Free Child Care Contract

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Child Care Contract

DurationQG

Child care services are needed:

One TimeChild care for one period of time

For a fixed termRegular child care until a specified date

IndefinitelyRegular scheduled child care

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Your Child Care Contract

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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"):
- weekly child care on and
- _______________________________________________________________
  _______________________________________________________________.
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.
Authorisation 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 Client 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 AUD (Australian Dollars).
Payment
The Child Care Provider will charge the Client a flat fee of $______ for the Services (the "Payment").
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 Payment to the date of termination provided that there has been no breach of contract on the part of the Child Care Provider.
The Payment 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 Payment.
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 authorised 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 belonging to 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 authorised 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.
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?

Child Care Contracts are binding agreements between a family and a child care provider. They document terms such as what services are provided, all the required fees, and what each person is responsible for when child care services take place.

LawDepot’s Child Care Contracts work for many types of care, such as hiring a babysitter for an evening, a daycare company for weekdays, or any other form of child care using a service contract.

What is the purpose of a contract for child care services?

Having a Child Care Contract helps ensure everyone knows what their obligations are to the other party. For example, it helps parents or guardians know their responsibilities for communication, the correct rate for fees, and when they’re due. A contract also sets out the child care provider’s legal obligations and standards for the child’s care.

A Child Care Contract can help protect both parties and clear up any disagreements. By setting out clear terms for payments and responsibilities, the contract can be used as evidence if a future dispute occurs.

For instance, without a written agreement, an out-of-school care business could provide child care services, and the family might contest their fees since there was no written proof of the agreed-upon rate. A written contract supports the business’s claim if they are not paid.

Children need to be protected, which means planning ahead before emergencies happen. Learn more in the Essential Documents Every Parent Should Have guide.

How do you write a Child Care Contract?

LawDepot’s Child Care Contract makes writing your agreement simple and easy. Answer a few questions to have your complete contract ready in minutes.

When writing a Child Care Contract, make sure to include the following:

1. Date, schedule, and location information

First, write down whether the child care provided is for one time only, a fixed term, or an indefinite period.

Also, select the state or territory where the child care services will be provided. LawDepot’s Child Care Contract is customisable to meet the requirements of your state or territory. Then, include a schedule for when child care will be provided (e.g., Monday to Friday between 3:30 p.m. and 6:00 p.m.).

2. Child care provider and client information

Document what the child care provider includes in their services. A contract can have terms on transportation, educational activities, meals cooked and served, and supervision practices.

Next, write down the name, address, and Australian Business Number or Australian Company Number of the child care provider or company.

Then, add the client details. This information will be the parent or guardian’s name and contact information. You can also include the children's names and ages in the contract.

3. Payment policies

Include payment details, like the hourly rate or flat fee. Additionally, note how long the clients have to pay for services. For example, this can be within 30 days of receiving an invoice. Also, include a clause for any interest added for late payments.

In Australia, you’ll also have to consider who pays superannuation guarantee contributions and note this in the contract. You should also include whether the client pays for applicable work-related expenses.

Child Care Contracts should also include information on how to cancel the contract and whether any payments are due if it is terminated early.

4. Clauses and conditions

LawDepot’s Child Care Contract allows you to include clauses to create additional protection for both parties. The agreement includes additional clauses such as:

Confidentiality clauses to make sure that personal information is kept private
Duty of care clauses to state the standard of care owed by child care providers to the children in their care
Limitation of liability clauses to reduce legal risks against child care providers within reason

If you want to hire a full or part-time employee, use LawDepot’s Employment Contract. LawDepot also offers a general Service Agreement tailored to your needs.

When to use a Child Care Contract

Child care providers or parents can use a Child Care Contract to determine the terms and conditions for a child's care offered on a service contract basis. Businesses offering child care typically set the available hours, provide their own facilities and/or equipment, and work for various clients.

By contrast, nannies or babysitters who work exclusively for one family, at the direction of that family and at hours set by that family, would be classified as employees. These long-term child care providers would need an Employment Contract.

Parents or guardians looking for child care in Australia can choose from many available options, like:

Long-day care providers, such as centre-based daycare organisations that often offer educational programs during care
Family day care providers that have limits on how many children can be cared for in the home at one time
Outside school hours care providers that usually operate around or on primary school sites to provide care in special or emergency situations
In-home care providers who are child care providers and educators working from the child’s home to provide care
Private individual child care providers, such as nannies, crèches, au pairs, and babysitters

Four government-subsidised child care groups can apply the Child Care Subsidy (CSC) if they meet the National Quality Standard and are an approved child care service provider. The four CSC-approved groups are:

Centre-based day care
Family day care
Outside school hours care
In-home care options

LawDepot’s Child Care Contracts benefit individuals, corporate child care providers, and families.

What are the laws and regulations surrounding child care in Australia?

The Australian Children’s Education and Care Quality Authority (ACECQA) regulates child care services in Australia. Eligible families that hire approved child care providers can reduce costs by claiming the Child Care Subsidy.

Families can visit the Services Australia website to learn about subsidy eligibility requirements. Some of the eligibility criteria may include:

Family income totals less than $533,280
Children are 13 or under and meet immunisation requirements
The family pays for child care through an approved service

Families can search for approved child care options through Starting Blocks Australia.

What licences and qualifications do child care providers need to work in child care in Australia?

Often, child care providers need to have:

Current first aid certification
Child care training
Child-focused education and work experience

Child care providers must be approved by the National Quality Agenda IT System to offer the Child Care Subsidy to families.

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