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Old 07-28-2019, 10:41 AM
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Default 2 Months' Notice for Withdrawal of Kids From Daycare?

Hi there, I recently signed a daycare contract for my two children, admittedly without reading the whole thing (my bad, I know). We have had our children in this daycare for over a year, and she was part of an agency. When she broke away from the agency this spring, she had us sign this new contract.

We have decided to enroll our kids in a french immersion preschool starting this September, so we gave our daycare provider 1 month's notice (actually it was 5 weeks). She said that the new contract specified that we are required to give 2 months notice (should have read the thing, I know), and wants to charge us for September.

Has anybody come across (as parents) or has required (as a daycare provider) 2 months notice prior to withdrawing the children?

It seems oppressively long, but interested in hearing others' experiences.
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Old 07-28-2019, 12:10 PM
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That is long, but since you signed the contract, then I think you are obligated to it. It isn't really her fault that you didn't read it. Not trying to be snarky but people write contracts the way they do to cover themselves. Perhaps those spots are hard to fill. I wish you the best!
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Old 07-28-2019, 12:15 PM
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Honestly, I would just bail. I've taken family to small claims and I can't make claims for services if not rendered.
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Old 07-28-2019, 01:32 PM
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Its the same if you signed a contract for cable tv. You wouldn't think twice about paying to get out of it. .or a least negotiate. The provider obviously got burned on it at some point....it. affects her income for her family . Be respectful and at least negotiate something.
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Old 07-28-2019, 04:13 PM
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Quote:
Originally Posted by Ms.Kay View Post
Its the same if you signed a contract for cable tv. You wouldn't think twice about paying to get out of it. .or a least negotiate. The provider obviously got burned on it at some point....it. affects her income for her family . Be respectful and at least negotiate something.
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Old 07-28-2019, 08:37 PM
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There is another post similar to this one that was posted about a year ago. I will try to link it but I'm really bad at searching.

It was about a dad that didn't read a contract with a long term notice.
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Old 07-29-2019, 03:41 AM
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If you signed the contract you're probably going to have to pay it. If it were to end up in small claims they would have a really good case. At which point you're out more money to cover court costs & fees.

Now they may be willing to negotiate with you. But if they demands you stick to the letter of the contract you're probably stuck.
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Old 07-29-2019, 06:41 AM
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I agree that if you signed it, you are obligated to pay it. You can obviously try and work things out and try to find a middle ground but legally you are bound by the contract.

Of course not all providers would pursue in court and that is a risk you'll take if you just up and bailed on her.
I HAVE taken parents to court for this very reason and won both times. I have a very clear concise contract.

I would think bailing out and not abiding by the contract you signed (but didn't read) will surely come back around someday and because parents do that type of thing, it forces providers to have contracts that seem harsh for parents.

Screwing over the person who provided good quality care for your children is a pretty low thing to do but I've seen parents do some pretty crazy stuff just to avoid paying so again this is your choice.

I have a lengthy notice period in my contract but I require parents to pay the full notice period when they give written notice and if they don't pay it, I won't provide care so I don't give parents the option of bailing out.

Bottom line we all have to live with our choices so you need to do what ever you feel is right.
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Old 07-29-2019, 06:42 AM
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Quote:
Originally Posted by 284878 View Post
There is another post similar to this one that was posted about a year ago. I will try to link it but I'm really bad at searching.

It was about a dad that didn't read a contract with a long term notice.
This is the thread I think you are referring to

https://www.daycare.com/forum/showth...+notice+period
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Old 07-29-2019, 06:56 AM
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Notices vary by location, demand and provider preference.

Is it unheard of? No.

Is it longer than typical providers? Probably.

Are you legally required to follow through with a contract that you signed? Yes.

IMO, it's pretty unprofessional and downright mean to "bail" on the person who has cared for your child for "over a year".
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Old 07-29-2019, 06:58 AM
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Why don't you just keep the kids in the program that you paid for until the full notification period is up? Do you have to start paying the new school immediately? And if you do, why don't you try negotiating with the new school instead? You don't owe them a full months worth of tuition (times two kids, or more) like you do the "old" program. Why try to convince someone you owe, to give you a deal before trying to convince a business that has had no transaction with you yet and wants your business? It could work. Just ask if you can start paying in one month. If they insist on full tuition for the year, you should see that's the same as the old place wanting their full tuition, which you have already obligated yourself to pay.
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Old 07-29-2019, 07:49 AM
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Quote:
Originally Posted by Blackcat31 View Post
This is the thread I think you are referring to

https://www.daycare.com/forum/showth...+notice+period
Yes that's it. I tried I just could not find it. Thank you
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