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Child Care Agreement

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Sample Nanny Contract

Agreement made on the (date), between of , referred to herein as Parents, and , of , referred to herein as Nanny.

For and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. General Nanny Services

Nanny will provide full-time Nanny services to Parents beginning . Parents and Nanny both agree to arrange a meeting for the purpose of discussing household expectations a minimum of 24-hours prior to scheduled start date. Nanny is being hired based on the following credentials:

  • Two or more years of child-care experience;
  • Submitted to and passed a background check;
  • Nanny, Newborn Care Specialist, and CPR Certifications
  • U.S. Citizen

2. Specific Nanny Services

Parents and Nanny agree that the Nanny services contemplated herein include, but may not be limited to: grocery shopping for the children’s food, prepare/cook children’s meals, help bathe and dress children, help clean-up after children, wash children’s laundry, set-up daily activities for children, supervise during playtime (i.e., park, beach, movies), read books and play age-appropriate curriculum and games, help with homework, and be responsible for overall well-being of children during the absence of Parents. Nanny Services shall not include the following:

A. General housekeeping such as washing family dishes, cleaning kitchen and bathrooms, vacuuming and dusting, household laundry, picking up/dropping off dry cleaning, running family errands, buying household groceries, cleaning master and guest bathrooms, and preparing family meals.

B. Acting as family chauffeur;

C. Walking, bathing or cleaning up after household pets

3. Work Hours and Payment

Nanny’s work hours shall be from a.m. to p.m., Monday through Sunday (optional: with Sunday’s schedule to be from a.m. to p.m. every other week). This schedule may vary. Nanny will be informed of any change of schedule with as much advance notice as possible. Nanny shall be paid $ /week due each Friday unless a holiday falls on Friday. If a holiday falls on Friday, the Nanny will be paid on Thursday.

4. Vacation

A. If Nanny is not required to care for the children during the Parents' vacation, she will be compensated at her full weekly salary nevertheless. Nanny must be notified at least two (2) weeks before any scheduled vacation the family takes.

B. If Parents invite Nanny to go to their vacation destination with the family, Parents will pay all travel related expenses. The Nanny's responsibilities will remain the same to the children and will maintain their schedule as best as possible while exposing them to the new environment. Under no circumstances is the Nanny required to join the family on their vacations.

5. Personal Days

Nanny will occasionally require a visit to the dentist/doctor, or may require some personal time for another reason. After the initial 2 months of employment, Nanny shall be entitled to one (1) paid personal day. Insofar as possible, the Nanny will give at least one (1) week's notice before taking a personal day. The Nanny is not required to reveal her plans to the Parents about her personal days. The Nanny may stretch her personal days by using them in half-day increments. It is understood that any additional time taken as personal time will go uncompensated.

6. Additional Days Off

If either Parent tells Nanny to take the day off, there will be no pay docking, or making up the time in babysitting hours or otherwise. The Nanny will not be expected to use her personal day to compensate for the hours given to her. Parents will also provide Nanny with the following benefits: two weeks paid vacation per year, 7 paid holidays off [New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day], 6 sick days per year, and health benefits (after 90 days).

7. Taxes and Insurance

Parents shall withhold any federal income taxes, Social Security tax, and Medicare as well as state income taxes from the Nanny payments.

8. Travel

Parents agree to notify Nanny in advance (a minimum of 21-days) of any travel plans.

9. Severance Pay

If Parents dismisses Nanny for any reason other than criminal allegations, Parents agrees to pay Nanny weeks of severance pay at the current weekly rate.

10. Termination of Employment

Nanny must notify Parents of intention to terminate employment a minimum of 30 days prior to date of termination.

11. Issues of Liability

With regard to the services of Nanny, both Parents and Nanny are fully aware and agree that both parties are equally liable for the welfare of Parents’ children during the duration of this Agreement. Therefore, both Parents and Nanny must report any unfair treatment of children (e.g., neglect or abuse) to the proper authorities immediately upon discovery.

12. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

13. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

14. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

15. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

16. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

17. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

18. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

19. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

WITNESS our signatures as of the day and date first above stated.

(Printed name)

(Signature of Parent)

(Printed name)

(Signature of other Parent)

(Printed name)

(Signature of Nanny)

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What a Child Care Agreement Covers

A Child Care Agreement is a written contract between a parent or legal guardian and a child care provider that documents the terms for care. It typically names the parties, identifies the child, specifies hours and fees, details pickup and emergency procedures, lists health and medication authorizations, and sets termination and notice rules. Well-drafted agreements clarify expectations, reduce disputes, and record consent for medical treatment and transportation. Electronic signatures under U.S. law (ESIGN and state UETA/ESRA frameworks) are generally accepted for these agreements when intent and consent to e-sign are documented.

Why a Written Child Care Agreement Matters

A written agreement protects both families and providers by documenting payment terms, liability allocations, health authorizations, and termination rights. It reduces misunderstandings, supports licensing and inspection requirements in many jurisdictions, and establishes a clear record of consent for medical care and emergency contacts in case of injury or illness.

Why a Written Child Care Agreement Matters

Who Typically Completes a Child Care Agreement

Parents and providers use this agreement to set clear service, safety, and payment terms in writing before care begins.

  • Parents or legal guardians who enroll a child in home or center-based care and need to document permissions and fees.
  • Licensed family child care providers and daycare centers that must demonstrate written policies for licensing or inspection.
  • After-school programs, nanny agencies, and temporary care providers who require signed authorizations for pickup and medical treatment.

The signed agreement becomes the operative reference for daily operations, billing, and emergency procedures until amended or terminated.

Essential Elements to Include

A professional Child Care Agreement groups operational, legal, and safety terms so both parties can review and sign with confidence before services commence.

Parties

Full legal names of the provider and the parent or guardian, including business name for centers and contact information for each party.

Child Details

Child's full name, date of birth, allergies, medication instructions, and any special needs or dietary restrictions that affect daily care.

Schedule & Fees

Days and times of care, hourly or flat fees, payment due dates, late fees, deposit policy, and refund/holiday arrangements.

Pickup & Authorization

List of authorized pickup persons, required ID procedures, and protocol for unauthorized pick-up attempts or court orders.

Health & Emergency

Consent for emergency medical treatment, designated physician, emergency contact details, and guidance for illness exclusion and medication administration.

Termination

Notice period for ending the agreement, grounds for immediate termination, handling of deposits, and dispute-resolution preferences.

Required Information and Fields

Child Name: Full legal name
Date of Birth: MM/DD/YYYY format
Emergency Contact: Name and phone
Authorized Pickups: Names and relation
Medical Info: Allergies, meds
Payment Terms: Rate and due date

Step-by-Step: Completing and Signing the Agreement

Follow this sequence to prepare, review, and finalize the Child Care Agreement to ensure it is enforceable and clear for both parties.

  • 01
    Prepare Draft: Populate child, schedule, fee, and health fields fully.
  • 02
    Review Terms: Both parties read policies, cancellation, and emergency procedures.
  • 03
    Add Signatures: Parties sign and date; witness or notary if required.
  • 04
    Distribute Copies: Provide fully executed copies to parent and provider.

Configure an Online Signing Workflow

When moving the agreement online, set signer order, authentication, reminders, and storage rules to reduce friction and preserve audit trails.

Field Configuration
Signing Order Parent signs first, then provider
Authentication Email link; optional SMS code
Reminders Automatic reminders at set intervals
Storage Format PDF with audit trail

Sharing, Signing, and File Format Considerations

Choose a platform that accepts PDF and DOCX, preserves audit trails, and supports guest signing for parents without accounts.

  • File Types: PDF and DOCX widely supported
  • Integrations: Works with Google Workspace, Microsoft 365
  • Authentication: Email link, SMS, or KBA options

Ensure the chosen method captures signer attribution and timestamp data to meet ESIGN/UETA record-retention and proof requirements.

Common Timing and Notice Requirements

Set clear schedules for payments, updates, and notices so each party knows response windows and when changes take effect.

Effective Date:

Agreement begins on the stated MM/DD/YYYY

Payment Due:

Specify due date each billing cycle

Notice Period:

Typical 2–30 days for termination notice

Health Updates:

Require immediate updates for allergies or meds

Annual Review:

Recommend yearly policy and info review

Common Mistakes to Avoid

  • Leaving schedules vague (e.g., 'weekday mornings') which leads to billing and attendance disagreements.
  • Failing to list authorized pickup persons by full name and relation, causing delays during emergency pickup situations.
  • Omitting medication dosage or administration instructions, creating liability or treatment delays during medical incidents.
  • Not documenting deposit, refund, and late-fee terms clearly, which results in payment disputes and collection issues.

Potential Risks if the Agreement Is Incorrect or Incomplete

Licensing Risk: Noncompliance with local licensing
Payment Disputes: Unenforceable fee terms
Emergency Delays: Insufficient medical authorization
Privacy Breach: Inadequate health data safeguards
Invalid Consent: Missing parent signatures
Court Challenges: Ambiguous terms reduce enforceability

eSignature Vendor Comparison for Child Care Agreements

Price and features vary across eSignature vendors; the table below highlights starting price, trial availability, bulk send, audit trail, and HIPAA support with signNow listed first.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Use Cases for a Child Care Agreement

These examples show how agreements clarify operations and reduce disputes in common child care settings.

Family Child Care Provider

A home provider documents pickup, allergy management, and late-fee policy before enrollment

  • The provider requires a signed medical release for emergencies
  • Clear terms reduced billing disputes and allowed quick authorization for emergency treatment when a child needed care.

Large Daycare Center

A multi-room center centralizes intake with a standard agreement and digital signature workflow

  • Parents sign separate consent for field trips and meds
  • The center used consistent forms to satisfy licensing reviewers and streamline staff training.

Practical Tips for Accurate and Efficient Completion

Follow these practices to minimize errors, speed onboarding, and create defensible records.

Use a Standard Template
Start with a tested template that includes core clauses and then customize only the necessary fields for each child to limit omissions and inconsistencies.
Require Complete Contact Info
Collect full names, phone numbers, addresses, and backup contacts; verify authorized pickup identities to prevent access problems during emergencies.
Document Health Details Clearly
Record allergies, dietary restrictions, and precise medication instructions; attach physician notes or action plans for chronic conditions when applicable.
Preserve an Audit Trail
Use an eSignature platform that timestamps and logs signer attribution to support enforceability and dispute resolution.

FAQs About Child Care Agreements

Answers to common questions about enforceability, signatures, notarization, and recordkeeping for child care agreements.


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