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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 16th day of October, 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. Authorisation 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 GBP.
  20. Payment
  21. The Child Care Provider will charge the Client a flat fee of £__________ for the Services (the "Payment").
  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 Payment to the date of termination provided that there has been no breach of contract on the part of the Child Care Provider.
  25. The Payment as stated in this Contract does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.
  26. The Child Care Provider will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Child Care Provider will indemnify the Client in respect of any such payments required to be made by the Client.
  27. Reimbursement of Expenses
  28. 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.
  29. All expenses must be pre-approved by the Client.
  30. Confidentiality
  31. 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.
  32. 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 authorised 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.
  33. Return of Property
  34. 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.
  35. Capacity/Independent Contractor
  36. 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.
  37. Notice
  38. 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.

  39. Indemnification
  40. 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.
  41. Modification of Contract
  42. 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.
  43. Time of the Essence
  44. Time is of the essence in this Contract. No extension or variation of this Contract will operate as a waiver of this provision.
  45. Entire Agreement
  46. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Contract except as expressly provided in this Contract.
  47. Enurement
  48. 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.
  49. Titles/Headings
  50. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract.
  51. Gender
  52. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  53. Governing Law
  54. This Contract will be governed by and construed in accordance with the laws of _______________
  55. Severability
  56. 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.
  57. Waiver
  58. 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 16th day of October, 2018.

 

_______________________________
______________________(Client)

 

_______________________________
______________________(Child Care Provider)


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