My ds 14mo is at a lovely little nursery. He is very happy there and the staff seem lovely.
I received an email from the manager saying they are going on a trip tomorrow and that she had attached a permission slip.
At the bottom of the slip it reads..
I hereby waive all claims I may have against nurseryname, it's owner or staff arising from injury, accident, illness or other cause involving the above-mentioned child, and hereby indemnify the nursery school against all such claims.
Is this normal? I have worked in nurseries previously and have never seen this on any other permission slips before.
I would send in a handwritten note simply saying you give permission for DS to go on today's trip to XYZ.
I'm pretty sure that slip would have no legal standing though, their duty of care remains the same and if they were actually negligent you would/could still sue them til their eyes bleed. If you wanted to.
I'm a lawyer and that I think that disclaimer is a piece of nonsense. The nursery cannot contract out of their duties of care and statutory obligations so I strongly suspect if you signed it would mean very little.
I'd say, you give permission, but their permission slip seems to be suggesting that you waive any liability for any breach of duty of care, and as you expect them to have properly risk assessed the outing and fulfil their duties of care to look after your child during the outing, you will be not be signing that disclaimer, which in any event can't allow them to abrogate their duties. Indemnifying the nursery against a claim doesn't make sense at all.
They can't limit their liability for death or personal injury caused by their negligence -- in fact, attempting to do so by putting that form of words on the permission slip may even technically be a criminal offence (albeit not one anyone ever actually gets prosecuted for).