Childminding Agreement - Template, Sample Form Online Pro · UK-law

CHILDMINDING SERVICES OF: ________

TERMS AND CONDITIONS

Please find below my terms and conditions for the provision of childminding services. Please read these terms and conditions carefully before the childminding services commence. If you have any questions about this document, please let me know.

Please keep a copy of this document safe for future reference.

I am ________ and I will be providing the Services under this Agreement.

MY CONTACT DETAILS

If you have any questions or need to communicate with me about this Agreement, I can be contacted as follows:

Ofsted Unique Reference Number (URN): ________

Trading address:

________

Telephone: ________

Email: ________

(1). TERMINOLOGY AND BASIS OF THE AGREEMENT

(1.1). These terms and conditions, together with the attached schedules and forms, constitute a contractual agreement and are referred to in this document as the “Agreement”.

(1.2). I (________) am the first party to this Agreement. I will refer to myself as ‘I’, ‘me’ or ‘my’ throughout the Agreement.

(1.3). You are the other party to the Agreement. Reference to ‘you’ or ‘your’ will therefore mean any parent or guardian with parental responsibility who is purchasing the Services.

(1.4). The word ‘Children’ (or ‘Child’) means any child or children specified by you in the Parent/Guardian Information Form who will be the subject of the Services.

(1.5). The “Services” means the childminding services provided by me in accordance with this Agreement (as defined in Section 2).

(1.6). This Agreement is a contract for services and not a contract of employment. I provide the Services as a self-employed, registered childminder.

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(2). THE SERVICES

(2.1). The Services which I will perform in accordance with this Agreement will include:

(a). supervising and caring for the Children;

(b). providing appropriate meals and other food to the Children as required and in compliance with any special requirements specified by you on the Parent/Guardian Information Form;

(c). transporting the Children to school, nursery and other clubs as required;

(d). transporting the Children to any extra-curricular activities or social activities as required; and

(e). taking the Children on excursions in the local community such as parks, play areas and educational locations.

(2.2). The Services shall ordinarily (save for the circumstances listed above) be provided at my address:

________

(2.3). Pick-up and drop-off of the Children will ordinarily take place at my address unless we expressly agree in writing otherwise.

(2.4). I will at all times deliver the Services in accordance with the safeguarding and welfare requirements of the Early Years Foundation Stage and my safeguarding and child protection policies.

(3). PROVISION OF THE SERVICES

(3.1). You must provide me with the following documents before I can provide the Services to you:

(a). a completed copy of the Parent/Guardian Information Form (attached); and

(b). a signed and completed copy of the Consent Form (attached).

(3.2). I will perform the Services for you on the dates and times agreed between us, in accordance with my available working times which are generally:

________

(3.3). You will specify on the Parent/Guardian Information Form which times and dates you wish to instruct me to carry out the Services in accordance with the above times.

(3.4). I will then provide you with written confirmation should those dates and times be accepted. I may contact you to say that I cannot accept your request, for example where I do not have availability.

(3.5). Once you receive my written acceptance, the Agreement will commence and be in force (the “Start Day”).

(3.6). Where you are a consumer, I may only commence the provision of the Services after any applicable Cancellation Period has elapsed, save in the circumstances outlined in Section 4 below.

(3.7). You may have selected an end date for the Services on the Parent/Guardian Information Form. Alternatively, where you have instructed me to carry out the Services on a long-term basis, the Agreement may be terminated in accordance with Section 9 below.

(3.8). If you would like to change your chosen days and times, you should provide me with a minimum of ________ calendar days’ notice. If you do not provide the correct notice you must pay for the Services that were booked.

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(4). YOUR RIGHT TO CANCEL (COOLING-OFF)

(4.1). Where you enter into this Agreement as a consumer and at a distance or off my business premises, you have the right to cancel this Agreement within 14 calendar days of the Start Day without giving any reason (the “Cancellation Period”), in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(4.2). The Cancellation Period will expire 14 calendar days from the Start Day.

(4.3). I will not provide any of the Services during the Cancellation Period unless you explicitly request in writing that I do so. If you do request that I perform the Services during the Cancellation Period, you will lose the right to cancel once the Services are fully performed, and you must pay for any Services supplied up to the point of cancellation.

(4.4). To exercise the right to cancel, you must inform me of your decision to cancel by a clear statement (for example a letter sent by post or an email). You may use the attached example Cancellation Form but it is not obligatory.

(4.5). To meet the cancellation deadline it is sufficient for you to send your communication exercising the right to cancel before the Cancellation Period has expired.

(4.6). If you cancel this Agreement during the Cancellation Period, I will reimburse you for any payments received from you, subject to clause (4.3).

(4.7). I will make the reimbursement without undue delay and not later than 14 calendar days after the day on which you informed me of your decision to cancel.

(4.8). I will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

(5). REGULATION AND QUALIFICATIONS

(5.1). I am registered as a childcare provider with Ofsted under the Childcare Act 2006. A copy of my Ofsted Registration Certificate is attached to this Agreement.

(5.2). I hold a current enhanced Disclosure and Barring Service (DBS) certificate. A copy of my DBS Certificate is attached to this Agreement.

(5.3). I hold a current paediatric first aid qualification and the further qualifications and training listed in the Cost Information Sheet or available on request.

(6). STANDARD OF THE SERVICES

(6.1). I will conduct the Services on the days and at the times we have agreed.

(6.2). In accordance with the Consumer Rights Act 2015, I will perform the Services with reasonable care and skill.

(6.3). I will ensure that the Services are conducted in accordance with the requirements applicable to a registered childminder, including the safeguarding and welfare requirements of the Early Years Foundation Stage.

(6.4). If you are dissatisfied with the Services in any way, please do not hesitate to discuss this with me using the contact details listed above. My Complaints Policy is attached.

(6.5). If we do not manage to resolve matters informally, you may raise a complaint with Ofsted.

(7). YOUR RESPONSIBILITIES AND CONSENT

(7.1). You must complete the Parent/Guardian Information Form accurately with all relevant information.

(7.2). You must complete the Consent Form accurately with all relevant information.

(7.3). You must drop the Children off at the agreed start time for each childminding session.

(7.4). You must collect the Children at the agreed collection time at the conclusion of each childminding session.

(7.5). You must drop the Children off with all suitable clothing, equipment and items they will require during each childminding session.

(7.6). You must ensure that any medication, lotions, creams and food provided to me are properly labelled with the correct name and with any relevant instructions.

(7.7). You must inform me promptly of any change to the information provided in the Parent/Guardian Information Form, including any change to medical, dietary, contact or parental responsibility details.

(7.8). In signing this Agreement you consent to the nature of the Services as described in this Agreement and to all of the other terms and conditions.

(8). COSTS AND PAYMENT

(8.1). The costs for the provision of the Services are set out in the attached Cost Information Sheet.

(8.2). I am not VAT registered.

(8.3). Payment for the Services should be made ________.

(8.4). Payments must be made ________.

(8.5). I will issue an invoice to you requesting payment in accordance with the above schedule. Once you receive the invoice the amount will be due and payable. The invoice will be provided to you: ________

(8.6). You may make payment to me via the following payment methods: ________.

(8.7). In the event that any payment becomes overdue by more than 5 calendar days, I may suspend or cancel your future bookings for the Services.

(8.8). A retainer fee may apply to reserve a place. The amount of any retainer and the deposit (if any) is set out in the Cost Information Sheet: ________.

(8.9). I may increase my costs from time to time on no less than ________ calendar days’ written notice. Increases will apply to bookings falling due after the relevant increase takes effect.

(8.10). There may be times that I request additional sums from you to cover expenses incurred by me for activities I undertake with the Children. This money should be provided to me at the drop-off of the Children on the relevant day. I will keep a record of all such sums.

(9). TERMINATION

(9.1). If you would like to terminate this Agreement after the Cancellation Period (or from the Start Day where no Cancellation Period applies), either of us may terminate the Agreement at any time by providing ________ calendar days’ written notice to the other.

(9.2). If you have made an advance payment for Services to be provided after the effective date of termination, I will reimburse you for those Services not yet provided.

(9.3). If there are any outstanding costs for Services I have provided prior to termination, you must pay those costs.

(9.4). Either party may terminate this Agreement with immediate effect by written notice where the other party commits a serious or persistent breach of this Agreement, or where I reasonably consider that the welfare or safety of the Children or my household cannot be safeguarded.

(10). YOUR PERSONAL INFORMATION

(10.1). In order to provide the Services I will need to process your personal information, the personal information of any other emergency contacts, and the personal information of the Children, some of which constitutes special category data.

(10.2). I will only process personal information in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018, and in accordance with my privacy and data protection policies which are attached under the heading Data Protection Information.

(10.3). I am registered with the Information Commissioner’s Office where required to do so. My data protection registration reference (where applicable) is: ________.

(11). LIABILITY AND INSURANCE

(11.1). I hold a public liability insurance policy. I can provide you with details of this on request. My insurer is ________.

(11.2). I will compensate you and/or the Children for any foreseeable loss or damage caused by my failure to perform the Services with reasonable care and skill or to comply with my legal obligations as a registered childminder.

(11.3). I will not be liable for any loss or damage which was not reasonably foreseeable, or which was caused by your fault, the fault of the Children, or the fault of any third party for whom I am not responsible.

(11.4). Nothing in this Agreement excludes or limits my liability for death or personal injury caused by my negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.

(12). GOVERNING LAW AND JURISDICTION

(12.1). This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the law of England and Wales.

(12.2). We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter.

(13). GENERAL

(13.1). This Agreement (together with the attached schedules and forms) constitutes the entire agreement between us and supersedes any previous agreement or understanding between us relating to its subject matter.

(13.2). If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

(13.3). No failure or delay by either of us in exercising any right under this Agreement shall operate as a waiver of that right.

(13.4). No variation of this Agreement shall be effective unless agreed between us in writing.

(13.5). A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

(13.6). Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other.

(14). SIGNATURES

(14.1). My signature

SIGNED:

__________________________________

NAME:

________

DATED:

________

(14.2). Your signature

SIGNED:

__________________________________

NAME (PRINT):

________

DATED:

________

PARENT/GUARDIAN INFORMATION FORM

THE CHILDREN

FULL NAME AND DATE OF BIRTH FOR EACH CHILD:

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

RELEVANT MEDICAL INFORMATION FOR EACH CHILD:

(including health conditions, medications and allergies)

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

RELEVANT DIETARY REQUIREMENTS FOR EACH CHILD:

(including allergies, dietary restrictions and any feeding schedules etc.)

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

PARENTAL RESPONSIBILITY – PERSON 1

YOUR FULL NAME:

___________________________________________________

YOUR FULL ADDRESS:

___________________________________________________

___________________________________________________

___________________________________________________

YOUR CONTACT NUMBER:

___________________________________________________

YOUR EMAIL ADDRESS:

___________________________________________________

YOUR RELATIONSHIP TO THE CHILD/REN:

___________________________________________________

PARENTAL RESPONSIBILITY – PERSON 2

FULL NAME:

___________________________________________________

FULL ADDRESS:

___________________________________________________

___________________________________________________

___________________________________________________

CONTACT NUMBER:

___________________________________________________

EMAIL ADDRESS:

___________________________________________________

RELATIONSHIP TO THE CHILD/REN:

___________________________________________________

EMERGENCY CONTACT

ALTERNATIVE EMERGENCY CONTACT NAME:

___________________________________________________

ALTERNATIVE EMERGENCY CONTACT NUMBER:

___________________________________________________

THEIR RELATIONSHIP TO THE CHILD/REN:

___________________________________________________

NAMES OF ANY OTHER PEOPLE WHO MAY COLLECT THE CHILD/REN:

___________________________________________________

___________________________________________________

___________________________________________________

NAME AND CONTACT DETAILS OF THE CHILD/REN’S GP:

___________________________________________________

THE SERVICES

DESIRED START DATE FOR THE SERVICES:

___________________________________________________

BASIS ON WHICH THE SERVICES ARE REQUIRED:

(Please state whether you require the Services on a long-term basis or for a specific time period)

___________________________________________________

___________________________________________________

___________________________________________________

DAYS AND TIMES THAT YOU WILL REQUIRE THE SERVICES:

DAY	DROP-OFF TIME	PICK-UP TIME
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY

CONSENT FORM

I ________________________ (PERSON 1 WITH PARENTAL RESPONSIBILITY) of ____________________________ (ADDRESS)

AND

I ________________________ (PERSON 2 WITH PARENTAL RESPONSIBILITY) of ____________________________ (ADDRESS)

give my/our consent in respect of:

CHILD/REN NAME/S AND DOB:

______________________________________

______________________________________

______________________________________

(a). to receive any medical or dental treatment which is necessary in an emergency whilst they are in the care of ________. This consent only applies and may only be used in circumstances where neither person with parental responsibility (as listed above) can be contacted.

(b). for ________ to administer to the Child/ren any medication which has been provided by me/us in accordance with my/our written instructions.

(c). for ________ to apply to the Child/ren any creams (such as sunscreens and other topical lotions) which have been provided by me/us.

(d). for ________ to transport the Child/ren in a suitably insured vehicle with appropriate car seats and restraints.

(e). for ________ to take the Child/ren on outings and excursions in the local community.

(f). to the processing of the Child/ren’s personal data, including health and special category data, in accordance with the Data Protection Information attached.

SIGNED:

PERSON 1 WITH PARENTAL RESPONSIBILITY

NAME:

____________________________________________

SIGNATURE:

____________________________________________

RELATIONSHIP TO CHILD/REN:

____________________________________________

DATE:

____________________________________________

PERSON 2 WITH PARENTAL RESPONSIBILITY

NAME:

____________________________________________

SIGNATURE:

____________________________________________

RELATIONSHIP TO CHILD/REN:

____________________________________________

DATE:

____________________________________________

OFSTED REGISTRATION CERTIFICATE

A copy of my Ofsted Registration Certificate is attached below.

DBS CERTIFICATE

A copy of my DBS Certificate is attached below.

COST INFORMATION SHEET

My costs for the Services are set out below.

DATA PROTECTION INFORMATION

My privacy policy is contained below.

COMPLAINTS POLICY

My complaints policy is attached below.

CANCELLATION FORM

(Complete and return this form only if you wish to cancel this Agreement under your right to cancel.)

TO: ________

OF: ________

EMAIL: ________

I hereby give notice that I cancel my contract for the supply of the childminding services which I requested on ____________________________ (REQUEST DATE) and which you agreed to supply on ____________________ (START DATE).

MY NAME:

_____________________________

MY ADDRESS:

_____________________________

SIGNATURE:

_____________________________

DATE:

___________________________