Is Your Contract Really Legally Binding??

[Mary Poppins]

I'm looking over my policies and contract (much of which I have patched together after reading so many others) and I honestly am not sure just how legally binding it really is! :confused:

It SOUNDS great and all, but...

Has anyone had a lawyer look yours over? I'm considering it just to be sure.

[MyAngels]

I'm looking over my policies and contract (much of which I have patched together after reading so many others) and I honestly am not sure just how legally binding it really is! :confused:

It SOUNDS great and all, but...

Has anyone had a lawyer look yours over? I'm considering it just to be sure.

Here is a very general primer on contracts: http://contracts.lawyers.com/contrac...cs.html?page=1

It certainly could never hurt to have an attorney look your contract over, if you have any doubts.

I've never had to try to enforce my contract in court, but I believe it meets the requirements to be enforceable in my state.

[Meeko]

I had an attorney go over mine.

In several places in my contract I mention that this is a legally binding contract.

[Mary Poppins]

I had an attorney go over mine.

I'm thinking it's a good idea to do this. I'd hate to try to have mine stand up in court and a lawyer finds all sorts of loop holes (which they are trained to do).

My dd wants to be a lawyer. I wish she'd hurry that career thing up! ::

[Blackcat31]

Tom Copeland has some excellent insight about contracts and policies

http://www.tomcopelandblog.com/contracts-policies/

[Mary Poppins]

Tom Copeland has some excellent insight about contracts and policies

http://www.tomcopelandblog.com/contracts-policies/

Thanks! He sure has some great tips.

[countrymom]

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...

[Childminder]

I have gone to court multiple times and the judge said that my contract was the best one she ever saw. Her mother was a daycare provider. As long as it is signed by both parties I believe it is legally binding.

[countrymom]

I have gone to court multiple times and the judge said that my contract was the best one she ever saw. Her mother was a daycare provider. As long as it is signed by both parties I believe it is legally binding.

thats what I think too.

[Blackcat31]

I have heard and seen it go both ways. A majority of time, the contracts are legally binding and are held up in a court but I have also seen providers who haven't gotten everything to go their way. For example, one provider had a client who owed her $150.00 and had a late fee of $10 per day. The provider charged this parent the late fee until the court date and the judge did not allow the entire amount to be awarded to the provider because in her words "the late fee far outweighed the original balance owed."

I have also seen providers win in court against families on subsidy and the judge either ruled in the parents favor (because they were low income and had no means of paying off the balance) or ruled in the provider's favor but the provider never saw a dime because the judgement placed against the parent on subsidy could never be collected due to the parent again being low income.

I think that in most cases, contracts are legally binding but I have seen some odd circumstances that the parent won.

One of my friends who is a provider lost in court against a parent because the parent could proove that the provider allowed her to be late before with payment and just because the provider decided to start enforcing the contract after the fact, she herself voided it by allowing her (the parent) an exception to the rule. Which is another good reason to NEVER waiver from your policies or rules.

[Mary Poppins]

One of my friends who is a provider lost in court against a parent because the parent could proove that the provider allowed her to be late before with payment and just because the provider decided to start enforcing the contract after the fact, she herself voided it by allowing her (the parent) an exception to the rule. Which is another good reason to NEVER waiver from your policies or rules.

Great point!!

When I started I didn't want to seem "inflexible" and I wanted to be nice because I thought if they didn't perceive me as nice then they wouldn't leave their children with me. I've quickly learned that if I continue this pattern I will be completely steamrolled by some of these parents.

So I'm strengthening my contract AND my backbone.

[Ariana]

I have heard and seen it go both ways. A majority of time, the contracts are legally binding and are held up in a court but I have also seen providers who haven't gotten everything to go their way. For example, one provider had a client who owed her $150.00 and had a late fee of $10 per day. The provider charged this parent the late fee until the court date and the judge did not allow the entire amount to be awarded to the provider because in her words "the late fee far outweighed the original balance owed."

I have also seen providers win in court against families on subsidy and the judge either ruled in the parents favor (because they were low income and had no means of paying off the balance) or ruled in the provider's favor but the provider never saw a dime because the judgement placed against the parent on subsidy could never be collected due to the parent again being low income.

I think that in most cases, contracts are legally binding but I have seen some odd circumstances that the parent won.

One of my friends who is a provider lost in court against a parent because the parent could proove that the provider allowed her to be late before with payment and just because the provider decided to start enforcing the contract after the fact, she herself voided it by allowing her (the parent) an exception to the rule. Which is another good reason to NEVER waiver from your policies or rules.

I think tis can be true for any contract, even one read over by a lawyer. Judges can "bend the rules" so to speak which is why they're judges. If they see a statement in a contract that they deem to be unfair it's really up to them. A lot can depend on the judge.

[daycare]

I have heard and seen it go both ways. A majority of time, the contracts are legally binding and are held up in a court but I have also seen providers who haven't gotten everything to go their way. For example, one provider had a client who owed her $150.00 and had a late fee of $10 per day. The provider charged this parent the late fee until the court date and the judge did not allow the entire amount to be awarded to the provider because in her words "the late fee far outweighed the original balance owed."

I have also seen providers win in court against families on subsidy and the judge either ruled in the parents favor (because they were low income and had no means of paying off the balance) or ruled in the provider's favor but the provider never saw a dime because the judgement placed against the parent on subsidy could never be collected due to the parent again being low income.

I think that in most cases, contracts are legally binding but I have seen some odd circumstances that the parent won.

One of my friends who is a provider lost in court against a parent because the parent could proove that the provider allowed her to be late before with payment and just because the provider decided to start enforcing the contract after the fact, she herself voided it by allowing her (the parent) an exception to the rule. Which is another good reason to NEVER waiver from your policies or rules.

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.

[countrymom]

I'm stealing it for mine.

[Mary Poppins]

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.

Daycare, this is brilliant. It is going in my policy NOW. Thank you. happyface