Voiding Your Own Contract...

[daycare]

Earlier there was a good point brought up about voiding your own contract when you forgive one of your policies.

Example, when you state in your policy that you charge $1.00 per min late fee and you chose to waive it for the family who is hardly ever late, then you are actually voiding your own policy.

here is the definition of voided policy.....

Definition
A contract that meets any of the following criteria:
(1) it is illegal from the moment it is made; (2) it is legal but declared null by the courts because it violates a fundamental principle such as fairness, or is contrary to public policy; (3) it becomes void due to changes in law or in government policy; or (4) it has been fully performed.
Lack of capacity to contract (such as arises from being an infant or minor, intoxicated, or insane) automatically makes a contract void. A contract that is void only in one or few parts may be saved by the process of severance. Not to be confused with voidable contract.

Question is how do you word it in your policy that if you decide to waive or forgive or oversee one of your policies, that it will not void your contract.

HELP!!

anyone have advice on this??

[Mary Poppins]

No advice, but I do want to say this seems to be accurate. I found this out because our developer for the subdivision we live in had a "no home based business" rule in the CC&R's but he never enforced it. Several neighbors have run businesses out of their homes. By not enforcing it, zoning determined he made the rule null and void which is why I am able to do hdc here without an issue. happyface

Dang. I better really enforce ALL of my policies now or I run the risk of being on the other end of this and I really hate Karma, she is such a ________ and is always out to get me, it seems.

[SilverSabre25]

I think you can get around that by adding language such as "at the provider's discretion" or "such fees may be enforced" or a paragraph at the end like, "Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations" or something like that.

It's all in the language. Your best bet is probably to go with, "If you're late, the following fee MAY be applied..."

[Cat Herder]

I have each policy in a separate paragraph and signed/initialed individually.

IF I make changes to any section I have them sign a specific addendum to just that policy. I then clip it to the original and keep it on file for two years.

[Blackcat31]

I have each policy in a separate paragraph and signed/initialed individually.

IF I make changes to any section I have them sign a specific addendum to just that policy. I then clip it to the original and keep it on file for two years.

Nice!

[daycare]

I think you can get around that by adding language such as "at the provider's discretion" or "such fees may be enforced" or a paragraph at the end like, "Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations" or something like that.

It's all in the language. Your best bet is probably to go with, "If you're late, the following fee MAY be applied..."

thanks so much for posting this...this is exactly what I am looking for.



"Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations"

[Cat Herder]

thanks so much for posting this...this is exactly what I am looking for.



"Provider reserves the right to enforce policies as she sees fit to suit individual needs and situations"

My only concern is that to the right personality trait it translates loosely to "I can be made to change my mind and give you your own way with just the right amount of pressure."

[Blackcat31]

Why not just do something similar to Catherder and type up a small note saying something like

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."

Then have the parent sign and date the note and put it in their file.

[daycare]

Why not just do something similar to Catherder and type up a small note saying something like

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."

Then have the parent sign and date the note and put it in their file.

sorry I am slow this morning....
So you are saying that if I forgive one of the policies like the example that I gave, that I should type up a note like the one you wrote and then have them sign it and add it to their file?

I do like the sounds of it, but I am such a ****er that I would have to do this almost every day.....

[Cat Herder]

I do like the sounds of it, but I am such a ****er that I would have to do this almost every day.....

So..... start with a note to you to STOP THAT.

Dear Me,

Learn that by constantly allowing exceptions to my own policies I am setting the example that my own needs are unimportant.

Love,
Me

[daycare]

So..... start with a note to you to STOP THAT.

Dear Me,

Learn that by constantly allowing exceptions to my own policies I am setting the example that my own needs are unimportant.

Love,
Me

.......Gotta love you~!!!!!

Because you are right!!

I am going to do exactly this!@!!!!! and then I will do as suggested and will put this on paper today!!!

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."

[Blackcat31]

.......Gotta love you~!!!!!

Because you are right!!

I am going to do exactly this!@!!!!! and then I will do as suggested and will put this on paper today!!!

"I understand that Miss Polly is allowing this exception to her late fee due to certain circumstances and that this is a one time thing and all rules and regluations in the policy handbood still apply."

I said "certain circumstances" because I figured that if it was specific parents would assume there is ALWAYS room for negotiation so I figured being somewhat vague was a better way to go in these types of situations...

[Cat Herder]

Just remember I have a permanent neon post it note on my computer screen that says "Daycare is not a Charity."

We ALL need a reminder from time to time. ::

[Blackcat31]

Just remember I have a neon post it note on my computer screen that says "Daycare is not a Charity."

We ALL need a reminder from time to time. ::

::You crack me up...my pink neon post-it note says "Quality childcare is NOT expensive; it is priceless" Just to remind me...

[Cat Herder]

We should have T-shirts made happyface