The Daycare Release Of Liability agreement is essential for childcare facilities operating in Canada to establish clear boundaries of liability while maintaining their duty of care. This document should be used when establishing new childcare relationships or updating existing agreements to ensure current compliance with provincial and federal regulations. It includes critical provisions for risk acknowledgment, emergency procedures, and specific activity authorizations, while ensuring that the release terms remain reasonable and enforceable under Canadian law. The agreement balances the facility's need for protection against legitimate liability claims while maintaining the high standards of care required in the Canadian childcare sector. It's particularly important for new enrollments, special activities, or when updating facility policies.
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1. Parties: Identifies the daycare facility/provider and the parent(s)/legal guardian(s) entering into the agreement
2. Background: Explains the context of the agreement - that the daycare provides childcare services and requires a liability waiver as part of its risk management
3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Child', 'Emergency Contact', 'Staff', and 'Premises'
4. Scope of Services: Outlines the childcare services provided and the general responsibilities of the daycare facility
5. Acknowledgment of Risks: Details potential risks inherent in childcare services that parents acknowledge and understand
6. Release of Liability: Core section outlining specific liabilities being released, with careful attention to maintaining enforceability under Canadian law
7. Medical Authorization: Grants permission for emergency medical care and outlines procedures for handling medical situations
8. Parent/Guardian Responsibilities: Lists obligations of parents/guardians including providing accurate information and emergency contacts
9. Insurance and Indemnification: Describes insurance coverage and indemnification obligations of both parties
10. Term and Termination: Specifies how long the release remains in effect and conditions for termination
11. Governing Law: Establishes that the agreement is governed by Canadian law and the specific provincial jurisdiction
12. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Transportation Authorization: Include when the daycare offers transportation services for field trips or other activities
2. Photo/Video Release: Include when the facility wishes to take and use photos/videos of children for promotional or documentation purposes
3. Special Needs Accommodation: Include when caring for children with special needs requiring specific care or accommodation
4. COVID-19/Infectious Disease Clause: Include specific provisions related to infectious disease risks and protocols during health emergencies
5. Alternate Pick-up Authorization: Include when allowing persons other than parents/guardians to pick up children
1. Schedule A - Emergency Contact Information: Detailed list of emergency contacts and their relationship to the child
2. Schedule B - Medical Information Form: Child's medical history, allergies, medications, and healthcare provider information
3. Schedule C - Authorized Pick-up Persons: List of individuals authorized to pick up the child from the facility
4. Schedule D - Specific Activity Waivers: Additional waivers for specific activities like swimming, field trips, or special programs
5. Appendix 1 - Facility Policies and Procedures: Reference to or summary of key facility policies that parents must acknowledge
Authors
Relevant legal definitions
Clauses
Relevant Industries
Childcare Services
Education
Early Childhood Development
Family Services
Professional Services
Healthcare
Insurance
Legal Services
Social Services
Relevant Teams
Legal
Operations
Risk Management
Compliance
Administration
Child Care Services
Family Relations
Policy Development
Safety and Security
Program Management
Relevant Roles
Daycare Center Director
Childcare Facility Owner
Early Childhood Educator
Legal Counsel
Risk Management Officer
Compliance Manager
Operations Manager
Program Director
Child Care Administrator
Insurance Coordinator
Safety Officer
Facility Manager
Educational Director
Family Services Coordinator
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