MAKE YOUR FREE Childcare Contract
What we'll cover
What is a Childcare Contract?
A Childcare Contract is a formal and legally binding agreement between a childcare provider (ie a business that provides childcare, for example, a nursery) and a child’s parents or legal guardians. Childcare Contracts set out the agreed-upon terms relating to the childcare arrangement, including the fees payable in exchange for the services.
When should I use a Childcare Contract?
Use this Childcare Contract:
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to make arrangements for the provision of childcare services
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for businesses that provide childcare services, for example, nurseries or childminders
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for businesses in England, Wales or Scotland
Sample Childcare Contract
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CHILDCARE CONTRACT
This Agreement is made on the date of last signature below between:
Parties
Agreement
- The Childcare Provider shall provide Parents with the services of a childcare provider covering the normal curriculum on the days or half days (excluding public holidays) from (Effective Date), together with any other services which the Childcare Provider provides or agrees to provide (the Services).
- The Childcare Provider Manager is the person responsible for the child referred to in Schedule 1 of the Agreement (the Child) and is currently .
Term
- The Agreement begins on the Effective Date and will continue until either party gives notice in accordance with the procedure set out in the section entitled 'Ending the agreement'.
Parents' Authority
- When the Child is in the care of the Childcare Provider Manager, Parents authorise the Childcare Provider Manager to make in good faith all decisions that safeguard and promote the welfare of the Child.
- The Childcare Provider reserves the right to administer first aid and emergency treatment to children as required. If emergency treatment is required, the Childcare Provider will make all reasonable attempts to contact the Parents. If the Parents are unable to be contacted, the Parents consent to the Childcare Provider authorising emergency treatment as necessary.
Parent Obligations
- Parents are required to work in partnership with the Childcare Provider and provide such information as is reasonably required about the Child named in Schedule 1.
- Parents must ensure that any information given to the Childcare Provider is accurate and up to date. Parents shall promptly inform the Childcare Provider in the event of any changes to such information.
- The Childcare Provider must be made aware of any:
- known medical conditions, health problems, allergies or diagnosed dietary requirements of the Child;
- lack of a vaccination which the Child would have had by their age;
- family circumstances or court orders which might affect the Child's welfare; and
- concerns about the Child's safety.
- Parents shall provide the Childcare Provider with their contact details, together with the details of any authorised persons who may collect the Child upon presentation of photographic identification.
Admissions
- Your Child will be considered for admission and entry to the Childcare Provider once the registration process has been completed.
- Your Child's admission to the Childcare Provider is at the discretion of the Childcare Provider Manager.
Fees
- Parents are responsible for the payment of fees. The Childcare Provider will charge Parents for the Services at the rate of £ per (the Fee).
- Parents will be invoiced every. Any invoices submitted by the Childcare Provider must be paid within days of the date of invoice. Payment can be made by BACS or a standing order can be set up by Parents.
- If Fees remain unpaid for a period of calendar days from the date of the invoice, your Child's place at the Childcare Provider will be cancelled.
- Fees are still payable during periods of absence from the Childcare Provider.
- If you expect to be late collecting your Child, please notify us as soon as possible. If notified, the additional time will be charged at the standard hourly rate. Late collection after : will be charged at a rate of £ per to cover emergency staffing and other arrangements.
Ending the Agreement
- You may end this Agreement by giving written notice. Notice must be addressed to the Childcare Provider Manager and sent to the Childcare Provider address, hand-delivered to a member of the management team or emailed to the Childcare Provider at .
- You may end this Agreement with immediate effect if we breach any of our obligations under this Agreement and we have not, or cannot put right that breach within a reasonable period (for the avoidance of doubt, 30 calendar days).
- We may end this Agreement with immediate effect if:
- the Fees are not paid;
- you breach any of your obligations under this Agreement and have not, or cannot put right that breach within a reasonable period (for the avoidance of doubt, 30 calendar days);
- a parent displays abusive, threatening or otherwise inappropriate behaviour; or
- a child displays abusive, threatening or otherwise inappropriate behaviour that puts the safety of others at the Childcare Provider at risk.
- The provision of Services may be suspended (meaning the Child is temporarily not able to attend the Childcare Provider) for the reasons set out in this section entitled 'Ending the agreement', or:
- if your Child is suffering from an illness which may easily be passed onto others at the Childcare Provider; or
- an event beyond our reasonable control compels us to either close the Childcare Provider setting, or reduce the available hours. Should we have to close due to an event beyond our reasonable control for which we have business interruption insurance, we may close without any liability to Parents and will not charge you for the time we are closed.
Liability
- The Childcare Provider accepts no liability for:
- any losses suffered by Parents arising directly or indirectly, as a result of the Childcare Provider setting being temporarily closed or the non-admittance of your Child to the Childcare Provider for any reason;
- economic loss of any kind;
- any loss resulting from a claim made by any third party;
- any special, indirect or consequential loss or damage; or
- any loss or damage to a Parent’s or Child’s property or belongings.
- Nothing in this Agreement limits or excludes the Childcare Provider's liability for any liability which cannot be excluded by applicable law.
- Subject to the two preceding clauses above, the total liability of the Childcare Provider for any other loss of Parents in respect of any one event or series of connected events shall not exceed £.
Privacy
- Your privacy is important to us. We respect your privacy and comply with the GDPR with regard to your personal information.
- This Agreement should be read alongside and is in addition to our Privacy Policy.
- For the purposes of this Agreement:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 'GDPR' means the UK General Data Protection Regulation.
- 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- Where you supply Personal Data to us so we can provide you with the Services and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can email the Childcare Provider Manager at .
Security
- We will not admit anyone to the Childcare Provider setting without prior notification. It is Parents' responsibility to ensure that we are aware of who will be collecting your Child.
- No Child will be allowed to leave the Childcare Provider setting with any person who has not been notified as an authorised person to collect your Child on your behalf.
General
- This Agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
- No party may assign, transfer or sub-contract to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other party.
- No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.
- The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.
- If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
- Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the Childcare Provider's registered address or place of business, or sent by email to the Childcare Provider's main business email address: . Notices:
- sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day (which, for the purposes of this Agreement, means any day other than a Saturday, Sunday or public holiday in England and Wales) and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
- delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
- sent by email will be deemed to have been received on the next Working Day after sending.
Governing Law and Jurisdiction
- This Agreement will be governed by and interpreted according to English and Welsh law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English and Welsh courts.
The parties have signed this Agreement on the date(s) below:
SCHEDULE 1
About Childcare Contracts
Learn more about making your Childcare Contract
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How to make a Childcare Contract
Making your Childcare Contract online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the childcare arrangement prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The childcare provider, the parent(s)/guardian(s), and the child
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What is the childcare provider’s name, address, and legal structure? If it’s a company, what is its company number?
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Who is the childcare provider’s signatory, if it’s a company or a partnership? This is the person who will sign the Contract on the company’s or partnership’s behalf.
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What is the childcare provider’s main email address?
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What is the name and email address of the childcare provider’s manager (ie the person responsible for the child while they’re in childcare)?
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Are there 1 or 2 parents and/or legal guardians?
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What is the name and address of each parent/legal guardian?
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What is the name of the child that is to be looked after?
The childcare arrangements
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On which date will the childcare services start?
Fees
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What are the childcare provider’s fees?
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Is this inclusive or exclusive of Value Added Tax (VAT), or is VAT not applicable?
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Does a registration fee need to be paid?
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Does a deposit (ie a non-refundable amount paid to secure the child’s place) need to be paid?
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How frequently will invoices be issued?
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Within how many days of receiving an invoice must the parent(s)/guardian(s) pay the invoice?
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Does the childcare provider accept cash payments?
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Is there a penalty for overdue fees? If so:
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Is it charged as a set fee or as interest?
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If it’s charged as a fee, after how many days following the issue of an invoice will the fee be charged? How much is the fee?
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If it’s an interest rate, what is the rate?
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After how many days following the date of an invoice can the child’s place be cancelled if an invoice remains unpaid?
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Will fees remain payable during absences due to:
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The child’s illness?
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The child and their family being on holiday?
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Public holidays?
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Events outside of the childcare provider’s control (ie force majeure events)?
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If the childcare provider is closed due to an event that occurs which is within the childcare provider’s control (eg renovation work or similar that is covered by the provider’s insurance), will a fee discount be offered?
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After which time will collection of the child be considered late (and an extra fee imposed)? How much is the late collection fee?
The Childcare Contract
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What is the childcare provider’s maximum liability (ie the maximum amount of costs they will cover) to the parent(s)/guardian(s) for any losses that they incur relevant to the Contract?
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How much notice must the parent(s)/guardian(s) give to end the Contract?
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Where can a copy of the childcare provider’s Privacy policy be obtained from?
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If the childcare provider or one or more of the parent(s)/guardian(s) is based in Scotland, will the Contract be governed by the laws of England and Wales or the laws of Scotland?
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Common terms in a Childcare Contract
Childcare Contracts set out the terms of an arrangement for the provision of childcare services. To do this, this Childcare Contract template includes the following terms and sections:
This agreement is made on the date of last signature below between…
The Contract starts by clearly identifying the childcare provider and the parent(s)/guardian(s) of the child (ie the parties to the Contract).
Agreement
This section identifies the purpose of the Contract: covering the provision of childcare services by the childcare provider. It sets out when the childcare will start and notes that a normal curriculum will be followed.
Term
The date on which the arrangement will start is identified here, and the fact that the arrangement will continue until it is ended (ie there is no specified end date).
Parents’ authority
This section sets out statements which, in signing this Contract, the parties are agreeing to relative to the child’s safety and care. Specifically, the parents give the childcare provider’s manager permission to make decisions to safeguard and promote the child’s welfare, and the childcare provider is given the right to provide emergency first aid treatment if necessary.
Parent obligations
The obligations imposed on the parent(s)/guardian(s) under the Contract are set out here. Primarily, the parent(s)/guardian(s) must give the childcare provider certain relevant information, for example, details of any known medical conditions or allergies that the child has.
Admissions
This section explains that the child may be admitted to the childcare provider’s care, at the childcare provider’s manager’s discretion, once their registration process has been completed and, if required, a registration fee has been paid. If a deposit is required, information about this is also set out here.
Fees
This section sets out the fees that the parent(s)/guardian(s) will be charged for childcare services and provisions relevant to payment. For example, how VAT is handled, when Invoices will be issued and when they must be paid, and what happens if fees are not paid (eg penalties may be charged and the child may lose their place with the childcare provider).
It’s also stated whether fees are still payable during any periods of absence from the childcare provider and after what time child collection will be considered late and an additional fee charged.
Ending the agreement
The ways in which the Contract may be ended are set out here. These include:
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by the parent(s)/guardian(s) giving a specified amount of notice in writing
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immediately, by the parent(s)/guardian(s), if the childcare provider breaches their obligations under the Contract and doesn’t remedy the breach within 30 days
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immediately, by the childcare provider if, for example, fees aren’t paid or a child or their parent(s)/guardian(s) display abusive or inappropriate behaviour
This section also explains that childcare services may be temporarily suspended (ie the child cannot attend care) if, for example, the child has an easily transmissible illness or an event beyond the childcare provider’s reasonable control occurs. It’s also explained how fees will be dealt with in these instances (eg whether or not discounts may be offered).
Liability
This section sets a limit on the childcare provider’s liability regarding losses they cause to the parent(s)/guardian(s) in relation to this Contract. This limit is the maximum amount that the childcare provider must pay the parent(s)/guardian(s) if found liable (eg responsible) in such instances. It must be set at a reasonable amount.
The section also identifies instances in which the childcare provider will have no liability (eg for economic losses incurred by the parent(s)/guardian(s)) and recognises that the Contract does not attempt to limit the childcare provider’s liability in any way that is not permitted by law (eg liability for personal injury due to their negligence is not limited). For more information, read Limitation of liability clauses.
Privacy
The childcare provider’s commitment to and methods of upholding data protection laws are set out here. This relates to any personal data the childcare provider holds about the child and their parent(s)/guardian(s) (ie information about them from which they could be identified). If the childcare provider has a Privacy policy in place, this is referred to here.
Security
This section sets out commitments by the childcare provider relevant to using security to protect the child’s safety. For example, prior notification is needed before anybody is admitted to the childcare provider’s premises and children are only allowed to leave with people that the parent(s)/guardian(s) have authorised.
General
This section deals with various other points of law that govern how this Contract operates. For example:
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restricting how the parties can deal with the Contract (eg preventing them from assigning their rights or obligations under the Contract to others without the other party’s (or parties’) permission)
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stating that this Contract is the entire agreement, ie the Contract contains all of the agreement between the childcare provider and the parent(s)/guardian(s) (ie there are no additional terms). This helps avoid confusion if, for instance, other terms were in contemplation during negotiations
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requiring that any variations to the Contract are in writing and signed
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excluding the Contracts (Rights of Third Parties) Act 1999 or the Contract (Third Party Rights) (Scotland) Act 2017. This essentially means that third parties (ie not the childcare provider or the parent(s)/guardian(s)) that would otherwise be able to enforce obligations under this Contract under the Act cannot do so
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setting out how any notices or other similar communications that are given under the Contract should be delivered
Governing law and jurisdiction
This section sets out which country’s legal system must be used to resolve any disputes (ie the Contract’s jurisdiction). This is necessary as the legal systems of England and Wales and of Scotland are different.
The parties have signed this Agreement on the date(s) below…
The Contract ends with spaces for the childcare provider and all parent(s)/legal guardian(s) to sign the document, to make it legally binding.
Schedule 1
The name of the child to which the Contract relates is stated here.
If you want your Childcare Contract to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Childcare Contract complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for childcare providers
Look after children and their rights
In some ways, children are particularly vulnerable members of society. Consequently, they tend to have the benefit of extensive legal rights and protections. You should be aware of various legal considerations if you’re providing childcare, for example:
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you may need permission (eg a Child travel consent form) if you travel anywhere with children
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you should take care with who you hire to work for you by, for example, conducting criminal record (ie Disclosure and Barring Service (DBS)) checks when appropriate
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parents have legal duties in relation to caring for their children. If a childcare provider is concerned that these duties are being neglected, or that a child is otherwise unsafe, they should consider taking safeguarding action. Read the NSPCC’s guidance to learn more about safeguarding
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
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this document doesn't meet your needs or doesn’t cover everything you want it to
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you want to create a Contract that covers the care of multiple children
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Childcare Contract FAQs
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What is included in a Childcare Contract?
This Childcare Contract template covers:
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the childcare provider’s details
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details of the parent(s) and/or guardian(s)
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fees, including the option to add a registration fee
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how payment should be made
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how often invoices will be issued
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whether late collection fees will be payable
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termination of the contract
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Why do I need a Childcare Contract?
If you’re a business that provides childcare services, you should have written Childcare Contracts in place with your clients to ensure there’s always a clear, legally binding basis for your arrangements. This ensures that expectations are clear and can protect both parties if issues arise later on in relation to the childcare services.
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Will parents/guardians still need to pay fees if the childcare business closes?
This Childcare Contract allows you to choose specific terms that determine when parents will still be obligated to pay fees in the event of the closure of the childcare provider’s business. This can includes closure due to:
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illness
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holidays
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public holidays
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events that are out of the childcare provider’s control
Events outside of the childcare provider’s control are known as force majeure events, which prevent the fulfilment of the childcare provider’s contractual obligations. These can include, for example, natural disasters, terrorist attacks, or pandemics.
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How can the contract be ended?
This Childcare Contract allows you to specify the notice period that must be given by parents and/or guardians if they wish to terminate (ie end) the agreement. The document also allows you to set out when a child’s place with the provider will be cancelled as a result of unpaid fees.
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