Child Care Agreement - Template, Sample Form Pro · AU-law

CHILD CARE SERVICES AGREEMENT

(Contract for Services — Independent Contractor)

§ 1. PARTIES AND BACKGROUND

(a) This Child Care Services Agreement ("Agreement") is made on ________ between the following hiring family (the "Family"):

________
________

(b) And the following child care provider (the "Provider"):

________
ABN: ________
________

(c) The Provider agrees to care for the following child (the "child"):

— ________, ________, born on ________

(d) Subject to the terms and conditions set out in this Agreement, the Provider agrees to provide child care services ("Services") to the Family in the manner described in this Agreement.

(e) Nothing in this Agreement limits or excludes any consumer guarantee, right or remedy conferred on the Family by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded.

§ 2. CONTACT DETAILS

(a) The contact details for the Family are:

Address: ________
Phone: ________
Email: ________

(b) The contact details for the Provider are:

Address: ________
Phone: ________
Email: ________

(c) The contact details for emergencies are:

________

§ 3. CONTINGENCIES AND CHANGES OF PLANS

(a) If the Provider is unavailable to provide the Services, then:

(I) the Provider may, with the prior consent of the Family, arrange for one or more suitably qualified and screened alternative persons to provide the Services; and

(II) if the Family does not consent to any alternative person providing the Services in the Provider's absence, the Family may notify the Provider, and the Family will not be charged for that portion of the Services not delivered.

(b) Any alternative person engaged under this clause must hold a current Working with Children Check clearance valid in ________ and any other clearance required by law.

§ 4. FAMILY OBLIGATIONS

(a) The Family agrees to provide accurate and up-to-date information about the relevant parents, guardians and emergency contacts, including:

(I) names;

(II) addresses;

(III) contact phone numbers; and

(IV) their relationship to the child.

(b) The Family agrees to provide contact details for at least one person who can be contacted if the Family cannot be reached.

(c) The Family agrees to provide accurate and up-to-date information about the child to be cared for under this Agreement, including:

(I) full legal name;

(II) any other names the child goes by or responds to;

(III) date of birth;

(IV) if the child has a mobile phone — their phone number;

(V) any relevant dietary needs, allergies or other relevant information (such as preferred meal times);

(VI) any relevant medical information, including illnesses, injuries, conditions or diseases from which the child suffers, any medication the child takes and any other relevant information;

(VII) details of the child's current immunisation records; and

(VIII) full names and contact details for the child's health care providers.

(d) The Family agrees to promptly notify the Provider of any changes in any of the information the Family has given to the Provider.

(e) The Family agrees to sign any relevant consent forms reasonably required by the Provider.

(f) On the days the Services are provided, the Family agrees to:

(I) drop off the child no earlier than the specified start time;

(II) collect the child no later than the specified end time;

(III) ensure the child is equipped with appropriate clothing, footwear, sun protection and other relevant provisions for the forecast weather conditions and activities;

(IV) ensure the child is provided with any special foods, medications or other relevant provisions according to their specific needs;

(V) ensure the child is provided with any other things reasonably requested by the Provider from time to time, which may include a change of clothing, cash, or provisions for specific activities; and

(VI) notify the Provider of any relevant changes or needs in relation to the child, such as recent injuries or other challenges.

§ 5. PROVIDER OBLIGATIONS

In delivering the Services, the Provider will:

(a) deliver the Services with due care, skill and diligence consistent with the guarantees implied by the Australian Consumer Law;

(b) deliver the Services in accordance with commonly accepted industry standards, practices and guidelines, including (where applicable) the Education and Care Services National Law and the Education and Care Services National Regulations;

(c) comply with all applicable regulatory and legislative requirements;

(d) comply with any applicable registration and screening requirements, including holding a current Working with Children Check clearance;

(e) comply with any requirements imposed by the Provider's insurer (if applicable);

(f) prioritise the physical and mental well-being and safety of the child above all other duties, and comply with mandatory child-protection reporting obligations under applicable law;

(g) tend to the child's basic needs, such as bathing, brushing teeth, dressing, nappy changing, feeding, napping and putting to bed, as relevant and necessary;

(h) pick up and drop off the child at school;

(i) administer medication to the child only as directed in writing by the Family;

(j) prepare meals for the child during their time caring for the child, and clean and tidy the kitchen and dining area when each meal is completed;

(k) supervise and participate in activities with the child, including games, play dates with other children, playground outings, crafting projects, cultural activities, trips to museums and libraries, and reading to the child daily;

(l) research and plan activities for the child that have substantial child-development, social-skill-building or educational value;

(m) keep a daily journal to be provided to the Family describing the child's daily activities, meals, medication and any disciplinary incidents;

(n) provide daily language instruction to the child;

(o) provide daily music instruction to the child;

(p) use a vehicle provided by the Family to take the child to and from activities and events;

(q) tidy the child's bedroom and play areas, including keeping these areas organised, making beds, vacuuming and disinfecting toys as relevant and necessary;

(r) wash, fold and put away the child's laundry and linen; and

(s) perform the following additional responsibilities:

________

§ 6. DAYS AND TIMES OF SERVICES

(a) The Services will be provided according to the following weekly schedule:

________

(b) The Provider will begin providing the Services on ________.

(c) The Provider will cease providing the Services on ________.

§ 7. FEES AND CHARGES

(a) The Family agrees to pay the Provider for the Services at the rate of $________ (________ dollars) per hour.

(b) The Family agrees to pay the Provider an hourly rate of $________ (________ dollars) per hour for any additional time worked by the Provider, including if the Family drops off the child before the specified start time or collects the child after the specified end time.

(c) The Provider will be reimbursed for all reasonable and necessary expenses incurred in connection with providing the Services, provided the Provider furnishes receipts, statements and other reasonable documentation for all such expenses.

(d) As the Provider is engaged as an independent contractor, the Provider is responsible for the Provider's own taxation obligations, including income tax and superannuation contributions where applicable, and the Family is not obliged to make any PAYG withholding except as required by law.

(e) The Provider's rates may increase from time to time, but no increase will apply to the Family unless the Family provides written acceptance of the increase.

(f) All fees stated in this Agreement are inclusive of goods and services tax (GST) where the Provider is registered for GST under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

§ 8. PAYMENT

(a) The Family will issue payment to the Provider at the end of each day on which the Provider works for the Family, or at such other interval as the parties agree in writing.

(b) For any payment not made within 10 business days of its due date, the Family will pay a late fee of $________ (________ dollars) per day, beginning the day after the grace period ends and ending on the day the Family makes the required payment. Any such late fee must represent a genuine pre-estimate of the Provider's loss and not a penalty.

(c) Payment will be made in the following manner:

________

§ 9. TERMINATION

(a) Either party may terminate this Agreement by giving the following amount of notice in writing of an intention to terminate (or, in the case of the Family, by paying for Services in lieu of notice): ________.

(b) The Family may terminate this Agreement immediately, without the notice referred to in clause (a), in any of the following situations:

(I) the Provider wilfully or negligently compromises the safety of the child;

(II) inconsistent or non-performance of agreed responsibilities;

(III) the Provider lies to or steals from the Family;

(IV) misuse of the Family's vehicle or any other possessions;

(V) breach of confidentiality;

(VI) persistent lateness of more than 20 minutes without sufficient explanation or excuse;

(VII) unapproved guests at the Family's home;

(VIII) smoking or consumption of alcohol while on duty;

(IX) illegal drug use;

(X) any violence, abuse, harassment, bullying or threats towards the Family, the child or any other person;

(XI) if the Family has any reasonable concerns about the Provider's ability to perform the Services and to act in the best interests of the child; or

(XII) if the Provider fails to maintain any qualification, certification, registration, membership, insurance, Working with Children Check clearance or other similar requirement set out in this Agreement or required by law.

(c) The Provider may terminate this Agreement and cease providing the Services immediately, without the notice referred to in clause (a), in any of the following situations:

(I) failure by the Family to adhere to the payment schedule for more than 30 days, unless otherwise agreed;

(II) any violence, abuse, harassment, bullying or threats towards the Provider by the Family; or

(III) if the Provider has any reasonable concerns for the Provider's safety or wellbeing while providing the Services.

(d) Where any Services have been paid for in advance and this Agreement is terminated before those Services are delivered, the Provider will refund any fees applying to the undelivered Services within 30 days of the date of termination.

(e) The Family must pay the Provider for any Services actually provided prior to termination of this Agreement.

§ 10. PROPERTY

(a) Subject to any rights the Family has under the Australian Consumer Law and subject to clause § 12, the Provider takes no responsibility for theft, damage or loss of property in connection with the Services that does not arise from the Provider's negligence or breach of this Agreement.

(b) If the Family intends to provide the child with any valuable items of property, the Family is responsible for taking any necessary precautions to protect them from theft, damage or loss.

(c) The Provider may offer lockers or another means to store property, but if it does, the Family and the child use them at their own risk except where loss or damage arises from the Provider's negligence.

(d) The Family agrees that, except to the extent caused by the Provider's negligence or breach, the Provider is not responsible for any property which the child brings to or uses during the Services.

§ 11. CONFIDENTIALITY

(a) The Provider acknowledges that, in the course of providing the Services, the Provider may have access to private and confidential information relating to the Family and the child, including but not limited to personal, financial, medical and domestic information.

(b) The Provider agrees to keep all such information strictly confidential, and not to disclose any such information to any third party except as required by law or as reasonably necessary to provide the Services.

(c) The Provider agrees not to use any such information for any purpose other than providing the Services under this Agreement.

(d) This obligation of confidentiality will continue to apply after termination of this Agreement.

§ 12. LIABILITY

(a) Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy conferred on the Family by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Nothing in this clause operates to exclude or limit liability for death or personal injury caused by the Provider's negligence.

(b) To the extent permitted by law, and other than for death or personal injury, the liability of the Provider for any loss, damage or injury will be limited to a reasonable amount having regard to whether the loss, damage or injury was due to the negligence of the Provider.

(c) The Provider's liability will be reduced to the extent that any loss, damage or injury is attributable (in whole or in part) to:

(I) an act or omission of the Family;

(II) an act or omission of the child;

(III) an act or omission of a third party; or

(IV) any event or events which the Provider could not have foreseen, prevented, avoided, minimised or limited even if the Provider had taken all reasonable care.

§ 13. GENERAL RULES AND PROVISIONS

(a) The Provider agrees to maintain all credentials necessary to provide child care under the laws of ________ and the Commonwealth of Australia, including current first aid and CPR certification and a current Working with Children Check clearance. Engagement under this Agreement is conditional upon the Provider providing proof of these credentials and submitting to a National Police Check if requested by the Family.

(b) The Provider is not permitted to consume alcohol while on duty.

(c) The Provider and any of the Provider's guests at the Family's home are not permitted to smoke. The Provider agrees to refrain from smoking while caring for the child, including during walks, outdoor activities or playground trips.

(d) The Provider confirms that they do not use illegal drugs, and illegal drug use is grounds for immediate termination without notice.

(e) The Provider agrees to be attentive to the child and to limit personal phone calls and internet usage to 15 minutes or less while the child is awake.

(f) At the time of termination and prior to receipt of any final payment, the Provider must return to the Family all of the Family's property.

§ 14. PRIVACY

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§ 15. INDEPENDENT CONTRACTOR

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§ 16. QUALIFICATIONS

(a) The Provider represents and warrants that the Provider holds the following qualifications ("Qualifications"):

________

(b) The Provider will take all necessary actions to maintain the Qualifications throughout the term of this Agreement.

(c) The Provider will immediately notify the Family if the Provider ceases to hold any Qualification.

§ 17. WORKING WITH CHILDREN CHECK

The Provider represents and warrants that the Provider holds a current Working with Children Check clearance valid in ________ (clearance number: ________, expiry date: ________) and will maintain that clearance throughout the term of this Agreement.

§ 18. PROFESSIONAL MEMBERSHIP

(a) The Provider represents and warrants that the Provider is a member of the following child care association ("Membership"):

________

(b) The Provider will take all necessary actions to maintain the Membership throughout the term of this Agreement.

(c) The Provider will immediately notify the Family if the Provider ceases to hold the Membership.

§ 19. INSURANCE

The Provider represents and warrants that the Provider holds current public liability insurance and professional indemnity insurance to a value of not less than $________, and will provide a copy of the relevant certificate of currency upon request.

§ 20. DISPUTES

(a) If the Family has any concerns about the Services, the Family should raise these concerns directly with the Provider as a first step.

(b) If a dispute is not resolved within 21 days of being raised, either party may refer the dispute to mediation administered by a mediator agreed between the parties or, failing agreement, appointed by the Law Society of ________, before commencing court proceedings (except where urgent interlocutory relief is required).

§ 21. CONSENT TO FIRST AID

The Family consents to the Provider performing first aid on the child where reasonably necessary.

§ 22. CONSENT TO ADMINISTER MEDICATION

The Family consents to the Provider administering medication to the child as follows:

________

§ 23. CONSENT TO HAND OVER CHILD

The Family consents to the child being collected by:

________

§ 24. OTHER CONSENT

The Family consents to the following:

________

§ 25. ALLERGIES

The Family confirms, and the Provider acknowledges, that the child has the following allergy/allergies:

________

§ 26. OTHER INSTRUCTIONS

The Family confirms, and the Provider acknowledges, the following other instructions:

________

§ 27. NOTICES

Any notice under this Agreement must be in writing and delivered to the relevant party at the address or email shown in § 2, and is taken to be received on delivery (if by hand), on the next business day (if by email), or two business days after posting (if by prepaid post).

§ 28. ENTIRE AGREEMENT AND VARIATION

This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior negotiations, representations and arrangements. No variation of this Agreement is effective unless made in writing and signed by both parties.

§ 29. GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws of ________, and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction and the courts competent to hear appeals from them.

§ 30. SEVERABILITY

If any provision of this Agreement is 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 part severed from the remainder of this Agreement.

Executed as an agreement on ________.

Signed by the Family, ________:

____________________________________
Signature of ________
Date: ________

In the presence of (witness):

____________________________________
Witness name: ________
Witness address: ________

Signed for and on behalf of the Provider, ________:

____________________________________
Signature of ________
Date: ________

In the presence of (witness):

____________________________________
Witness name: ________
Witness address: ________