Breach of Contract

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  • Heidi
    Daycare.com Member
    • Sep 2011
    • 7121

    #16
    Originally posted by Blackcat31
    My contracts specifically states that ALL information in my handbook/policies is what the parent IS agreeing to so I don't agree that it HAS to be in the contract to be a valid agreement.

    If you don't mind sharing, what "exact" wording does your contract use?
    But, here we have to have sooo much informational stuff in our policies! Like activities and our discipline philosophy. So, if I said we read daily, and then for some reason, we had a day where we just didn't get to a story, then I would be breaching the contract, and a parent could claim that it's invalid. Same with rotating toys frequently. My discipline policy says I will use positive guidance techniques, which I primarily do. But, if I told my 2yo dcb to get off the sofa, because it was the 15th time today I had to say "sofas are for sitting on", would I be breaching my contract?

    In my contract, I have parents sign separately that they have received a copy of my policies, but it doesn't say that they agree to them. I don't even care if they agree to them, honestly. If they don't, then I'd straighten them out or send them packing. :: Yeah, I'm so tough!

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    • mountainside13
      Daycare.com Member
      • Jan 2014
      • 777

      #17
      Originally posted by mnnaim2
      Daycare provider agreed that when we first met the concerns of dogs and pets were already voiced and so knowing this we agreed to meet in the middle and let them keep the deposit fee of the newborn and not have to fulfill our two weeks notice.
      That's great that you two were able to work it out! I understand where you are coming from for not wanting animals around your children. But as a provider I also understand that it is the providers home and we can't involve our daycare families in every decision we make.

      My mistake when I first started was worrying about every decision and making everyone else happy and not myself. When we moved, I actually moved somewhere that I didn't want to live to keep my daycare families happy. It's been 4 years, I hate where we live and those families have grown up and gone to school...

      But I do still agree she should have said something before

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      • Blackcat31
        • Oct 2010
        • 36124

        #18
        Originally posted by Heidi
        But, here we have to have sooo much informational stuff in our policies! Like activities and our discipline philosophy. So, if I said we read daily, and then for some reason, we had a day where we just didn't get to a story, then I would be breaching the contract, and a parent could claim that it's invalid. Same with rotating toys frequently. My discipline policy says I will use positive guidance techniques, which I primarily do. But, if I told my 2yo dcb to get off the sofa, because it was the 15th time today I had to say "sofas are for sitting on", would I be breaching my contract?

        In my contract, I have parents sign separately that they have received a copy of my policies, but it doesn't say that they agree to them. I don't even care if they agree to them, honestly. If they don't, then I'd straighten them out or send them packing. :: Yeah, I'm so tough!
        .....hence the HUGE handbooks some of us have

        I think it's all in the wording. You have to be "creative" . For ex: "Books are generally read everyday depending on time available and planned activities."

        See? Just be clear and vague at the same time. ::

        Comment

        • Laurel
          Daycare.com Member
          • Mar 2013
          • 3218

          #19
          We are required by licensing to inform parents of any pets in the house. It is in writing and they sign it.

          I think that is totally fair. I wouldn't enroll a child of mine in a daycare that had a pet. I think it was wrong of her not to inform parents.

          Laurel

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          • jgcp
            Daycare.com Member
            • Dec 2013
            • 134

            #20
            I have a dog, no where in my contract or policies and procedures does it mention that I have one or that I don't. I inform the parents of it right away tho. The dog is part of my family and if that's a deal breaker oh well. Its like putting in the info that I might get prego or not later down the road and asking if the parents agree to that or not!?? I understand that ppl can be uncomfortable with animals but honestly just talk to the provider about it! Communication goes a long way. Happy it worked out tho
            Azchildcarepvdr

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