Rules and Regulations
Rules and Regulations: The member shall follow the rules and regulations including hours of operation which have been made available to you and posted in the facility. We can revoke your membership privileges if these rules and regulations are not followed and we expressly serve the right to change these rules, regulations and hours of operation. In addition, we expressly reserve the right to add to, eliminate, or alter any piece of equipment, furniture or fixture, when deemed necessary or desirable, if in our judgment it is in the best interest of our members.
You understand further that strict observation by you of the rules and regulations relative to your fitness training including the use of protected equipment required by the institute will largely eliminate the possibility of accident or injury and that you waive any claim of damages against the institute and/or its principles or instructors in any case resulting from the activity.
Default: You will be in default if you haven’t paid us everything you owe by the scheduled end of this contract or if the entire balance of what you owe becomes due and you don’t pay us. After the scheduled end of this contract, you agree to pay interest at the Annual Percentage Rate stated on the front on that part of the amount financed which you still owe until you pay in full. We may get a court judgment against you for what you still owe and you agree to pay any court costs and reasonable lawyer’s fees involved in collecting this contract to be set by the court. Any judgment shall bear interest at the highest rate allowed by law. Even if our service is not use, you are still responsible for payment under this contract.
Bad Check Fee: If your checks for any payments under this contract are returned for insufficient funds, you may be charged a bad check fee of $30 or the maximum amount permitted by law, and when applicable, a late charge as well as any other charges allowed by law.
Late Charge: You will be charged $10 or 5% of the amount in default, whichever is greater, if a payment is not made on the due date.
Notice of Consumer Rights
Our business registration number with the State’s consumer Protection Division is E3918
We are not required to carry a performance bond under the Maryland Health Club Services because we do not accept more than three months payment in advance or charge initiation fees over $200. If Smart Fit Kids is closed for a month or more, you are entitled to your choice of either an extension of the agreement or a prorated refund. If the closing is not the fault of the business, we are entitled to choose. You have the right to cancel this agreement within three business days after receipt of a copy of this agreement. Cancellation must be in writing, and delivered in person or by certified or registered mail. If you cancel, you are entitled to a full refund of all monies paid.
If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the agreement. Since we are exempt from the bonding requirement, we cannot collect payments during a member’s disability extension so that we are not holding more than three months payment in advance.
This notice is an integral part of the application and contract for membership.
Relocation of Member
Members may cancel this contract upon permanently moving their residence more than 25 miles away from the institute, or other school with which we have an agreement to allow transfer of membership privileges without additional charge. Cancellation under this section requires written proof of new permanent address, phone number, name and address. In order to cancel, you may pay a prorate amount of the regular full price membership. Initiation fee is nonrefundable as otherwise noted in the Notice of Consumer right
We reserve the right to relocate or consolidate our locations within a fifteen mile radius of the current location. We will make a good faith effort to replace with comfortable facilities, but we do not guarantee the same
How to Exercise Your Consumer Rights
To exercise any of your consumer cancellation rights as stared above, you must send written notice by registered or certified mail to SmartFit Kids, 780 Ritchie Highway, Suite 26-28, Severna Park MD 21146
Release of Liability
Members in using the facility and any equipment, do so at their own risk. The institute shall not be liable for any damages arising from personal injuries sustained by members in, on or about the premises of the institute. The institute assumes no responsibility for the loss of, or damage to, any person property belonging to a member while on the institute premises.
Members represent that he or she is in good physical condition and able to use the equipment provided and to participate in programs made available by the institute. The institute represents that its personnel are trained in providing equipment and instruction.
This Contract will be governed by laws of the State of Maryland and of the United States. If any part of this contract is unenforceable, this will not make any other part unenforceable
NOTICE:ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSET AGAINST THE SELLER OF GOODS AND SERVICES OBTAINED PURSUANT HERTO OR WITH THE PROCEEDS HEREOF, RECOVERY HERUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER