Child Care Contract

CHILD CARE CONTRACT

THIS CHILD CARE CONTRACT (the "Contract") is dated this ________ day of ________________, ________.

Client

____________________________________________________

(the "Client")

Child Care Provider

____________________________________________________

(the "Child Care Provider")

BACKGROUND

The Client is of the opinion that the Child Care Provider has the necessary qualifications, experience and abilities to provide services to the Client.

The Child Care Provider is agreeable to providing such services to the Client on the terms and conditions set out in this Contract.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Child Care Provider (individually the "Party" and collectively the "Parties" to this Contract) agree as follows:

Services Provided
The Client hereby agrees to engage the Child Care Provider to provide the Client with the following services (the "Services"):
- _______________________________________________________________
  _______________________________________________________________.
The Services will also include any other tasks which the Parties may agree on. The Child Care Provider hereby agrees to provide such Services to the Client.
Term of Contract
The term of this Contract (the "Term") will begin on the date of this Contract and will remain in full force and effect indefinitely until terminated as provided in this Contract.
In the event that either Party wishes to terminate this Contract, that Party can do so immediately by serving written notice on the other Party.
In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
Except as otherwise provided in this Contract, the obligations of the Child Care Provider will end upon the termination of this Contract.
Performance
The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
Authorization to Treat a Minor
The Child Care Provider will be furnished with the necessary documentation so that they may sanction medical care for the child/children in the event of an emergency and the parent(s) cannot be reached.
Duty of Care
The Child Care provider under the provisions of this Agreement, accepts a general duty of care wherever reasonable and necessary.
Limitation of Liability
It is understood and agreed that the Child Care Provider will have no liability to the Customer or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services.
Currency
Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in CAD (Canadian Dollars).
Compensation
The Child Care Provider will charge the Client a flat fee of $0.00 for the Services (the "Compensation").
The Client will be invoiced when the Services are complete.
Invoices submitted by the Child Care Provider to the Client are due within 30 days of receipt.
In the event that this Contract is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Child Care Provider will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Child Care Provider.
The Compensation as stated in this Contract does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
Reimbursement of Expenses
The Child Care Provider will be reimbursed from time to time for reasonable and necessary expenses incurred by the Child Care Provider in connection with providing the Services.
All expenses must be pre-approved by the Client.
Confidentiality
Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
The Parties each agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information belonging to the other Party which they have obtained through the operation of the Contract, except as authorized by that Party or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Contract.
Return of Property
Upon the expiry or termination of this Contract, the Child Care Provider will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity/Independent Contractor
In providing the Services under this Contract it is expressly agreed that the Child Care Provider is acting as an independent contractor and not as an employee. The Child Care Provider and the Client acknowledge that this Contract does not create a partnership or joint venture between them, and is exclusively a contract for service.
No Exclusivity
The Parties acknowledge that this Contract is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
Notice
All notices, requests, demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses:
1. ______________________
  ______________________________
2. ______________________
  ______________________________
or to such other address as either Party may from time to time notify the other.
Indemnification
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Contract. This indemnification will survive the termination of this Contract.
Modification of Contract
Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time of the Essence
Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
Enurement
This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
Gender
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
This Contract will be governed by and construed in accordance with the laws of the Province of Alberta.
Severability
In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________

______________________ (Client)

_______________________________

______________________ (Child Care Provider)

What is a Child Care Contract?

A Child Care Contract is an agreement that establishes the terms of a child care service between a child care provider and their client (i.e., parents or legal guardians). The terms may include the services provided, the cost of child care, and information about the family.

LawDepot’s Child Care Contract is a quick, simple, and easy-to-use template for parents and childcare businesses.

A Child Care Contract is also known as a:

Daycare agreement contract
In-home childcare agreement
Babysitting contract
Childcare provider contract

Key purposes of Child Care Contracts

Child Care Contracts aim to clarify, set expectations, and provide legal protection for all parties. These childcare documents will:

1. Define the service and duties of the child care provider, such as supervision, meals, and learning activities.
2. Establish compensation by specifying fees, payment schedules, late fees, and any additional costs, preventing disputes over financial matters.
3. Protect both parties legally in case of disputes, as the contract serves as legal documentation to resolve conflicts.
4. Outline termination conditions under which either party can end the agreement, ensuring a smooth transition if needed.

Misunderstandings regarding payments, responsibilities, and policies can arise more easily without a written contract, leading to conflicts. For example, parents could refuse to pay, or providers may unexpectedly increase fees, creating financial instability.

Without written evidence, neither party has documented proof of agreed-upon terms if there’s a disagreement, making legal resolution difficult.

Having proper child care documentation doesn’t stop with just a Child Care Contract. Consider creating other essential documents for parents, such as a Child Travel Consent, to ensure your child has all they need when you aren’t around.

Types of childcare contracts

There are many types of childcare options available in Canada. Some childcare providers are independent, while other, larger businesses are corporations.

Some families prefer childcare services from licensed daycare centres operating under set federal standards for early learning and childcare. These centres often have structured learning and development programs and qualified staff to care for the children.

Other families prefer in-home daycares for their children. Some at-home daycares are regulated, and some are not. When filling out your Child Care Contract, clarify with your daycare provider if they are licensed. Daycares often care for smaller groups of children according to the standards set by individual providers.

Families can also hire a nanny or babysitter who travels to their home to provide care. Babysitters and nannies often operate outside standard daycare or home-care hours, providing more freedom to have childcare that works around their needs.

Often, nannies are self-employed contractors who can work for multiple families at a time. Considered freelance workers, they have more freedom and flexibility to schedule their work, payment rates, and contracts. If you are a general freelancer, have a signed Service Agreement to describe your services and expectations regarding payment.

How do you write a Child Care Contract?

LawDepot’s simple questionnaire collects all the necessary information needed to feel confident about your Child Care Contract. Our template includes information such as:

1. Provide party and service details

Include the childcare provider’s qualifications, including first aid certifications, education, and experience in the contract.

Also include what services the childcare provider offers, such as food preparation, learning activities, and supervision of children. Include the name of the client (the parent or legal guardian) and, optionally, the name(s) of the children and their age(s).

2. Outline billing and payment details

Childcare providers are usually responsible for setting their billing rates and payment processes. The childcare contract should include any late fees, taxes, and deposit amounts.

Billing rate
Childcare costs vary widely based on what the service includes. For example, a daycare that provides transportation and bus services would have a different payment rate than a neighbourhood babysitter that takes care of the children in-home.

Your billing rate will be determined by:

The experience and skills of the child care specialist, including certifications and education
Services provided, including costs of serving meals, snacks, and enrichment activities
Whether the contract is temporary or long-term

Childcare providers commonly bill for services based on a set hourly rate (determined by the childcare provider, paid based on hours worked) or a flat rate (billed at regular intervals, often monthly or annually).

Paying deposits
Before receiving childcare services, the client often pays a deposit to hold their spot and confirm services. The deposit amount is usually determined by:

The childcare professional’s trust and relationship with the client
The client’s finances
Market rates for childcare and deposits

Invoices
The contract will set out how often the child care provider will invoice the client (e.g. monthly) and how long the client will have to pay (e.g. 30 days). The contract may also set an annual interest rate to be added to overdue payments. Remember that the rate you set must be reasonable to be enforceable.

Sales tax
Independent contractors are responsible for collecting sales tax on their services for the Canada Revenue Agency. GST/HST is set according to the applicable rate in the province or territory where the services are provided. Childcare providers can claim business expenses on related childcare supplies.

3. Specify your clauses

Include additional confidentiality, duty of care, and limitation of liability clauses in your contract for extra protection.

Confidentiality defines “confidential information” and mandates that neither party may share or use the other party's confidential information without authorization.

Limitation of Liability limits the legal action a client can take against the child care provider. The aim is to protect childcare workers from litigation in circumstances where the childcare worker has not acted negligently.

Duty of Care is the legal obligation to protect the individuals in care and not cause them harm deliberately, recklessly, or negligently. This duty exists whether or not it is stated explicitly in the contract. If a babysitter decides to leave midway through their shift, leaving the children unattended, and the children get hurt, they would be liable for negligence and breaching their duty of care.

What daycare laws and regulations exist in Canada?

Numerous laws and regulations govern child care across Canada. Let’s examine two examples:

The Canada Early Learning and Child Care Act supports child care at a federal level. This act provides funding and guidance to maintain high-quality, affordable, accessible childcare services for all Canadians.
The Multilateral Early Learning and Child Care Framework outlines principles and objectives for childcare standards in Canada. Provinces and territories are responsible for regulating childcare services.

To know how your province or territory regulates early learning or child care, visit the Early Learning and Child Care Agreements page.

Why is it important to include payment conditions and policies in a Child Care Contract?

Writing a thorough Child Care Contract is the first step in ensuring all parties agree on the childcare payment policies. If you choose not to complete a daycare contract, you put yourself at risk of disagreements about the services.

For example, a babysitter may agree on a set rate for childcare with the child’s legal guardians. After their babysitting shift, the family could say they never agreed to pay that rate. The family could try to pay only a partial amount, as there wasn’t anything in writing to confirm the amount.

A Child Care Contract ensures that all parties agree about the costs and expectations of the services. Having a record of the daycare agreement is in everyone’s best interest. If you are a childcare provider, create an Invoice Form to track your services and the payment owed.

Pricing

Free 7-Day Trial Subscription: Unlimited access to all documents for one week. After one week, renews at $54 per month. Cancel any time.

1-Year Pro Subscription: $131.88 for one year of unlimited access to all documents. Renews annually. Cancel any time.

Single Document Licence: Buy a single document for a one-time charge of $7.50 – $119, depending on the document.

Essentials Access: Get unlimited access to a category of documents. After one free week, pay monthly. Or, buy unlimited access for one year that renews annually. Cancel any time.

Real estate documents: $39/month or $95.88/year
Estate planning documents: $39/month or $95.88/year
Business documents: $49/month or $119.88/year

SAMPLE

Child Care Contract

Personalize your Child Care Contract.

Print or download in minutes.

Create Your Child Care Contract

Create your customizable Child Care Contract today

Get Started

Free Child Care Contract

Create Your Free Child Care Contract