Daycare Agreements - How to Write a Daycare Contract

Having an agreement or contract that can be signed when new families sign up for your daycare service is reassuring for both parents and daycare owners. To avoid arguments or misunderstandings further down the road you should set out information in a written agreement so that customers know exactly what to expect from your services, precisely what your policies are and what their obligations are.

It is fairly simple to put together an agreement for a daycare center. Your county or local child care authorities may have guidelines or a template that you can use. Alternatively you can also look at the agreements of other daycare businesses to get ideas on what clauses you could include.

Once you have a rough draft together you should then have a lawyer look over it and make sure that you haven't left anything out and that it is written up correctly. A contract should use the correct legal terminology while still being fairly simple and easy for parents to understand.

Here is a list that you can look over for ideas on how to write a daycare contract. Bear in mind though that every daycare owner's situation is unique depending on their business concept, the age of the children that they care for and regulations in their area. Use the following as a guideline only and do your own research at the local level.

Basic Elements of an Agreement

Any daycare contract or agreement should set out the parties that are involved clearly. Include a space at the top for the names of both parents or guardians and for the name and date of birth of the child. On the last page of the agreement there should be several lines prepared for both parents and the caregiver or daycare center director to sign their names and to write the date. As well as signing the last page of the agreement parents should also sign each page with their initials to show that they agree with the entire document. Make sure that you print out two copies of the contract so that each party has their own original version.

Daycare Service Details

Describe the services that you offer in detail so that parents know exactly what they are getting for their money. Include details on the days and times that your business operates and if you are open on public holidays. If you close your daycare down at certain times of the year for your personal vacation then make this clear. Also make it clear if you provide meals.

The contract should include the date that the child will start at your daycare center as well as the duration of any probationary period that you may have. A probationary period gives you and the parents a chance to see how your daycare works out for their son or daughter.

Give parents as much information about your policies in the agreement as possible. However, if your policies are too extensive then you can always refer parents to a separate handbook.

Fees and Payment Conditions

Give parents accurate details of the deposit, enrolment fee and monthly fees that they are expected to pay. Break these fees down if possible and let them know if some of them are optional. Also let them know when payments are due and the policies that you have regarding late payments. Set out a list of payment methods that you accept.

Reassure Parents

Some clauses of the agreement should reassure the parent and make them feel good about entering into a daycare arrangement with you. Such clauses should include details on health and safety, how you deal with accidents and illness and how the children in your care are disciplined. Include a confidentiality clause that states that you will keep all personal information about a family that you have on record private. Also note that your center is licensed if this is indeed the truth and that you follow all state regulations relevant to daycare.

Gain Consent

As a part of the agreement you should have parents sign a consent form for their children to receive medical treatment if it becomes necessary. There are also many other things that you should get consent for rather than just assuming that they will be OK. You may consider a section of the agreement where parents can check boxes to show what they will consent to. Such things could include permission to use sunscreens or insect repellants or for consent to take photos of the children in your care either for parents or for promotional purposes. You will also need parental consent before a child can ride in any of your daycare vehicles.

Important Information

You may decide to include important information on the child within the agreement. This could include the basics such as the number of siblings or the child's likes and dislikes. You also want parents to disclose any important issues that you should be aware of such as food allergies, medical conditions or behavioural issues.

Let parents know the procedure that they should follow when their children are sick. Also let them know what will happen in the case or sickness or an emergency during the day. Have parents provide emergency contact phone numbers. Require parents to agree to keep children at home if they have certain illnesses that may easily spread to affect other children in your care.

Parental Rights and Obligations

Other clauses should be included in an agreement that protect your interests and let parents know their rights and obligations.

Let parents know what time they are expected to drop off and pick up children and any charges that you have for parents that pick up children late. Let parents know that they have the right to visit their children at any time throughout the day.

Make it clear to parents what you provide in terms of supplies. If you expect them to provide supplies such as diapers, wet wipes, formula or stationery then you should mention this in the agreement.

Set out any other tasks that you expect parents to do before their child starts attending your daycare. You may require them to label all clothing or to have their child bring along extra clothing or other items.

A Contract Exit Option

Both parties will want to have the right to cancel a daycare contract if things are not working out. One clause of the contract should be dedicated to this. Specify how much notice must be given before the agreement can be terminated and make it clear what the obligations of each party are if such a case were to arise.

Waiver

Lastly, you will probably want to include a waiver in the contract. A waiver removes the right for parents to take legal action against you if their son or daughter is injured or has an accident while in your care. This is provided that you and your daycare staff showed an appropriate standard of care and were not negligent in any way.

When you start a daycare business it is essential that you know how to write a daycare contract that is fair and professional. Such an agreement will help you to avoid difficult situations with parents and allow your business to present a professional image. You can also stay safe from legal issues if you have a contract that gives you the protection that you need.

Additional Articles

Daycare Forms, Reports and Standard Letters