The Daycare Liability Waiver is an essential document for Australian childcare facilities providing protection while maintaining compliance with relevant regulations. It should be used during the initial enrollment process and updated annually or when significant changes occur in the child's circumstances or facility's services. The document includes comprehensive coverage of liability releases, medical authorizations, and specific consent provisions, structured to comply with both federal regulations (such as the Education and Care Services National Law) and state-specific requirements. This waiver balances the facility's need for protection against claims with parents' rights under Australian consumer protection laws, ensuring fairness and transparency while maintaining legal enforceability.
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1. Parties: Identifies the daycare facility and the parent(s)/legal guardian(s) signing the waiver
2. Background: Explains the context of the agreement - that the facility provides childcare services and requires this waiver as part of enrollment
3. Definitions: Defines key terms used throughout the document including 'Services', 'Child', 'Facility', 'Staff', and 'Activities'
4. Scope of Services: Outlines the childcare services provided and general activities conducted at the facility
5. Acknowledgment of Risks: Details potential risks inherent in childcare activities and facility attendance
6. Medical Authorization: Grants permission for emergency medical treatment and outlines medical response procedures
7. Release of Liability: Specific waiver language releasing the facility from liability for ordinary negligence while preserving liability for gross negligence
8. Indemnification: Parent/guardian agreement to indemnify the facility against claims arising from the child's actions
9. Photography and Media Consent: Permission for facility to take and use photographs/videos of children for specific purposes
10. Declaration and Signature: Final acknowledgment of understanding and agreement to terms, with signature blocks
1. Transportation Authorization: Required if facility offers transportation services for excursions or emergency situations
2. Special Needs Acknowledgment: Include when caring for children with specific medical conditions or special needs
3. Covid-19/Infectious Disease Protocol: Additional health and safety protocols during disease outbreaks
4. Third-Party Service Providers: Include if external providers conduct additional activities (e.g., swimming lessons, music classes)
5. Insurance Declaration: Details of facility's insurance coverage, included when required by state regulations
1. Schedule A - Enrolled Child Details: Child's personal information, emergency contacts, and medical history
2. Schedule B - Authorized Pick-up Persons: List of people authorized to collect the child from the facility
3. Schedule C - Medical Information: Detailed medical information including allergies, medications, and healthcare provider details
4. Schedule D - Specific Activity Waivers: Individual waivers for specific high-risk activities or excursions
5. Appendix 1 - Facility Policies: Reference to key facility policies that parents must acknowledge
Relevant legal definitions
Clauses
Relevant Industries
Childcare & Early Education
Education
Healthcare
Insurance
Legal Services
Social Services
Family Services
Recreation & Activities
Relevant Teams
Legal
Operations
Compliance
Risk Management
Administration
Enrollment
Family Services
Child Safety
Quality Assurance
Relevant Roles
Childcare Center Director
Daycare Owner
Early Learning Center Manager
Legal Counsel
Risk Management Officer
Compliance Manager
Education Administrator
Childcare Operations Manager
Enrollment Coordinator
Family Services Coordinator
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