Babysitting Agreement - Template, Sample Form Online Pro · IN-law

BABYSITTING SERVICES AGREEMENT

(Contract for Services executed under the Indian Contract Act, 1872)

This Babysitting Services Agreement ("Agreement") is made and executed on ________ at ________.

BY AND BETWEEN

________, holding identity document (Aadhaar / PAN / Passport No.) ________, residing at ________, being the parent / lawful guardian of the Child described herein, hereinafter referred to as the "Client" (which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include his/her legal heirs, executors, administrators, successors and permitted assigns) of the ONE PART;

AND

________, holding Government identity document (Aadhaar / PAN / Passport No.) ________, residing at / having correspondence address at ________, hereinafter referred to as the "Nanny" (which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include his/her legal heirs, executors, administrators, successors and permitted assigns) of the OTHER PART.

The Client and the Nanny are hereinafter individually referred to as a "Party" and collectively as the "Parties".

WHEREAS:

A. The Client desires to engage the services of the Nanny for the care and supervision of the Child described herein (the "Babysitting" / "Services"); and

B. The Nanny represents that she/he possesses the requisite skill, experience and good health necessary to render the Services and is willing to be engaged by the Client on the terms set out herein.

NOW THEREFORE, in consideration of the mutual covenants, terms, conditions and promises set out herein, and intending to be legally bound, the Parties agree as follows:

§ 1. DETAILS OF THE CHILD

1.1 The Services shall be rendered in respect of the following child (the "Child"):

Name: ________; Gender: ________; Age: ________; Date of Birth: ________; Place of Birth: ________.

§ 2. FEE AND PAYMENT

2.1 The fee for the Services shall be Rs. ________ (Rupees ________) ________.

2.2 The payment shall be made by the Client on a ________ basis.

2.3 Payment shall be made by the following mode: ________. Any applicable bank or transaction charges shall be borne by the Client.

2.4 The aforesaid fee is inclusive of all applicable taxes, levies and cesses required under the prevailing Central and State laws. Any tax deductible at source under the Income-tax Act, 1961, where applicable, shall be deducted and deposited by the Client in accordance with law.

2.5 If the Client intends to travel with the Child on vacation or otherwise does not require the Services for more than one (1) working day, the Client shall notify the Nanny with advance notice of ________ (________), failing which the Client shall remain liable to pay the fee for such days.

§ 3. PLACE OF SERVICE

3.1 The Services shall be rendered at the following location:

________

§ 4. TIMING AND SCHEDULE

4.1 The timing for the Services shall be as follows:

________

4.2 The Services shall not be rendered on public holidays declared in India and in ________ (paid holidays).

4.3 Any change to the schedule desired by the Client shall be communicated in writing to the Nanny and, subject to availability, the Nanny may accept such change.

§ 5. GENERAL RESPONSIBILITIES OF THE NANNY

5.1 The Nanny shall:

(i) observe due care, diligence and reasonable skill while watching and supervising the Child;

(ii) immediately alert the Client of any issue or incident concerning the Child or the household;

(iii) attend to the basic needs of the Child including hygiene, naps, food and drinks;

(iv) prepare and supervise age-appropriate activities including games, walks, reading and outdoor activities;

(v) conduct activities of educational and developmental value for the Child;

(vi) give the Client reasonable notice if for any reason the Nanny cannot render the Services on any day;

(vii) prepare healthy meals for the Child (and where agreed, the Client), to be served at scheduled times;

(viii) assist in light household work reasonably incidental to the care of the Child;

(ix) accompany the Client and Child while travelling, including international travel where required, in which event the Client shall arrange food, accommodation, visa and all travel documentation; the fee during such trips shall be as set out in § 2; and the Nanny shall be entitled to reasonable free time, during which she/he may go out with the Client's permission;

(x) assist with homework and tutoring as required;

(xi) keep the play and living area of the Child clean;

(xii) transport the Child to and from activities such as dance classes, games and school, where agreed;

(xiii) put the Child to bed on time;

(xiv) attend to the laundry of the Child (and where agreed, the Client);

(xv) bathe and dress the Child;

(xvi) maintain a clean and safe environment;

(xvii) be punctual and, where reasonably necessary, stay late to address unforeseen issues;

(xviii) administer basic first aid whenever required;

(xix) make every reasonable effort to avoid loss or damage to the Child's personal belongings, though the Nanny shall not be liable for ordinary wear or unavoidable loss;

(xx) under no circumstances inflict any corporal punishment upon the Child, and instead employ methods such as redirection or time-out, in compliance with the Juvenile Justice (Care and Protection of Children) Act, 2015 and all child-welfare laws in force;

(xxi) not smoke or consume any alcohol, drugs or intoxicants while on duty;

(xxii) at all times act in a caring, compassionate and responsible manner towards the Child.

§ 6. GENERAL RESPONSIBILITIES OF THE CLIENT

6.1 The Client shall:

(i) make all payments on time as set out in § 2;

(ii) make all arrangements necessary to enable the Nanny to care for the Child smoothly and safely;

(iii) provide basic food and drinks to the Nanny;

(iv) provide basic amenities including access to the washroom and kitchen;

(v) where applicable, arrange a room and stay facility for the Nanny;

(vi) reimburse any reasonable costs incurred by the Nanny in rendering the Services, upon submission of valid proof.

§ 7. ILLNESS AND HEALTH DISCLOSURE

7.1 The Client shall promptly notify the Nanny in advance of any symptoms or signs of illness in the Child.

7.2 Where the Child displays any of the conditions below, the Client shall communicate the same in advance, and the Nanny may at her/his discretion decline to render the Services during such period of illness:

(i) fever; (ii) vomiting; (iii) skin rash or eruptions of unknown origin; (iv) persistent cough; (v) heavy nasal discharge; (vi) diarrhoea; (vii) conjunctivitis (pink eye); (viii) sore throat; (ix) upset stomach; (x) communicable diseases (e.g., chicken pox, measles, ringworm, scarlet fever, etc.).

7.3 The Nanny shall likewise promptly notify the Client in advance of any symptoms or signs of illness affecting the Nanny.

7.4 Where the Nanny displays any of the conditions below, the same shall be communicated to the Client in advance, and the Client may at her/his discretion decline to permit the rendering of the Services during such period of illness:

(i) fever; (ii) vomiting; (iii) skin rash or eruptions of unknown origin; (iv) persistent cough; (v) heavy nasal discharge; (vi) diarrhoea; (vii) conjunctivitis (pink eye); (viii) sore throat; (ix) upset stomach; (x) communicable diseases (e.g., chicken pox, measles, ringworm, scarlet fever, etc.).

§ 8. ABSENCE OF THE NANNY

8.1 Where the Nanny intends to take leave from the Services, she/he shall communicate the same to the Client with advance notice of ________ (________).

8.2 No fee shall be payable in respect of the days of leave availed by the Nanny.

§ 9. INDEMNIFICATION AND LIABILITY

9.1 The Client agrees to indemnify, defend and hold harmless the Nanny from and against any and all claims, liabilities, damages, losses, costs and expenses arising out of or in connection with the performance of the Services, except where such claims arise from the gross negligence or wilful misconduct of the Nanny.

9.2 The Nanny agrees to indemnify, defend and hold harmless the Client from and against any and all claims, liabilities, damages, losses, costs and expenses arising out of the Nanny's gross negligence, wilful misconduct or breach of this Agreement.

9.3 The Client shall ensure that adequate insurance coverage is in place for the Child and the premises where the Services are rendered.

9.4 This § 9 shall survive the termination or expiry of this Agreement.

§ 10. EMERGENCY CONTACT DETAILS

10.1 In the event of an emergency where the Client is unavailable, the Nanny or any concerned person may contact the following:

(i) Name: ________

(ii) Phone: ________

(iii) Email: ________

10.2 The Client shall immediately inform the Nanny of any change to the emergency contact details.

§ 11. TERM AND TERMINATION

11.1 This Agreement shall commence on ________ and shall continue until terminated in accordance with this § 11.

11.2 Either Party may terminate this Agreement by providing ________ (________) advance written notice to the other Party.

11.3 The Nanny may terminate this Agreement forthwith and without notice if:

(i) the Client fails to make payment for more than ________ (________) from the due date; or

(ii) the Client commits a material breach of this Agreement.

11.4 The Client may terminate this Agreement forthwith and without notice if:

(i) the Nanny commits a material breach of this Agreement;

(ii) the Nanny fails to comply with applicable laws and regulations; or

(iii) the Nanny is found smoking or using drugs or prohibited substances while on duty.

11.5 Upon termination, the Nanny shall not be entitled to any compensation save and except for Services duly rendered and fully performed prior to the effective date of termination.

§ 12. FORCE MAJEURE

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§ 13. CONFIDENTIALITY AND DATA PROTECTION

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13.2 The Parties shall handle all personal data, including the personal data of the Child as a minor data principal, in accordance with the Digital Personal Data Protection Act, 2023, and shall process such data only for the purposes of this Agreement, with appropriate safeguards and the verifiable consent of the lawful guardian where required.

13.3 The obligations under this § 13 are in addition to any obligations under Central or State law, shall remain in force indefinitely and shall survive the termination or expiry of this Agreement.

§ 14. INDEPENDENT CONTRACTOR

14.1 The Parties are independent contracting parties. Nothing in this Agreement shall be construed to create any relationship of employer and employee, master and servant, partnership, agency or joint venture between them, the relationship being solely that of an independent contractor engaged for services.

§ 15. NOTICES

15.1 All notices under this Agreement shall be in writing and delivered by hand, registered post, courier or electronic mail to the addresses of the Parties first set out above, or to such other address as a Party may notify in writing.

§ 16. DISPUTE RESOLUTION

16.1 The Parties shall first endeavour to amicably resolve any dispute, controversy or claim arising out of or in connection with this Agreement through mutual discussion.

16.2 Failing amicable resolution within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________, and the language of arbitration shall be English. The award shall be final and binding on the Parties.

§ 17. GOVERNING LAW AND JURISDICTION

17.1 This Agreement shall be governed by and construed in accordance with the laws of India.

17.2 Subject to § 16, the courts at ________ shall have exclusive jurisdiction over all matters arising out of or in connection with this Agreement.

§ 18. GENERAL PROVISIONS

18.1 Entire Agreement: This Agreement constitutes the entire understanding between the Parties and supersedes all prior oral or written understandings relating to its subject matter.

18.2 Amendment: No amendment shall be effective unless made in writing and signed by both Parties.

18.3 Severability: If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.4 Waiver: No failure or delay by a Party in exercising any right shall operate as a waiver thereof.

18.5 Assignment: Neither Party shall assign its rights or obligations under this Agreement without the prior written consent of the other Party.

18.6 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have set their hands to this Agreement on the day, month and year first hereinabove written.

SIGNED AND DELIVERED by the within named NANNY

_______________________

Signature

Name: ________

Dated: ________

SIGNED AND DELIVERED by the within named CLIENT

_______________________

Signature

Name: ________ (Parent / Lawful Guardian)

Dated: ________

WITNESSES:

1. Name: ________, Address: ________, Signature: _______________________

2. Name: ________, Address: ________, Signature: _______________________