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Child Care Contract

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until completion
until specified
ongoing




Your Child Care Contract

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CHILD CARE CONTRACT

THIS CHILD CARE CONTRACT (the "Contract") dated this 12th day of December, 2018

BETWEEN:

______________________ of ______________________________
(the "Client")

- AND -

______________________ of ______________________________
(the "Child Care Provider")

BACKGROUND:

  1. The Client is of the opinion that the Child Care Provider has the necessary qualifications, experience and abilities to provide services to the Client.
  2. 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:

  1. Services Provided
  2. The Client hereby agrees to engage the Child Care Provider to provide the Client with the following services (the "Services"):
    • _______________________________________________________________
      _______________________________________________________________.
  3. 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.
  4. Term of Contract
  5. 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.
  6. In the event that either Party wishes to terminate this Contract, that Party will be required to provide none days' written notice to the other Party.
  7. 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.
  8. This Contract may be terminated at any time by mutual agreement of the Parties.
  9. Except as otherwise provided in this Contract, the obligations of the Child Care Provider will end upon the termination of this Contract.
  10. Performance
  11. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
  12. Authorization to Treat a Minor
  13. 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.
  14. Duty of Care
  15. The Child Care provider under the provisions of this Contract, accepts a general duty of care wherever reasonable and necessary.
  16. Limitation of Liability
  17. 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.
  18. Currency
  19. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in USD (US Dollars).
  20. Compensation
  21. The Child Care Provider will charge the Client a flat fee of $__________ for the Services (the "Compensation").
  22. The Client will be invoiced when the Services are complete.
  23. Invoices submitted by the Child Care Provider to the Client are due within 30 days of receipt.
  24. 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.
  25. 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.
  26. Reimbursement of Expenses
  27. 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.
  28. All expenses must be pre-approved by the Client.
  29. Confidentiality
  30. 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.
  31. The Child Care Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Child Care Provider has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Contract and will survive indefinitely upon termination of this Contract.
  32. Return of Property
  33. 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.
  34. Capacity/Independent Contractor
  35. 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. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Child Care Provider during the Term. The Child Care Provider is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Child Care Provider under this Contract.
  36. Notice
  37. 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, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.

  38. Indemnification
  39. 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.
  40. Modification of Contract
  41. 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.
  42. Time of the Essence
  43. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  44. Entire Agreement
  45. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  46. Enurement
  47. 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.
  48. Titles/Headings
  49. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  50. Gender
  51. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  52. Governing Law
  53. This Contract will be governed by and construed in accordance with the laws of the State of ____________________
  54. Severability
  55. 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.
  56. Waiver
  57. 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 12th day of December, 2018.

 

_______________________________
______________________(Client)

 

_______________________________
______________________(Child Care Provider)


Child Care Contract Information

Alternate Names:

A Child Care Contract is also known as a:

  • Child Care Services Agreement
  • Child Care Agreement
  • Babysitter Contract
  • Babysitter Agreement
  • Daycare Contract
  • Nanny Contract

What is a Child Care Contract?

A Child Care Contract is a contract made between the parent or guardian (often referred to as the client) and a child care provider that outlines the terms of child care for the parent or guardian's child or children.

Who should use a Child Care Contract?

A Child Care Contract can be used by anyone who wants to formally define the terms and conditions of child care, such as:

  • Parents or guardians hiring a person or organization to care for their children
  • Individuals, such as nannies, babysitters, or au pairs, who want to establish the particulars of their service with a parent or guardian
  • Organizations, such as daycare services or after school programs, that want to outline the details of their service with parents or guardians

What is the purpose of a Child Care Contract?

A Child Care Contract ensures there is no confusion surrounding child care. It establishes the particulars of a child care service, including, but not limited to:

  • What child care services will be provided (e.g. supervision, snacks and meals, tutoring, activities, etc.)
  • Payment details (e.g. how payments will be made, when payments are due, how much the services will cost, and how late payments will be handled)
  • If expenses incurred by the service provider will be reimbursed
  • If the service provider requires a deposit (a sum of money provided by the parents or guardians to the child care provider in order to secure services for a certain period of time in the future)
  • If there are any facilities (such as a vehicle or home) that belong to the client that the child care provider can use to assist with caring for the child

To provide additional protection to the parents or service provider, a Child Care Contract may also include clauses regarding:

  • Confidentiality, which would prevent the child care provider from disclosing confidential information about the child or the child's parents or guardian
  • Duty of care, which would specify that the child care provider must maintain a reasonable standard of care for the child
  • Limitation of liability, which would help limit the service provider's exposure to lawsuits, depending on the circumstances

How should compensation be handled in a Child Care Contract?

It is important that child care providers and parents formally establish the terms related to service payments and fees in their Child Care Contract. Doing so ensures both parties acknowledge and agree to the payment details, which helps prevent disputes from occurring in the future.

For instance, a Child Care Contract will typically outline:

  • The billing rate (e.g. a flat fee, $23.00 per hour, etc.)
  • Whether sales tax is included in the price or added to it
  • The deposit details (if one is required and how much)
  • How often payments for services should be made (e.g. every month, two weeks, etc.)
  • When the payment is due (e.g. within 30 days of receipt of the invoice)
  • How much interest is charged on late payments

Related Documents:

  • Child Travel Consent: provide a chaperone consent to travel with your child without you
  • Child Medical Consent: enable a child care provider to consent to medical treatments for your child in your absence
  • Contract Addendum: conveniently alter an existing contract instead of creating an entirely new contract
  • Invoice Form: create an invoice for a service you provided
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