Sapiens:
You have a very jurisdiction-specific question. Not only are adhesion contracts/liability waivers interpreted differently state to state, but sometimes from county to county. If you have serious questions about the safety of the daycare facility you should contact a local lawyer immediately.
Having said that, the form they are asking you to sign does not waive all of your legal right to sue for negligence, but it does make some limitations. While you would probably be able to recover damages for "gross" negligence, you may be unable to do so for "ordinary" negligence. What's the difference?
Ordinary negligence: The daycare worker turns his/her back while your child is running through the field. Your child trips and breaks a limb. The daycare worker has committed ordinary negligence by not watching your child.
Gross negligence: The daycare worker brings a lawnmower into class, flips it upside down, turns it on and then goes for a smoke break completely ignoring your children.
But as I said, you're going to have to speak with a local lawyer to determine the local jurisdiction's feelings to liability waivers/adhesion contracts.
__________________
-------------
You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.
|