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I need to come up with wording for a waiver of liability for my landlords for the parents to sign saying they won't sue them for anything. Anyone have any good suggestions?
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This is mine. It includes a medical release too. You could take that out and add your landlord's name specifically if you wished. I had it drawn up by an attorney.
LIABILITY RELEASE WITH PARENTAL CONSENT
FOR MEDICAL/EMERGENCY
TREATMENT AND TRANSPORTATION
CHILD'S NAME ____________________________________ DATE OF BIRTH ___________________
ADDRESS _________________________________________PHONE NUMBER ___________________
The undersigned(s) being the lawful parent(s) and/or guardian(s) of the above child, hereby consent to the participation by the child in all day care activities conducted by *** Day Care and to the participation of the child in all events related to said activities.
The undersigned hereby further authorize(s) any of the staff, employees, agents and representatives of *** Day Care to provide for, approve and authorize any health care at any hospital, emergency room, doctor's office or other institution, employ any physicians, dentists, nurses or other person whose services may be needed for such health care, review and if necessary disclose the contents of any medical records, execute any consent form required by medical, dental or other health authorities incident to the provision of medical, surgical,or dental care to the child. Health care shall include, but not be limited to the administration of anesthesia, x-ray, examination, performance of operations, diagnostic and other procedures.
The undersigned(s) hereby further authorize(s) emergency transportation by either day care personnel or if necessary by ambulance or other emergency vehicle.
If there is no medical emergency, the day care staff will first use reasonable efforts to contact the parent(s) and /or guardian(s) before administering or authorizing any treatment.
Notwithstanding other provisions in this consent form, *** Day Care shall not have the authority to withold or withdraw life-sustaining procedures for the child.
The day care is well child-proofed and the children are consistantly well supervised. However, accidents do happen. The undersigned(s) assume(s) all risk of injury or harm to the child associated with participation in the day care and agree(s) to release, indemnify, defend and forever discharge *** Day Care and it's staff, employees, and agents of and from all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, injury, loss or damage to the child, or by the child, howsoever caused, arising or to arise by reason of or during the child's participation in the day care.
_____________________________________________________________________________________________
Signature of Parent/Guardian Date
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Meeko, wow, have that on a pdf file? May I use that? Best one.EVER!Comment
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Oh feel free to use it. I just copied and pasted from my desktop. Not computer savvy enough to have a file version......will ask my son....he knows Mom's an idiot!Originally posted by Sugar Magnolia View PostComment
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I like it!! Thank YouComment
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Thanks meeko, I can copy and paste as well. Its just awesome.Comment
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So in the event if say... A child breaks their arm or in a worst case scenario falls and is paralyzed or dies this waiver of liability will prevent them from suing you? But does not prevent the state from charging you with say...negligence or some sort of thing?Comment
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In ca. it is not possible to waive liability. I am not sure how it is possible at all for a provider to have a parent sign off, waiving their right to legal recourse should a child be hurt on the premises or while in the care of the provider. If we do not carry liability insurance, parents sign a waiver acknowldging that, BUT it also states that this does not preclude them from suing the provider should something happen to their child while in our care.
OP, I would contact an attorney about it being legally binding if a parent signs a document stating they will not sue the landlord if a child is hurt on his property. I just do not see how it could be held up in court should a child get hurt on something that should have been repaired and was not, etc.
Tom Copeland might know something about this as well.....perhaps post a question about it for im in the taxes forum?Comment
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Liability, insurance, being sued, and being at fault for an injury are all very complicated. I know just enough to be dangerous to myself.
I know that at one time (when I had a class about 5-6years ago), that in my state, a parent CANNOT waive a minor's right to sue for an injury. That the parent can sign a waiver, but it is worthless.
Another issue is with the parents' insurance. Even if a parent is not suing, their insurance company WILL sue for something they feel should be covered by your insurance. Please remember that the health insurance company (if the insurance company finds out) will not cover an injury on another person's property, or an automobile accident. The insurance will try to get the other person's insurance to pay out.
Yet another issue is with your own insurance. Your daycare insurance (often, at least mine is this way) will not pay out a claim if YOU are at fault. So, say you have a dog that not allowed per your homeowners insurance. He gets out with the kids, bites a child's hand. Child goes to the ER. Health insurance refuses to pay for an ER visit, becasue the injury happened in someone else's home. Your daycare insurance will not pay, because they find you at fault for allowing the child to interact with the dog. Who is going to pay the bills. Why should the parent pay out of pocket for the provider's negligence?
I can see why the landlord would want a waiver, but it isn't going to give him(or you) the protection you think. In my, un-expert opinion.Comment
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I have heard something similar. My bil's friend had a kid get hurt while playing paintball. The owner of the company (bil's friend) was worried he'd be sued even though the parents signed a waiver. I think the owner was told that the waiver disuades parents from suing, but it doesn't actually prevent them from the ability to sue.Originally posted by Solandia View Post
I would just look into the daycare insurance for your best interest.Comment
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I once was going to refuse to sign a similar waiver when my kids went on a school trip. I asked my attorney if that meant the adults on the trip couldn't be held liable if something terrible happened to my child. Not at all.
He explained that these waivers DO help when it comes to sue happy parents. In a true neglect case...it's not worth the paper it's written on...but it WILL help with frivolous lawsuits.
That's why I use it. If, for some reason, I was truly negligent...the parent would have a case.
BUT...If Suzy trips in the driveway and scrapes her chin...this puts the reigns on the type of parent who would sue for millions because "Suzy was going to be a famous model and now her future is ruined and she will need plastic surgery to restore her perfect face and we also need millions for pain and suffering/therapy etc etc."
I use it more as a deterrent than anything else.
Now the medical part is ironclad and is actually required by our state. We must have authorization to allow medical treatment/transport etc.Comment
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Originally posted by Meeko View Post
Excellent point Meeko!
The difference between outright negligence and an accident if HUGE!Comment
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Permission to use
May I have your permission to copy and use this for my in home preschool?Comment
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When setting up I was told I can set up a liability waiver by a lawyer but told it really has no legal standing, at most it would just be a deterrent for the parents if something were to happen. I'm a home daycare and for the number of kids I have I was told I do not need special insurance, that accidents would be covered by homeowners insurance. Over 6 kids I would need a specific insurance, it was only $50 a month and was great, even included legal fees if someone were to make a claim against me. I want to get it, but first I need to get the fence in the yardComment
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As a lot of people have mentioned, a waiver will not protect your landlord in court, as you cannot take away a person's right to sue. What you can do that WILL protect your landlord, is add them as an additional insured to your professional liability policy. When you do that, your landlord is protected under your policy if a parent decides to sue them. Adding your landlord as an additional insured is very cost effective as well. It may be free, or your insurance company may charge something like $50 a year. We recently wrote a blog post that has a lot of good information for tenants. https://www.dcins.com/blog/childcare...ords-hoas.htmlComment
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