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  1. #1
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    Contract Subject to Change clause

    Hi - does a contract have to have a point in it that the contract can be updated annually, or from time to time at my discretion, before I can make any changes?

    When I first started I had a pretty lax contract and didn't include this clause. Now I'm in a few years and would like to make some changes to a family i've had a few years and didn't put in their contract the subject to change clause (which I have now done for future families). Am I bound to original contract? TX!

  2. #2
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    I do. I not have annual contracts like some. If someone comes here, we agree terms and have contract that lasts until one of us gives other notice to end it. I have this clause so if I need to make change, I can.

    Revisions to the Handbook and Contract
    Although careful consideration has been given to the content of the handbook and the contract,
    there will be occasion when these documents need to be revised. Parents will be advised at least 14 days in advance of a policy change unless it is a new provincial regulation which is beyond my control. Parents will also be provided with a new handbook detailing the changes.
    There will also be times when it is necessary to increase the fees charged to parents. Again,
    parents will be given at least 14 days notice of this change.
    By continuing to remain in my care and not submitting notice, then changes are accepted as notified and automatically become policy 14 days after notification of the change.
    Yes, you are bound by the contract you signed - both parties are. It doesn't become null just because you learned to lesson and gained some experience.

    Best solution is to sit down with client and explain and request but they not obligated to change their contract.

    Other option is to give notice and replace with someone bound by new contract but that is harsh if they good clients.

    Final option is to wait until child goes to school and then client will resign their place and anyone new coming in has new contract.
    Last edited by Suzie_Homemaker; 04-13-2015 at 10:08 AM.

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  4. #3
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    I have a contract that is ongoing, not a 1 year contract as I never really saw the point. I can make changes at any time for any reason and give 30 days notice of any changes to be made.

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  6. #4
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    Sitting down with this client would work best as they have been good clients. If I did opt to term what would I say it was based on? Tx
    Last edited by ebhappydc; 04-13-2015 at 10:43 AM.

  7. #5
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    I have a clause that says I have the right to make contract changes at any point, as well as fee increases.
    It depends what your contract says about termination. Common reasons could include: failure to follow policies in contract/repeated late payments/repeated late pickups/sending kids in with fever reducer knowing they are sick/behaviour/disrespect issues with parents or children/not meeting the child's developmental needs/not following contracted hours etc. Everyone has their own unique list of termination reasons in their contract.

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  9. #6
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    I think you could sit down with them and show them the new contract that you have now. They can either agree to it or they can choose to leave and find another dcp if they wish.

    I was the same as you. My first contract had no end date or termination clause. I now have both and do yearly changes if need be.

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  11. #7
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    Quote Originally Posted by ebhappydc View Post
    Sitting down with this client would work best as they have been good clients. If I did opt to term what would I say it was based on? Tx
    I find honesty is best way. Say that when you started, you made naive mistakes on the contract and in your business which you now know were poor business. That you value this client but the old contract is in conflict with everyone else and you would like to discuss the policy changes in the hope they will either agree to same contract as everyone else or you can negotiate to meet in the middle. It's okay to tell them that you don't want to have to let them go but you missed out so much keeping them, that it might be a consideration if they unwilling to change contracts.

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  13. #8
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    Quote Originally Posted by Suzie_Homemaker View Post
    I find honesty is best way. Say that when you started, you made naive mistakes on the contract and in your business which you now know were poor business. That you value this client but the old contract is in conflict with everyone else and you would like to discuss the policy changes in the hope they will either agree to same contract as everyone else or you can negotiate to meet in the middle. It's okay to tell them that you don't want to have to let them go but you missed out so much keeping them, that it might be a consideration if they unwilling to change contracts.
    Good advice. Will do.

  14. #9
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    Quote Originally Posted by 5 Little Monkeys View Post
    I think you could sit down with them and show them the new contract that you have now. They can either agree to it or they can choose to leave and find another dcp if they wish.

    I was the same as you. My first contract had no end date or termination clause. I now have both and do yearly changes if need be.
    Thanks, yeah i'lll sit down with them and show what all the new families are signing. They have been a loyal family so I'll meet them somewhere in the middle. Their 3rd boy coming to me this summer so I think they'll stay. Thanks bunches.

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