Free Child Care Contract

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Child Care Contract

Ending the Contract


Ending the Contract

If either party wants to end the contract early, written notice of

days must be given.

Frequently Asked Questions
How to choose the right notice periodTypically, one week's notice is sufficient for most short-term contracts. If the contract is for more than a few months, it is better to require notice of at least 15-30 days.


Your Child Care Contract

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Child Care Contract Page of
Page of

CHILD CARE CONTRACT

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

Client

____________________________________________________
(the "Client")

Child Care Provider

____________________________________________________
(the "Child Care Provider")
  1. BACKGROUND
  2. The Client is of the opinion that the Child Care Provider has the necessary qualifications, experience and abilities to provide services to the Client.
  3. 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 10 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 Agreement, 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 CAD (Canadian 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 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.
  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.
  36. No Exclusivity
  37. 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.
  38. Notice
  39. 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.

  40. Indemnification
  41. 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.
  42. Modification of Contract
  43. 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.
  44. Time of the Essence
  45. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  46. Entire Agreement
  47. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  48. Enurement
  49. 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.
  50. Titles/Headings
  51. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  52. Gender
  53. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  54. Governing Law
  55. This Contract will be governed by and construed in accordance with the laws of the Province of.
  56. Severability
  57. 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.
  58. Waiver
  59. 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)
Child Care Contract Page of
©2002-2020 LawDepot.ca®

Child Care Contract Information

A Child Care Contract is also known as:

  • Agreement for child care services
  • Babysitter contract
  • Home daycare contract
  • Nanny employment contract

What is a Child Care Contract?

A Child Care Contract outlines the terms and conditions for child care services between a family and a caregiver. You can customize LawDepot’s Child Care Contract template to suit a variety of arrangements, including drop-in, in-home, temporary, or regularly scheduled child care. Use our template if you’re a parent hiring a babysitter or nanny, or if you’re a professional child care provider such as a daycare or day home.

What information should be in a daycare contract?

LawDepot’s Child Care Contract template addresses the key terms that ensure both parties have a clear and mutual understanding of the agreement. Fill out the questionnaire with the following information to complete your custom agreement:

  • The child care services to be provided (supervision, meal preparation, educational activities, etc.)
  • Payment details (option to include late payment charges or a deposit)
  • How expenses may or may not be reimbursed
  • The facilities or material assistance available (things that the client makes available to the child care provider, such as vehicles or home kitchen access)

To provide additional protection to the parents or service provider, our template also includes optional clauses regarding:

  • Confidentiality
  • Duty of care
  • Limitation of liability

A confidentiality clause requires the child care provider to keep sensitive information about the child or family private. The requirement for confidentiality may remain in effect indefinitely.

With a specified duty of care, the caregiver must provide a reasonable standard of care to prevent injuries in any situation in which they’re supervising the child or children. For instance, if the caregiver fails to secure a child properly into a car seat, gets into an accident, and injures the child, the parents may hold the caregiver liable for medical bills and compensation.

A limitation of liability clause makes clear that the child care provider will have no liability to the client or any other party for any loss or damage (whether direct or indirect) which may arise from the provision of the services. However, this does not protect the child care provider from their own negligence.

How do you calculate child care costs?

Generally, child care providers establish their own billing details, such as their billing rate, deposit amount, late fee amount, and tax inclusion.

Billing rate

You can charge either a flat fee (a payment made in full at a certain time) or an hourly rate (a payment that the caregiver earns as they work and that the client pays periodically). Factors that may affect your billing rate include:

  • The length of the contract (whether it be temporary or ongoing)
  • The skills required for the job (if the client requires educational tutoring or if the child has special needs)
  • The scope of child care (if it includes supervision, transportation, meal preparation, etc.)

Deposit amount

Child care providers may require clients to make a deposit, usually between 10% and 50% of the total contract amount, before they begin supplying care. Factors that affect the deposit amount may include:

  • The stability of the client’s financial situation
  • The degree of trust between the client and the child care provider
  • The presence of a rival business that may offer competitive prices

Late fees

You may set a reasonable time period for the client to pay an invoice (often within 15 to 30 days of receipt). If payments aren’t made within this time frame, child care providers may charge late fees in addition to the outstanding invoice amount. Typically, late fees are no more than 10% per year on any overdue amounts. Caregivers may choose to impose late fees to:

  • Encourage clients to pay on time
  • Maintain a positive cash flow
  • Avoid carrying clients’ debt

Sales tax

If you’re an independent contractor (i.e., you work for yourself or own a small business), you’ll need to pay taxes differently than an employee. For example, unless you are a small supplier, you’re required to charge, collect, and transfer sales taxes for your services and any supplies you use to do your job. Be sure to research how to charge GST/HST in your province or territory.

Although supplies and materials aren’t taxable if the client pays for them, child care providers can claim tax relief on any expenses that are for their business. For instance, you can expense any groceries, diapers, toys, or art supplies you buy to take care of a client’s children. If you provide child care in your own home, you may be able to deduct expenses such as electricity, insurance, or rent from the taxes you pay.

Why are policies and procedures important in childcare?

Some government policies mandate how child care providers should handle certain situations, such as what to do when a child has a communicable disease or how to serve snacks and meals for children in full- or part-time care.

Both parents and childminders should research and adhere to local guidelines to avoid potential liability disputes. Although LawDepot’s Child Care Contract includes an indemnification clause, a child care provider’s liability also depends on your jurisdiction’s applicable laws.

As such, you may wish to outline certain emergency procedures or guidelines in your Child Care Contract to ensure that all parties understand the expectations for child care providers. If needed, add these instructions in the Additional Clauses section of the questionnaire.

As a parent, you may also wish to complete a Child Medical Consent form so the child care provider can consent to medical treatments in the absence of a legal guardian.

How do I cancel my Child Care Contract?

There may be a time when one or both parties decide to terminate the contract before its official end date. In this case, you can set a period of time for either party to provide notice of early termination.

As the child care provider, you may also want to address partial payment for services in your contract. Often, providers require partial payment if the client terminates the contract after they've invested a significant amount of time or resources. You can add any specific cancellation policies in the Additional Clauses section of the questionnaire.

Related documents

  • Child Travel Consent: Give written permission for your minor child to travel with their care provider.
  • Child Medical Consent: Give written permission for a caregiver to make certain medical decisions (approved by you) for your child.
  • Contract Addendum: Use this document to make changes, additions, or deletions to your Child Care Contract without compromising the integrity of the original agreement.
  • Invoice Form: As a child care provider, keep track of the services you provide and the amount of payment a client owes you.
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