SmartFit Kids COVID-19 Liability Release
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that Intelligent Workforce Solutions DBA Smart Fit Kids Academy has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Intelligent Workforce Solutions DBA Smart Fit Kids Academy cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other clients and their families.
I voluntarily seek services provided by Intelligent Workforce Solutions DBA Smart Fit Kids Academy and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I have not traveled internationally within the last 14 days.
* I have not traveled to a highly impacted area within the United States of America in the last 14 days.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold Intelligent Workforce Solutions DBA Smart Fit Kids Academy harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the center, or that may otherwise arise in any way in connection with any services received from Intelligent Workforce Solutions DBA Smart Fit Kids Academy. I understand that this release discharges Intelligent Workforce Solutions DBA Smart Fit Kids Academy from any liability or claim that I, my heirs, or any personal representatives may have against the center with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Intelligent Workforce Solutions DBA Smart Fit Kids Academy. This liability waiver and release extends to all owners, partners, students, parents, their families, friends, and employees.
I (we) understand that some situations cannot be avoided and cancellation may be necessary. In those cases, the SmartFit refund policy is as follows:
(please note that we require written notice of cancellation).
Before and After School:
One month advance written notice
2 Weeks written notice for 100% refund, No refund issued if cancelled within 2 weeks
After School Clubs:
E-Learning Full Day Care Program :
One month advance written notice
Cancellation Policy: I agree and understand the following policy: To receive a full refund, I must provide a written cancellation notice 60+ days before the camp start date. Between 45-59 days before the start of camp I will be able to receive a 50% refund. Under 45 days, Smart Fit Kids will not issue a refund. I understand that there are no exceptions to this policy. For example, if my child has to quarantine at any point during camp or if our family vacation plans change, Smart Fit Kids will not provide a refund. Please understand that within 45 days of camp, all staff have been hired, reservations have been made for field trips, and materials have been purchased.
Medical Treatment Permission
I (We) authorize an adult, in whose care the minor Participant has been entrusted, to consent to any emergency medical treatment and hospital care to be rendered to the minor Participant under the general or special supervision and on the advice of any physician or dentist licensed under the provisions of the Medical Practice Act on the medical staff of a licensed hospital or emergency care facility.
I (we) are held liable and agree to pay all costs and expenses incurred in connection with such medical and dental services rendered to the aforementioned minor Participant pursuant to this authorization.
*All Participants are responsible for their own medications. SFK will not be liable or responsible for administering of any medication.
I (we) give permission for my (our) child(ren) to ride in any vehicles driven by an approved SFK adult staff or chaperone while attending and participating in activities/fieldtrips sponsored by SmartFit Kids.
My child(ren) and I (we) understand that seat belts shall be worn at all times during transportation.
I (we) understand that Maryland Law requires that all children 8 years of age and younger must ride in a booster seat.
We give permission to SmartFit Kids (SFK) to release the names and all photos, videos and audio of my (our) child(ren) captured by SFK to be used by SFK for promotional purposes such as brochures, videos, web pages, social media or to be used by the media in reporting about a Smart Fit Kids Camp program or event.
SmartFit Kids reserves 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
In consideration of Intelligent Workforce Solutions, DBA SmartFit Kids (SFK) allowing the Participant to participate in SFK "Before and After Care" and "Camps", I (we), the undersigned, do hereby release, forever discharge and agree to hold harmless SmartFit Kids, Severna Park Office Center Limited Partnership, its employees, and its volunteers from any and all liability, claims or demands for accidental personal injury, sickness or death, as well as property damage expenses, of any nature whatsoever which may be incurred by the undersigned and the Participant while involved in the SFK camps.
I (we), the parents(s) or legal guardian(s) of this Participant, hereby grant my (our) permission for the Participant to participate fully in the before and after care and camp activities, including field trips away from SmartFit Kids, Severna Park Office Center Limited Partnership Property.
Furthermore, I (we) and on behalf of my (our) minor Participant hereby assume all risk of accidental personal injury, sickness, death, damage,
and expense as a result of participation in all camp activities involved therein.
Authorization and permission is hereby given to Smart Fit Kids to furnish
any necessary transportation for the Participant. The undersigned agree(s) to hold harmless and indemnify Smart Fit Kids for any liability sustained by
SmartFit Kids as a result of negligent, willful or intentional acts of Participant, including expenses incurred attendant thereto.
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.
In exchange for participation in the Before and After School Program or camps of Intelligent Workforce Solutions trading as SmartFit Kids, address at 780 Ritchie Highway, Suite 26-28, Severna Park, MD and/or use of the property facilities of Commercial Management Company and field trip sites organized by Smart Fit Kids agree for My/our child(ren) and myself/ourselves and members of my/our family, to the following:
I (we) agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Smart Fit Kids and the employees, representative of agents of Commercial Management Company and the field trip sites organized by Smart Fit Kids.
I (we) recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for risk of personal injury to myself, my (our) child/children and family members, and further release and discharge SmartFit Kids, Commercial Management Company and field trip sites organized by Smart Fit Kids for injury, loss, or damage arising out of my family’s use or presence upon the facilities of Smart Fit Kids, Commercial Management Company and field trip sites organized by Smart Fit Kids s whether caused by the fault of myself, my family, or other third parties.
1. I (we) agree to indemnify and defend SmartFit Kids, Commercial Management Company and field trip sites organized by Smart Fit Kids against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use or presence upon the facilities of Smart Fit Kids, Commercial Management Company and field trip sites organized by SmartFit Kids. I (we) agree to pay for all damages to the facilities of Smart Fit Kids, Commercial Management Company and field trip sites organized by SmartFit Kids caused by me or my family’s, negligent, reckless, or willful actions.
2. Use of facility, including the equipment, the parking lot and all other parts of the property of SmartFit Kids, Commercial Management Company and field trip sites organized by SmartFit Kids is at the sole risk of the participants and guests. The participants and guests hereby releases, waives, discharges and covenants not to sue Intelligent Workforce Solutions, Smart Fit Kids, Commercial Management Company and field trip sites organized by Smart Fit Kids from all liability.
I (WE)HAVE READ THIS DOCUMENT AND UNDERSTAND THE PARTICIPANT AND GUEST AGREE THAT THE RELEASE OF LIABILITY IS PERMITTED BY THE LAW OF STATE OF MARYLAND. I (WE) FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I (WE) VOLUNTARILY AGREED NOT TO SUE INTELLIGENT WORKFORCE SOLUTIONS, SMART FIT KIDS, COMMERCIAL MANAGEMENT COMPABY AND FIELD TRIP SITES ORGANIZIED BY SMART FIT KIDS.
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 SmartFit 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