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Daycare Center and Family Home Forum>Waiver Question For My Summer Contract
AfterSchoolMom 06:42 PM 01-25-2010
I'm beginning to think of summer childcare (I care for school aged kids exclusively). Last year I only had one child part time, and I had a more informal arrangement with his parents. This year, I am looking to take on two children, complete with contract, etc. My question to you all is this - would it be out of place for me to include a waiver in my summer contract, in cases of injury, etc.? We spend a LOT of time outside and may go to the neighborhood pool (swimming ability is required for acceptance in my home for care in the summer). Would you, as a parent, be wary of signing one?

I should add that I am not licensed (yes, I know how most feel about that already).
Chickenhauler 09:20 PM 01-25-2010
You can have the most ironclad waiver ever drafted, and it won't stand for two seconds in a court of law if you're believed to be negligent.

And if something happens, it will be blamed upon your negligence, whether you were or not, because you are the "professional".

Even though you are not licensed, you are putting yourself forth as a professional when you offer to perform a service in exchange for compensation.

If you don't already have one, get a good liability insurance policy, the larger the better. It's not just insurance, but prepaid legal defense, because if you're sued, the insurer has a financial interest in defending you against the allegations.
Carole's Daycare 06:09 AM 01-26-2010
I agree with chickenhauler, no waiver will do much if you are considered negligent. You absolutely should have in your contract/policy a description of those activities, and the inherent risk involved. Include permission to transport in your vehicle or walk to and from activities. My policy says I will require bicycle helmets to be worn and safety rules must be followed etc. Even in the best circumstances accidents happen, whether at home or daycare. A good umbrella policy is really your best bet, as your injury coverage on your homeowners probably excludes daycare accidents, especially if unlicensed and no daycare rider is attached.
Also, make up a pile of, or purchase a cheap pack of permission slips. Absolutely any field trip, especially to a pool or beach, should have a permission slip signed by the parent for that day/activity. So if you think you might go to the beach, tell the parent & have them sign quickly at drop off. Redleaf Press/Tom Copeland is an excellent resource for all things legal/insurance or tax related. Summer is, to me, both the most fun, and the most risky time to do daycare. Best of luck.
Tags:contract, waiver
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