It’s not fair. “Predictability” doesn’t help anyone except the insurance company. If your baby is harmed by their neglect, wouldn’t you prefer that your neighbors and community members on the jury decide the damages? I hope everyone sees how our rights gets eroded by these waiver clauses, just like forced arbitration clauses. You won’t care until you’re the one who needs to exercise your Constitutional rights and suddenly they’re gone.

This is a very common clause in contracts. It just creates more predictability if there is a suit as the judge would rule and determine damages. It may even be required by the center's insurance.

This is a very common clause in contracts. It just creates more predictability if there is a suit as the judge would rule and determine damages. It may even be required by the center's insurance.

Anonymous wrote:

Anonymous wrote:I have never heard of this.

Thank you all! Too bad we don’t have many choices at this time of the year to enroll our infant 😟

The good thing is, there is an extremely super high chance that you will never need this clause.

Anonymous wrote:I have never heard of this.

Thank you all! Too bad we don’t have many choices at this time of the year to enroll our infant 😟

I have never heard of this.

Red flag.

Agree you could still sue and get a bench trial before a judge (those are seen as more predictable so it’s easier to figure out a fair settlement.

Has not been in any daycare contract I have seen. Just be glad they aren’t forcing arbitration! (Arbiters always favor the business.)

Anonymous wrote:We were asked waive our right to a jury trial if a dispute arises out of or relates to their services or the agreement. Does this mean we can’t sue them if our child is injured due to their negligence?

Thank you!

You could still sue, but if the provision were found to be enforceable (possibly, but not guaranteed) you'd be limited to a bench trial, not a jury trial.

I don't think that was in our daycare contract, but it's not an uncommon provision in contracts.

Ridiculous. I'm not sure such a document would hold up in court, but it's the principle of the thing.

I’ve not seen this at either of the daycare centers we have used.

We were asked waive our right to a jury trial if a dispute arises out of or relates to their services or the agreement. Does this mean we can’t sue them if our child is injured due to their negligence?

Thank you!