Child Care Service Agreement - Template, Sample Form Pro · US-law

CHILD CARE SERVICES AGREEMENT

State of ________

RECITALS

A. This Child Care Services Agreement (the "Agreement") is made and entered into as of ________ (the "Effective Date"), by and between the following hiring family (the "Family"):

________
________
Telephone: ________   Email: ________

and the following child care provider (the "Provider"):

________
________
Telephone: ________   Email: ________

to provide care for the following child or children (collectively, the "Child"):

________, ________, born on ________
Additional child(ren), if any: ________

B. The Family hereby authorizes the Provider to care for the above-named Child in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Family and the Provider (each a "Party" and collectively the "Parties") agree as follows:

§ I. ENGAGEMENT, WORK HOURS, AND TERM

1.1. The Family engages the Provider, and the Provider accepts the engagement, to provide child care services (the "Services") on the terms set forth in this Agreement.

1.2. The Provider shall provide Services for a standard schedule of ________ hours each week (the "Standard Work Week"), generally on the following days and hours: ________.

1.3. The Provider shall commence providing the Services on ________.

1.4. Unless earlier terminated in accordance with § V, this Agreement shall continue until ________.

§ II. COMPENSATION AND PAYMENT

2.1. As compensation for the Services, the Family shall pay the Provider at the rate of $________ (________ dollars) per hour for all hours worked within the Standard Work Week.

2.2. For all hours actually worked in excess of forty (40) hours in any workweek, the Provider shall be paid overtime at a rate of $________ (________ dollars) per hour, in compliance with the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) and applicable state wage-and-hour law, provided the Provider is classified as a non-exempt domestic service employee.

2.3. The Family shall issue payment to the Provider on the following schedule: ________, by the following method: ________.

2.4. For any payment not made within three (3) days of its due date, the Family shall pay a late fee of $________ (________ dollars) per day, commencing on the day after the grace period ends and continuing until the outstanding amount is paid in full.

2.5. The Provider shall be reimbursed for all reasonable and necessary expenses incurred in connection with the Services, provided that the Provider furnishes receipts, statements, and other supporting documentation. Reimbursable expenses include the following:

________

2.6. The Family shall be entitled to withhold and remit from the Provider's compensation all federal, state, and local taxes and other amounts required by law, including any applicable "nanny tax" obligations under the Federal Insurance Contributions Act (FICA) and the Federal Unemployment Tax Act (FUTA), to the extent the Provider is classified as a household employee.

§ III. DUTIES AND RESPONSIBILITIES

3.1. The Provider agrees to perform the following duties in the course of providing the Services:

a. Prioritize the physical and mental well-being and safety of the Child above all other duties.

b. Tend to the Child's basic needs, such as bathing, brushing teeth, dressing, diaper changing, feeding, napping, and putting to bed, as relevant and necessary.

c. Pick up and drop off the Child at school.

d. Administer medications to the Child solely as directed in writing by the Family.

e. Prepare meals for the Child and clean and tidy the kitchen and dining area afterward.

f. Supervise and participate in age-appropriate activities with the Child, including games, play dates, playground outings, crafts, cultural activities, trips to museums and libraries, and daily reading.

g. Research and plan activities with substantial child development, social, or educational value.

h. Maintain a daily journal for the Family describing the Child's daily activities, meals, medications, and any disciplinary incidents.

i. Provide daily language instruction to the Child.

j. Provide daily music instruction to the Child.

k. Use a vehicle provided by the Family to transport the Child to and from activities and events.

l. Tidy the Child's bedroom and play areas, including organizing, making beds, vacuuming, and disinfecting toys as relevant and necessary.

m. Wash, fold, and put away the Child's laundry and linens.

n. The following additional responsibilities:

________

§ IV. VACATION, SICK DAYS, AND HOLIDAYS

4.1. Paid holidays: ________.

4.2. Paid sick leave and personal time: ________. The Provider shall be entitled to any paid sick leave required by applicable state or local law.

4.3. If the Provider travels with the Family for vacation, the Provider shall receive the regular pay rate plus any applicable overtime as set forth in § II.

§ V. TERMINATION

5.1. The engagement under this Agreement is terminable at will by either Party. Except where termination is for cause under § 5.2, each Party shall provide the other with the following notice of intent to terminate (or, at the Family's election, pay in lieu of notice):

________

5.2. The Family may terminate this Agreement immediately, without prior notice and without pay in lieu of notice, upon the occurrence of any of the following:

a. Willfully or negligently compromising the safety of the Child;

b. Inconsistent or non-performance of agreed-upon duties;

c. Dishonesty toward, or theft from, the Family;

d. Misuse of the Family's automobile or other property;

e. Breach of confidentiality;

f. Persistent lateness of more than twenty (20) minutes without sufficient explanation;

g. Unapproved guests at the Family's home;

h. Smoking or consumption of alcohol while on duty;

i. Illegal drug use;

j. Any other material breach of this Agreement.

5.3. The Provider may terminate this Agreement immediately upon the Family's failure to adhere to the agreed-upon pay schedule for more than two (2) months, or upon a reasonable fear of harm arising from the conduct of the Family.

§ VI. CONFIDENTIALITY

6.1. The Provider acknowledges that, in the course of providing the Services, the Provider may have access to private and confidential information concerning the Family, the Child, and the household. The Provider agrees to keep all such information strictly confidential.

6.2. The Provider shall not, either during the term of this Agreement or at any time thereafter, disclose, communicate, or divulge any confidential information of the Family to any third party without the prior written consent of the Family, except as required by law.

6.3. Confidential information includes, without limitation, the Family's personal affairs, financial matters, medical information, home security details, daily schedules, photographs and images of the Child, and any other information of a private or sensitive nature.

6.4. The obligations of confidentiality set forth in this section shall survive the termination of this Agreement. Any breach of confidentiality shall constitute grounds for immediate termination without notice.

§ VII. GENERAL RULES AND PROVISIONS

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7.2. The Provider shall not consume alcohol while on duty.

7.3. Neither the Provider nor any of the Provider's guests may smoke at the Family's home or while caring for the Child, including during walks, outdoor activities, or playground trips.

7.4. The Provider confirms that the Provider does not use illegal drugs; illegal drug use is grounds for immediate termination without notice.

7.5. The Provider shall remain attentive to the Child and shall limit personal phone calls and internet usage to fifteen (15) minutes or less while the Child is awake.

7.6. Upon termination, and prior to receipt of the final payment, the Provider shall return to the Family all of the Family's property, including but not limited to house keys, car keys, car safety seats, and remote entry devices.

§ VIII. CLASSIFICATION OF THE PROVIDER

8.1. The Parties shall classify the working relationship as follows: ________ (e.g., household employee or independent contractor). The Parties acknowledge that classification is governed by the standards of the Internal Revenue Service, the U.S. Department of Labor, and applicable state law, and that the actual nature of the relationship—rather than the label chosen—controls.

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§ IX. ASSIGNMENT

9.1. The Provider shall not, voluntarily or by operation of law, assign or otherwise transfer any obligation under this Agreement without the prior written consent of the Family. The Services are personal in nature and may not be delegated or subcontracted.

§ X. AUTHORIZATION TO CONSENT TO MEDICAL TREATMENT OF A MINOR

10.1. The Family shall furnish the Provider with the documentation necessary to authorize emergency medical care for the Child in the event that the Child requires such care and the Family cannot be reached. Such authorization shall be executed in a form valid under applicable state law.

§ XI. DUTY OF CARE AND INDEMNIFICATION

11.1. The Provider accepts a general duty of reasonable care toward the Child wherever reasonable and necessary, and shall act in good faith and in the best interests of the Child at all times.

11.2. The Family shall maintain such homeowner's, automobile, and other insurance as it deems appropriate to cover the activities contemplated by this Agreement. Each Party shall indemnify and hold the other harmless from any loss or liability arising out of that Party's own negligence or willful misconduct, to the extent permitted by applicable law.

§ XII. GOVERNING LAW AND VENUE

12.1. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ for the resolution of any dispute arising out of or relating to this Agreement.

§ XIII. SEVERABILITY

13.1. If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, all remaining provisions shall continue in full force and effect, with the invalid or unenforceable portion severed from the remainder of this Agreement.

§ XIV. ENTIRE AGREEMENT; AMENDMENT; WAIVER

14.1. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings, and agreements, whether written or oral. This Agreement may be amended only by a writing signed by both Parties. No waiver of any provision shall be effective unless in writing, and no waiver shall constitute a continuing waiver.

§ XV. NOTICES; COUNTERPARTS

15.1. All notices under this Agreement shall be in writing and delivered to the addresses set forth above, or such other address as a Party may designate in writing. This Agreement may be executed in counterparts, each of which shall be deemed an original, and electronic or scanned signatures shall be deemed valid and binding.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

EXECUTION:

________________________________
________, Parent

______________
Date

________________________________
________, Child Care Provider

______________
Date