Contract Versus Policies

 by Tom Copeland

 
  • There is a difference between what belongs in a contract and policies.
  • A contract should contain four elements:
    • Names of parents
    • Terms that are enforceable in court
      • Time the provider is open (holidays, vacations, etc.)
      • Money that the parent owes for services
    • How the contract will end
    • Signatures of both parties
  • Policies should contain everything else about “how” the business is run:
    • Discipline policy
    • When and how often meals are served
    • Curriculum offered
    • Sick policy
    • Etc.
  • Contract terms can be enforceable in court but policies cannot. A change to a contract must be in writing or it’s not enforceable. A provider can change her policies at will.
  • A contract should be a separate document from the policies.
  • A verbal contract is enforceable in court but it would be extremely difficult to enforce it without another witness.

This handout was produced by Think Small (www.thinksmall.org).

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