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Old 08-31-2014, 12:37 PM
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Default "Final week of care" deposit, but excluded for illness?

Oops, double thread! Please delete one. Sorry.

So this is related to my Molluscum thread.

I did not terminate the contract, I said that the family may return when they are Molluscum FREE and have been for 7 days but must continue to pay while absent, if they wish to hold the spot. This is the same "regardless of attendance" clause that I have in my illness policy, exactly like if someone was out for diarrhea, flu, etc. Except to rid the Molluscum will probably take much longer, so the family will probably not pay and return. So far I have not heard anything in writing from the family since I sent the email Thursday.

So question...

Last week was paid for as usual. All families pay a deposit for the "final week of care" when they sign up with me. They must give one week notice, in order to use the one week deposit.

1. If I do not get any notice of termination today/tomorrow, has she forfeited her deposit because I received no notice and she just didn't pay me this week?

2. If I do hear from her that she is terminating today/tomorrow then this would be her final week of care anyway, however, I will not accept the children as long as they are ill. So is the deposit forfeited because I am not terminating care but she is and so this is her week's notice and her choice not to pay to hold her spots?

3. Or, do I say okay, you can redeem your final week of care whenever the children are no longer contagious and are Molluscum free? (which could be weeks-months from now and probably won't want to do but I just want to know what I need to offer).


So basically it boils down to, what do you do if you have not terminated care, but excluded based on your illness policy and the family wants to leave because of it. Do they forfeit their deposit or do you honor the deposit whenever the children are able to return?

Really hope this makes sense, I don't think I'm explaining well...
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Old 08-31-2014, 02:50 PM
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Do you have a grounds for lack of communication.?

My contract states. Failure to communicate reason for absence within 72 hours will terminate contract.
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Old 08-31-2014, 03:58 PM
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Quote:
Originally Posted by daycare View Post
Do you have a grounds for lack of communication.?

My contract states. Failure to communicate reason for absence within 72 hours will terminate contract.
Oh I should change mine to that, mine says a week and I really think that is to long. How did you decide on 72 hours?
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Old 08-31-2014, 04:30 PM
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No I don't have anything like that
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Old 08-31-2014, 04:38 PM
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Honestly, I'd call it a wash and return the deposit.

The end date is xxxx but they will be excluded so I would just refund the deposit and call it good.

Just be done with the situation.

Has anyone actually terminated the care agreement yet or are you just assuming they won't come any more? I can't remember the details.
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Old 08-31-2014, 04:43 PM
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I would, in this case, return the deposit if they are wanting to terminate the contract. I do agree with not allowing them to return with everything that has happened BUT they've been a great family otherwise- I would not feel right keeping that extra week. And I do NOT usually break contract terms, especially the financial ones. But I'd cut this family a break and just try to break on as good of terms as possible and refund them their deposit!
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Old 08-31-2014, 05:34 PM
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Since you did not exclude for this "illness" for so long, you may be breaking the contract by excluding them. If no one else has had an outbreak in that long, and if most centers allow this, then to exclude at this point does not seem fair to the family. I understand it has reached a point where it is too stressful for you to continue care. And, of course, it is your business, and you can chose to do business with whomever you want, but I could see how if this went to court, a reasonable person (like a judge) would say....this isn't really due to illness because if that were the case, then you should have excluded a long time ago. And, since mom has reached out to you, and you will not talk to her or return her messages, you would look like the one being unreasonable to a court. At the very least, you should return all of their money and be done with them, but you really should have given whatever notice is promised in your contract (if there is one) then just term, explaining to mom with your pregnancy you are no longer comfortable with this. I just think if this went to small claims court you would lose. If you return all of their deposit, then they do not have a case, because hurt feelings(which they no doubt have) are not compensable.
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Old 08-31-2014, 06:14 PM
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I try to have it in my contract so that I never have to refund a deposit, but in this case I might.

It would really depend on how she answers your email though. If she terms immediately technically she forfeits her deposit but if you aren't allowing the kids to come back I guess I would refund it.

Personally my own DS had molluscum and he continued to go to preschool every day. But he only had 3 spots on his wrist so we just kept it covered. It never spread. I had a dcb who had many spots on him and I got mom to see a dr. and get them frozen off. I never excluded as long as they were covered. Its a virus that could take years to go away. My son's actually went away for good (root came out) 2 years after he first had it.
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