Childcare Agreement - Template, Sample Form to Complete Pro · IN-law
✓ Valid in India · drafted to comply with local law
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CHILDCARE SERVICES AGREEMENT
This Childcare Services Agreement ("Agreement") is made and executed on ________ at ________.
BY AND BETWEEN
________, son/daughter/wife of ________, aged ________ years, bearing Aadhaar/PAN No. ________, residing at ________, being the parent and natural/legal 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 and permitted assigns) of the ONE PART;
AND
________ (________), bearing PAN/registration No. ________ and GSTIN (if applicable) ________, having its principal place of business/correspondence address at ________, hereinafter referred to as the "Provider" (which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its successors, legal heirs, administrators and permitted assigns) of the OTHER PART.
The Client and the Provider are hereinafter individually referred to as a "Party" and collectively as the "Parties".
WHEREAS the Client desires to engage the Provider to render childcare services in respect of the Child described herein; and
WHEREAS the Provider represents that it possesses the requisite skill, experience, qualifications and lawful authorisation to render such services and is willing to be so engaged;
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and promises set out herein, and intending to be legally bound, the Parties hereby agree as follows under the Indian Contract Act, 1872 and other applicable laws:
§ 1. DETAILS OF THE CHILD
1.1 Name of the Child: ________; gender: ________; aged: ________ years; date of birth: ________; place of birth: ________ (the "Child").
1.2 The Client represents and warrants that he/she is the lawful parent and/or guardian of the Child and is duly authorised to execute this Agreement and to grant the consents contained herein, including consents in the best interest and welfare of the Child consistent with the Juvenile Justice (Care and Protection of Children) Act, 2015.
§ 2. ENROLMENT AND TRIAL PERIOD
2.1 The Child entering the programme shall be given a trial period of ________ (________) working days (the "Trial Period"). During the Trial Period, either Party may terminate this Agreement without notice or penalty.
2.2 At the conclusion of the Trial Period, the Parties shall meet (in person or online) to assess and confirm the continuation of the services.
§ 3. FEE AND PAYMENT
3.1 The fee for the childcare service shall be Rs. ________ (________) ________.
3.2 The Provider shall raise invoices upon the Client at the following intervals: ________. Payment shall be made within ________ (________) business days from the date of receipt of the invoice.
3.3 Payment shall be made in the following manner: ________ to the account particulars: ________.
3.4 The fee is exclusive/inclusive of all applicable taxes, including Goods and Services Tax under the Central Goods and Services Tax Act, 2017, as may be specified: ________. All statutory deductions, including tax deducted at source under the Income-tax Act, 1961, shall be borne and complied with by the respective Party as required by law.
3.5 If the Client intends to take the Child on vacation or otherwise does not require the services for more than one working day, the Client shall give advance notice of ________ (________), failing which the Client shall remain liable to pay the fee for such days.
3.6 Any sum not paid by the due date shall, without prejudice to any other remedy, carry simple interest at the rate of ________% per annum from the due date until realisation.
§ 4. LOCATION
4.1 The childcare service shall be provided ________.
4.2 The service shall be provided at the following location:
________
§ 5. SUPPLIES
5.1 The Client shall provide the following to the Provider, in good condition and adequate quantity:
(i) Additional clothes;
(ii) Formula/breast milk;
(iii) Diapers and wipes;
(iv) Medicines in their original containers, with prescriptions where applicable.
§ 6. TIMING
6.1 The timing for the service shall be:
________
6.2 Drop-off shall be scheduled at ________ and pick-up at ________.
6.3 The service shall not be provided on national, state and local public holidays applicable at ________ (paid holidays).
6.4 Any change to the schedule requested by the Client shall be intimated to the Provider in writing and shall be subject to availability and the Provider's acceptance.
§ 7. MEALS
7.1 The following meals shall be provided to the Child as scheduled:
(i) Breakfast; (ii) Morning snack; (iii) Lunch; (iv) Evening snack; (v) Dinner.
§ 8. GENERAL RESPONSIBILITIES OF THE PROVIDER
8.1 To exercise reasonable care and diligence in supervising the Child at all times.
8.2 To attend to the basic needs of the Child, including hygiene, naps, food and drink.
8.3 To prepare and supervise age-appropriate activities, including games, walks, reading and outdoor activities.
8.4 To conduct activities having educational and developmental value for the Child.
8.5 To notify the Client with reasonable notice if the facility cannot function on any day.
8.6 The Provider shall not employ corporal punishment of any kind, in compliance with the prohibition under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 17 of the Right of Children to Free and Compulsory Education Act, 2009, and shall use only positive methods such as redirection or time-out.
8.7 The Provider shall make every reasonable effort to avoid loss or damage to the Child's personal belongings but shall not be responsible for ordinary loss or damage to such items.
§ 9. GENERAL RESPONSIBILITIES OF THE CLIENT
9.1 To ensure the Child is dressed properly in practical and inexpensive clothing.
9.2 To be punctual in dropping off and collecting the Child.
9.3 To make all payments on time.
9.4 To adhere to the written instructions given by the Provider from time to time.
9.5 To collect the Child in person or, failing which, to send only a pre-authorised person bearing a valid identity card and the agreed password.
§ 10. SECURITY
10.1 The Client shall keep the Provider informed of the identity of persons authorised to collect the Child.
10.2 Where the person collecting the Child is not the usual authorised person, the Provider may require a copy of a Government-issued identity document and the agreed password.
10.3 If the Provider is not reasonably satisfied as to the identity or authorisation of such person, the Provider may refuse to release the Child.
§ 11. ILLNESS
11.1 The Client shall promptly notify the Provider of any symptoms or signs of illness in the Child, to protect the health of other children at the facility.
11.2 If the Child displays any of the following conditions, the Child shall be kept at home or collected from the facility at the earliest:
(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) Any communicable disease (e.g. chicken pox, measles, ringworm, scarlet fever).
11.3 The Provider may, in its reasonable judgement, send the Child home where the Child's condition poses a threat to the health and safety of the Child, other children or staff. Reasonable additional costs so incurred by the Provider shall be reimbursed by the Client.
11.4 The Client shall be notified of any contagious illness or disease to which the Child may have been exposed at the facility.
§ 12. PHOTOGRAPHS AND VIDEOS
12.1 Subject to the Client's prior written consent, the Provider may photograph or record the Child at the facility and use such material on its premises, website or social media for promotional purposes. Such consent constitutes consent of the lawful guardian for the purposes of the Digital Personal Data Protection Act, 2023.
12.2 The Client may withhold or withdraw such consent at any time by written notice to the Provider.
§ 13. DAMAGES
13.1 Any damage caused to the property or equipment of the facility by the Child or the Client (other than normal wear and tear) shall be compensated by the Client.
13.2 Upon submission of valid proof, the Client shall make payment within 7 (seven) days from the date of invoice.
§ 14. CLOSURE
14.1 If the facility is to be closed for any period, the Provider shall issue advance written notice of ________ (________) to the Client.
14.2 No fee shall be levied for the closure period.
§ 15. MEDICAL CARE
15.1 The Client, as lawful guardian, grants the following medical consent to the Provider for the welfare of the Child:
15.2 The Provider may access medical and insurance records relating to any medical services or treatment provided to the Child, solely for the purpose of such care.
15.3 The Child has the following special conditions/allergies:
________
15.4 The Child is taking the following medications:
________
15.5 Date of last tetanus injection/booster shot:
________
15.6 Preferred physician for routine check-up and consultation:
________, contact: ________
15.7 Insurance details of the Child:
(i) Name of insurance company: ________
(ii) Policy No.: ________
(iii) Name of policy holder: ________
§ 16. CONTACT DETAILS OF THE PARENT
The Parent may be contacted at:
(i) Name: ________ (Parent)
(ii) Address: ________
(iii) Phone No.: ________
(iv) Email: ________
§ 17. EMERGENCY CONTACT DETAILS
17.1 In case of emergency where the Parent is unavailable, the following person may be contacted:
(i) Name: ________
(ii) Phone: ________
(iii) Email: ________
17.2 The Client shall immediately inform the Provider of any change to the emergency contact details.
§ 18. TERM AND TERMINATION
18.1 This Agreement shall commence on ________ and shall continue until terminated in accordance with this Agreement.
18.2 Either Party may terminate this Agreement by giving ________ (________) advance written notice to the other Party.
18.3 The Provider may terminate this Agreement forthwith without notice if:
(i) the Client fails to make payment for more than ________ (________) days from the due date;
(ii) the Client or any authorised person displays inappropriate, abusive or threatening behaviour towards the Provider's staff or other children;
(iii) the Client is persistently late in dropping off or collecting the Child;
(iv) the Client breaches this Agreement; or
(v) the Client fails to comply with applicable laws and regulations.
18.4 The Client may terminate this Agreement forthwith without notice if:
(i) the Provider breaches this Agreement; or
(ii) the Provider fails to comply with applicable laws and regulations.
18.5 Upon termination, the Provider shall not be entitled to any further compensation save for the fee for services duly rendered and performed up to the date of termination.
§ 19. LIMITATION OF LIABILITY
19.1 The Provider shall take all reasonable care of the Child while in its care. The Provider shall not be liable for any injury, loss or damage suffered by the Child except where directly caused by the gross negligence or wilful misconduct of the Provider or its staff.
19.2 In no event shall the Provider be liable for any indirect, incidental, special or consequential damages. The aggregate liability of the Provider under this Agreement shall not exceed the total fee paid by the Client hereunder. Nothing in this clause shall exclude or limit liability which cannot be excluded or limited under applicable law.
§ 20. LEGAL COMPLIANCE
20.1 The Client shall inform the Provider in writing of any order of a court or competent authority relating to the custody, care or protection of the Child, along with a copy thereof.
20.2 The Provider shall ensure the safety and hygiene of the premises, including emergency exits, cleanliness and necessary repairs, and shall comply with applicable laws governing childcare facilities.
§ 21. CONFIDENTIALITY AND DATA PROTECTION
21.2 The Provider shall process any personal data of the Client and the Child in accordance with the Digital Personal Data Protection Act, 2023, solely for the purposes of this Agreement, and shall implement reasonable security safeguards against unauthorised access, use or disclosure.
21.3 All Confidential Information shall remain the exclusive property of the disclosing Party and shall not be disclosed to any third party without prior written consent, save as required by law.
21.4 The obligations under this clause shall survive the termination or expiry of this Agreement.
§ 22. INDEPENDENT CONTRACTOR
The Parties are independent contractors. Nothing in this Agreement shall create any employment relationship, partnership, agency or joint venture between the Parties.
§ 23. NOTICES
Any notice or document required under this Agreement shall be in writing in the English language, addressed to the addresses provided herein, and delivered by:
(i) hand delivery (a written acknowledgement of receipt being sufficient evidence of service); or
(ii) a nationally recognised courier; or
(iii) electronic mail to the email addresses recorded herein.
§ 24. SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid or unenforceable under any law, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired thereby.
§ 25. WAIVER
No failure or delay by either Party in exercising any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of such or any other right. The remedies herein are cumulative and not exclusive of any remedies provided by law.
§ 26. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, epidemic, pandemic, governmental order, fire, flood or civil disturbance, provided the affected Party promptly notifies the other and uses reasonable efforts to mitigate the effect.
§ 27. DISPUTE RESOLUTION
27.1 Save as otherwise provided herein, the following shall apply to any dispute, difference or claim arising out of or in connection with this Agreement ("Dispute").
27.2 A Dispute shall be deemed to arise when one Party serves on the other a written notice setting out the nature of the Dispute ("Notice of Dispute").
27.3 Upon service of a Notice of Dispute, the Parties shall use all reasonable efforts to resolve the Dispute amicably through negotiation within 30 (thirty) days.
27.4 Failing amicable resolution, the Dispute shall be referred to and finally resolved by arbitration by a sole arbitrator, to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________ and the proceedings shall be conducted in the English language. The award shall be final and binding on the Parties.
27.5 Subject to the foregoing, the courts at ________ shall have exclusive jurisdiction over any matter arising out of or in connection with this Agreement.
§ 28. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of India.
§ 29. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties relating to its subject matter and supersedes all prior agreements, representations and understandings, whether oral or written. Any amendment shall be valid only if made in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day, month and year first hereinabove written.
_______________
Signature (Provider)
________
Dated: ________
Place: ________
_______________
Signature (Client/Parent)
________ (Parent)
Dated: ________
Place: ________
WITNESSES:
1. Name: ________, Address: ________, Signature: _______________
2. Name: ________, Address: ________, Signature: _______________
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