Back to School, Again
You've probably noticed that each year, more and more of your youngest students are brought and called for by baby sitters, nannies, or other care givers. Do you notice who is actually taking each child home? If you allow a child to leave your premises with an unauthorized person, even one of the parents, you may be vulnerable.
In this age of heightened awareness and eager litigation, it is in your interest to demand written authorization from the responsible parent or guardian to release the child to third parties. So, in addition to your waiver of liability for personal injury and loss or damage to personal property, both on and off your premises, you
should present to the responsible
adult a few other forms, like the following: medical certification that the child is physically able to take the classes for which she is registered and that she has no pre-existing condition that would tend to make the activity dangerous to her; consent to take the child off the school's premises for rehearsals, performances, or other related activities; consent to have the child photographed or video'd, and to use the child's image, without having to pay the child (this is particularly important if the child is a union member); and a written statement identifying any
third parties to whom the child may
be released.
You may not be aware that parents don't always have equal rights to their child. There may be a separation agreement, divorce judgment, or protective order restricting access or even forbidding one of the parents from seeing the child. There is federal legislation preventing "custodial interference". To protect yourself and your business, you should ask for, and receive, a written statement from each child's legal guardian or custodial parent naming the persons who are authorized to take the child from your premises. And you should follow through by asking for identification from the person calling for the child as the children are dismissed.
You may be savvy about having agreements with faculty and staff, but are you aware that not every clause in your perfectly drafted agreement will hold up in court? Non-compete clauses, for example, are governed by state law, and some states, like California, do not enforce them, as unacceptable "restraints of trade".
As a business owner, you may be concerned about teachers setting up competing studios and taking your students with them. Teachers and students tend to develop close relationships, and whether you see that as healthy or exploitive depends on your perspective. But you can't necessarily protect yourself by contract against the teacher who goes off on his own and the student who follows.
Whether a non-compete clause is enforceable may depend upon the "reasonableness" of the restrictions. How much time must pass before a former teacher can set up shop, for example, or outside how large a geographical radius? Was the agreement actually negotiated by the parties or was it presented as a non-negotiable condition of engagement?
Best advice: consult an attorney who is thoroughly familiar with your state's employment laws before you include a non-compete clause in your standard contracts.