Free Child Care Contract

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Child Care Contract

DurationQG

Child care services are needed:

OccasionallyChild care from time to time

For a fixed termRegular child care until a specified date

IndefinitelyRegular scheduled child care

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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 USD (US 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 expiration 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. 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.
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, 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.
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 State of Ohio.
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)

Question Help

Child Care Contract Document Preview

Document Preview About this Document

What is a Child Care Contract?

A Child Care Contract is an essential agreement that a daycare provider presents to their client to outline the conditions and policies of their childcare services.

Generally, a contract includes compensation details, care standards, and essential information about the child and their parent or legal guardian.

LawDepot’s Child Care Contract is a simple and complete legal document, providing security and confidence for families and childcare providers.

Need a Child Care Contract in Spanish?

Use our Contrato de Niñera.

A Child Care Contract is also known as a:

Daycare agreement
Childcare agreement form
In-home daycare contract
Contract for daycare providers

How do you write a typical daycare contract?

An easy and convenient way to create a thorough Child Care Contract is with LawDepot’s template. It’s customizable to suit your needs.

When using our Child Care Contract template, make sure to include:

Child care and client information

Specify the childcare services, such as providing meals, learning activities, and supervision practices.

Next, state who is providing the child care services, including whether it’s an individual or an organization. Also, provide the client’s information. You may include the names and ages of the children being cared for, if necessary.

Payment and expense information

You’ll also want to specify your contract's billing rate and the payment schedule. The contract also needs to include invoicing information for the client and any necessary or reasonable expenses they will be responsible for reimbursing.

Additionally, include any additional sales tax or duties the client must pay.

Specific clauses and terms

Adding terms that protect the client and childcare provider from legal risks is vital. Our template allows you to add the following clauses to your Child Care Contract:

The Duty of Care clause is an explicit statement which sets out the duty owed by childcare providers to the children in their care.
The Limitation of Liability clause may limit the damages or losses from a lawsuit if a client takes legal action against the childcare provider.
The Confidentiality clause describes permissions toward private client information, such as whether or not the child care provider can share confidential information after the contract ends.

Staying informed about child care, safety procedures, and consent is essential. For the most up-to-date information, visit LawDepot’s Guide to Parental Consent Forms.

How should costs be outlined in the Child Care Contract?

Childcare providers vary in how they bill for their services. A babysitter or nanny may price by the hour, while a large corporation may set their prices monthly or even yearly.

A Child Care Contract should have a transparent pricing structure, with information on how often to make payments. The contract should also outline what happens if the client is late on their payments, wants to terminate the contract, or whether they are responsible for work-related reimbursements.

Paying for childcare can be expensive, but a detailed Child Care Contract can alleviate stress by providing clear, set payment terms. Additionally, looking into state-specific financial assistance programs for child care can help determine the best childcare service for your family.

What should you look for when finding a childcare provider?

When finding the right childcare specialist, ensure the person or organization aligns with your needs, budget, and values.

You can search for state-specific licensed childcare providers who operate under state standards and regulations. However, some families may prefer to hire an individual, like a nanny or babysitter, or a small in-home daycare provider that may not need to be licensed.

Stay informed by confirming the regulations surrounding childcare providers in your state. Choose a quality childcare service based on the safety, learning opportunities, and wellness standards of the children in care.

Who should use Child Care Contracts?

A Child Care Contract benefits both clients and childcare service providers. For example:

Independent contractors, such as nannies, au pairs, or babysitters providing services to a range of clients
Larger childcare organizations or businesses, such as center-based programs and in-home daycare providers
Parents and legal guardians who want to hire an individual or organization for their childcare needs

If you need a more generalized service agreement than our Child Care Contract, use LawDepot’s Service Agreement form.

Bear in mind that if a nanny or au pair works exclusively for just one family on an ongoing basis, that relationship is likely one of employment. If you need a general employment contract, use LawDepot’s Employment Contract.

Reasons to make a Child Care Contract

A detailed agreement ensures everyone is on the same page regarding payment, childcare services, and the contract’s terms.

Without a complete and signed childcare agreement, there is no record of the services, which can cause complications. For example, if you verbally agree on a set rate, a parent could take advantage of receiving childcare services and later deny agreeing to the costs of the services.

An agreement ensures complete transparency of the services offered, all associated costs, and expectations from all parties.

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