Daycare Policy

The daycare that my son is at is under new management and of course with new policies. One of which completely floored me and I'm refusing to sign. I thought I'd check with the all of you to see if I was being unreasonable. Please see below...

"Not all risks are foreseeable. In consideration of being allowed to participate, I agree to release, wafve, covenant not to sue, discharge and forever hold harmless the Easter Seals Rehabilitation Center their agents, employees, officers, directors, successors, affiliates, or representatives on account of liability, injury, death, or property damage alleged to be caused in whole or in part by representatives' or affiliates' actions or omissions. I also hereby release the above mentioned entity from any all claims, liabilities, demands or causes of action known or unknow, fixed or contingent, on any theory, either legal or equitable, which the participant may have or claim to have as a result of participating in the Child Development Program. As of the date of signing this release and disclaimer, I do hereby covenant not to file a lawsuit to assert any such claim. I have read this Release and Disclaimer and recognize that I am giving up substantial rights by signing this document."

[Blackcat31]

If I am interpreting this correctly, they are asking you to agree to not sue them if your child is hurt or killed in any way. (??)

If that is the case and all that mumble jumble says that then I don't blame you for not signing it but I don't think that you can legally waive your child's rights anyways in cases like this.

I understand their fear of frivolous law suits and such but I think that in cases where it is proven that the injury or death is because of negligence that you can sue anyways.

I, personally would have my attorney look that statement over BEFORE signing it.

[CKSher]

I agree with Blackcat and would either go elsewhere or consult a lawyer before signing.

I understand the fear the providers may have regarding being sued, but if it is not a neglectful situation they have they will most likely come out the winner in court anyways. If it is neglect or abuse then I don't believe that the court will let it slide just because you signed a document, but I would want to be 100% sure before signing anything.

Good Luck!

[youretooloud]

I wouldn't sign that either. It's not like signing a waver for something you do "at your own risk". Like jumping from a plane.

[itlw8]

As providers we have been told these will not hold up in court because you can not sign your childs rights away.

Tom Copeland wrote an article on the subject I believe.

I would say often when these kind of waivers are in place it is because they do not carry insurance. I would find out if they carry liability insurance .

[Hunni Bee]

Soo....if they allow your child to wander into traffic, you are supposed to take no legal recourse? Are they serious?

As other posters said, it most likely won't hold up in court, especially if they are at fault.

Nonetheless, I'd refuse to sign and move my child. It sounds like they are completely absolving themselves of all responsibility of keeping people's children alive and well while they're in that daycare's care.

Ick.

Doesn't the daycare have insurance for this sort of thing? Seems odd to me. I wouldn't sign it.

[Blackcat31]

Originally Posted by Mazzy

Doesn't the daycare have insurance for this sort of thing? Seems odd to me. I wouldn't sign it.

Most child cares do have liability insurance. HOWEVER, that doesn't squash their fears of people suing them for frivolous reasons. I have read all sorts of silly/odd reasons parents (or people in general) will sue.

I am sure that what the child care in the original post is trying to do is protect themselves from that type of situation without realizing that it isn't really legal or legally binding in most areas.

Originally Posted by Blackcat31

If I am interpreting this correctly, they are asking you to agree to not sue them if your child is hurt or killed in any way. (??)

If that is the case and all that mumble jumble says that then I don't blame you for not signing it but I don't think that you can legally waive your child's rights anyways in cases like this.

I understand their fear of frivolous law suits and such but I think that in cases where it is proven that the injury or death is because of negligence that you can sue anyways.

I, personally would have my attorney look that statement over BEFORE signing it.

I agree with the part that if it is a negligent part of them you can still sue them but also you have to understand that maybe you and all of the others are paying for other stupidities and the abuse of law suits. Oh my child hurt his feet cause he was in the playground playing. Oh well thats an accident and that would it happened with mom or dad so my 5 cents are stop suing for little things when at the end the only one's that make the money are the lawyers.