This is fair, right?

[Rachael]

Good morning!

I've been looking after this one lady, we'll call her Amy, well I've been looking after her kid since he was two. Just on and off -- max six days a month. He is now four. My day care used to be open from 8-5. Now, it's 8-4:30. This is fine for all my parents but Amy. I told her I am willing to work with her on this and stay open until 5 for her. She said she appreciated it.

I'm thinking, though, that I should still charge her extra (my rate is $5 for every 15 minutes they stay past 4:30). So this would bring her daily bill from $40 to $50. Does this sound fair? It's what I would do if another parent phoned me up and said they needed me to look after their child until 5. I'm flexible, I CAN look after them till 5... but since my operating hours are 8-4:30, and in my parent's handbook it says that if kids stay past 4:30 it's $5/15 minutes extra, should I apply this to her too? Or because she is going to ALWAYS be picking up at 5 (or later -- 5:15 sometimes) should I waive it and make an exception for her?

What are your thoughts?

I think you are on dicey ground both morally and contractually.

If your contract with Amy states that care will be available until 5pm and if you have further confirmed that you will not be applying your change in hours to her agreement, you have no grounds to amend the agreement you have, and apply an additional fee.

A change in contract only applies if both parties agree to it.

Sure, you can notify of a change in business and if a client doesn't agree with it, then when the new rules come into force, your contract is null and void. But you didn't do that. You reassured this parent that her original agreement would stand and care would be available until 5pm. Legally, you cannot now apply a fee for that because you would be in breach of contract.

It's a completely different situation if a new client contacts you as they have no agreement/contract and therefore whatever you negotiate with them about after hours fees, is entirely up to you, and they have the option of declining.

How can it be fair in any way, to change your hours, acknowledge that the change doesn't suit a client, reassure them that you won't apply the change to them and then expect them to pay $10-$15 per day more than they had been paying for exact same service and hours?

If you had a standing hair appointment for 8pm on Tuesday night and the hairdresser phoned to say they now closed at 7pm but not to worry, for you, she'd still be there at the agreed time, would you think it fair if she then charged you extra? Of course you wouldn't and you don't even have a signed contract with terms and conditions for this relationship. But I bet you'd be miffed and likely feel a ripped-off.