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Hello everyone, I am hoping that someone has answers for me. I am wondering if anyone has a liability clause in their contracts, I mean releasing you from liability. I am wondering if we are actually allowed to have them, if so how do you word it. I am struggling with my contract. Any help would be great thanks!! And yes I do have a liability insurance as well. From Ontario here
Release from liability with regards to what situation? Daycare insurance will not cover negligence. like instance of stair gates left open and a child falling down the stairs. Is that sort of situation you mean? Times when insurance won't pay out and we are open to being sued for negligence.
To you question - no, I don't get parent to sign a waiver. I know when my own children younger and if they went to party where one had be signed (horse riding or paint balling) I always had serious reservation about if child should go if possibility of harm so great form needed. I would not sign a form for their daily environment but seek other place. Infant, toddler and preschooler which age I take, should not be at risk on daily basis in child care situation. I can see if maybe deal with older age range that occasionally a field trip activity might need one (indoor rock climb centre) but it shouldn't be routine and child shouldn't be doing high risk activities on daily basis, IMO.
I would think parent being asked to sign waiver would raise question about level of care and supervision child be getting.
No. The whole point of daycare is to keep children safe in the absence of their parents. If parent's have to sign a waiver saying you are not responsible for their children's safety then something would seem quite off to me as a perspective parent.
I have a waiver for emergency treatment only. It is in case their child should need to go in an ambulance or be taken to hospital and the dr's need to make a judgement call in the parents absence which is deemed by that professional to be necessary to the child's well being, then all responsibility on my part is waivered should things not go to plan. I do not want to be in a position where the doctor asks me for consent. I can not give it and will not give it, so I pass on the responsibility to a doctor if an emergency arises which is time sensitive and would prevent waiting for parents to show up.
Perhaps I should have been more specific, I am meaning for the everyday bumps, falls, stumbles that all kids have, that kind of thing. I have had parents that have been upset that a child fell and scraped their knee while out on our walk. I am not talking anything critical, I would never ask a parent to give up that right.
The only liability clause I have is like Brights. If I have to call for an ambulance, I am not responsible for that cost etc.
As for the bumps and bruises, I have an incident form for those situations. I'm responsible for them but not to blame....kids will be kids and things like that are to be expected. Parents realize this
I'm the same as 5 Little Monkeys. I think a liability clause sends off red flags for parents. Scrapes and bumps happen. Parents should be aware of that. Just document with an incident/accident report and have you&the parent sign it, and keep in your records.
IMO, that's not really a liability issue. Liability is something that would require you to make restitution, as in being sued. I think what you should do is have a clause in the contract, or a paragraph in your handbook, (whichever) that states, the obvious. Kids can be clumsy, reckless and accident prone. They explore their world with 'gusto', and have no understanding of consequences. Accidents happen. Then maybe a bit about how you will handle these situations. Some parents just can't help themselves, they have to question every little thing. I'm not saying they don't have a right to do that, but you also don't have to feel guilty about a scraped knee, either.
Thank you kindertime for your reply, that's exactly what I was trying to get to I guess, I just want something that says hey your kids will fall, they will get scrapes, bumps and who know what else. You are exactly right in that I don't want to feel guilty when a child literally trips over their own feet. Of course, we all feel bad but I don't want the parent thinking I was irresponsible at every turn. Kids are kids, they play without any hesitation of what could happen.