Daycare (Child Care) Contract Template

If you offer daycare services then protect your legal rights with a daycare contract.

Updated May 10, 2024
Written by Sara Hostelley | Reviewed by Brooke Davis

A Daycare (Child Care) Contract is a crucial tool to ensure a clear understanding and positive experience for everyone involved. Whether you’re a parent or a daycare provider, this document must clarify both parties’ expectations, responsibilities, and obligations, ensuring the child’s safety and well-being and avoiding potential disputes or misunderstandings.

What Is a Daycare Contract?
Who Uses a Daycare Contract?
Why Use a Daycare Contract?
What To Include in a Daycare Contract
Daycare Contract Sample

What Is a Daycare Contract?

A daycare contract is a legal agreement between a childcare provider and parents or guardians that outlines the terms and conditions under which daycare services will be provided.

Some daycares are owned by independent contractors who work for themselves. Others hire employees to care for children as part of their business.

Daycares primarily offer group childcare services where parents drop off their children for the day. This is mainly during the workweek, but a daycare can provide weekend and evening services.

Who Uses a Daycare Contract?

Parents/Guardians: Primarily those seeking daycare services for their children, whether for the first time or switching providers.
Daycare Providers: Individuals or businesses offering childcare services, seeking to create or improve their contractual agreements.
Legal Professionals: Lawyers specializing in family law or contract law seek resources for their clients.

Why Use a Daycare Contract?

A daycare contract puts your agreements in writing. This prevents confusion about what the daycare offers and what it must do. Here are the primary uses of a daycare contract:

Defines the Scope of Services – Details the specific childcare services to be provided, including the days and hours of operation and any additional services offered (e.g., meals, educational activities, etc.).
Establishes Rules and Policies – Sets forth the daycare’s policies on various matters, such as drop-off and pick-up times, illness, holidays, and other logistical details.
Clarifies Termination Conditions – Describes the circumstances under which either party can terminate the contract, including notice requirements and other related terms.
Addresses Liability and Safety Concerns – Provides information on liability issues, safety policies, and emergency procedures to ensure the child’s well-being while in the care of the daycare provider.
Details Specific Care Requirements – Includes information about special care requirements or considerations for the child, such as dietary restrictions, allergies, or medical conditions.

Terminating a daycare contract should be handled thoughtfully and legally to ensure that both parties – the parents or guardians and the daycare provider – are notified with a termination letter and that it is carried out per the terms and conditions stipulated in the contract.

What To Include in a Daycare Contract

Parties information: name, address, contact information, and more.
Child’s information: name, date of birth, any special needs or medical conditions.
Scope of services: hours of operation, meals/snacks, activities, transportation, etc.
Fees and payment terms: hourly/daily/weekly rates, late fees, deposit requirements.
Termination policy: notice periods, reasons for termination, refund policy.
Liability and insurance provisions: A daycare contract provides the standard legal language to protect yourself or your business with these standard provisions.
Dispute resolution mechanism.
Signatures: Each party must sign the agreement, or it may be invalid.