Daycare Agreement - Online Template Form - Word and PDF Pro · US-law
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CHILD CARE (DAYCARE) 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 “Daycare”):
________
________
State license/registration no.: ________
Telephone: ________
to provide child care services for the following child (the “Child”): ________, born on ________.
B. The undersigned Family hereby authorizes the Daycare to provide care for the above-named Child in accordance with the terms and conditions of this Agreement.
C. The Family and the Daycare are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
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 Parties agree as follows:
§ I. Contracted Hours.
1. The Daycare shall provide child care services under this Agreement during the following hours:
(a) Monday: ________
(b) Tuesday: ________
(c) Wednesday: ________
(d) Thursday: ________
(e) Friday: ________
(f) Saturday: ________
(g) Sunday: ________
§ II. Holidays, Vacations, and Miscellaneous Closings.
2. Holidays.
(a) The Daycare will provide child care on the following federal holidays:
________
(b) The daycare fees will be adjusted for any holiday on which the Daycare facility is closed.
(c) The Daycare will not provide child care on the following days:
________
3. Vacations.
(a) The Daycare will be closed for vacation on the following days:
________
(b) Child care fees will be reduced proportionately for the days on which the Daycare is closed for vacation. The Family is responsible for arranging alternate child care during such periods.
(c) The Family must provide the following amount of advance written notice of expected family vacations: ________. Child care fees will be adjusted for the period during which the Child does not attend because of a family vacation, subject to § III below.
§ III. Fees.
4. Daycare fees are based strictly on the scheduled hours of contracted child care services.
5. The Daycare may, in its reasonable discretion, adjust fees for late arrival, early pickup, or missed days.
6. Fees for Full-Time Child Care.
(a) Fees for full-time prescheduled child care are $________ (________) per hour of child care provided, as itemized in a detailed invoice furnished to the Family by the Daycare.
(b) The Family shall pay all child care fees within seven (7) days of receiving a detailed invoice from the Daycare. Payment not received by that deadline shall be deemed past due.
(c) A Child must attend the Daycare for the following amount of time per predetermined period to be considered full-time: ________.
7. Registration Fee.
(a) The Daycare charges $________ (________) per Child as an initial registration fee, payable to the Daycare at the time this Agreement is signed by the Family.
(b) The registration fee is refundable and may be applied to daycare fees at the discretion of the Daycare.
8. Fees for Unscheduled Drop-In Child Care.
(a) Fees for unscheduled drop-in child care are $________ (________) per hour of child care provided, as itemized in a detailed invoice furnished to the Family by the Daycare.
9. Payment Methods. Payment may be made in the following manner:
________
10. Past-Due Payments. For any payment not paid when due, the Family shall pay a late fee of $________ (________). All past-due amounts shall bear interest at the rate of ________% per annum, or the maximum rate permitted by applicable law, whichever is less.
11. Returned Check Fee.
(a) The Family shall pay a fee of $________ (________) for each check returned unpaid, to the extent permitted by applicable law.
(b) If any check is returned unpaid, all future payments by the Family must be made in cash or other guaranteed funds.
12. Overtime Fees.
(a) The Daycare will charge an overtime fee of $________ (________) per ________ interval, rounded up to the nearest interval, if a Child is not picked up by the scheduled time.
(b) The overtime fee shall be paid when the Family picks up the Child from the Daycare.
13. Collection Costs. If any payment obligation is not paid when due, the Family shall be responsible for all costs of collection, including reasonable attorneys’ fees and court costs, whether or not suit is commenced.
§ IV. Trial Period.
14. The Child will be subject to a trial period at the Daycare facility of the following length: ________.
15. Child care may be terminated by either the Daycare or the Family during the trial period without advance notice and without further obligation.
§ V. Termination of Child Care Services.
16. Following the trial period, child care may be terminated by either Party only upon delivery to the other Party of the following amount of advance written notice: ________.
17. If the Family fails to provide the required advance written notice, payment for the notice period (or applicable portion thereof) remains due.
18. The Daycare reserves the right to terminate a Child’s enrollment without notice for the following reasons:
________
Any such termination may be made effective immediately.
19. Upon termination of child care services, the Daycare is willing to assist with referrals in its discretion and upon request; however, it remains the Family’s sole responsibility to secure alternate child care.
§ VI. Authority to Pick Up Child.
20. The following individual(s) are authorized to pick up the Child:
________
21. The Family must notify the Daycare in advance if a person other than an authorized individual will pick up the Child. Absent such notice, the Child will not be released, and the Family will be notified. The Daycare may require valid photo identification from any individual seeking to pick up the Child.
§ VII. Emergency Contacts.
22. In case of an emergency, the Daycare will first attempt to reach the Family in the following manner:
________
23. If the Family cannot be reached, the Daycare will attempt to contact the following individual(s) in the order listed:
Name: ________
Contact information:
________
§ VIII. Emergencies.
24. Evacuation and emergency plans will be posted at each exit in the Daycare facility.
25. The children will periodically conduct drills to practice the evacuation plans.
26. In case of emergency, the Daycare will first attempt to reach the Family. If the Family cannot be reached, the Daycare will contact the Child’s emergency contact person(s) listed above.
27. The Family acknowledges that children may incur minor scrapes, scratches, and similar injuries during the course of normal daily activity. Such injuries will be treated with appropriate basic first aid, including ice packs, antiseptic, and bandages, as necessary. The Daycare will inform the Family of any such injury and the treatment provided.
§ IX. Medical Information and Treatment; Consent.
28. The Family must provide the Daycare with current and complete medical information regarding the Child, including information concerning medical conditions, immunizations, allergies, regular medications, physical disabilities, restrictions on physical activity, and whether the Child has had measles, mumps, chicken pox, whooping cough, or any other contagious disease. This information must be provided prior to the Child’s first day of care.
29. All children must have received the following immunizations and vaccinations, as age appropriate and as required by applicable state law, prior to attending the Daycare:
________
30. If a Child becomes ill, the Daycare will first attempt to reach the Family. If the Family cannot be reached, the Daycare may contact the Child’s primary care physician:
________
________
31. The Daycare is authorized to provide the physician, or a representative of the physician, with the following information:
Insurance provider: ________
Insurance policy number: ________
Primary insurance holder: ________
Preferred hospital: ________
32. Consent to Emergency Treatment. In the event of a medical emergency, the Family hereby authorizes and consents to the Daycare obtaining necessary emergency medical care for the Child, including, without limitation, transportation to an emergency room or urgent care center and treatment by qualified medical personnel. The Family agrees to pay all costs and expenses incurred in connection with any such medical care, including transportation costs.
§ X. Sick Child Policy.
(a) Fever
(b) Persistent diarrhea
(c) Continuous coughing
(d) Irregular breathing
(e) Vomiting
(f) Difficulty swallowing
(g) Discharge from eyes or ears
(h) Lice
(i) Earache
34. If a Child exhibits any of these symptoms while present at the Daycare facility, the Family will be notified and must promptly remove the Child. The Child may be isolated from other children until the Family arrives.
35. The Daycare will notify the Family of any contagious disease of which the provider has knowledge and to which the Child may have been exposed while at the Daycare facility.
36. The Family must inform the Daycare of any illness or condition of the Child that may affect other children at the Daycare facility.
37. The Family will provide a medical report describing the Child’s relevant personal medical history to the Daycare prior to the first day of care.
38. The Family is responsible for arranging alternate care if the Child is sick or otherwise unable to attend the Daycare facility.
39. Daycare fees will be adjusted for the days on which a sick Child does not attend. If a physician’s note is provided, daycare fees for the relevant day(s) will be reduced in the following manner for each full day the Child is absent:
________
40. The Daycare will administer prescription medication to a Child only upon completion by the Family of a written medication consent form listing the medication type, dosage, time of administration, and any side effects or special instructions. All medications must be in their original container labeled with the Child’s name.
§ XI. Program Activities.
41. The Daycare will provide daily activities, toys, and materials appropriate to each Child’s age level to support the Child’s physical, intellectual, social, and emotional development.
42. Children may not bring toys from home. Toy weapons, including toy guns or knives, are strictly prohibited. The Daycare is not responsible for any lost or broken items brought from home.
43. The Daycare will post a weekly activity chart detailing the planned activities for the upcoming week.
44. Field Trips.
(a) The Daycare may occasionally take the children on field trips.
(b) A Child will not be permitted to participate in a field trip unless the Family has signed a written permission slip.
(c) The Family will be given advance written notice of the dates and locations of all field trips.
(d) Additional fees may be charged to reimburse the Daycare for admission, transportation, and/or meal costs in connection with a field trip.
(e) If the Family chooses not to have the Child participate in a field trip, the Family is responsible for arranging alternate child care.
45. From time to time, the Daycare may conduct excursions, such as walks, bike rides, or car trips off the premises. The Family must sign a general release authorizing the Daycare to engage in such activities with the Child.
§ XII. Infants.
46. Infants will be fed formula or breast milk supplied by the Family in accordance with the Family’s instructions.
47. The Family is responsible for providing baby food other than breast milk or formula for as long as necessary.
48. The Family must provide the Daycare with information regarding feeding times and other feeding instructions.
49. Diapers will be checked regularly and changed whenever reasonably necessary. After each change, the diaper-changing area will be sanitized and the provider’s hands washed.
§ XIII. Toilet Training.
50. The Daycare will assist with toilet training, which the Family should initiate at home.
51. Once toilet training has begun, the Family must supply training pants, pull-ups, underwear with rubber pants, and/or other toilet-training supplies.
§ XIV. Naps and Rest Periods.
52. Nap time is during the following period: ________.
53. The Family is requested not to drop off or pick up children during scheduled nap times.
§ XV. Supplies.
54. The Daycare may request that the Family supply specific items for the benefit of the Child from time to time. If the Family fails to supply such an item within a reasonable period, the Daycare may purchase the item and charge the Family for its reasonable cost.
55. The Daycare will be responsible for providing the following items:
________
§ XVI. Meals.
56. Meal times are as follows:
(a) Breakfast at ________
(b) Mid-morning snack at ________
(c) Lunch at ________
(d) Mid-afternoon snack at ________
(e) Dinner at ________
57. These meals will be served by the Daycare and are included in the child care fees.
58. The Daycare will post a weekly menu for the Family to review.
59. The Family should inform the Daycare of the Child’s favorite foods, which the Daycare may incorporate into its menu.
60. The Daycare will provide meals for children with special dietary needs. The Family will reimburse the Daycare for all additional costs of providing and preparing special dietary meals.
61. All meals provided by the Daycare will comply with the nutritional guidelines of the United States Department of Agriculture.
§ XVII. Substitute Child Care Providers.
62. If the Daycare is temporarily unable to provide child care services due to circumstances beyond its reasonable control, the Daycare may, but is not obligated to, arrange for a substitute provider with qualifications comparable to the provider’s.
63. The Daycare will use its best efforts to provide the Family with reasonable advance notice of the need for substitute care, the name of the substitute provider, and the hours of such care.
64. The Daycare will provide the Family with a list of substitute child care providers upon request.
§ XVIII. Discipline.
65. The Daycare will explain the rules of the facility to children under its care, as appropriate. When a Child understands the rules but chooses to disobey them, the Daycare may discipline the Child using the following age-appropriate techniques:
________
66. If these methods are not successful, alternative methods will be discussed with the Family. No form of corporal punishment, verbal abuse, or any disciplinary measure prohibited by applicable state law will be used.
§ XIX. Family Participation.
67. The Family is welcome to visit the Daycare facility at any time during which child care is being provided and the Child is present, except during scheduled nap times, and to participate in activities.
68. Open communication between the Family and the provider is essential to maintaining high-quality child care. All comments and suggestions are welcome.
§ XX. Daycare Policy.
69. A full copy of the Daycare’s written policies is available to and will be provided to the Family for review and is incorporated herein by reference.
§ XXI. Inclement Weather.
70. In the event of inclement weather or other emergency conditions, the Daycare may close or delay opening. The Daycare will make every reasonable effort to notify the Family as soon as possible of any closing, delayed opening, or early dismissal. Daycare fees will not be reduced for closings due to inclement weather or other emergency conditions beyond the Daycare’s reasonable control.
§ XXII. Confidentiality.
71. The Daycare agrees that it will not disclose, divulge, reveal, report, or use, for any purpose, any confidential information concerning the affairs of the Family obtained by the Daycare, except as may be reasonably necessary to provide the services contemplated by this Agreement.
72. The Daycare further agrees that it will not disclose, divulge, reveal, report, or use, for any purpose, any personal and private information about the Family or the Child, including without limitation medical, financial, legal, or career information, without the prior written consent of the Family, except as required by law.
73. The Daycare will not upload to social media or the internet any photographs or videos of the Child without the prior written consent of the Family.
74. These confidentiality obligations shall survive indefinitely following termination of this Agreement.
§ XXIII. Limitation of Liability and Indemnification.
§ XXIV. Child Care Regulations and Licensing.
76. The Daycare represents and warrants that it operates in full compliance with all applicable federal, state, and local child care laws and regulations and maintains all licenses and registrations required to provide the services under this Agreement.
§ XXV. Equal Opportunity.
77. No Child will be denied care on the basis of race, color, sex, disability, national origin, religion, or any other characteristic protected by applicable law, with respect to either the parent or the Child.
§ XXVI. Independent Contractor.
78. The Daycare is an independent contractor and not an employee of the Family. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employment relationship between the Parties.
§ XXVII. Entire Agreement.
79. This Agreement constitutes the entire agreement of the Parties, and there are no other promises, representations, or conditions, oral or written, concerning the subject matter hereof.
80. This Agreement supersedes all prior written or oral agreements between the Parties relating to the subject matter hereof.
§ XXVIII. Severability.
81. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
82. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
§ XXIX. Amendment.
83. This Agreement may be modified or amended only in a writing signed by the Party against whom enforcement of the amendment is sought.
§ XXX. Governing Law and Venue.
84. 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 any dispute arising out of or relating to this Agreement.
§ XXXI. Notice.
85. Any notice or communication required or permitted under this Agreement shall be deemed sufficiently given if delivered in person or sent by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement, or to such other address as a Party may designate in writing.
§ XXXII. Waiver.
86. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
DAYCARE PROVIDER:
_________________________________
________, Daycare Provider
Date: ________
FAMILY / PARENT:
_________________________________
________, Parent/Guardian
Date: ________
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