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Child Care Contract


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Your Child Care Contract

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


(the "Client")

Child Care Provider

(the "Child Care Provider")
  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 can do so immediately by serving written notice on 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. Except as otherwise provided in this Contract, the obligations of the Child Care Provider will end upon the termination of this Contract.
  9. Performance
  10. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
  11. Authorisation to Treat a Minor
  12. 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.
  13. Duty of Care
  14. The Child Care provider under the provisions of this Agreement, accepts a general duty of care wherever reasonable and necessary.
  15. Limitation of Liability
  16. 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.
  17. Currency
  18. Except as otherwise provided in this Contract, all monetary amounts referred to in this Contract are in GBP.
  19. Payment
  20. The Child Care Provider will charge the Client a flat fee of £0.00 for the Services (the "Payment").
  21. The Client will be invoiced when the Services are complete.
  22. Invoices submitted by the Child Care Provider to the Client are due within 30 days of receipt.
  23. 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.
  24. 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.
  25. 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.
  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 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.
  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 authorised 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 England.
  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

Last updated February 16, 2024

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What is a Child Care Contract?

A Child Care Contract outlines the terms and conditions when a client (e.g., parent or guardian) hires a caregiver to provide care for their child or children

A Child Care Contract is also known as a: 

  • Daycare contract 
  • Babysitter contract 
  • Babysitter agreement 

Our customisable template allows you to specify the duration of services that best suits you and your children’s needs, whether it be occasionally, for a fixed term, or indefinitely

What information should be included in a Child Care Contract?

Child Care Contracts exist to eliminate confusion surrounding the particulars of childcare services. Generally, they should include the following details: 

  • What services will be provided (e.g., supervision, meal preparation, educational or extracurricular activities, etc.) 
  • Payment information (e.g., payment methods, payment schedule, how late payments will be handled, if deposits are required, and the overall cost of services.)
  • The available facilities or materials that belong to the client (e.g., vehicle, kitchen access, etc.

A Child Care Contract may include additional protection clauses such as:

  1. Confidentiality: Prevents the child care provider from disclosing personal information related to the child or their parents/guardians. 
  2. Duty of Care: Specifies that the child care provider must maintain a reasonable standard of care for the child or children. 
  3. Limitation of Liability: Helps to limit the service provider’s exposure to lawsuits, depending solely upon the circumstances. 

Who should use a Child Care Contract?

Parties who wish to define the terms and conditions of childcare services formally use Child Care Contracts. They typically are: 

  • Parents or guardians hiring a freelancing child care provider or child care organisation
  • Daycares, after-school programs, or other related organisations that are required to provide information regarding their services
  • Babysitters and au pairs who want to solidify their working arrangements with clients. Note that au pairs operate under different terms than nannies or babysitters (e.g., living arrangements and pay)

Who should not use a Child Care Contract?

If a child care provider is classified as an employee, they shouldn’t use Child Care Contracts. Instead, they should use Employment Contracts to outline their working arrangements.

Only child care providers who are self-employed independent contractors, should use Child Care Contracts. 

If you’re unsure whether a child care worker should be classified as an independent contractor or employee, ask the following questions:

  • Will the child care worker choose their own hours and work methods?
  • Will the child care worker decide what meals to make for the children?
  • Does the child care worker work for more than one client?
  • Does the child care worker invoice the client for their pay?

If the answers to these questions are “no” then the child care worker would most likely be classed as an employee and entitled to employment benefits.

Why is it important to use a Child Care Contract?

Child Care Contracts are important because they provide clarity and help to ensure that the parties avoid misunderstandings and disputes. In addition, Child Care Contracts establish a record of a worker’s status as a contractor, rather than an employee. 

They also protect the interests of both parties and can be used when seeking legal recourse if one party does not fulfil their side of the arrangement. For example, if a client doesn’t pay, the child care provider can use the contract to prove the client’s payment obligations.

It’s important to use the proper documents when dealing with children. For example, parents and guardians might also use a Child Medical Consent Form to give someone the authority to make medical decisions for their child when they aren’t present. Similarly, parents and guardians can use a Travel Consent Form to prove they consent to their child travelling domestically or internationally without them.

How are child care costs calculated?

To charge clients the correct amount, child care providers need to establish the following in their contracts: 

  • Billing rate, which is also known as a flat fee or hourly fee. 
  • Deposit amount, if they choose to charge one before providing care
  • Payment schedule, how often or when payments are made.
  • If late fees are applied to missed payments, and how much if so.
  • Whether the sales tax is included in the price or added to it.

How do I cancel my Child Care Contract?

Cancelling a Child Care Contract varies depending on the situation. If both parties agree to cancel the contract before any child care has taken place, they can simply walk away from their arrangement. They have the option to record the cancellation with a Termination Agreement. 

If one party wants to cancel the Child Care Contract, they may have to give the other party proper notice. Within your Child Care Contract, you can outline a notice period in which either party can terminate the contract early

The child care provider may want to address partial payment for services in the contract. Providers often require partial payment if a client terminates the contract after they’ve invested large amounts of time and resources. 

Our template allows you to add specific cancellation policies as additional clauses to your contract. 

Related documents

  • Child Travel Consent Form: Give formal permission as a parent or guardian for your child to travel domestically or internationally.
  • Child Medical Consent Form: Give another individual the authority to make medical decisions for your child with our customisable form.
  • Contract Addendum: Add new terms and conditions to your current contract without invalidating the original with our easy-to-use template.
  • Service Agreement Form: Create a written agreement and outline the terms and conditions between a service provider and a customer.
  • Termination Agreement: Record a contract’s cancellation.
  • Employment Contract: Outline an employee and employee’s rights, responsibilities, and obligations.
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