the month has passed, the YMCA requires payment in full for that month's weeks of camp. 

Once a child is registered, parents may visit their online account and pay down their balance ahead of a scheduled draft.. This can be useful if you need to reduce your monthly drafts or wish to pay ahead for camp. We accept debit and credit cards, including Visa, MasterCard or American Express, online and cash, check, or debit or credit cards at the YMCA branch. 

YMCA School Programs, including After School, Before School and All-Year Tracking Out, require a $10 deposit due at the time of registration. The YMCA will draft once a month based on the pricing schedule above. 

Inclement Weather Policy

YMCA Programs held at schools
If schools are delayed...

Before School programs are delayed by the same amount of time. If schools are delayed by two hours, the YMCA Before School starts two hours later.

If schools close early ...

YMCA school youth programs will be closed. YMCA transportation will not pick up students from schools. Parents must pick up students from schools.

If schools are closed ...

YMCA school youth programs are closed

YMCA Programs held at YMCAs
If schools are delayed...

Tracking Out will open if the YMCA is able to open the facility and determine that our staff can safely get to work. We will only serve children currently registered for Tracking Out. Otherwise, Tacking Out will follow the delayed schedule of the school system. For example, if schools are delayed by two hours, then YMCA Tracking Out will start at 9 a.m., two hours past the normal start time of 7 a.m.

If schools close early ...

YMCA After School and Tracking Out will be closed. YMCA transportation will not pick up students from schools. Parents must pick up students from schools. The YMCA will not transport students to school sites. Parents must pick up children from YMCA Tracking Out immediately. (This only applies to school closings due to inclement weather)

If schools are closed ...

Before School, After School and Tracking Out are closed. Tracking Out may open if we are able to open the facility and determine that our staff can safely get to work. We will only serve children registered for Tracking Out that day.

Youth Programs Illness Policy

Please do not send your child to YMCA programs with any of the following symptoms:

  • Sore throat
  • Excessive coughing
  • Diarrhea or vomiting
  • Fever
  • Head lice
  • Undiagnosed rash, sore, or other skin condition
  • Any other contagious disease or symptom

A child must be diarrhea, vomiting and fever-free for a full 24 hours before returning to the program. The Center for Disease Control (CDC) considers a person to have a fever when he or she has a measured temperature of at least 100.4 degrees Fahrenheit. 

A physician's note may be required before re-admitting a child to a program. 

Summer Day Camp Promotional Giveaway

The YMCA is giving one lucky child a free summer of day camp! Register by April 1 to enter. There is one entry per child for each week of camp purchased. Winning child receives a maximum of 10 YMCA Summer Day Camp weeks free. The child who was drawn is the only child who can use the free weeks. Weeks cannot be shared between siblings or friends. There will be one winner per branch. The winner may only use the free weeks at the branch they originally registered at. Drawing will be held by April 9. Winners will be notified by April 17. YMCA staff are ineligible to participate. 

 

Cancellations

In order to cancel a Summer Day Camp, Track Out Camp or Intersession week, the YMCA must receive written cancelation notice two weeks prior to the first day of a program. The $10 deposit is non-refundable. Not attending the program does not entitle you to a refund.

In order to cancel a Child Care program (Before School, After School, or Track Out all year), the YMCA must receive written cancelation notice two weeks prior to the child’s last date of attendance. The $10 deposit is non-refundable. The cancelation notice is required to stop future automated payments. Not attending the program does not entitle you to a refund. 

In order to cancel a Sport, Swim Lesson, Holiday Care or other programs that require payment in full at the time of registration, the YMCA must receive written notice prior to the start of the program. You will be charged a $10 nonrefundable registration fee. If canceling after the program has begun, you will be charged for the full rate of the program.

Refunds

If a refund is due, the refund will first be applied to any past due balances (program fees, membership dues, etc.). YMCA registration fees and/or deposits are nonrefundable. All refunds are issued to the original form of payment. Refunds are issued within two weeks of the cancelation date.

Not attending the program does not entitle you to a refund. When you enroll your child, you are reserving space, time, and staffing whether or not your child attends the program.

For yearly programs, such as After School, Before School, and All Year Track Out Camp, if the number of service days used exceeds the amount paid, you will be charged the difference. If you have overpaid, a refund will be issued. 

 

YMCA Membership Policies

Joining the YMCA

Can you explain the YMCAs Joining Fee?

The joining fee is a nonrefundable, one-time fee that is paid upon joining. As long as the membership remains continuous, the joining fee is only paid once. You may divide the joining fee into four monthly payments at the start of your membership.

If you discontinue your membership before completing all four payments, you will continue to be drafted for the remainder of the joining fee until paid in full. As of January 2020, if a member rejoins within three months, the joining fee is waived.

The joining fee is based on your membership type. If you upgrade your membership within the first six months, you will be responsible for the difference in the joining fee. In addition, no refunds will be issued for a membership downgrade.

What are my payment options at the YMCA?

We accept major credit/debit cards (Visa, MasterCard, Amex), checks and prepaid credit/debit cards. Your automatic withdrawal date will normally be the 1st, 9th, 17th or 24th of each month. IMPORTANT: If your draft date falls on a weekend or bank holiday, you will be drafted the following business day.

It is your responsibility to notify your YMCA branch or the Customer Service Center to update your payment information.

Membership Types and Dependents

Can you explain the member types and who is a dependent?

Membership Types and Ages

  • Young Adult: Ages 14 - 28
  • Adult: Age 29 - 64
  • Senior Adult: Age 65 and older
  • Dependents: Age 22 and younger

*Dependents may include grandchildren and other children for whom the member is the guardian and tax dependent, Dependents must be removed from the membership within six months following their 23rd birthday. Dependents may join as a young adult without paying a joining fee. After six months, a joining fee will be required. 

Membership Card Policy

All members are required to have their photo taken. The photo will only be used in the YMCA's internal system.

NATIONWIDE MEMBERSHIP

I have a YMCA membership in another state, can I visit your YMCA?

Visiting active YMCA members from any other state are welcome to visit a YMCA of the Triangle branch free of charge. YMCA Nationwide Membership restrictions may apply. Visiting members from YMCAs outside the YMCA of the Triangle are not eligible for member program pricing. 

Does it matter which YMCA I join?

We ask that you join the YMCA location you plan to use the most. Usually, this is the YMCA closest to where you live and/or work. As a YMCA member, you have access to all YMCAs in the Triangle and beyond.

Usage

Periodically, we review member usage statistics. We may notify you and transfer your branch affiliation and fees to the YMCA you frequent the most.

Middle Schoolers

What is my middle schooler eligible to do?

Middle Schoolers in rising grades 6 - 8 who have completed a Middle School Orientation will receive a membership card allowing entrance to the Y without a parent for the following facility areas:

  • Machine weights
  • Cardio machines
  • Gym
  • Group fitness classes (class exceptions: Yoga, Strength classes, Pilates)
  • Pool (must have acquired their black band)

Middle schoolers are permitted to use free weights while being accompanied by an adult.
(Kerr Family YMCA members, please read their specific middle school policy)

Age 13 and Younger

All members under the age of 14 who have not completed a Middle School Orientation must be in a structured activity, such as Youth Sports, Swim Lessons or be under the direct supervision of an adult, age 18 and older while on the Wellness Floor. Children younger than middle school are not allowed on the Wellness Floor.

Age 14 and Older

Members age 14 and older may use the YMCA facility without parental supervision.

Middle School Guest Policy

Middle school members who have completed Middle School Orientation may bring a guest who is age 14 or older.

GUEST Policy & Fees

Are guests welcome at the YMCA?

Guests who reside within a YMCA of the Triangle service area* must be accompanied by a YMCA of the Triangle member and pay guest fees per visit.

Guests who reside outside the service area must be accompanied by a YMCA of the Triangle member and may receive three visits per year. After that time, guest fees apply.

Guests must check in and provide photo identification.

*YMCA of the Triangle service area includes Wake, Johnston, Durham, Orange, Lee and Chatham counties.

Are there any restrictions/exclusions that may apply?

Some branches may have restrictions on guests accessing space due to heavy member usage of that space (ie basketball court, summer pool hours/days). Check with the visiting branch before you arrive to see if restrictions are in place.

Who can bring a guest to the YMCA?

Members age 14 and older are allowed to bring a guest with them to the YMCA.

What are the guest fees?

  • Adult (age 18 and up): $10 per day
  • Student (age 17 and under, no child care): $5 per day
  • Child (5th grade and below, includes onsite child care*): $8 per visit

*Onsite child care is two hours maximum per day and the guest must be in the YMCA facility during this time. 

POOL USE AND SAFETY GUIDELINES

Please observe all pool rules posted at YMCA indoor and outdoor pools. If you have questions or need further assistance, please speak with an Aquatics staff member at your branch.

The top three rules at all YMCA pools are:

  • Leave all glass, alcohol and pets at home.
  • Inflatable items, such as water wings, inner tubes and rafts, are prohibited in YMCA pools.
  • Children and non-swimmers must be supervised by an adult age 18 and older at all times.

Swim Assessment and Swim Bands

Children in grades 8 and below can be assessed in order to earn a swim band. The first swim band is free, and replacement bands can be purchased for $3. Swimmers not wearing swim bands must use the shallow end of the pool. The lifeguard administering the test determines whether the swimmer has earned a band.

MEMBERSHIP CHANGES

How do I make a change to my membership type?

If you have been a member for over six months, you may upgrade to any membership category without paying an additional joining fee

Changes made to membership types are pro-rated based on the date of the upgrade/downgrade and the new membership category pricing. You will be drafted these pro-rated fees in addition to your next monthly rate.

How do I change my personal information?

Please stop by, or call, your branch’s Welcome Center to update any changes to your personal information. You can also access and update your information through your YMCA online account here.

Cancellations

Do you offer financial assistance?

If you are having trouble with a YMCA membership due to financial circumstances, please take a minute to call or visit your YMCA branch and speak with a staff member about Financial Assistance. The YMCA helps hundreds of people each year with membership scholarships. 

What is the process to cancel my membership?

If you need to cancel your Y membership, please provide written documentation to your YMCA branch in person or the Customer Service Center by email no less than 15 days before your automatic payment withdrawal. Cancellation is not complete until written confirmation is provided by the YMCA.

You are responsible for checking your bank and credit card accounts to ensure that automatic payments have been stopped.

Rejoining, refunds & returned payments

If I decide to rejoin the YMCA, do I have to pay the joining fee again?

Beginning, January 1, 2020, members who cancel their membership and rejoin within three months pay no joining fee; rejoins within four to six months pay 50% of the joining fee; rejoins after seven months pay the full joining fee.

Can I get a refund for my dues and fees?

YMCA joining fees, membership dues and child care deposits are nonrefundable.

What happens if I have a returned payment?

The YMCA will attempt to collect all returned outstanding payments until they are paid in full. All returned drafts or checks are subject to a $25 collection fee. If two drafts are returned within six months, draft privileges may be revoked and all fees must be paid in advance.

If your draft is returned, it will be resubmitted on the YMCAs next draft date. Your financial institution may charge a fee for each unsuccessful draft attempt. The YMCA will not reimburse bank fees due to draft attempts.

If credit or debit card payments are rejected, it is your responsibility to contact your YMCA branch or Customer Service Center to resolve payment issues.

Membership Hold Policy

YMCA of the Triangle members may temporarily hold their membership - for a minimum of one month and a maximum of six consecutive months during one year. To place a hold on membership, members must fill out the membership change form at any Y branch Welcome Center. A monthly fee of $10 will be paid for the duration of the hold periods. Annual memberships may be put on hold by paying the monthly fees of $10 upfront.

CHECK-IN

All members and guests are required to check-in at the Welcome Center or front desk. All members must have their membership card when checking in.

CODE OF CONDUCT

All members must adhere to the YMCA of the Triangle Member Code of Conduct / Codigo De Conducta Del YMCA.  

USDA Non-Discrimination Statement

The U.S Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the bases of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found at http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA office, or call 866.632.9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax 202.690.7442 or email at program.intake@usda.gov.

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at 800.877.8339; or 800.845.6136 (Spanish).

USDA is an equal opportunity provider and employer.

 

ADA Compliance Policy

The YMCA of the Triangle is committed to its role in providing equal opportunity and access to any individual.

YMCA of the Triangle does not discriminate against any individual, including individuals with diabetes, on the basis of a disability or on the basis of any individual’s association or relationship with an individual with a disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered at any of its locations. The YMCA of the Triangle will make reasonable modifications for individuals with diabetes or other disability upon request from them or, if the disabled individual is a child, from the child's parent or guardian, unless such a request amounts to a fundamental alteration of the relevant program (i.e., child care, camps, before and after school programs, classes and recreational programs).  The provision of reasonable modifications is not limited to urgent, non-routine situations, and YMCA of the Triangle will make individualized determinations based on the specific facts of each request and will not apply a general prohibition against providing particular types of reasonable modifications. 

If you have questions about ADA accommodations at the YMCA, please email our ADA Officer for assistance. The ADA Compliance Officer will contact you within three business days.

 

Privacy Policy

We keep your private information private by

Not selling your information. You have entrusted the National Council of Young Men’s Christian Associations of the United States of America and its independent and autonomous member associations (collectively “The Y”) with your personal information, and we're committed to using it wisely. The Y will not sell, share or otherwise transfer your personal information to anyone without your consent.

Restricting who has access to your information. The Y takes reasonable precautions to restrict access to your Internet account and personal information only by employees authorized to have such access for business purposes. If you have any questions or concerns about our privacy policy, please contact us at privacy@ymcatriangle.org.

Please refer to this policy regularly. The Y may need to change this policy from time to time to address new issues and reflect changes on our websites or within YMCA branches. We will post material changes on our websites or otherwise notify you and update the “Last Date Updated” field in the “Revision History” at the bottom of this page so that you will always know our policies regarding what information we gather, how we might use that information, and whether we will disclose that information to anyone.

Scope of Privacy Policy

This policy applies to the personal information that you provide to The Y, either through our websites and mobile applications or in person at a YMCA branch or program site. This policy does not apply to your use of unaffiliated sites to which our websites link.  This policy does not apply to Personal Health Information (“PHI”) collected through the YMCA Diabetes Prevention Program or any other program offered by The Y that requires the collection of PHI or other HIPPA protected information.

Collection of Personally Identifiable Information

The Y collects personally identifiable information (PII) from you when you voluntarily submit such information to us. The collection of PII may occur in person or on a website or mobile application operated, provided or otherwise controlled by The Y. This information may include your name, home address, email address, telephone number, date of birth, demographic information, sex-offender status, membership status, emergency contact information, and other information that we may need to collect in connection with certain events, including but not limited to:

  • registration for, or participation in, events, classes, camps, and other activities or programs offered by The Y;
  • participation in YMCA Nationwide Membership
  • registration for surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, or other services or activities offered on our website;
  • answering your inquiries about our websites, organization, membership, or other services or activities;
  • registration as a member of The Y

Collection of Photographs

The Y may also collect your photograph, by capturing your image at a YMCA or scanning your personal identification card, for the purpose of identifying you as a member, volunteer or program participant.  Your photograph will not be used for any commercial purpose without your authorization, and shall not be retained longer than three years from your last interaction with The Y.

Use and Disclosure of PII

If you do provide us with PII, The Y may contact you based on the information you provide to communicate with you about YMCA activities that may be of interest to you and your family.

The Y will use its best efforts to never disclose any PII about you to any third-party for purposes unrelated to the YMCA without having received your permission except as provided for herein or otherwise as permitted or required under applicable law.

We do not rent or sell PII, including information provided about children, to third-parties. The Y may share PII with trusted service providers, such as payment processors, technology partners or other providers that need access to your information to provide operational or other support services while you are a YMCA member or program participant. In certain circumstances, we may also share information with select similar nonprofit organizations that may offer activities of interest to you.

We may also provide PII to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.

Collection of Payment Transaction Information

When you make a payment or donation, we collect information to process the financial transaction and may use that information to contact you in the future about The Y and its programs. Your payment information is transmitted to us, using a secure Internet method that helps maintain the privacy of this information. During the time your payment information resides on our computers, it is in an encrypted format and can only be accessed by authorized personnel with a decryption key.

Collection of Non-Personally Identifiable Information

We collect non-personally identifiable information without limitation, through the use of the following types of methodology:

“Cookie” technology: A cookie is an element of data that a website can send to your browser, which may then store it on your system to help enhance your experience in using our sites and to provide us with technical information about your usage.

IP address tracking: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.

Web beacons: A web beacon, or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.

Non-personally identifiable information might include the browser you use, the type of computer you use, technical information about your means of connection to our websites (such as the operating systems and the Internet service providers utilized), and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our websites and about the links you may select from within the sites to other areas of the World Wide Web or elsewhere online.

Although an industry-standard do-not-track (DNT) protocol has not yet been established, The Y’s information collection and disclosure practices and the choices it offers to consumers will continue to operate as described in this Policy.

Use of Non-Personally Identifiable Information

We use non-personally identifiable information for our purposes related to running YMCAs and their programs, and, in particular, to administering websites, and, in the aggregate, to determine what technologies are being used.   We may also share aggregate, non-personally identifiable information with third-parties.

Collection of Sensitive Information

Where necessary, The Y may collect certain sensitive information from you, including

  • payment card or bank account information to process fees or donations;
  • health information in connection with various fitness programs, programs in which we are responsible for supervising children, health screenings, or other health service events that we may provide from time to time;

Access to sensitive information is restricted to those individuals who have a legitimate need for access. We will not use or disclose your information to third-parties unless such disclosure is necessary to accomplish the purpose for which the information is collected.

Privacy of Children

We are mindful that young people need special safeguards and privacy protection. We realize that they may not understand or be able to meaningfully consent to the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We strongly urge all parents or legal guardians to participate in their children’s exploration of the Internet and any online services and to teach their children about protecting their personal information while online.

To provide the services we offer, we sometimes need to collect certain information about children in both online and offline contexts. If we ask for PII from children under 13 in connection with our online services, where required we will comply with the Children’s Online Privacy Protection Act (COPPA), including taking additional steps to protect the privacy of such information, including

  • obtaining verifiable consent from the parent or legal guardian of the child before collecting or using the child’s PII;
  • notifying parents about what PII is being requested and how that PII will be used and/or shared, such as through this policy;
  • limiting the online collection of PII from children to no more than is reasonably necessary to accomplish the purpose of the collection;
  • giving parents a description of and access to the PII we have collected from their children;
  • offering them the opportunity to request that such PII be changed or deleted;
  • offering them an opportunity to prevent any further use or collection of information about their children; and
  • maintaining reasonable procedures to ensure the confidentiality, security and integrity of the personal information collected.

We may also need to collect certain information about children and minors in an offline context, such as when

  • a parent or legal guardian of minor signs up for a membership including the child at a local YMCA, or for a program or camp we offer at one of our locations; and
  • minors visit our facilities without a membership, where we may collect information about them to be able to contact their parent or legal guardian to notify them of an injury or other issues involving the minor.

Links to Other Sites

Users may find other content on our websites that link to the sites and services of other third-parties. We do not control the content or links appearing on these sites. Third-party sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.

Choice/Opt-Out

If you opt-in to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt out of a feature, you may change your options by contacting privacy@ymcatriangle.org. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with this policy.

Personal Data Access and Accuracy

You may contact The Y with inquiries or complaints regarding the use of information about you. We will use reasonable efforts to grant reasonable requests to access data about the requester. We will also make reasonable requests to correct any incorrect or misleading data about the requester.

SECURITY

YMCAs take appropriate administrative, technical, and physical measures to safeguard against unauthorized processing of personal information, and against the accidental loss of, or damage to, personal data.  However, The Y cannot provide an absolute guarantee of the security of any of our websites or any other site on the Internet.

Consent to Transfer

YMCA websites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to The Y will be transferred to the United States By using YMCA websites, participating in any YMCA services, and/or providing us with your information, you consent to this transfer.

Updating your Personal Information

You can update your personal information by emailing us at privacy@ymcatriangle.org or via a written request mailed to: Customer Service, 801 Corporate Center Dr, Raleigh, NC 27607. Please do not send Social Security numbers or other sensitive information to us via unencrypted email.

Standard Purchasing Terms and Conditions

Acceptance of Order

This purchase order (this “Order”) is an offer to purchase the goods and/or services set forth on the face hereof (the “Goods” and/or “Services”) and shall become a binding contract subject to the terms and conditions set forth herein when accepted by Vendor’s acknowledgment OR commencement of performance.  Vendor’s acknowledgment of the terms of this purchase order or Vendor’s shipment or performance of any part of this Order, constitutes an agreement to all terms and conditions set forth herein and on the face of this Order and on any attachments hereto with respect to the purchase by YMCA of the Triangle of the Triangle Area, Inc. (“YMCA”), and such terms and conditions, together with any other written agreement signed by Vendor and YMCA’s Chief Financial Officer (or designee) that deals with the same subject matter as this Order, shall constitute the entire agreement (“The Contract”) between Vendor and YMCA.  This order can be accepted only on the exact terms and conditions stated herein and no additional or supplemental terms or conditions stated by Vendor that may appear in Vendor’s quotation, Vendor’s acknowledgment, Vendor’s invoice or in any other communication from Vendor shall be deemed accepted by or binding on YMCA.  YMCA hereby expressly rejects all such provisions which supplement, modify or otherwise vary from the terms of this Order, and such provisions are superseded by the terms and conditions stated herein, unless and until expressly accepted in writing by YMCA.  Notwithstanding anything to the contrary herein, if any of the terms or conditions of this Order conflict with or are inconsistent with any of the terms or conditions of a written agreement signed by Vendor and YMCA that deals with the same subject matter of this Order, then the terms and conditions of the agreement shall control.  Stenographic and clerical errors and omissions are subject to correction.

Prices

Vendor shall furnish and deliver the Goods and/or Services covered by this Order in accordance with the prices and delivery schedule stated on the face hereof.  The quantities and prices of the Goods and/or Services as indicated on the face hereof may not be exceeded without the prior written authorization from YMCA.  YMCA is not responsible for goods delivered or services performed without an approved PO.

Risk of Loss

Unless expressly stated otherwise on the face hereof, all Goods shall be shipped Free-On-Board (FOB) Destination, and delivered to the destination indicated on the front of the PO.  Risk of loss shall not pass to the YMCA until the Goods have been received and accepted by the YMCA at the specified destination.  Vendor assumes full responsibility for packaging, crating, marking, transportation and liability for loss and/or damage even if the YMCA has agreed to pay freight, express or other transportation charges. 

INVOICING AND PAYMENTS

Invoices must reference a valid PO number and must be itemized in accordance with items listed on the PO.  Failure to comply with this requirement may delay processing of invoices for payment.  Invoices are to be sent to YMCA of the Triangle, Accounts Payable, via the YMCA’s electronic invoicing (e-Invoice) service. Register for the e-Invoice Service by visiting https://r.basware.com/ymcatriangle. Vendors not registered for the YMCA e-Invoice service shall email invoices to AccountsPayable@ymcatriangle.org in a readable PDF format for processing and will have thirty (30) days thereafter to register for the YMCA e-Invoice service.  Invoices not submitted via the e-Invoice service after the 30-day window will not be accepted.  For all invoices subject to a prompt payment discount, the discount period will be calculated from the date a correct invoice is received or the date goods and or services are received, whichever is later.  Payment terms are Net 30 days after receipt of correct invoice or acceptance of goods, whichever occurs later.

TAXES

YMCA is not exempt from State and Local Sales and Use tax.  Any applicable taxes shall be applied and invoiced as a separate line item.

CHANGES AND SUBSTITUTIONS

YMCA reserves the right to make changes to this Order upon reasonable notice to Vendor.  Any difference in price, delivery or warranty resulting from such changes shall be equitably adjusted and the Order modified accordingly in writing prior to the execution of such change.  Substitution by Vendor of Goods other than those specified in this Order shall not be permitted except by prior written approval by YMCA.   Nothing contained herein shall relieve Vendor from proceeding without delay to perform this Order.

CONDITION AND PACKAGING

Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition.  The YMCA PO number must be displayed on all shipping cartons and manifests.

INSPECTION AND ACCEPTANCE

All products, supplies, and materials ordered, as well as services rendered, are subject to inspection and testing at the discretion of YMCA at any reasonable time and from time to time before, during or after production or delivery.  YMCA reserves the right to reject any Goods or Services not in strict conformity with the terms of this Order.  Rejected Goods shall be returned to Vendor, and the Vendor shall be fully responsible for any applicable postage, freight, and restocking charges.  Invoices shall not be paid until YMCA verifies that the items and/or services ordered were received and acceptable.

WARRANTIES

Vendor warrants that all Goods delivered and all Services performed hereunder will be free from defects in materials and workmanship and will conform strictly to the specifications, drawings, or samples specified or furnished.  This warranty shall survive any inspection, delivery, acceptance, or payment by YMCA for the Goods and/or Services and shall extend to YMCA, its customers and any user of the Goods and/or Services.  This express warranty is in addition to Vendor’s implied warranties of merchantability and fitness for a particular purpose which shall not be disclaimed.  Warranty periods shall not begin prior to acceptance of Goods and/or Services by YMCA.  

REMEDIES FOR BREACH OF WARRANTY

In addition to its right to reject nonconforming Goods/Services, YMCA shall be entitled to all rights and remedies provided by Chapter 25 of the NC General Statutes (the Uniform Commercial Code) for breach of express warranties and implied warranties of merchantability or fitness for a particular purpose, including but not limited to consequential and incidental damages.

INSURANCE COVERAGE

Vendor, at its sole cost and expense, shall be responsible for securing any and all insurance of such type and with such terms and limits as may be reasonably associated with its line of business, including but not limited to commercial general liability, professional liability, automobile, or errors and omissions coverage.

INDEMNIFICATION

Vendor agrees to indemnify and hold YMCA, its officer, agents and employees, harmless from any damage and/or liability of whatsoever type or nature or howsoever incurred, arising from or incurred in connection with Vendor’s performance under this Order/Contract or out of or in connection with the purchase, use, rental, or resale by anyone of Goods furnished, unless said damage or liability is caused by the sole negligence of YMCA or its officers, agents or employees.  The Vendor represents and warrants that it shall make no claim of any kind or nature against the YMCA’s officers, agents or employees who are involved in the delivery or processing of Vendor deliverables to the YMCA. The representation and warranty in the preceding sentence shall survive the termination or expiration of this Order/Contract.

TERMINATION FOR CONVENIENCE

YMCA may terminate all or any part of this Order for convenience at any time by written notice to the Vendor.  Upon such termination, YMCA will pay the Order price for all Goods and Services completed in accordance with this Order prior to the date of termination unless said Goods are part of Vendor’s standard commercial product, and YMCA will pay an equitable proportion of the Order price for Goods in process and for all materials acquired for the purpose of fulfilling this Order which Vendor is unable to cancel, return or otherwise use in its operations.  YMCA will not be liable to Vendor for any costs for completed Goods or Services, Goods or Services in process or materials acquired or contracted for, if such costs were incurred prior to the date of this Order.

TERMINATION FOR CAUSE AND CANCELLATION

YMCA may terminate this PO for cause without further obligation to Vendor for any material breach of the terms and conditions governing Vendor’s performance.  YMCA, in its sole discretion and without waiving its rights in law or equity, may grant Vendor an equitable adjustment in light of contractor’s time, efforts, and damages associated with the breach.  YMCA reserves the right to cancel this order if delivery is not provided by or before the date agreed upon, and the right to pursue any and all remedies in law or equity due to Vendor’s breach.

GENERAL REMEDIES

YMCA’s remedies as set forth herein are not exclusive.  Any delay or omission in exercising any right hereunder, or any waiver of any single breach or default hereunder, shall not be deemed to be a waiver of such right or of any other right, breach, or default.  If action be instituted by Vendor hereunder, YMCA shall be entitled to recover costs and reasonable attorneys’ fees.

WORK ON YMCA PREMISES

If Vendor's work under this Order requires Vendor to be on the premises of YMCA or at YMCA’s direction, Vendor will take all necessary precautions to prevent any injury to persons or damage to property, including following any rules, procedures or other requirements of YMCA.

ASSIGNMENT AND SUBCONTRACTING

Vendor shall not assign its rights or delegate its performance obligations under this Order nor subcontract this order in whole or in part without the prior written consent of YMCA.

COMPLIANCE WITH LAWS

Vendor warrants, and it is a condition of this Order that all its performance shall be in accordance with all applicable federal, state and local laws, regulations and orders, including, but not limited to: OSHA; environmental regulations, licenses or permits; and the Fair Labor Standards Act of 1938, as amended.

INTELLECTUAL PROPERTY

Vendor warrants that all Goods and Services to be delivered hereunder shall not infringe any patent, trademark or copyright rights of third parties.  Vendor agrees to hold YMCA harmless and defend against all claims arising out of the subject matter of the foregoing warranty including damages, judgments, legal fees, costs and expenses.

PROPRIETARY INFORMATION

All information, including but not limited to writings, drawings, models, trademarks and oral disclosures, not in the public domain received by Vendor from YMCA or produced by Vendor in performing work hereunder, is and shall be the sole property of YMCA, shall be held by Vendor in confidence at all times and shall not be used or disclosed to any third party without YMCA’s prior written consent.

DISPUTES

In the event that a dispute arises out of or relates to this Order, or the breach thereof, which cannot be settled through negotiation, Vendor and YMCA agree to try in good faith to settle the dispute through mediation using a certified mutually agreed upon mediator before resorting to litigation.

COMPLIANCE WITH LAWS

Vendor warrants, and it is a condition of this Order that all its performance shall be in accordance with all applicable federal, state and local laws, regulations and orders, including, but not limited to: OSHA; environmental regulations, licenses or permits; and the Fair Labor Standards Act of 1938, as amended.

FORCE MEJEUR

Neither party shall be deemed to be in default of its obligations for failure to perform due to acts or war, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

GOVERNING LAWS

All matters relating to this PO shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules.