Contracts + Policies/Procedures: Review by Attorney?

[jlynn]

Hello; When it comes to your daycare's policies, procedures, and contracts, do you have an attorney (small business, or the like) review/assist in the preparation before you submit to parents/guardians to sign? Is this something owners should consider with start-up costs / is this worth the time & money to do? Thank you in advance!

[Blackcat31]

I've never had an attorney look over mine.

I guess the way I see it, is if BOTH parties agree to it then it's a legal binding document. The only way it would be invalid is if the parties don't agree or the contract goes against the state's laws.

For example you cannot ask a parent to sign off on their right to sue you if their child gets hurt due to your negligence. Even if parents sign a waiver stating they won't sue you the law says they can.

That's the kind of thing I mean when I say it can't go against the law.

Otherwise, I have things in my policies that protect me from loss, such as pre-payment only and requiring a deposit equal to my notice period. As long as parents pre-pay I won't be out money for any services rendered.

Each state also has their own requirements as to what needs to be included in each programs policies and contract so I would check your state's rules/regulations in that regard.

Otherwise anything you add to your contract and/or policies are up to you.

As a small business owner YOU get to decide what services you will offer/provide and as a parent, THEY get to decide if those services work for them or not. If not, then they should not enroll with you and/or sign the contract.

[jlynn]

Thank you! And, how do you know you've covered all bases?

[Blackcat31]

Thank you! And, how do you know you've covered all bases?

Usually it's when you have an issue and you think to yourself..."why didn't I put that I my contract?"

It's almost always how long term providers realize its a base we should have covered. ::

My handbook started out only a few pages but is now 35 pages long.

I can PM you the link to it, if you are interested in seeing mine.

[jlynn]

Sounds like life, doesn't it? "Why didn't I think of that?".

Yes, that would be fantastic, thank you!

The reason I originally asked is because I am currently in the HR profession & much of my daily decisions and counseling to employee's & management is always with "legality" in mind. It's only fitting that I'd transition that thinking into my own business.

[Blackcat31]

My original plan was a degree in law.

2 years in and my own child required me to open a child care so 20+ years later, I am still here. Now my degree is in Early Childhood Education but my background in legal stuff has helped.

I PM'ed you my information. If you have any questions about anything....just let me know.

[Daycare Insurance]

Hello; When it comes to your daycare's policies, procedures, and contracts, do you have an attorney (small business, or the like) review/assist in the preparation before you submit to parents/guardians to sign? Is this something owners should consider with start-up costs / is this worth the time & money to do? Thank you in advance!

This is a really good question, If you aren't familiar with Tom Copeland, he is a moderator on this forum, and very well known in the child care community. I believe he actually has a book on child care policies and handbooks. I would check out his website and see what books he has available for sale, they could certainly be a good resource for you.

[Blackcat31]

Here is Tom Copeland's website/blog

http://tomcopelandblog.typepad.com/tom-copelands-taking-car/

[jlynn]

Thank you for the responses & information. I am familiar with Tom Copeland's website.

[Unregistered]

I had mine looked over by a collection agency I use.