Is Your Contract Really Legally Binding??

[Ariana]

I do have in my policy, that should I decide to waive/forgive a DC policy for any certain reason, that it does not void or cancel out the contract between both parties.

Great idea!

[Blackcat31]

I do have in my policy, that should I decide to waive/forgive a DC policy for any certain reason, that it does not void or cancel out the contract between both parties.

Great idea! But I asked my one neighbors (he is a district court judge) about this whole topic and he said, just because you put into writing that you can change the contract doean't mean you can.

If you have a clause that basically says "I can change things and not follow rules, but you can't" that is not fair to the person signing it. He said the point of a contract is for BOTH parties to know what is and isn't allowable and when only one party has the authority to change things at will, then it essentially voids the contract since the other party had no idea you were going to change something.

He said you are better off saying something specific such as "The provider reserves the right to waive up to 3 late fees during the year at her discretion." Or "The provider reserves the right to allow up to three early or late drop offs every six months".

The signing party HAS to be aware of what rule(s) you reserve the right to change. A contract isn't a contract if ONLY one side has to follow the rules.

[Christian Mother]

I think it can be on both sides on whether a contract can be broken. Both parties need to have clear evidence of what is being broken. If your contract states it is legal binding then your stating it is. List your contract clear and persist and fair. Have a attorney go over it and approve it as well. Just bc we have a legal binding contract doesn't mean that we can always win in court. We need to be able to uphold to our own rules so if we brake them and the other party can prove that then we're out and could be paying their fees.

[kidkair]

He said you are better off saying something specific such as "The provider reserves the right to waive up to 3 late fees during the year at her discretion." Or "The provider reserves the right to allow up to three early or late drop offs every six months".

The signing party HAS to be aware of what rule(s) you reserve the right to change. A contract isn't a contract if ONLY one side has to follow the rules.

Thanks Blackcat! This wording is great and exactly what I was looking to add to my contract.

[wdmmom]

I have in my contract this:

Modifications to the rules and regulations may be made throughout the course of enrollment. Any addition or deletion of policies does not void the contractual obligations already set forth.

[Mary Poppins]

I have in my contract this:

Modifications to the rules and regulations may be made throughout the course of enrollment. Any addition or deletion of policies does not void the contractual obligations already set forth.

So do you have them sign a new contract if and when you make changes to policies? Or do you make them aware of the changes and their original contract holds them to the new changes or do you just hold them to the original policy they agreed to at signing?

[wdmmom]

So do you have them sign a new contract if and when you make changes to policies? Or do you make them aware of the changes and their original contract holds them to the new changes or do you just hold them to the original policy they agreed to at signing?

I added a rule to my illness policy about a year ago. I notified parents via email, typed it out on paper and had them initial and date the modification. I then stapled it to the original contract they signed.

[Unregistered]

any contract that is signed is legally binding. Just like buying something off of craigslist, if you have it signed its legal. I watch alot of court shows too, so if its signed well then...

This is not entirely true...and a perfect example of why you should consult with an attorney..not an armchair lawyer...and just because you saw it on Judge Judy doesn't make it hard and fast, or even true in your state.

Most contracts are legally binding, but there are several exceptions. talk to a lawyer.