Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
If you have questions about this, please email help@theknot.com.
Thank you.
Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.
legal ?, did you sign a liability release for daycare?
We chose a daycare that offers drop in for Emmaline and we're working on the enrollment packet. We came to the liability release and DH and I are having a tough time with it. Did you have to sign one? Did it look like this?
"In condition of acceptance of my child's entry we intending to be legally bound do hereby waive, release, and forever discharge any and all rights and claims against Children's ______, employees, or other childcare parents for damages or injuries sustained by my child, or myself while participating in, about, or attending any childcare activity related to Children's _____ weather (yes, wrong weather...) incident takes place in or about the premises or while traveling to and/or form (yes, form...) the premises in a car."
First of all, I don't like that there are spelling and grammatical issues. Hello, it's a legal document, don't they have a lawyer who speaks English? Secondly, this isn't a limited liability release where we won't sue for unavoidable incidents or acts of God, this is EVERYTHING! So... if staff are texting on their phones on the playground and Emma falls and breaks a bone, we have no rights as parents to pursue damages?
Is this typical? Thoughts? Help?? I got called in to sub today and wanted so badly to accept but we're stuck on this in the enrollment packet! Grrrr...
Re: legal ?, did you sign a liability release for daycare?
1. Global releases of that type are not typically enforceable. They cannot release themselves from all stupidity.
2. I wouldn't sign it anyway and would keep looking for another day care. I haven't had to sign anything like that at any of N's schools. It just doesn't set right with me.
I don't like it, just from the standpoint that it is so poorly written, and that it is so 'we are never at fault ever' in tone.
I've never had to sign anything like that.
A committee I'm on at church was meeting last month with our insurance rep, who basically said when it comes to child care (church nursery, Sunday school, preschool) documents like this are worthless. In the eyes of the law, you are expected to offer a safe environment and assumming you do so, an accident should not equal a lawsuit. If you are neglegent in care, no form will erase you from responsibility.
Katie Talks About...
DD -- 5YO
DS -- 3YO
Like WonderRed said (hey that rhymes)...
From my contract experience broad-sweeping liability releases like this are often not enforcable - and that's business contracts with way more $$ on the line than daycare. Can you counter by asking for a certificate of insurance that proves their coverage?
Nope, never signed one of those at any daycare (in-home/center) or preschool.
Are you united with the CCOKCs?
Thank you, everybody. Seriously. I thought this may be a typical thing that every daycare has to deter parents from lawsuits so hearing that it's not the norm is very helpful!!! We're going to go in to the facility next week to talk to the owner about it before Emma starts there.
Thanks again!
Wonderred is proving, once again, that she is terrific.
We did not have to sign a release. And I wouldn't be down with it, either. DD's place actually has a policy in place that if she gets hurt there, they pay our deductible/copay. They do require that LOs there have insurance (can be medicare/CHP, obvs), which limits the amount they'd have to pay.
Not only would I not sign it, I would probably bust out a red pen and edit it, and then give it back while informing them that no other parent you can find with a kid in DC has been presented with this type of document, and that they should probably consult a lawyer since it is doubtful that it would protect them from anything. AND that they should probably consult and English speaker before handing out anything to any parent ever again.
Then I would find a different daycare. Oh and probably make fun of the first one to everyone who would listen. (Just because that is how I roll.)
- it is so NOT binding it is almost funny (imo) that they would ask you to sign it (hello - I am asking you to watch my child and you are trying to tell me that I can't do anything if you don't and he or she gets hurt? Yeah, that would hold up in a legal situation - NOT!)
Spirit of Power
Eat, Drink, and be Keri
Haha! Love it! Actually, we're pretty far from Kids Town : ( If this place doesn't work out, that's probably where we'll end up taking her since it has come recommended by quite a few mama's. We just would like to avoid an extra 40 minutes on each end of our commutes (DH will drop off, I will pick up, it's out of the way for both of us).