MAKE YOUR FREE Childcare Contract

Making your Childcare Contract online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the childcare arrangement prepared in advance, creating your document is a quick and easy process. 

You’ll need the following information: 

The childcare provider, the parent(s)/guardian(s), and the child

• What is the childcare provider’s name, address, and legal structure? If it’s a company, what is its company number? 

• Who is the childcare provider’s signatory, if it’s a company or a partnership? This is the person who will sign the Contract on the company’s or partnership’s behalf.

• What is the childcare provider’s main email address?

• What is the name and email address of the childcare provider’s manager (ie the person responsible for the child while they’re in childcare)?

•  Are there 1 or 2 parents and/or legal guardians?

• What is the name and address of each parent/legal guardian? 

• What is the name of the child that is to be looked after?

The childcare arrangements

• On which date will the childcare services start? 

Fees

• What are the childcare provider’s fees?

  • Is this inclusive or exclusive of Value Added Tax (VAT), or is VAT not applicable?

• Does a registration fee need to be paid?

• Does a deposit (ie a non-refundable amount paid to secure the child’s place) need to be paid? 

• How frequently will invoices be issued?

• Within how many days of receiving an invoice must the parent(s)/guardian(s) pay the invoice?

• Does the childcare provider accept cash payments?

• Is there a penalty for overdue fees? If so: 

  • Is it charged as a set fee or as interest?

  • If it’s charged as a fee, after how many days following the issue of an invoice will the fee be charged? How much is the fee?

  • If it’s an interest rate, what is the rate?

• After how many days following the date of an invoice can the child’s place be cancelled if an invoice remains unpaid?

• Will fees remain payable during absences due to:

  • The child’s illness?

  • The child and their family being on holiday?

  • Public holidays?

  • Events outside of the childcare provider’s control (ie force majeure events)? 

• If the childcare provider is closed due to an event that occurs which is within the childcare provider’s control (eg renovation work or similar that is covered by the provider’s insurance), will a fee discount be offered? 

• After which time will collection of the child be considered late (and an extra fee imposed)? How much is the late collection fee?

The Childcare Contract

• What is the childcare provider’s maximum liability (ie the maximum amount of costs they will cover) to the parent(s)/guardian(s) for any losses that they incur relevant to the Contract?

• How much notice must the parent(s)/guardian(s) give to end the Contract?

• Where can a copy of the childcare provider’s Privacy policy be obtained from?

• If the childcare provider or one or more of the parent(s)/guardian(s) is based in Scotland, will the Contract be governed by the laws of England and Wales or the laws of Scotland?

Childcare Contracts set out the terms of an arrangement for the provision of childcare services. To do this, this Childcare Contract template includes the following terms and sections:

This agreement is made on the date of last signature below between… 

The Contract starts by clearly identifying the childcare provider and the parent(s)/guardian(s) of the child (ie the parties to the Contract).

Agreement 

This section identifies the purpose of the Contract: covering the provision of childcare services by the childcare provider. It sets out when the childcare will start and notes that a normal curriculum will be followed.

Term

The date on which the arrangement will start is identified here, and the fact that the arrangement will continue until it is ended (ie there is no specified end date).

Parents’ authority 

This section sets out statements which, in signing this Contract, the parties are agreeing to relative to the child’s safety and care. Specifically, the parents give the childcare provider’s manager permission to make decisions to safeguard and promote the child’s welfare, and the childcare provider is given the right to provide emergency first aid treatment if necessary.

Parent obligations

The obligations imposed on the parent(s)/guardian(s) under the Contract are set out here. Primarily, the parent(s)/guardian(s) must give the childcare provider certain relevant information, for example, details of any known medical conditions or allergies that the child has.

Admissions

This section explains that the child may be admitted to the childcare provider’s care, at the childcare provider’s manager’s discretion, once their registration process has been completed and, if required, a registration fee has been paid. If a deposit is required, information about this is also set out here. 

Fees 

This section sets out the fees that the parent(s)/guardian(s) will be charged for childcare services and provisions relevant to payment. For example, how VAT is handled, when Invoices will be issued and when they must be paid, and what happens if fees are not paid (eg penalties may be charged and the child may lose their place with the childcare provider). 

It’s also stated whether fees are still payable during any periods of absence from the childcare provider and after what time child collection will be considered late and an additional fee charged. 

Ending the agreement

The ways in which the Contract may be ended are set out here. These include:

• by the parent(s)/guardian(s) giving a specified amount of notice in writing

• immediately, by the parent(s)/guardian(s), if the childcare provider breaches their obligations under the Contract and doesn’t remedy the breach within 30 days

• immediately, by the childcare provider if, for example, fees aren’t paid or a child or their parent(s)/guardian(s) display abusive or inappropriate behaviour

This section also explains that childcare services may be temporarily suspended (ie the child cannot attend care) if, for example, the child has an easily transmissible illness or an event beyond the childcare provider’s reasonable control occurs. It’s also explained how fees will be dealt with in these instances (eg whether or not discounts may be offered).

Liability

This section sets a limit on the childcare provider’s liability regarding losses they cause to the parent(s)/guardian(s) in relation to this Contract. This limit is the maximum amount that the childcare provider must pay the parent(s)/guardian(s) if found liable (eg responsible) in such instances. It must be set at a reasonable amount. 

The section also identifies instances in which the childcare provider will have no liability (eg for economic losses incurred by the parent(s)/guardian(s)) and recognises that the Contract does not attempt to limit the childcare provider’s liability in any way that is not permitted by law (eg liability for personal injury due to their negligence is not limited). For more information, read Limitation of liability clauses. 

Privacy

The childcare provider’s commitment to and methods of upholding data protection laws are set out here. This relates to any personal data the childcare provider holds about the child and their parent(s)/guardian(s) (ie information about them from which they could be identified). If the childcare provider has a Privacy policy in place, this is referred to here.

Security

This section sets out commitments by the childcare provider relevant to using security to protect the child’s safety. For example, prior notification is needed before anybody is admitted to the childcare provider’s premises and children are only allowed to leave with people that the parent(s)/guardian(s) have authorised.

General   

This section deals with various other points of law that govern how this Contract operates. For example:

• restricting how the parties can deal with the Contract (eg preventing them from assigning their rights or obligations under the Contract to others without the other party’s (or parties’) permission) 

• stating that this Contract is the entire agreement, ie the Contract contains all of the agreement between the childcare provider and the parent(s)/guardian(s) (ie there are no additional terms). This helps avoid confusion if, for instance, other terms were in contemplation during negotiations 

• requiring that any variations to the Contract are in writing and signed

• excluding the Contracts (Rights of Third Parties) Act 1999 or the Contract (Third Party Rights) (Scotland) Act 2017. This essentially means that third parties (ie not the childcare provider or the parent(s)/guardian(s)) that would otherwise be able to enforce obligations under this Contract under the Act cannot do so

• setting out how any notices or other similar communications that are given under the Contract should be delivered

Governing law and jurisdiction

This section sets out which country’s legal system must be used to resolve any disputes (ie the Contract’s jurisdiction). This is necessary as the legal systems of England and Wales and of Scotland are different. 

The parties have signed this Agreement on the date(s) below…

The Contract ends with spaces for the childcare provider and all parent(s)/legal guardian(s) to sign the document, to make it legally binding.

Schedule 1

The name of the child to which the Contract relates is stated here. 

If you want your Childcare Contract to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Childcare Contract complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.

Look after children and their rights

In some ways, children are particularly vulnerable members of society. Consequently, they tend to have the benefit of extensive legal rights and protections. You should be aware of various legal considerations if you’re providing childcare, for example:

• you may need permission (eg a Child travel consent form) if you travel anywhere with children

• you should take care with who you hire to work for you by, for example, conducting criminal record (ie Disclosure and Barring Service (DBS)) checks when appropriate

• parents have legal duties in relation to caring for their children. If a childcare provider is concerned that these duties are being neglected, or that a child is otherwise unsafe, they should consider taking safeguarding action. Read the NSPCC’s guidance to learn more about safeguarding 

Understand when to seek advice from a lawyer

In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if: 

• this document doesn't meet your needs or doesn’t cover everything you want it to

• you want to create a Contract that covers the care of multiple children