Childcare Agreement - Template, Sample Form to Complete
✓ Valid in India
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CHILDCARE AGREEMENT
This Childcare Agreement ("Agreement") is signed on ________ at Andaman and Nicobar Islands.
________ with permanent address at: ________, the Parent of the Child, hereinafter referred to as "Client" which expression shall unless excluded by or repugnant to the subject or context be deemed to include its legal heirs, administrators and permitted assigns
AND
________ (Individual) with the following correspondence address: ________, hereinafter referred to as "Provider" which expression shall unless excluded by or repugnant to the subject or context be deemed to include its legal heirs, administrators and permitted assigns,
WHEREAS Client desires to engage the Provider to perform the services herein described; and
WHEREAS Provider is willing to be engaged by the Client and possesses the skill necessary to perform the services herein described.
NOW, THEREFORE in consideration of the following terms, conditions and promises of the Parties, Client and Provider covenant and agrees as follows:
1. DETAILS OF CHILD
________, gender of the Child: Male, aged: ________ years, born on: ________, at the following place: ________.
2. ENROLLMENT
a. Child entering the program will be given ________ (________) working of trial period ("Trial Period"). During the Trial Period, either party may terminate this agreement without any notice or penalty. At the end of the Trial Period, the Client and Provider will have an offline or online meeting to discuss the continuity of the service.
3. FEE AND PAYMENT
a. The fee for the childcare is Rs ________ (________) per hour.
b. The Provider will invoice the Client in the following interval: ________. The payment shall be made within ________ (________) business from the date of receipt of the invoice by the Client.
c. The payment shall be made in the following manner: Bank transfer.
d. The aforementioned fee amount includes any and all taxes required by state and local laws.
e. If the Client intends to take their Child on vacation or otherwise does not require the services for more than one working day, then they must notify the Provider with an advance notice of ________ (________). Failure to which the Client shall be liable to make the payment for such days.
4. LOCATION
a. The childcare service will be provided at the childcare facility.
b. The Childcare services will be provided at the following location:
________
5. SUPPLIES
a. The Client shall provide the following to the Provider:
I. Additional clothes.
II. Formula/Breast Milk.
III. Diaper and Wipes.
IV. Medicines in the original container.
6. TIMING
a. The timing for the service is as follows:
________
b. Schedule drop off at ________ and pick up at ________.
c. The childcare service will not be provided on public holidays in India and Andaman and Nicobar Islands (paid holidays).
d. If the Client wants to make any changes to the Schedule, the same shall be intimated to the Provider in writing, and the subject to availability, the Provider may accept the changes in schedule.
7. MEALS
a. The following meals will be provided to the Child:
I. Breakfast.
II. Morning Snack.
III. Lunch.
IV. Evening Snack.
V. Dinner.
8. GENERAL RESPONSIBLITIES OF PROVIDER
a. General duty of care when watching the Child.
b. Taking care of basic needs for the Child including hygiene, naps, food, and drinks.
c. Prepare and supervise activities with the Child including games, walks, reading, and outdoor activities.
d. Conduct activities that have educational and development value for the Child.
e. Due to any reason if the childcare facility cannot function on certain days, the Provider shall notify the Client with reasonable notice.
f. Provider shall not use any corporal punishment. Instead, the Provider shall use methods like redirection and/or a time-out.
g. The Provider will make every reasonable effort to avoid loss or damages to the Child's personal belongings however the Provider will not be responsible for any loss or damage to such items.
9. GENERAL RESPONSIBLITIES OF CLIENT
a. The Child shall be dressed properly and in practical inexpensive items of clothing.
b. Be punctual in dropping and collecting the Child.
c. Make the payments on time.
d. Adhre to the instructions given by the Provider from time to time in writing.
e. Whenver possible collect the Child in person or only send the pre-authorized person with valid id card and password.
10. SECURITY
a. The Client shall keep the Provider informed of the identity of the people who will be collecting the Child from the facility.
b. If the person collecting your Child is not usually responsible for collecting the Child, the Provider may require the copy of govt. issued id and a password.
c. If the Provider is not reasonably satisfied with the new person collecting the Child, the Provider may refuse to release the Child with such person.
11. ILLNESS
a. The Client shall always notify the Provider of any symptoms or signs on Child in advance. This is required to protect other Children in the facility from getting ill.
b. If the Child display any symptoms or conditions below, they should be kept in the home or shall be picked up from the facility at the earliest if such conditions become apparent:
I. Fever
II. Vomiting
III. Skin rash or eruptions of any unknown origin
IV. Persistent cough
V. Heavy nasal discharge
VI. Diarrhea
VII. Pink Eye
VIII. Sore Throat
IX. Upset Stomach
X. Communicable disease (e.g. chicken pox, measles, ringworm scarlet fever, etc.).
c. A child may also be sent home when the caretaker believes, in their judgement, that the child's conditions pose a threat to the health and safety of the child and other children or staff in the facility. Any additional costs incurred by the Provider shall be reimbursed by the Client.
d. The Client will be notified of any contagious illness or diseases that their Child may have been exposed to at the facility.
12. PHOTOS AND VIDEOS
a. The Provider may photograph and video the Child at the facility and publish it on its own premises, website, or other social media sites for promotional purposes.
b. If the Client do not wish for their Child to be recorded or photographed, the same shall be informed to Provider in writing.
13. DAMAGES
a. If there is any damage caused to the property or equipment of the childcare facility, the Client shall compensate such losses to the Provider. This does not apply to normal wear and tear on toys or other equipment in the facility.
b. Upon submission of valid proof, the Client shall make the payment within 7 (seven) days from the date of invoice.
14. CLOSURE
a. If the Facility is closed for a certain period, the Provider will issue advance written notice of ________ (________) to the Client.
b. No fee shall be levied during the closure period.
15. MEDICAL CARE
a. The Client gives the following medical consent to the Provider:
I. Do routine medical care and treatment.
II. Administer medications to the Child as prescribed and required.
III. Provide over the counter medications as prudent and necessary.
IV. Emergency medical care and treatment.
V. Hospitalization.
VI. Consent to the surgery.
VII. Dental care and treatment.
VIII. Provide permission to anesthesia and surgical procedures.
b. The Provider may have access to any and all records, including, but not limited to insurance records regarding any medical services or treatment provided.
c. The Child has the following special conditions/allergies:
________
d. The Child is taking the following medications:
________
e. The details of the last Tetanus injection/Booster shot was taken on:
________
f. In case of normal check-up and consultation, the Provider may prefer the following physician:
________
g. The following are the insurance details of the Child:
I. Name of insurance company: ________
II. Policy No: ________
III. Name of policy holder: ________
16. CONTACT DETAILS OF PARENT
The Parent can be contacted at the following contact details:
I. Name: ________ (Parent)
II. Address: ________
III. Phone no: ________
IV. Email: ________
17. EMERGENCY CONTACT DETAILS
a. In case of emergency, if the Parent is not available the Provider or concerned person can contact the following emergency contact:
I. Name: ________
II. Phone: ________
III. Email: ________
b. The Client shall immediately inform the Provider of any changes to the emergency contact details.
18. TERM AND TERMINATION
a. This Agreement will commence from ________.
b. The service will be provided unless either Party terminates this Agreement in accordance with this Agreement.
c. Either Party may terminate this Agreement by providing ________ (________) of advance notice to the other Party.
d. The Provider may terminate this Agreement without notice if:
I. the Client fails to make the payment for more than ________ (________) from the due date.
II. the Client or authorized personnel display inappropriate, abusive or threatening behavior towards our staff or other children.
III. Persistently late in dropping and collecting the Child from the facility.
IV. the Client fails to comply with this Agreement.
V. the Client fails to comply with applicable laws and regulations.
e. The Client may terminate this Agreement without notice if:
I. Provider fails to comply with this Agreement;
II. Providers fail to comply with applicable laws and regulations;
f. Upon termination of this Agreement, Provider shall no longer be entitled to compensation under this Agreement, except the payment for the services rendered and fully performed as per this Agreement prior to termination of this Agreement.
19. LIMITATION OF LIABILITY
a. The Provider shall take all reasonable care of the Child while the Child is in the care of the Provider. However, the Provider shall not be liable for any injury, loss, or damage suffered by the Child except where such injury, loss, or damage is caused directly by the gross negligence or wilful misconduct of the Provider.
b. In no event shall the Provider be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement. The total liability of the Provider, if any, shall not exceed the total fee paid by the Client under this Agreement.
20. LEGAL COMPLIANCE
a. If there is any court/authority order regarding the Children under care, the same shall be informed to the Provider in writing along with the copy of such an order.
b. The Provider shall ensure the safety of the building such as emergency exits, cleanliness, and repairs.
21. COFIDENTIAL INFORMATION
b. The Provider may also come into contact with medical, financial, personal, and employment information of the Client or Children, which is not otherwise publicly known.
d. The clause shall last indefinitely and shall survive the termination of the Agreement.
22. INDEPENDENT CONTRACTOR
The Parties to this Agreement are independent Parties and do not create any employment relationship, partnership, joint venture, or any other relationship other than that of independent contractor.
23. NOTICES
Any notice or other information/document required or authorized by this Agreement shall be given in writing to the address provided under this Agreement, in English, and by:
I. Delivering it by hand (a written acknowledgement in receipt thereof shall be sufficient evidence that the notice or other information has been duly given); or
II. Sending it by nationally recognized courier.
24. SEVERABILITY
If at any time, any provision of this Agreement shall become or be held illegal, invalid, or unenforceable in any respect under any law, then the legality, validity, or enforceability of the remaining provisions shall not in any way be thereby affected or impaired.
25. WAIVER
No failure on the part of either Party to exercise, and no delay on the part of either Party in exercising any right hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or future exercise thereof or the exercise of any other right. The remedies herein are cumulative and not exclusive of any remedies provided by law.
26. DISPUTE RESOLUTION
a. Except as otherwise specifically provided in this Agreement, the following provisions apply if any dispute and difference arise between the Parties, arising out of or in relation to/connection with this Agreement ("Dispute").
b. The dispute will be deemed to arise when one Party serves on the other Party a notice stating the nature of the Dispute ("Notice of Dispute").
c. The Parties hereto agree that upon serving a Notice of Dispute, they will use all reasonable efforts to resolve the Dispute between themselves through negotiations.
d. Subject to the foregoing, the courts in ________ shall have exclusive jurisdiction over any dispute, differences or claims arising out of this Lease Deed.
e. GOVERNING LAW
This Deed shall be governed by the laws of India.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement:
_______________
Signature
________
Dated:
_______________
Signature
________
(Parent)
Dated:
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