Daycare release form for COVID - question for lawyers

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Our daycare requires us to sign a release form. It has the standard language that they are taking reasonable precautions and that if we get COVID, we agree they are not liable for any consequences and will not sue them. I get that. But it goes further and says that if we get COVID, we agree that it is due to our own negligence. What is the purpose of this additional language and what does it mean to agree to it? Why isn't it sufficient for them to stop at getting us to agree we will not sue them? How can we know whose negligence is responsible for something in advance? Does this mean that if the school does do something negligent, I am still signing away my right to sue them?

yes, that is the purpose of the language, you are agreeing that you cannot accuse them of negligence.

Does that kind of agreement really matter if it can be proven that they were negligent? What if they just decide they are not going to enforce mask wearing or take temperatures anymore and not tell parents?

It limits liability from negligence but not gross negligence.

Came here to say this. So, what might gross negligence look like in this case? Well, I guess if the daycare wasn’t following any health guidelines (masks, pods, temp checks, etc.), that miiiight suffice. Or if the school knew of a confirmed case of Covid but allowed the ill individual to continue coming to the center, that might rise to the level of gross negligence.

I personally don’t like the idea of liability waivers in this case because I worry it gives daycares an incentive to relax their standards a bit, knowing they won’t face any repercussions. When it’s your kid’s health or life on the line, that’s a line I don’t feel comfortable crossing, but other families may have a different risk tolerance. If you otherwise trust your daycare provider to do the right thing then you have that faith to lean on.