Wanting to change contract - WWYD?

[playfelt]

My contract says 4 weeks notice to change or terminate the contract.

Your other option is to take on the other child and then let them give notice for breach of contract and leave. It still leaves you with the new child and able to replace. No different than if we give them notice for not fullfilling the terms of the contract . Once you don't adhere to something in it then the contract can be nullified.

I say take the new child on and put the ball in their court. They may stick it out for a bit to see how things go or they may get into a huff and move on. I would still send out the memo saying you intend to expand your daycare to include up to 5 children so they have some warning.

[Sarah]

If your contract says 3 kids, I think they have a right to refuse. And I don't agree with the others that you are entitled to change these terms, unless it is clearly stated in your contract that you can do so.

I personnally suggest that you take that off your contract for next time (at renewal) and explain to the parents that you are entitled in Ontario to have 3, and now feel that you could easily manage. Give them some confidence, they just seem anxious! You could also tell them that you financially need the extra money (without going in deeper explanation as this is not their business).

If they are too stubborn, tell them right away that you will fulfill your end of the contract but will change this clause at renewal, if you renew with them now knowing how they don't have confidence in you and they don't respect you as a person either!

Sarah

[mom-in-alberta]

Okay, a couple points....
My contract stipulates that I can make amendments with 30 days notice. As in; if you are not accepting of the changes, you can give your notice in that time. I don't think that's unfair, as it goes both ways. If the parents change their situation/arrangement, etc, they give me the same notice.
I know it's too late now, but I don't think I would have "asked" the parents. I may have floated the suggestion, to see what they think/feel. But it's ultimately my (your!) decision, not theirs.
Anyway, if you feel like there is no reason for you NOT to take on a child, you need to discuss this with them. Find out what exactly makes them uncomfortable. Perhaps they don't realize the schedules, in that you won't have all the kids, all the time.
Ultimately, they can't DISALLOW you.... but they can leave, for breach of agreement, if they get right pissy. So, if they are still against it; you need to decide what means more to you. That family, or adding some more income?

[playfelt]

Terms of contracts are changed all the time in business. But what it means is when one party wants to change the terms the other party has the right to walk away from the contract without penaltly. So let all families know in writing that now that you have had a chance to develop your routines and settle into your new career that you are going to allow 5 daycare children to attend your program and as of whatever date will begin advertising to fill the spaces. Then go into how it is legal and the norm. You could also put in something that rather than raise daily fees to cover the loss of income you are going to bring your program up to the provincial standard for numbers and leave it at that.

[Judy Trickett]

If their contracts are up in June I would advertise NOW for the spots of the families who said "NO" and the additional kids you want to take on. Fill those spots to start in June and then don't renew the contracts.

We have the RIGHT to change our business model. No business in the world remains the same with NO change throughout its existence. GOOD businesses DO change as the needs of the public or the market segment or the owner change.

[Sandbox Sally]

Thank you all so much. What you say makes perfect sense. I will advertise now for June. I really hope they don't leave, but if they do, I guess I'll just have to realize that it's possible to find great families other than them.

[sunnydays]

I also started out a year ago and thought I would take 3 maximum, but I did not put that in my contract or advertise as a low-ratio daycare, so when I decided to take a fourth, I just told the parents we would have a new friend joining us and that was it...nobody said a word. However, in your case it is trickier, so I agree with the others who have suggested having the new child start in June and changing your contract then. I give out new contracts every year too and I made a few changes to them in January...nobody left (although they were not major changes). Good luck! By the way, I wouldn't tell them it's because you need the money...that makes it seem like you are piling on the kids to fill your wallet...we all need more money...that is why we do this business, but I just wouldn't mention it like that.

[Sandbox Sally]

Holy crap!! I just went through my contract...it says NOTHING about three kids in it! I write that on my ads, but I thought it was in my contract too. So.

Now? Four weeks notice? What do you think?

[Play and Learn]

Holy crap!! I just went through my contract...it says NOTHING about three kids in it! I write that on my ads, but I thought it was in my contract too. So.

Now? Four weeks notice? What do you think?

I only give 2 weeks notice.

[Mamma_Mia]

Holy crap!! I just went through my contract...it says NOTHING about three kids in it! I write that on my ads, but I thought it was in my contract too. So.

Now? Four weeks notice? What do you think?

I know that many people would do a 2 week notice but I personally think 3/4 weeks is better in this situation. I don't like burning bridges or 'bad karma'. That gives them enough time to find a replacement.