By Curious Kids or the Kerri Smith Academy of Irish Dance you are agreeing to the terms listed below and any additional terms sent via email prior to the start of your class:
Curious Kids JC LLC & Kerri Smith Academy of Irish Dance Waiver & Release
*In the case of Toddler & Me classes for the purposes of this document “Participant” includes both child and caretaker attending.
For and in consideration of Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith and Margaret Marano, permitting the participant to enroll and participate in any activity, Participant(s), by signing below, hereby voluntarily indemnifies, releases from liability and holds harmless of Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith, Margaret Marano, any teacher or assistant, and/ or the facility of 269 Varick St LLC. for any accident, injury, illness, death, loss, damage to person or property, or other consequences suffered by Participant or any other person arising or resulting directly or indirectly from Participant’s participation in the activity. In the event that Participant is injured, Participant agrees to assume any financial obligation, either through Participant’s personal health insurance, or through some other means, for any medical costs which Participant incurs. Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith and Margaret Marano assume no responsibility for any medical expenses, injury, or damage suffered by Participant in connection with the use of any facilities or services in connection with the activity.
IT IS THE INTENTION OF PARTICIPANT TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE UPON HIM/ HERSELF, TO THE EXCLUSION OF of Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith and Margaret Marano, AND TO EXEMPT AND RELIEVE of Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith and Margaret Marano FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH.
Participant further agrees that Participant, his/ her spouse, assignees, heirs, guardians, and legal representatives will not make any claim against, sure or attach of Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith and Margaret Marano for any loss or damage resulting from Participant’s participation in the activity.
PARTICIPANT IS AWARE OF THE POTENTAL DANGERS INCINDENTAL TO ENGAGING IN THE ACTIVITY, THAT IS A RELEASE OF LIABILITY, A WAIVER OF THE PARTICIPANT’S LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, OR PROPERTY DAMAGE AND A CONTRACT BETWEEN THE PARTICIPANT AND Curious Kids JC LLC, The Kerri Smith Academy of Irish Dance, Kerri Smith and Margaret Marano AND PARTICIPANT AGREES OF HIS/ HER OWN FREE WILL.
I understand if signing up for an “Toddler & Me” or "Free Play" class that this class involves both the child and the caretaker to actively participate to insure safety at all times.
Curious Kids JC LLC does not offer refunds for deposits, class fees or any other payments made online or via cash or check. Curious Kids reserves the right to not make up classes cancelled for any reason- included but not limited to- weather, poor travel conditions, and State of Emergency.
By attending I give permission for photographs/video footage to be taken of the participant and for photographs/video footage in which the participant is included to be used for purposes of publicity by Curious Kids JC LLC or Kerri Smith Academy of Irish Dance. This includes but is not limited to publication of pictures/video on the Curious Kids or Kerri Smith Academy websites and social networking sites. I understand it is my responsibility to notify staff in writing via email if I do not want photos or video of my child to be used in this manner.
Photo Release Denial Agreement Please note the following if you choose to not have your child appear on Social Media or advertising for Curious Kids/KSA: -There may be short, infrequent times where your child is asked to engage in a different activity while we are taking photos of the rest of the class that will be specifically used for social media and/or advertising. -Your child’s body (i.e. arms, legs, back of head) may appear in photos that are posted. We will do our best to ensure his or her facial likeness is not posted. - We cannot guarantee your child will not appear on photos sent internally to only their classmates’ parents. -The decision to not have your child included as the focal point of photos does not entitle you to additional conversation and/or evaluation of your child in our program.
Please remember we are a very small business. We take and review upwards of 500 photos a week. The individuals teaching your child are also the ones responsible for all photography, marketing, social media etc. and will do their best to adhere to your wishes and not post your child on social media. They will certainly not purposely disobey your wishes. However we ask that you understand we are human and there is a chance your child’s likeness will slip into a photo. If you have found this to be the case please calmly notify our staff and we will promptly remove said photo.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES
INCLUDING COVID-19 ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of the Kerri Smith Academy of Irish Dance and/or Curious Kids JC LLC program and related events and activities, participants and parent or guardian agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during the my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE KERRI SMITH ADCADEMY OF IRISH DANCE and/or CURIOUS KIDS JC LLC their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
This is to certify that I, as parent/guardian, with legal responsibility of and/or on behalf of participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND “PARTICIPANT” WILL ATTEND FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I certify myself, my child, or anyone in my immediate family has NOT had close contact* with a person who tested positive for or is under investigation for possible COVID-19 within two weeks prior to attendance in any class or program, and has not had any symptoms of COVID-19 within 48 hours of attendance. Close contact is defined by the CDC as (a) being within approx. 6 feet of a COVID-19 case for a prolonged period of time. Close contact can occur while caring for, living with, visiting, or sharing a health care waiting area or room with a COVID- 19 case OR (b) having direct contact with infectious secretions of a COVID-19 case (e.g., being coughed on).
I understand that the Kerri Smith Academy of Irish Dance and Curious Kids JC LLC will follow all state and federal regulations regarding COVID-19 protocols. If there is something released in future restrictions not covered in this screening questionnaire it is understood it will be included as part of our regulations.
I recognize it is my responsibility to notify staff and discontinue participation in all classes and programs until a negative COVID-19 test result is received if myself, my child or anyone in my family:
-develops any of the symptoms as defined by the CDC while attending an ongoing class or program.
-comes into close contact with someone who has tested positive for COVID-19 or is under investigation for possible COVID-19 while attending an ongoing class or program.
I understand if I do not promptly notify staff of any of the above circumstances I forfeit my right to complete the class or program and will be dismissed without refund. Curious Kids JC LLC reserves the right to ask for proof of vaccination and understand that if I am untruthful regarding vaccination status I forfeit my right to complete the class or program and will be dismissed without refund.
If a parent, nanny or anyone living with the student tests positive, but the student tests negative, he or she will be required to stay out of the program for 5 days before testing to return. At the 5 day mark (Day of parent/ sibling positive test is day zero.) student may be tested and return to school if it is negative. If you choose not to have child tested, he or she must stay out of the program for 10 days after initial positive result is received.
I understand that waivers and policies may change and it is my responsibility to regularly update myself on the most current policies at www.curiouskidsjc.com/waiver.
Sick Day/ Staying Home Policy Agreement
I certify that if participant is experiencing cold like symptoms or has been exposed to COVID-19 he or she will be tested for COVID-19 before returning to classes. If participant is experiencing cold-like symptoms he or she must test before attending/ returning to school whether or not symptoms are bad enough to keep them home. If they test negative and symptoms continue after 7 days, they must test again. If you bring your child to the doctor because they are sick (Covid or otherwise) please send us a doctor's note upon return to class. A doctor’s note is required to return to class after a positive COVID-19, Fifths Disease, Coxsackie, flu, or any other communicable disease diagnosis.
I certify I will keep my child home if he/she is experiencing or has experienced any of the following in the 24 hours prior to attending:
ANY ONE of the following:
-Excessive Cough or Excessive Runny Nose
-Is taking any type of medication to control sickness/symptoms
Two or more of the following symptoms:
-Lethargy or Loss of Appetite
I understand my child must be clear of any absence-causing symptoms for a FULL 24 HOURS before returning to school/ class and that staff reserve the right to send children home at their discretion if they are deemed too sick or symptoms are too severe to be in attendance.
Other Policies & Fees
-Classes cancelled because of dangerous travel conditions due to weather will be made up at the discretion of the owners. If a State of Emergency is declared, classes will not be made up. Any classes cancelled for COVID exposure or cleaning will not be made up. -In extraordinary circumstances Curious Kids reserves the right to dismiss a child from the program. -In the event of an extended closure (due to a state mandated closure) Preschool Workshop Drop Off and dance classes will immediately move to virtual learning. -Curious Kids does not offer refunds. -Curious Kids JC LLC reserves the right to deny entry for lack of timely payment. -If it is found any COVID related information has been falsified or is not provided/communicated to us in a timely manner (within 6 hours of receipt or if overnight at least 2 hours prior to the start of class) including but not limited to a child’s or household member’s positive test result or attendance in a class after a known direct exposure- it will be grounds for immediate dismissal from the program. -All COVID protocols are subject to change based on CDC guidelines.