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Hold Harmless Agreement

8 replies [Last post]
By Calista's Mom on Fri, 05-18-07, 17:06

A daycare that we've been visiting wants us to sign a "hold harmless agreement" before registering Calista, IF they agree to let her in...Anyone ever signed this? My husband is a lawyer (daycare doesn't know that) and there's no way that I would sign a document relieving them of any responsibility should something happen to her. Sounds crazy.

We have finally found a daycare (after being turned down by almost 10)--there we won't be the only people with PA, 2 other kids and a teacher. Not happy that they have it, but so glad that the center is already familiar with our needs.

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Mom to 2 Beautiful Girls
Taylor 5 - no allergies
Calista 1 - Peanut Allergy

Groups: None
By chanda4 on Fri, 05-18-07, 17:10

I've never heard of that...what is it exactly, that if your child is hurt or something, they take NO liability what-so-ever??? That's silly, I wouldn't sign either!

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Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig and EE)
Savannah-1 (milk and egg)

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By mistey on Fri, 05-18-07, 18:25

Yes, I have heard of them. But I would not sign one.

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By stitcher on Fri, 05-18-07, 21:18

I'd never sign one, either. Especially not for a school. Daycares may be hard to find, but do you really want to leave your child with someone who feels NO responsibility for their safety and is telling you that with a "hold harmless"?
I wonder if that's even legal.

Groups: None
By Corvallis Mom on Fri, 05-18-07, 21:22

All the schools, sports, and day-camps here use them. You can't register without signing it.

It's a big reason that I won't leave DD without a parent [i]in the room/facility.[/i]

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By cathlina on Fri, 05-18-07, 23:20

I worked as a shopping center marketing manager and we made anyone that used the Mall sign one of these.

They do NOT hold up in court if someone is grossly neglient.

They are just used as a deterrent.

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By Carefulmom on Sat, 05-19-07, 01:00

Is this agreement specific to the allergies or is it an agreement that they give to all kids who register? If it is because of the allergies, it is illegal. There was a whole thread on this a month or two ago on the Schools section. If you do a search, you will probably find it. I quoted a FAAN publication which states it is illegal.

Edited to add: here is the link
[url="http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002756.html"]http://uumor.pair.com/nutalle2/peanutallergy/Forum7/HTML/002756.html[/url]

[This message has been edited by Carefulmom (edited May 18, 2007).]

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By Calista's Mom on Wed, 05-23-07, 23:02

It was a form that they wanted us to fill out because of her allergy. No other kids at the church-run daycare were required to fill it out. Now, they are "working" on it, and have promised me the forms for 2 weeks. I'm sure they are hoping I'll leave them alone.

I have found another center with 2 PA kids and a PA teacher. But, I'm still pushing the other center to send me the agreement...I want to know what they expect me to sign. My husband's an attorney, so we won't sign anything that doesn't protect our daughter's best interests.

And no, I won't send her somewhere where they look at her as a liability rather than a kid who justs needs a little special attention.

------------------
Mom to 2 Beautiful Girls
Taylor 5 - no allergies
Calista 1 - Peanut Allergy

Groups: None
By Kimberley on Wed, 07-21-10, 22:23

I run a preschool from my home and every parent has to sign a Hold Harmless Agreement. Although your husband is a lawyer he is apparently not familiar with insurance. I have to have this form in order to insure the childcare and I have to have insurance to have my license. Perhaps it is different in other states. This form does not mean that they do not take their responsibility seriously, it just means they are making sure they have all the documentation required by law. You can refuse, but if you were requesting a place in my preschool you would be denied.....lucky for me I have a long waiting list. :) I guess all I am saying is not to judge the preschool by forms they don't have any say in anyway. You may miss out on a fabulous program.

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