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Daycare Center and Family Home Forum>Waiver of Liability
daycare123 11:14 AM 06-28-2012
I need to come up with wording for a waiver of liability for my landlords for the parents to sign saying they won't sue them for anything. Anyone have any good suggestions?
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Meeko 11:22 AM 06-28-2012
This is mine. It includes a medical release too. You could take that out and add your landlord's name specifically if you wished. I had it drawn up by an attorney.


LIABILITY RELEASE WITH PARENTAL CONSENT
FOR MEDICAL/EMERGENCY
TREATMENT AND TRANSPORTATION

CHILD'S NAME ____________________________________ DATE OF BIRTH ___________________

ADDRESS _________________________________________PHONE NUMBER ___________________

The undersigned(s) being the lawful parent(s) and/or guardian(s) of the above child, hereby consent to the participation by the child in all day care activities conducted by *** Day Care and to the participation of the child in all events related to said activities.

The undersigned hereby further authorize(s) any of the staff, employees, agents and representatives of *** Day Care to provide for, approve and authorize any health care at any hospital, emergency room, doctor's office or other institution, employ any physicians, dentists, nurses or other person whose services may be needed for such health care, review and if necessary disclose the contents of any medical records, execute any consent form required by medical, dental or other health authorities incident to the provision of medical, surgical,or dental care to the child. Health care shall include, but not be limited to the administration of anesthesia, x-ray, examination, performance of operations, diagnostic and other procedures.

The undersigned(s) hereby further authorize(s) emergency transportation by either day care personnel or if necessary by ambulance or other emergency vehicle.

If there is no medical emergency, the day care staff will first use reasonable efforts to contact the parent(s) and /or guardian(s) before administering or authorizing any treatment.

Notwithstanding other provisions in this consent form, *** Day Care shall not have the authority to withold or withdraw life-sustaining procedures for the child.

The day care is well child-proofed and the children are consistantly well supervised. However, accidents do happen. The undersigned(s) assume(s) all risk of injury or harm to the child associated with participation in the day care and agree(s) to release, indemnify, defend and forever discharge *** Day Care and it's staff, employees, and agents of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, injury, loss or damage to the child, or by the child, howsoever caused, arising or to arise by reason of or during the child's participation in the day care.

_____________________________________________________________________________________________
Signature of Parent/Guardian Date

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Sugar Magnolia 11:31 AM 06-28-2012
Meeko, wow, have that on a pdf file? May I use that? Best one.EVER!
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Meeko 11:58 AM 06-28-2012
Originally Posted by Sugar Magnolia:
Meeko, wow, have that on a pdf file? May I use that? Best one.EVER!
Oh feel free to use it. I just copied and pasted from my desktop. Not computer savvy enough to have a file version......will ask my son....he knows Mom's an idiot!
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daycare123 12:06 PM 06-28-2012
I like it!! Thank You
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Sugar Magnolia 12:11 PM 06-28-2012
Thanks meeko, I can copy and paste as well. Its just awesome.
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pootmcgoot 02:10 PM 06-28-2012
So in the event if say... A child breaks their arm or in a worst case scenario falls and is paralyzed or dies this waiver of liability will prevent them from suing you? But does not prevent the state from charging you with say...negligence or some sort of thing?
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Crystal 02:32 PM 06-28-2012
In ca. it is not possible to waive liability. I am not sure how it is possible at all for a provider to have a parent sign off, waiving their right to legal recourse should a child be hurt on the premises or while in the care of the provider. If we do not carry liability insurance, parents sign a waiver acknowldging that, BUT it also states that this does not preclude them from suing the provider should something happen to their child while in our care.

OP, I would contact an attorney about it being legally binding if a parent signs a document stating they will not sue the landlord if a child is hurt on his property. I just do not see how it could be held up in court should a child get hurt on something that should have been repaired and was not, etc.

Tom Copeland might know something about this as well.....perhaps post a question about it for im in the taxes forum?
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Solandia 02:50 PM 06-28-2012
Liability, insurance, being sued, and being at fault for an injury are all very complicated. I know just enough to be dangerous to myself.

I know that at one time (when I had a class about 5-6years ago), that in my state, a parent CANNOT waive a minor's right to sue for an injury. That the parent can sign a waiver, but it is worthless.

Another issue is with the parents' insurance. Even if a parent is not suing, their insurance company WILL sue for something they feel should be covered by your insurance. Please remember that the health insurance company (if the insurance company finds out) will not cover an injury on another person's property, or an automobile accident. The insurance will try to get the other person's insurance to pay out.

Yet another issue is with your own insurance. Your daycare insurance (often, at least mine is this way) will not pay out a claim if YOU are at fault. So, say you have a dog that not allowed per your homeowners insurance. He gets out with the kids, bites a child's hand. Child goes to the ER. Health insurance refuses to pay for an ER visit, becasue the injury happened in someone else's home. Your daycare insurance will not pay, because they find you at fault for allowing the child to interact with the dog. Who is going to pay the bills. Why should the parent pay out of pocket for the provider's negligence?

I can see why the landlord would want a waiver, but it isn't going to give him(or you) the protection you think. In my, un-expert opinion.
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DCBlessings27 07:31 PM 06-28-2012
Originally Posted by Solandia:
Liability, insurance, being sued, and being at fault for an injury are all very complicated. I know just enough to be dangerous to myself.

I know that at one time (when I had a class about 5-6years ago), that in my state, a parent CANNOT waive a minor's right to sue for an injury. That the parent can sign a waiver, but it is worthless.

Another issue is with the parents' insurance. Even if a parent is not suing, their insurance company WILL sue for something they feel should be covered by your insurance. Please remember that the health insurance company (if the insurance company finds out) will not cover an injury on another person's property, or an automobile accident. The insurance will try to get the other person's insurance to pay out.

Yet another issue is with your own insurance. Your daycare insurance (often, at least mine is this way) will not pay out a claim if YOU are at fault. So, say you have a dog that not allowed per your homeowners insurance. He gets out with the kids, bites a child's hand. Child goes to the ER. Health insurance refuses to pay for an ER visit, becasue the injury happened in someone else's home. Your daycare insurance will not pay, because they find you at fault for allowing the child to interact with the dog. Who is going to pay the bills. Why should the parent pay out of pocket for the provider's negligence?

I can see why the landlord would want a waiver, but it isn't going to give him(or you) the protection you think. In my, un-expert opinion.
I have heard something similar. My bil's friend had a kid get hurt while playing paintball. The owner of the company (bil's friend) was worried he'd be sued even though the parents signed a waiver. I think the owner was told that the waiver disuades parents from suing, but it doesn't actually prevent them from the ability to sue.

I would just look into the daycare insurance for your best interest.
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Meeko 12:40 PM 06-29-2012
I once was going to refuse to sign a similar waiver when my kids went on a school trip. I asked my attorney if that meant the adults on the trip couldn't be held liable if something terrible happened to my child. Not at all.

He explained that these waivers DO help when it comes to sue happy parents. In a true neglect case...it's not worth the paper it's written on...but it WILL help with frivolous lawsuits.

That's why I use it. If, for some reason, I was truly negligent...the parent would have a case.

BUT...If Suzy trips in the driveway and scrapes her chin...this puts the reigns on the type of parent who would sue for millions because "Suzy was going to be a famous model and now her future is ruined and she will need plastic surgery to restore her perfect face and we also need millions for pain and suffering/therapy etc etc."

I use it more as a deterrent than anything else.

Now the medical part is ironclad and is actually required by our state. We must have authorization to allow medical treatment/transport etc.
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Blackcat31 12:57 PM 06-29-2012
Originally Posted by Meeko:
I once was going to refuse to sign a similar waiver when my kids went on a school trip. I asked my attorney if that meant the adults on the trip couldn't be held liable if something terrible happened to my child. Not at all.

He explained that these waivers DO help when it comes to sue happy parents. In a true neglect case...it's not worth the paper it's written on...but it WILL help with frivolous lawsuits.

That's why I use it. If, for some reason, I was truly negligent...the parent would have a case.

BUT...If Suzy trips in the driveway and scrapes her chin...this puts the reigns on the type of parent who would sue for millions because "Suzy was going to be a famous model and now her future is ruined and she will need plastic surgery to restore her perfect face and we also need millions for pain and suffering/therapy etc etc."

I use it more as a deterrent than anything else.

Now the medical part is ironclad and is actually required by our state. We must have authorization to allow medical treatment/transport etc.

Excellent point Meeko!
The difference between outright negligence and an accident if HUGE!
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Unregistered 12:04 PM 08-29-2016
May I have your permission to copy and use this for my in home preschool?
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Lil_Diddle 12:36 PM 08-29-2016
When setting up I was told I can set up a liability waiver by a lawyer but told it really has no legal standing, at most it would just be a deterrent for the parents if something were to happen. I'm a home daycare and for the number of kids I have I was told I do not need special insurance, that accidents would be covered by homeowners insurance. Over 6 kids I would need a specific insurance, it was only $50 a month and was great, even included legal fees if someone were to make a claim against me. I want to get it, but first I need to get the fence in the yard
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Daycare Insurance 03:37 PM 08-29-2016
As a lot of people have mentioned, a waiver will not protect your landlord in court, as you cannot take away a person's right to sue. What you can do that WILL protect your landlord, is add them as an additional insured to your professional liability policy. When you do that, your landlord is protected under your policy if a parent decides to sue them. Adding your landlord as an additional insured is very cost effective as well. It may be free, or your insurance company may charge something like $50 a year. We recently wrote a blog post that has a lot of good information for tenants. https://www.dcins.com/blog/childcare...ords-hoas.html
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Unregistered 12:12 PM 08-30-2016
Originally Posted by Solandia:
Liability, insurance, being sued, and being at fault for an injury are all very complicated. I know just enough to be dangerous to myself.

I know that at one time (when I had a class about 5-6years ago), that in my state, a parent CANNOT waive a minor's right to sue for an injury. That the parent can sign a waiver, but it is worthless.

Another issue is with the parents' insurance. Even if a parent is not suing, their insurance company WILL sue for something they feel should be covered by your insurance. Please remember that the health insurance company (if the insurance company finds out) will not cover an injury on another person's property, or an automobile accident. The insurance will try to get the other person's insurance to pay out.

Yet another issue is with your own insurance. Your daycare insurance (often, at least mine is this way) will not pay out a claim if YOU are at fault. So, say you have a dog that not allowed per your homeowners insurance. He gets out with the kids, bites a child's hand. Child goes to the ER. Health insurance refuses to pay for an ER visit, becasue the injury happened in someone else's home. Your daycare insurance will not pay, because they find you at fault for allowing the child to interact with the dog. Who is going to pay the bills. Why should the parent pay out of pocket for the provider's negligence?

I can see why the landlord would want a waiver, but it isn't going to give him(or you) the protection you think. In my, un-expert opinion.
I'm pretty sure in all states, you can't wave a minor's right. I know it's true of NJ and NY, too.

The insurance isn't going to sue you. The family can, though. They're to sue your landlord, because it's about home owner insurance (more money). Even if you do it without their permission, there were a lot of cases like this in NJ, and say so, too bad for landlord. That's why a lot of rental places, in NJ anyway, don't allow pets. If your pet, even if you broke your lease by having one, harms someone, they can sue the landlord/home insurance.
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TomCopeland 11:19 AM 09-08-2016
Originally Posted by Meeko:
This is mine. It includes a medical release too. You could take that out and add your landlord's name specifically if you wished. I had it drawn up by an attorney.


LIABILITY RELEASE WITH PARENTAL CONSENT
FOR MEDICAL/EMERGENCY
TREATMENT AND TRANSPORTATION

CHILD'S NAME ____________________________________ DATE OF BIRTH ___________________

ADDRESS _________________________________________PHONE NUMBER ___________________

The undersigned(s) being the lawful parent(s) and/or guardian(s) of the above child, hereby consent to the participation by the child in all day care activities conducted by *** Day Care and to the participation of the child in all events related to said activities.

The undersigned hereby further authorize(s) any of the staff, employees, agents and representatives of *** Day Care to provide for, approve and authorize any health care at any hospital, emergency room, doctor's office or other institution, employ any physicians, dentists, nurses or other person whose services may be needed for such health care, review and if necessary disclose the contents of any medical records, execute any consent form required by medical, dental or other health authorities incident to the provision of medical, surgical,or dental care to the child. Health care shall include, but not be limited to the administration of anesthesia, x-ray, examination, performance of operations, diagnostic and other procedures.

The undersigned(s) hereby further authorize(s) emergency transportation by either day care personnel or if necessary by ambulance or other emergency vehicle.

If there is no medical emergency, the day care staff will first use reasonable efforts to contact the parent(s) and /or guardian(s) before administering or authorizing any treatment.

Notwithstanding other provisions in this consent form, *** Day Care shall not have the authority to withold or withdraw life-sustaining procedures for the child.

The day care is well child-proofed and the children are consistantly well supervised. However, accidents do happen. The undersigned(s) assume(s) all risk of injury or harm to the child associated with participation in the day care and agree(s) to release, indemnify, defend and forever discharge *** Day Care and it's staff, employees, and agents of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, injury, loss or damage to the child, or by the child, howsoever caused, arising or to arise by reason of or during the child's participation in the day care.

_____________________________________________________________________________________________
Signature of Parent/Guardian Date
As other folks have said, such a waiver won't protect you. The child can always sue you. Parents can't give up their right to sue you. You need a lot of business liability insurance to protect you in case of a lawsuit. See my article on this: http://tomcopelandblog.com/will-liab...-protect-you-2
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Meeko 01:44 PM 09-08-2016
Originally Posted by Unregistered:
May I have your permission to copy and use this for my in home preschool?
Go ahead!
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Unregistered 08:54 PM 06-01-2017
This was perfect for me. I don't own a daycare but have been watching a child as a favor to one of my coworkers and needed something in writing last minute. Definitely saved me from having to come up with the wording. I only used the last paragraph but Thanks again


LIABILITY RELEASE WITH PARENTAL CONSENT
FOR MEDICAL/EMERGENCY
TREATMENT AND TRANSPORTATION

CHILD'S NAME ____________________________________ DATE OF BIRTH ___________________

ADDRESS _________________________________________PHONE NUMBER ___________________

The undersigned(s) being the lawful parent(s) and/or guardian(s) of the above child, hereby consent to the participation by the child in all day care activities conducted by *** Day Care and to the participation of the child in all events related to said activities.

The undersigned hereby further authorize(s) any of the staff, employees, agents and representatives of *** Day Care to provide for, approve and authorize any health care at any hospital, emergency room, doctor's office or other institution, employ any physicians, dentists, nurses or other person whose services may be needed for such health care, review and if necessary disclose the contents of any medical records, execute any consent form required by medical, dental or other health authorities incident to the provision of medical, surgical,or dental care to the child. Health care shall include, but not be limited to the administration of anesthesia, x-ray, examination, performance of operations, diagnostic and other procedures.

The undersigned(s) hereby further authorize(s) emergency transportation by either day care personnel or if necessary by ambulance or other emergency vehicle.

If there is no medical emergency, the day care staff will first use reasonable efforts to contact the parent(s) and /or guardian(s) before administering or authorizing any treatment.

Notwithstanding other provisions in this consent form, *** Day Care shall not have the authority to withold or withdraw life-sustaining procedures for the child.

The day care is well child-proofed and the children are consistantly well supervised. However, accidents do happen. The undersigned(s) assume(s) all risk of injury or harm to the child associated with participation in the day care and agree(s) to release, indemnify, defend and forever discharge *** Day Care and it's staff, employees, and agents of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, injury, loss or damage to the child, or by the child, howsoever caused, arising or to arise by reason of or during the child's participation in the day care.

_____________________________________________________________________________________________
Signature of Parent/Guardian Date
[/quote]
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Unregistered 12:41 PM 12-14-2018
Hi,

One of my child's moms wants help in the morning for an hr and to drive the kids to school in the morning. They have 2 kids but one is her own child and one is her daughter's child. Both are Kindergarten age.
In this scenario can it be considered license exempt child care? She is willing to pay and also drop the kids at my home.

Should I ask the parent to sign the wavier form? Can I use the same words even though I don't have an actual day care? Can anyone help with re-wording the waiver form?

Should I make any changes in terms of home owners insurance or buy liability insurance?

Please help with suggestions. I am so clueless about this whole thing but want to help her and make some extra cash too.
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hwichlaz 02:15 PM 12-14-2018
I have a double indemnity clause, but like the experts have said....a parent can't sign away their child's right to sue you later. I still have them sign it, in case they believe it, lol. And I carry insurance.
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Unregistered 11:31 AM 09-12-2019
We are having trouble with parents who do not adhere to the authorized child pick up form. They authorized in writing specific people to pick up their children, but will send someone else who is not on the authorized form to pick up the child. We want create a waiver that protects us in case there is an incident with the child in the care of the unauthorized person. Do you have a suggestion?
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Cat Herder 11:44 AM 09-12-2019
Originally Posted by Unregistered:
We are having trouble with parents who do not adhere to the authorized child pick up form. They authorized in writing specific people to pick up their children, but will send someone else who is not on the authorized form to pick up the child. We want create a waiver that protects us in case there is an incident with the child in the care of the unauthorized person. Do you have a suggestion?
I would simply not allow it.

Enforce your policies consistently. If you don't enforce them why should they follow them? If rules are not enforced, they may as well not exist.

I am not trying to give you a hard time. I am trying to make you see that by not enforcing your own policies, you are the problem, not the parents.

No need for new rules, enforce the ones you have.
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Tags:2012, authorized persons, enforcing policies - consistency, forms, letter samples, liability, liability waiver, sample, waiver
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