The Liability Waiver For Nanny is essential documentation for families in Canada employing childcare providers in their homes. This document serves to protect both the employing family and the nanny by clearly defining the scope of liability and responsibilities in the childcare arrangement. It becomes particularly important given the unique nature of in-home childcare services where the nanny often needs to make independent decisions regarding child safety and well-being. The document must comply with provincial employment standards and childcare regulations while addressing specific liability concerns such as emergency medical decisions, transportation, and daily care activities. It's designed to be used at the commencement of a nanny's employment or when updating existing childcare arrangements, and should be reviewed by legal counsel to ensure enforceability under the relevant provincial laws.
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1. Parties: Identifies the parties to the agreement: the family/employer and the nanny, including full legal names and addresses
2. Background: Explains the context of the agreement, including the intention to hire the nanny and the purpose of the waiver
3. Definitions: Defines key terms used throughout the document, including 'Services', 'Premises', 'Emergency', and 'Negligence'
4. Scope of Services: Outlines the childcare and related services the nanny will provide, establishing the context for the waiver
5. Acknowledgment of Risks: Details the inherent risks in childcare services and confirms the nanny's understanding of these risks
6. Waiver and Release: The core waiver language releasing the family from liability for specific incidents or accidents during the provision of services
7. Exceptions to Waiver: Clearly states what is not covered by the waiver (e.g., gross negligence, willful misconduct)
8. Insurance and Indemnification: Outlines insurance requirements and any indemnification obligations
9. Emergency Authorization: Grants the nanny authority to make emergency medical decisions when parents cannot be reached
10. Governing Law: Specifies that the agreement is governed by Canadian law and the specific provincial jurisdiction
11. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect
12. Entire Agreement: Confirms that this document represents the complete agreement between parties regarding liability waiver
1. Transportation Authorization: Include when the nanny will be driving with children, addressing vehicle-related liability
2. Special Medical Needs: Include when children have specific medical conditions requiring special care or medication administration
3. Property Damage: Include when addressing liability for damage to household items or property during care
4. Confidentiality: Include when the family wants to ensure privacy regarding personal information and household matters
5. Photography and Social Media: Include when addressing permissions and restrictions regarding photos of children and social media posting
6. International Travel: Include when the nanny may travel internationally with the family
7. COVID-19 or Health Emergency Provisions: Include specific provisions related to public health emergencies and associated risks
1. Schedule A - Child Information: Detailed information about each child, including age, medical conditions, allergies, and special needs
2. Schedule B - Emergency Contacts: List of emergency contacts, preferred medical facilities, and children's physicians
3. Schedule C - Authorized Activities: Specific activities the nanny is authorized to engage in with the children (e.g., swimming, sports)
4. Schedule D - Medical Authorization Form: Formal authorization for medical treatment in parents' absence
5. Schedule E - House Rules and Safety Protocols: Specific household rules and safety procedures the nanny must follow
Authors
Relevant legal definitions
Clauses
Relevant Industries
Childcare Services
Domestic Employment
Personal Services
Family Services
Healthcare
Education
Insurance
Relevant Teams
Legal
Human Resources
Risk Management
Compliance
Family Services
Client Relations
Document Management
Operations
Relevant Roles
Nanny
Childcare Provider
Au Pair
Domestic Worker
Child Caregiver
Babysitter
Family Assistant
Household Manager
Employment Lawyer
HR Manager
Risk Management Officer
Family Services Coordinator
Childcare Agency Manager
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