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Frequently Asked Questions
Who should use a Child Care Contract?A Child Care Contract allows two parties to enter into an agreement whereby a child care services provider is hired on a contractual basis. It may be used either by parents or by individual or incorporated child care service providers.What does a Child Care Services Agreement cover?Our Child Care Services Agreement covers all of the key issues you need to address including compensation, deposit and cancellations, liability issues and more. It is comprehensive, inexpensive and quick to complete.


Service Details

Describe the services that will be provided:
e.g. Services will include supervision of children, feeding/serving meals to children and engaging children in learning activities

Frequently Asked Questions
Tips for clearly describing the services being providedBe clear and specific when describing the tasks required, and indicate any important dates.

It is good practice to refer to the parties as the ‘Child Care Provider’ and the ‘Client’ as these terms are used consistently throughout the agreement.
A Direct Agreement is a consumer agreement that is negotiated or concluded in person at a client's home or any place other than at a child care provider's place of business, or at a market place, an auction, trade fair, agricultural fair or exhibition.

Child Care Provider Details

Who is providing the services?

e.g. Street, City, State ZIP Code

Frequently Asked Questions
Companies incorporated under the Corporations Act 2001 are assigned an Australian Company Number (ACN). If your ACN is different from the last nine digits of your ABN, then your ACN should also be included in the contract.

Client Details

Who is hiring the Child Care Provider?

e.g. Street, City, State ZIP Code

Frequently Asked Questions
Companies incorporated under the Corporations Act 2001 are assigned an Australian Company Number (ACN). If your ACN is different from the last nine digits of your ABN, then your ACN should also be included in the contract.


Billing Details

The Client will be billed:

an hourly rate


plus sales tax

Facilities provided by Client

Frequently Asked Questions
What kind of facilities?You should include details of any material assistance provided by the Client which will enable the Child Care Provider to perform the service.

This is typically more relevant if the child care will take place in the Client’s home and could include use of a vehicle, home cooked meals etc. If the facility provided forms part of the compensation this should be specified using the ‘other’ selection on the Billing Details page. Use the ‘Add another facility’ button for each separate facility you wish to list.


Frequently Asked Questions
Setting the deposit amountA deposit allows the child care provider book the dates and plan ahead. The appropriate amount usually depends on the payment frequency (i.e. whether payments will be made weekly or monthly).


Late Payments

The Client will pay invoices
within 30 days of receipt

Any late payments will trigger a fee of


per month on the amount still owing.

Frequently Asked Questions
Setting the time to pay an invoiceTypically, 15-30 days is sufficient time to pay an invoice.Setting the late fee amountReasonable late fees are usually between 2-10%.

If you don't want to charge a late fee enter 0% here.

Ending the Contract

If either party wants to end the contract early, written notice of

days must be given.

Frequently Asked Questions
How to choose the right notice periodTypically, one week's notice is sufficient for most short-term contracts. If the contract is for more than a few months, it is better to require notice of at least 15-30 days.Where payment is due when the Services are complete, you may want to address whether a partial payment is appropriate in the event of the contract ending early. This may depend on how much notice you want to stipulate is required, whether the Child Care Provider has done any work or made any investment, or which party is issuing the termination notice. You can add your own clause to deal with this as you see fit later in the questionnaire.



Frequently Asked Questions
What is confidential information?Confidential information refers to any of the Client's business or personal information that is not publicly available.


Do you want to include the following liability clauses?

Frequently Asked Questions
What is a Duty of Care?A “Duty of Care” is a legal term referring to an obligation placed on a party to exercise reasonable care to prevent injury to others.

This provision allows the parties to explicitly state that the child care provider accepts a general duty of care that extends to all reasonable and necessary situations under the contract.
What is Limitation of Liability?This clause operates to limit the liability of the Child Care Provider in the event of any losses, damages or any other liabilities arising out of provision of the Services.

It is important to note that depending on local regulations and particular facts it may not be possible to completely eliminate liability.

Additional Clauses

No additional clauses are needed for most agreements.

Frequently Asked Questions
When should I include an additional clause?This section is optional and should only be used if you wish to include terms that have not already been addressed in the Child Care Contract.The goal is to avoid ambiguity. Use complete sentences and avoid abbreviations.

Avoid using personal names and pronouns (we, us, you, they) and instead use the "Client" or the "Child Care Provider".

Make sure to proofread your clause.
Construction contracts in Texas cannot require a Sub-Contractor to indemnify the General Contractor against harm caused by the General Contractor's own negligence. Nor can a Sub-Contractor be required to carry insurance for that purpose.

Signing Details

Frequently Asked Questions
Does my document need to be witnessed?Most documents and contracts do not require a witness for them to be legally valid. However, many banks and other institutions have their own policies about signing requirements and may refuse to accept documents that are not witnessed regardless of whether they are legally correct.

Also, if there is a possibility of a misunderstanding then you may want to get your document witnessed.
Who can be a witness?Ideally a witness should be an adult who does not have any interest in the document being signed and who is capable of understanding the witnessing process.

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