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  • Mom2Two
    Daycare.com Member
    • Jan 2015
    • 1855

    #16
    If 90 days isn't normal, I would say that it might be good to become a more savvy consumer. That does seem harsh. You could call around and find out some info.

    You did sign the contract, but that doesn't mean that you have no clout. If the provider won't be understanding, you can always let others know the facts of your experience. I don't mean to be a witch, but if she advertises on a place where you can leave feedback or if you have a parent forum that you participate on, you can let others know to not get their foot in the same trap as you.

    But only say the facts. There would be potential legal problems from giving an emotional opinion about her business practices.

    It's true that you did sign the contract, but also you are not responsible for market conditions in your area. You are not responsible for what the provider chooses to do for a living, so I wouldn't worry about that aspect of it.

    Comment

    • Hunni Bee
      False Sense Of Authority
      • Feb 2011
      • 2397

      #17
      Originally posted by Meeko
      I would be more concerned that the contract states that children are given lunch and two SNAKES each day........LOL...sorry...couldn't resist.

      The contract doesn't state anything other than the three month requirement. I am going to assume she may use collections or small claims if clients decide not to abide by the contract.

      I personally feel that three months is an excessive amount of notice... BUT.....you agreed to it when you signed the contract.

      Maybe talk to her and see if she is willing to budge, but she is under no obligation to do so.
      I consider two snakes to be excessive. I usually try to stick to just one. Don't wanna waste my snakes.

      Comment

      • Cat Herder
        Advanced Daycare.com Member
        • Dec 2010
        • 13744

        #18
        Originally posted by Mom2Two
        you can always let others know the facts of your experience. I don't mean to be a witch, but if she advertises on a place where you can leave feedback or if you have a parent forum that you participate on, you can let others know to not get their foot in the same trap as you.
        I'd be careful with that, though. Providers also have the ability to blacklist. We all belong to one association or another. ex: Providerwatch.
        - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

        Comment

        • storybookending
          Daycare.com Member
          • Jan 2017
          • 1484

          #19
          Interested to see if this was resolved

          Comment

          • Snowmom
            Daycare.com Member
            • Jan 2015
            • 1689

            #20
            Originally posted by Mom2Two
            If 90 days isn't normal, I would say that it might be good to become a more savvy consumer. That does seem harsh. You could call around and find out some info.

            You did sign the contract, but that doesn't mean that you have no clout. If the provider won't be understanding, you can always let others know the facts of your experience. I don't mean to be a witch, but if she advertises on a place where you can leave feedback or if you have a parent forum that you participate on, you can let others know to not get their foot in the same trap as you.
            :confused:
            I'm sorry, but I don't understand what you're inferring here.
            Or at least I'm hoping I don't understand.

            Are you saying he/she should threaten a bad review to get their way?

            Originally posted by Mom2Two
            But only say the facts. There would be potential legal problems from giving an emotional opinion about her business practices.

            It's true that you did sign the contract, but also you are not responsible for market conditions in your area. You are not responsible for what the provider chooses to do for a living, so I wouldn't worry about that aspect of it.
            The facts also suggest the OP had opportunity to read the contract and BE an informed consumer before agreeing to enter into a business relationship. Why was 3 months notice acceptable 4 years ago but not now when it actually applies to her/him?

            Throwing an online tantrum and essentially trashing someone who cared for your child for 4 years... just because you didn't feel like her exiting policies (that you agreed to) are fair is absolutely ludicrous. It would show more about your lack of character rather than her unwillingness to break her own contract.

            Comment

            • e.j.
              Daycare.com Member
              • Dec 2010
              • 3738

              #21
              Originally posted by Snowmom
              :confused:
              I'm sorry, but I don't understand what you're inferring here.
              Or at least I'm hoping I don't understand.

              Are you saying he/she should threaten a bad review to get their way?



              The facts also suggest the OP had opportunity to read the contract and BE an informed consumer before agreeing to enter into a business relationship. Why was 3 months notice acceptable 4 years ago but not now when it actually applies to her/him?

              Throwing an online tantrum and essentially trashing someone who cared for your child for 4 years... just because you didn't feel like her exiting policies (that you agreed to) are fair is absolutely ludicrous. It would show more about your lack of character rather than her unwillingness to break her own contract.

              Comment

              • Mom2Two
                Daycare.com Member
                • Jan 2015
                • 1855

                #22
                Originally posted by Snowmom
                :confused:
                I'm sorry, but I don't understand what you're inferring here.
                Or at least I'm hoping I don't understand.

                Are you saying he/she should threaten a bad review to get their way?



                The facts also suggest the OP had opportunity to read the contract and BE an informed consumer before agreeing to enter into a business relationship. Why was 3 months notice acceptable 4 years ago but not now when it actually applies to her/him?

                Throwing an online tantrum and essentially trashing someone who cared for your child for 4 years... just because you didn't feel like her exiting policies (that you agreed to) are fair is absolutely ludicrous. It would show more about your lack of character rather than her unwillingness to break her own contract.

                No, I meant what I wrote--to not be a witch. I don't know the OP or the person she made a contract with. I don't know the market condiditions of the area. I don't know how experienced the client is with daycare. I don't know how experienced the provider is with daycare.

                Heck, when DS was 4 and 5, and I used two different centers, I didn't realize that I should have probably reported a provider who organized a field trip up a mountain with a big, steep drop off. She didn't pack food or drink. I went with my son up the mountain, because I didn't want him to miss a potenitally great experience (okay, it wasn't really age appropriate for 3-5 year olds) but I am also the parent that doesn't expect everyone else to care as much about my kids as I do. The trip took hours in the Summer. It was so that the provider could get her older son his hiking merit badge.

                And this experience was at the BETTER of the two centers my son was at.

                People are so different. Sometimes the right thing to do is to try to teach.

                If this is a normal situation, I would say that the provider should be more reasonable. Yes, providers can be horrible people too.

                If the client is truly in a difficult situation, and the provider is being a horrible person, after having an attorney review the contract (e.g. maybe giving notice isn't the same things as actually paying), I would definitely remind the provider that like any normal consumer, she will not be able to recommend the provider and may feel morally obligated to help other consumers know of the potential problem.

                Comment

                • Cat Herder
                  Advanced Daycare.com Member
                  • Dec 2010
                  • 13744

                  #23
                  Originally posted by Mom2Two
                  morally obligated to help other consumers know of the potential problem.
                  She does not have to. The provider already tells people about her policy. It is literally in her contract that the OP signed.

                  The OP is the problem in this scenario.
                  - Unless otherwise stated, all my posts are personal opinion and worth what you paid for them.

                  Comment

                  • Jupadia
                    Daycare.com Member
                    • Nov 2016
                    • 836

                    #24
                    Originally posted by Mom2Two;

                    If the client is truly in a difficult situation, and the provider is being a horrible person, after having an attorney review the contract (e.g. maybe giving notice isn't the same things as actually paying), I would definitely remind the provider that like any normal consumer, she will not be able to recommend the provider and may feel morally obligated to help other consumers know of the potential problem.
                    I'm confused how do you know that the provider is being a horrible person, as far as we know the only thing they have done is have what most of us consider a long notice period that was played out in her contract that the parent signed. I dont know what she did to make you think she was horrible. The op may not want to recomend the provider to friends because they dont like the notice period. But to suggest that they threaten with a bad review is going over board in my mind. Read what you sign.
                    Last edited by Blackcat31; 03-15-2019, 02:05 PM.

                    Comment

                    • Mom2Two
                      Daycare.com Member
                      • Jan 2015
                      • 1855

                      #25
                      Originally posted by Jupadia
                      I'm confused how do you know that the provider is being a horrible person, as far as we know the only thing they have done is have what most of us consider a long notice period that was played out in her contract that the parent signed. I dont know what she did to make you think she was horrible. The op may not want to recomend the provider to friends because they dont like the notice period. But to suggest that they threaten with a bad review is going over board in my mind. Read what you sign.
                      There's an "if" in what I wrote. Double-checked just now...and yes, it's there.

                      I absolutely do not know what the situation is. All I'm really trying to say is that "if" the OP is in a truly difficult, unforeseeable situation, I would hope the that the provider would be understanding if at all possible.

                      It's not out of the realm of possibility to me that the provider has a problem. I've read some odd and overly lengthy contracts that are out there. But, I don't know. Family daycare isn't always going to be an efficient market, meaning that if they are sparsely dispersed in OP's area, the market won't self-correct as well as it might in another area with more competition. There might be outliers with funny practices.

                      I'm probably going to let this thread drop at this point. I'm starting to feel like I'm trying to over-explain. :hug:

                      Comment

                      • AmyKidsCo
                        Daycare.com Member
                        • Mar 2013
                        • 3786

                        #26
                        Originally posted by Meeko
                        I would be more concerned that the contract states that children are given lunch and two SNAKES each day........LOL...sorry...couldn't resist.

                        The contract doesn't state anything other than the three month requirement. I am going to assume she may use collections or small claims if clients decide not to abide by the contract.

                        I personally feel that three months is an excessive amount of notice... BUT.....you agreed to it when you signed the contract.

                        Maybe talk to her and see if she is willing to budge, but she is under no obligation to do so.
                        So here's a question - if the provider is in breach of the contract by not giving the children 2 SNAKES a day, is the OP responsible for 90 days notice? Obviously SNAKES is a typo, however if the provider argues that point, couldn't the OP argue that 90 days is also a typo??

                        Just another reminder to double-check everything!

                        Comment

                        • Snowmom
                          Daycare.com Member
                          • Jan 2015
                          • 1689

                          #27
                          Originally posted by AmyKidsCo
                          So here's a question - if the provider is in breach of the contract by not giving the children 2 SNAKES a day, is the OP responsible for 90 days notice? Obviously SNAKES is a typo, however if the provider argues that point, couldn't the OP argue that 90 days is also a typo??

                          Just another reminder to double-check everything!
                          Spelling mistakes in a legal document do not void the contract if the intent is clear.
                          Coming from someone who used to write real estate contracts, it's known as a "Scrivener’s Error".
                          If the error is not clear, then only that sentence will be questioned and possibly disputed- which in this case is "meals" since it's listed under that paragraph. However, it's pretty clear what the intention of the word was in that sentence.

                          Comment

                          • Blackcat31
                            • Oct 2010
                            • 36124

                            #28
                            See? People get disappointed when snakes are actually snacks... :: ::

                            Comment

                            • Hunni Bee
                              False Sense Of Authority
                              • Feb 2011
                              • 2397

                              #29
                              Originally posted by Blackcat31
                              See? People get disappointed when snakes are actually snacks... :: ::

                              https://www.msn.com/en-us/lifestyle/...cid=spartanntp
                              !!! I saw that a few days ago and remembered this thread ::

                              Comment

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