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Daycare Liability Waiver for the United States

Daycare Liability Waiver Template for United States

A Daycare Liability Waiver is a legal document used in the United States that establishes the terms under which parents/guardians agree to release the daycare facility from certain liabilities while their child is under the facility's care. This document, governed by both state and federal regulations, includes provisions for emergency medical treatment, acknowledgment of inherent risks, and specific limitations of liability. It must comply with state-specific childcare laws and cannot waive gross negligence or intentional misconduct.

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What is a Daycare Liability Waiver?

The Daycare Liability Waiver serves as a critical risk management tool for childcare facilities while ensuring parents understand the scope of the facility's responsibilities and limitations. This document becomes necessary when a child enrolls in daycare services, protecting the facility against claims arising from ordinary negligence while maintaining compliance with state and federal childcare regulations. It typically includes emergency contact information, medical authorizations, and specific activity permissions. The waiver must be carefully drafted to balance the facility's need for protection with parental rights and state-specific legal requirements.

What sections should be included in a Daycare Liability Waiver?

1. Parties: Identification of the daycare provider and parent/guardian including full legal names and addresses

2. Child Information: Details of the child(ren) covered by the waiver including full name, date of birth, and any relevant identification

3. Scope of Waiver: Detailed description of activities, services, and circumstances covered by the waiver

4. Medical Authorization: Authorization for emergency medical treatment and procedures in case of accidents or illness

5. Release of Liability: Core waiver language releasing the facility from liability for ordinary negligence while maintaining liability for gross negligence

6. Acknowledgment: Confirmation that the signing party has read, understood, and voluntarily agrees to the terms of the waiver

What sections are optional to include in a Daycare Liability Waiver?

1. Transportation Authorization: Authorization for the facility to transport children for field trips or other activities, including specific terms and conditions

2. Photo/Video Release: Permission to photograph or video record the child and use such media for promotional or educational purposes

3. Special Medical Conditions: Detailed section addressing specific medical conditions, required treatments, and related liability considerations

What schedules should be included in a Daycare Liability Waiver?

1. Emergency Contact List: Comprehensive list of emergency contacts including parents, guardians, and alternate authorized contacts

2. Medical Information Form: Detailed medical history, allergies, medications, and healthcare provider information

3. Pickup Authorization Form: List of persons authorized to pick up the child, including identification requirements and verification procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses















Industries

State-Specific Childcare Laws: State-level regulations governing childcare facilities, including licensing requirements, staff-to-child ratios, and facility safety standards

Federal Laws: Key federal legislation including Americans with Disabilities Act (ADA), Child Care and Development Block Grant Act, and Child Abuse Prevention and Treatment Act

Liability Laws: State-specific regulations regarding liability waivers, including limitations on what can be waived (noting that gross negligence and intentional misconduct typically cannot be waived)

Health and Safety Regulations: State and local health department requirements, food safety regulations, and emergency procedure requirements for daycare facilities

Insurance Requirements: State-mandated insurance coverage and professional liability insurance regulations for daycare operations

Consumer Protection Laws: State-specific laws regarding unfair contract terms and requirements for clear and understandable language in contracts

Medical Authorization Laws: Regulations regarding emergency medical treatment authorization and medication administration requirements in daycare settings

Privacy Laws: Family Educational Rights and Privacy Act (FERPA) and state privacy laws regarding the protection of minor children's information

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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