Daycare Contract

[rkymtndream]

What is the name of your state? Colorado

I am a daycare provider and signed a contract for a daycare service. THis service takes care of all paperwork, and finds children for my home. I was not employeed by this service, just a contractor.

I was never provided forms for the children I was keeping, and was asked a few times to go over ratio for back-up childcare for this company.

Our contract was terminated because of these reasons.

In the contract it states that if I leave the company I must pay a finders fee of 2000.00 dollars for any clients that stay with me. My daycare children's parent want to stay here, and they have no contract with this company.

Was this contract voidable because of the things this company did not do? Or can I be held to the 2000.00 dollar fee?

 

[djohnson]

I'm a little unclear on what actually happened and why. Did they terminate your contract or did you? what specific reasons? Was the contract conditional upon these reasons?

 

[rkymtndream]

The contract was terminated on their part because I refused to provide back-up care for 4 other children while another provider went on vacation.

The state ratio states that I am not allowed to have more than 2 children under the age of 2. The back up children would have made 4 under 2. The company told me this was fine because it was back up care for one week only. I called the state of Colorado childcare division and the said absolutely not. They would take my license if I was caught doing this.
Also they were to provide contracts and immunization records on the 2 children I was keeping full time. I asked over and over and they were not provided. I was up for state inspection and was required to have these documents.

When I challenged these points they told me that since I was a self-employeed contractor for their company they chose to terminate the contract.

Hope this helps! Thanks

 

[djohnson]

Your still not clear on what the contract stated.

Earlier you said that the fee was only due if you terminated the contract. You state here that they terminated it. That would make you not liable. However, I get the feeling that you aren't stating what actually it said and what actually (legally) happened and only posting what your thoughts are on it.

 

[rkymtndream]

I am sorry I didn't answer totally......here are some of the statements that I feel they were in default of.

THese are exactly what is in the contract:

1)I understand that if I wish to care for any child introduced to me by xxx after termination of this agreement, I must pay a one time referral fee equal to 2000.00 per client, which may be deducted from any amounts due to me by xxx.

2)I understand that xxx will furnish the following management services to me as a provider:

advertising for and screening clients
payment at my agreed upon rate
Personal evaluation forms every year
Forms for record keeping
seven paid Holidays per year

3) I understand that each child for whom I provide care will be subject to a two-week trial period, after which final agreements will be signed between xxx and child's parents, if mutually agreeable. Until final agreements are signed I will not be paid for holidays or unused days for that child.

I never got a contract after 8 weeks, I never got shot record, and medical releases. They did pay me for Memorial day though, even though there was no contracts signed by the parents.

I hope this is what you were wanting, if not I am sorry. I am not really good at this sort of thing and in 15 years of daycare have never had anything like this happen.

 

[djohnson]

So by this I understand that you think they are in breach of the contract and have not actually terminated it. If this is the case then by not following through on your part does not make it right. You would also be in breach of contract. What proof do you have that they are in breach? Do you have evidence to show that you have requested what is needed? Your word isn't going to be enough. If you can prove what you say then I would approach them with it and see if they will let you out of the contract. If they won't then you will probably need to see an attorney or pay it.