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  #1  
Old 01-17-2012, 08:58 PM
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Default Voiding Your Own Contract...

Earlier there was a good point brought up about voiding your own contract when you forgive one of your policies.

Example, when you state in your policy that you charge $1.00 per min late fee and you chose to waive it for the family who is hardly ever late, then you are actually voiding your own policy.

here is the definition of voided policy.....

Definition
A contract that meets any of the following criteria:
(1) it is illegal from the moment it is made; (2) it is legal but declared null by the courts because it violates a fundamental principle such as fairness, or is contrary to public policy; (3) it becomes void due to changes in law or in government policy; or (4) it has been fully performed.
Lack of capacity to contract (such as arises from being an infant or minor, intoxicated, or insane) automatically makes a contract void. A contract that is void only in one or few parts may be saved by the process of severance. Not to be confused with voidable contract.

Question is how do you word it in your policy that if you decide to waive or forgive or oversee one of your policies, that it will not void your contract.

HELP!!

anyone have advice on this??
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Old 01-17-2012, 09:32 PM
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No advice, but I do want to say this seems to be accurate. I found this out because our developer for the subdivision we live in had a "no home based business" rule in the CC&R's but he never enforced it. Several neighbors have run businesses out of their homes. By not enforcing it, zoning determined he made the rule null and void which is why I am able to do hdc here without an issue.

Dang. I better really enforce ALL of my policies now or I run the risk of being on the other end of this and I really hate Karma, she is such a ________ and is always out to get me, it seems.
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Old 01-17-2012, 10:00 PM
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I think you can get around that by adding language such as "at the provider's discretion" or "such fees may be enforced" or a paragraph at the end like, "Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations" or something like that.

It's all in the language. Your best bet is probably to go with, "If you're late, the following fee MAY be applied..."
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Old 01-18-2012, 06:10 AM
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I have each policy in a separate paragraph and signed/initialed individually.

IF I make changes to any section I have them sign a specific addendum to just that policy. I then clip it to the original and keep it on file for two years.
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Old 01-18-2012, 06:20 AM
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Quote:
Originally Posted by Catherder View Post
I have each policy in a separate paragraph and signed/initialed individually.

IF I make changes to any section I have them sign a specific addendum to just that policy. I then clip it to the original and keep it on file for two years.
Nice!
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Old 01-18-2012, 08:11 AM
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Quote:
Originally Posted by SilverSabre25 View Post
I think you can get around that by adding language such as "at the provider's discretion" or "such fees may be enforced" or a paragraph at the end like, "Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations" or something like that.

It's all in the language. Your best bet is probably to go with, "If you're late, the following fee MAY be applied..."
thanks so much for posting this...this is exactly what I am looking for.



"Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations"
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Old 01-18-2012, 08:17 AM
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Originally Posted by daycare View Post
thanks so much for posting this...this is exactly what I am looking for.



"Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations"
My only concern is that to the right personality trait it translates loosely to "I can be made to change my mind and give you your own way with just the right amount of pressure."
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Old 01-18-2012, 08:29 AM
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Why not just do something similar to Catherder and type up a small note saying something like

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."


Then have the parent sign and date the note and put it in their file.
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Old 01-18-2012, 08:32 AM
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Quote:
Originally Posted by Blackcat31 View Post
Why not just do something similar to Catherder and type up a small note saying something like

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."


Then have the parent sign and date the note and put it in their file.
sorry I am slow this morning....
So you are saying that if I forgive one of the policies like the example that I gave, that I should type up a note like the one you wrote and then have them sign it and add it to their file?

I do like the sounds of it, but I am such a sucker that I would have to do this almost every day.....lol
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Old 01-18-2012, 08:38 AM
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Originally Posted by daycare View Post
I do like the sounds of it, but I am such a sucker that I would have to do this almost every day.....lol
So..... start with a note to you to STOP THAT.

Dear Me,

Learn that by constantly allowing exceptions to my own policies I am setting the example that my own needs are unimportant.

Love,
Me
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Old 01-18-2012, 08:44 AM
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Quote:
Originally Posted by Catherder View Post
So..... start with a note to you to STOP THAT.

Dear Me,

Learn that by constantly allowing exceptions to my own policies I am setting the example that my own needs are unimportant.

Love,
Me
lol.......Gotta love you~!!!!!

Because you are right!!

I am going to do exactly this!@!!!!! and then I will do as suggested and will put this on paper today!!!

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."
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Old 01-18-2012, 08:45 AM
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lol.......Gotta love you~!!!!!

Because you are right!!

I am going to do exactly this!@!!!!! and then I will do as suggested and will put this on paper today!!!

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."
I said "certain circumstances" because I figured that if it was specific parents would assume there is ALWAYS room for negotiation so I figured being somewhat vague was a better way to go in these types of situations...
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Old 01-18-2012, 08:46 AM
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Just remember I have a permanent neon post it note on my computer screen that says "Daycare is not a Charity."

We ALL need a reminder from time to time.
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Old 01-18-2012, 08:48 AM
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Quote:
Originally Posted by Catherder View Post
Just remember I have a neon post it note on my computer screen that says "Daycare is not a Charity."

We ALL need a reminder from time to time.
You crack me up...my pink neon post-it note says "Quality childcare is NOT expensive; it is priceless" Just to remind me...
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  #15  
Old 01-18-2012, 08:51 AM
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We should have T-shirts made
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  #16  
Old 01-18-2012, 08:52 AM
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My contract says, "I retain the right to enforce these policies at my discretion. Lack of enforcement of a certain policy at any given time does not indicate that the particular policy is no longer in effect."

I tell my parents straight-up at the interviews that if it's in my handbook then you can expect that I will enforce it.
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Old 01-18-2012, 05:00 PM
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I've seen on a few court tv shows where a DC providers comes in and is sueing for ate payment fee's, late pick up fee's, and no 2 week notice for termination. I've seen where the DC provider tries to recoup some of the late payment fee's or late pick up fees that occured through out the childs time at the daycare. And if the DC provider never tried getting them out of the family and continued doing buisness for months or years later that they couldn't go back and sue for it. In this show the DC provider didn't even get the no 2 week notice. Family was able to show that the DC provider wasn't doing her job and wasn't safe place for child.
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Old 01-18-2012, 06:04 PM
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I came in a little late in the conversation but I thought I'd put in my own 2 cents. Here's what I have in my contract:

"I understand that a temporary or permanent waiver of any provision of this agreement does not constitute the waiver of any other provision in this contract or policy handbook and must be agreed to and made in writing by [name]."

(I have it at the end of the contract where the parent signs)
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Old 01-19-2012, 02:25 AM
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As far as the late fee, you can also automatically waive it the first X number of times. I had my late fee written in 15 minute increments, but each parent got 3 free passes per year (they signed off they were late and it was a free pass). That was I was enforcing my fee, but I still gave my families some leeway for stuff happens we can't control.
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Old 01-19-2012, 05:38 AM
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Quote:
Originally Posted by daycare View Post
Earlier there was a good point brought up about voiding your own contract when you forgive one of your policies.

Example, when you state in your policy that you charge $1.00 per min late fee and you chose to waive it for the family who is hardly ever late, then you are actually voiding your own policy.

here is the definition of voided policy.....

Definition
A contract that meets any of the following criteria:
(1) it is illegal from the moment it is made; (2) it is legal but declared null by the courts because it violates a fundamental principle such as fairness, or is contrary to public policy; (3) it becomes void due to changes in law or in government policy; or (4) it has been fully performed.
Lack of capacity to contract (such as arises from being an infant or minor, intoxicated, or insane) automatically makes a contract void. A contract that is void only in one or few parts may be saved by the process of severance. Not to be confused with voidable contract.

Question is how do you word it in your policy that if you decide to waive or forgive or oversee one of your policies, that it will not void your contract.

HELP!!

anyone have advice on this??
Oh no this is what I have is it good enough? Should I reword it?

Failure by the provider to enforce one or more of the terms of the contract does not waive the right of the provider to enforce any other terms of the contract.
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Old 01-19-2012, 05:49 AM
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Pitter, yours sounds good. I considered one like it a while back.

I just went the " individual paragraph" route because of the fear a small claims court judge would have the view point of "The policy should work both ways". It is a southern custom.... and a pretty general viewpoint, here.

I'd expect him/her to say that due to that statement a parent refusing to pay the late pick-up fees does not void the written termination policy and I'd have to provide services for the two week notification regardless... YKWIM?

I like my "No Pay- No Stay" so I protect it tooth and nail.
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Old 01-19-2012, 05:58 AM
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Quote:
Originally Posted by Catherder View Post
Pitter, yours sounds good. I considered one like it a while back.

I just went the " individual paragraph" route because of the fear a small claims court judge would have the view point of "The policy should work both ways". It is a southern custom.... and a pretty general viewpoint, here.

I'd expect him/her to say that due to that statement a parent refusing to pay the late pick-up fees does not void the written termination policy and I'd have to provide services for the two week notification regardless... YKWIM?

I like my "No Pay- No Stay" so I protect it tooth and nail.
Thanks. I love the short and sweet statemnets in a contract like your "No pay no stay" NannyD I think has one also maybe for the late pick up? "Don't do it" I think it was

Unfortunatly I have parents pick things apart and try to avoid policies (those that even bother to read it anyway) and so every year at least I am adding more and more so they can't use certain excuses again.

Here I am actually making a new amedndment to the contract this week again giving MORE details to a particular illness so parents can't squeeze by.
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Old 01-19-2012, 06:10 AM
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Originally Posted by PitterPatter View Post
Thanks. I love the short and sweet statements in a contract like your "No pay no stay" NannyD I think has one also maybe for the late pick up? "Don't do it" I think it was

Unfortunately I have parents pick things apart and try to avoid policies (those that even bother to read it anyway) and so every year at least I am adding more and more so they can't use certain excuses again.

Here I am actually making a new amendment to the contract this week again giving MORE details to a particular illness so parents can't squeeze by.
I admit, I like to find loopholes in things, too (like the BOOKS of regs ). It is kind of fun... I guess that is why mine is so deliberate? IDK...

Have you thought of just printing out the CDC poster? The one they use for training us. That is what I give out.... I have them follow those guidelines and enforce it by having a mandatory 48 hours out if I have to send them home.

It works like a dream. I have MINIMUM illness policy issues... NONE purposeful, anymore.

A simple FAQ section also works very well....fewer words...fewer loopholes. My policy is down to 4 double spaced pages (9 paragraphs). The first thing to go was most of the "WHY'S?". They don't need to know why I set my policies...they just need to know WHAT I need from them to be happy and smiling at the door everytime they see me.
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Old 01-19-2012, 09:23 AM
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Anyone have a link to the CDC poster? And I need to add the 48 if sent home sick and being notified of ANY meds given within 6 hours prior to drop off.
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Old 01-19-2012, 10:00 AM
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I think you have to buy those. I print mine for free offline. Most States have one.

I just found this one... It was the most current one I found, so far.

http://www.in.gov/isdh/files/Communi...Chart_2010.pdf
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Old 01-19-2012, 10:20 AM
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Originally Posted by Catherder View Post
I think you have to buy those. I print mine for free offline. Most States have one.

I just found this one... It was the most current one I found, so far.

http://www.in.gov/isdh/files/Communi...Chart_2010.pdf
Thank you
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Old 01-19-2012, 10:26 AM
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I have in my contract that waiver of one policy does not constitute waiver of the entire contract.
Debbie
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