Kindergarten Contract tries to exclude liability for death or personal injury. Is that valid?

It is generally not possible for a contract to completely exclude liability for death or personal injury that is caused by the negligence of one of the parties. This is because such exclusions are generally considered to be against public policy and are therefore void in many legal systems.

An exclusion clause is a provision in a contract that seeks to exclude or limit the liability of one of the parties for certain types of losses or damages. In Singapore, the law regarding the validity of exclusion clauses is governed by the Unfair Contract Terms Act (UCTA).

Let's say that a Child Care Centre or Kindergarten has a clause in their contract which states the following:

"We shall not be liable for any death or injury caused to your child whilst your child is in our centre whether or not the death or injury is caused by our negligence or the negligence of our employees, servants, or agents."

This clause would violate the Unfair Contract Terms Act 1977. Section 2 of the Act is as follows:

2.—(1) A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.

Not all exclusion clauses are invalid. Clauses excluding liability for damage to property or for loss of property may be valid if they are reasonable. But, exclusion clauses excluding liability for death or personal injury are clearly invalid.

In the unfortunate situation where a child is injured in a kindergarten due to the negligence of the kindergarten staff, it is not possible for them to rely on the exclusion clause in a contract to evade liability for their negligence.