The Daycare Waiver Of Liability is a crucial document for Australian childcare providers seeking to establish clear boundaries of liability while maintaining compliance with national and state regulations. It is designed for use when enrolling new children into daycare services or updating existing service agreements. The document addresses key aspects including risk acknowledgment, medical authorizations, and emergency procedures, while ensuring enforceability under Australian consumer protection laws. It aligns with the Education and Care Services National Law and Regulations, incorporating necessary provisions for child safety, facility operations, and parental consent. This waiver serves as a risk management tool while maintaining the high standards required in Australian childcare services.
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1. Parties: Identification of the daycare provider and parent(s)/legal guardian(s)
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the document
4. Services Provided: Description of childcare services covered by the waiver
5. Acknowledgment of Risks: Statement of understanding regarding inherent risks in childcare activities
6. Health and Medical Authorization: Authorization for emergency medical treatment and handling of medical conditions
7. Release of Liability: Specific terms of the liability waiver, excluding gross negligence and willful misconduct
8. Indemnification: Parent/guardian agreement to indemnify the daycare for certain claims
9. Insurance: Confirmation of insurance coverage by the daycare provider
10. Term and Termination: Duration of the waiver and conditions for termination
11. Governing Law: Specification of Australian law jurisdiction and applicable regulations
12. Execution: Signature blocks and date of agreement
1. Transportation Authorization: Include when daycare provides transportation services for excursions or activities
2. Photography Release: Include when daycare takes photos/videos of children for documentation or promotional purposes
3. Special Needs Accommodation: Include when child requires specific accommodations or care plans
4. COVID-19 or Infectious Disease Provisions: Include specific provisions related to infectious disease protocols and liability
5. Alternative Dispute Resolution: Include when parties wish to specify mediation or arbitration procedures
1. Schedule A - Emergency Contact Information: List of emergency contacts and authorized pickup persons
2. Schedule B - Medical Information Form: Detailed medical history, allergies, and medication requirements
3. Schedule C - Specific Activities Waiver: Detailed list of specific activities and associated risks
4. Appendix 1 - Incident Reporting Procedures: Standard procedures for reporting and handling incidents
5. Appendix 2 - Safety Protocols: Detailed safety procedures and guidelines followed by the daycare
Relevant legal definitions
Clauses
Relevant Industries
Childcare Services
Early Childhood Education
Education
Child Services
Family Services
Community Services
Healthcare Services
Relevant Teams
Legal
Operations
Administration
Risk Management
Compliance
Enrollment Services
Family Services
Child Services
Relevant Roles
Daycare Center Director
Childcare Facility Manager
Early Childhood Education Coordinator
Legal Compliance Officer
Risk Management Specialist
Operations Manager
Enrollment Coordinator
Family Services Coordinator
Administrative Director
Child Services Manager
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