Parental Responsibility in Contracts

When you sign a contract for your child—school enrollment, childcare, activities—you're often signing as parent or guardian. That can mean you're agreeing to pay fees, to certain terms (e.g. cancellation, behaviour), and sometimes to release or indemnity language that tries to limit claims if your child is hurt. Here's what parental responsibility in contracts usually means—and what you can and can't waive.

What you're agreeing to

• Fees and payment. You're typically agreeing to pay the fees set out in the contract—and sometimes late fees, interest, or other charges if you don't pay on time. Make sure you understand the total cost and when payment is due.
• Terms and policies. You're agreeing to the provider's terms—e.g. cancellation policy, sick policy, behaviour policy, attendance. If your child doesn't follow the rules, the provider may have the right to suspend or exclude—and you may still owe fees for the period. Read the policies so you know what's expected.
• Release of liability / indemnity. Many contracts ask you to waive claims against the provider if your child is hurt—or to indemnify (reimburse) the provider if someone else sues. In many places you cannot waive a child's right to sue for negligence—so that part of the contract may not be enforceable. Indemnity clauses can still be serious: if another parent or child sues the provider and the contract says you must reimburse the provider, you could be on the hook. Check the scope—and get advice if it's broad.

What you can and can't waive

• Negligence. In many jurisdictions a parent cannot waive a child's right to sue for negligence. So even if the contract says you waive "all claims including for negligence," that part may not hold up. If your child is hurt due to clear negligence, you may still have a claim.
• Other claims. Waivers for "inherent risks" (e.g. falling in sports) may be enforceable—but waivers for negligence, gross negligence, or intentional harm often are not. The law varies—get advice if you're unsure.
• Fees and contract terms. You can agree to pay fees and to follow the provider's policies. Those obligations are usually enforceable—so read and understand them before you sign.

BeforeYouSign can highlight fee, policy, and liability language in contracts you sign for your child—so you know what you're agreeing to and what your rights are before you sign.