Daycare Agreement

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					Daycare Agreement
This document is an agreement between a daycare provider and the parents or
guardians of a child for the provision of daycare services for the child. This agreement
provides that for a specified price, the home daycare provider will care for the child. This
document in its draft form contains standard clauses commonly used in these types of
agreements. Additional language may be added to allow for customization to ensure
that the specific terms of the parties’ agreement are addressed. Daycare businesses
can use this form when providing daycare services.
                                       DAYCARE AGREEMENT

THIS DAYCARE AGREEMENT (hereinafter referred to as the “Agreement”) is made and
entered into as of __________________, [Instructions: Insert the date of this agreement] by
and between ________________________ [Instructions: Insert the Daycare Provider’s
name]       (hereinafter    referred    to   as     the     “Daycare       Provider”),   of
_________________________________ [Instructions: Insert the Daycare Provider’s
address] and ________________________ [Instructions: Insert the Parent’s name]
(hereinafter referred to as the “Parent”), of _________________________________.
[Instructions: Insert the Parent’s address]

WHEREAS, the Parent desires for Daycare Provider to provide child care for the children
(“Children”) identified in Exhibit “A,” attached hereto and incorporated herein, at Daycare
Provider’s place of business at _________________________________; [Instructions: Insert
the address where the daycare services will be provided] and

WHEREAS, subject to the terms and condition contained herein, the Daycare Provider desires
to provide such child care.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
below, it is hereby covenanted and agreed by the parties as follows:

1.       Child Care.

       a.      Hours. The Daycare Provider’s place of business shall be open and available to
provide care for the Children at the days and times identified in Exhibit “B,” attached hereto and
incorporated herein.

        b.      Child Care Services. While the Children are at the Daycare Provider’s place of
business, Daycare Provider shall perform such other duties as are customary performed by day
care provider, including, without limitation (i) putting the absolute safety of the Children first
before any other responsibilities; (ii) tending to the Children's basic needs; (iii) supervising and
participating in activities with the Children, including, but not limited to: games, playground
time, reading to Children, and organized activities that lead to development in social skills or
educational value; (iv) providing a clean, safe and secure child care environment.

2.      Term and Termination. Daycare Provider shall provide child care for the Children on an
“at will” basis. This Agreement may be terminated by either party, at any time, for any reason,
on the giving of __________ (___) [Instructions: Insert number of days] days written notice to
the other party.

3.     Fee. As full compensation for all services provided for herein, Parent shall pay Daycare
Provider a fee of __________ Dollars ($_____) [Instructions: Insert amount] per
[Instructions: Choose one] hour that childcare services are rendered /// day that childcare
services are rendered (regardless of duration of care during said day) /// calendar week ///




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calendar month (the “Fee”). Parent agrees to pay the Fee within __________ (___)
[Instructions: Insert number of days] days of receiving Daycare Provider’s itemized invoice.
In the event Parent fails to pay any portion of the Fee as contemplated hereunder, Daycare
Provide shall have the right to cease the daycare services until such time that Parent pays the
unpaid Fee amount, and/or terminate the Agreement. Additionally on all unpaid Fee amounts
Parent shall be charged a late payment fee, which shall be equal to __________ Dollars ($_____)
[Instructions: Insert amount] per month that the unpaid Fee amount remains unpaid.


4.     Drop-off and Pick-up. The persons identified in Exhibit “C,” attached hereto and
incorporated herein, are authorized by Parent to drop-off and pick-up the Children (each an
“Authorized Person”). Parent shall provide Daycare Provider with advance notice if Parent
desires for any person besides Parent or an Authorized Person to drop-off or pick up the
Children.

5.     Emergencies. Prior to commencement of Daycare Provider’s service’s hereunder, Parent
shall provide Daycare with the emergency contact information and medical information
requested in Exhibit “D,” attached hereto and incorporated herein. In the case of an emergency
Daycare Provide shall use best efforts to go to the Children’s primary physician and/or obtain
healthcare services from an emergency service covered by the applicable insurance provider.
Notwithstanding the foregoing, it is expressly understood that Daycare Provider shall not be
responsible for any cost or expenses in connection with any medical care provided to the
Children and Parent hereby indemnifies and holds Daycare Provider harmless from such costs
and expenses.

6.       Sick Children.

        a.      For the wellness of all of Daycare Provider’s clients, Children that are sick shall
not be admitted to the Daycare Provider’s place of business. Parent agrees to inform Daycare
Provider of any illness that Children may have, so Daycare Provider can properly inform other
clients of any potential risks of illness.

        b.      In the event that the Children develop symptoms of a sickness while at the
Daycare Provider’s place of business, Daycare Provider shall contact Parent, and Parent agrees
to pick the Children up as soon as possible. Daycare Provider may isolate the Children from its
other clients until the Parent picks up the Children.

7.     Damage to Property. It is expressly understood that Parent shall be liable for any damage
caused by Children, whether accidental or intentional, to any property at Daycare Provider’s
place of business. The foregoing applies to the Daycare Provider’s property and to the property
of other clients or guests of Daycare Provider. Parent shall make timely payment of the
reasonable price, as determined by Daycare Provider, of the damaged property.

8.       Miscellaneous.




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       a.     This Agreement constitutes the entire agreement between the parties hereto with
respect to the specific subject matter hereof and supersedes all prior agreements or
understandings of any kind with respect to the specific subject matter hereof.

       b.       In the event that any provision or part of this Agreement shall be deemed void or
invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and
remain in full force and effect.

         c.     Any modification to this Agreement must be in writing and signed by the parties
or it shall have no effect and shall be void.

        d.      This Agreement is not assignable or transferable by either party, in whole or in
part, without the prior written consent of the non-assigning party.

        e.      Any notice required or permitted to be given to Daycare Provider shall be
sufficiently given if delivered to Daycare Provider personally or if mailed by certified mail,
return receipt requested to Daycare Provider’s address last known to Parent. Any notice required
or permitted to be given to Parent shall be sufficiently given if delivered to Parent personally or
if mailed by certified mail, return receipt requested to Parent’s home.

       f.      No failure by either party to pursue any remedy resulting from a breach of any
provision of this Agreement by the other party shall be construed as a waiver of that breach or as
a waiver of any subsequent or other breach unless such waiver is in writing and signed by an
authorized representative of the non-breaching party.

       g.     This Agreement shall be governed in accordance with the laws of the State of
__________________, [Instructions: Insert the state’s laws that will govern this agreement]
applicable to agreements to be wholly performed therein, without giving effect to its laws
governing conflict of laws.

IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.

PARENT:                                                          DAYCARE PROVIDER:



__________________________                                       __________________________
__________ [Instructions: Insert name]                           __________ [Instructions: Insert name]




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                                                   EXHIBIT “A”

                                                    CHILDREN

Name                           Birthdate             Special Needs           Allergies
__________                     __________            __________              __________
[Instructions: Insert          [Instructions: Insert [Instructions: Insert   [Instructions: Insert
Child Name]                    Child Birthdate]      Special Needs, If       Allergies, If any]
                                                     any]
__________                     __________            __________              __________
[Instructions: Insert          [Instructions: Insert [Instructions: Insert   [Instructions: Insert
Child Name]                    Child Birthdate]      Special Needs, If       Allergies, If any]
                                                     any]
__________                     __________            __________              __________
[Instructions: Insert          [Instructions: Insert [Instructions: Insert   [Instructions: Insert
Child Name]                    Child Birthdate]      Special Needs, If       Allergies, If any]
                                                     any]
__________                     __________            __________              __________
[Instructions: Insert          [Instructions: Insert [Instructions: Insert   [Instructions: Insert
Child Name]                    Child Birthdate]      Special Needs, If       Allergies, If any]
                                                     any]




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                                                   EXHIBIT “B”

                                       DAYCARE PROVIDER HOURS

                              Day                Opening Time Closing Time
                              Sunday             __:__ am     __:__ pm

                              Monday             __:__ am                 __:__ pm

                              Tuesday            __:__ am                 __:__ pm

                              Wednesday          __:__ am                 __:__ pm

                              Thursday           __:__ am                 __:__ pm

                              Friday             __:__ am                 __:__ pm

                              Saturday           __:__ am                 __:__ pm


                                                       Holidays

Notwithstanding anything to the contrary, Daycare Provider’s place of business shall be closed
on the following dates:

__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]
__________ [Instructions: Insert date]




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                                                   EXHIBIT “C”

    PERSON AUTHORIZED TO DROP-OFF AND PICK-UP CHILDREN (EACH AN
                      “AUTHORIZED PERSON”)

Name                                     Driver’s License #               Relation to Children/Parent
__________ [Instructions:                __________ [Instructions:        __________ [Instructions:
Insert Name]                             Insert License #]                Insert Relation]

__________ [Instructions:                __________ [Instructions:        __________ [Instructions:
Insert Name]                             Insert License #]                Insert Relation]

__________ [Instructions:                __________ [Instructions:        __________ [Instructions:
Insert Name]                             Insert License #]                Insert Relation]

__________ [Instructions:                __________ [Instructions:        __________ [Instructions:
Insert Name]                             Insert License #]                Insert Relation]

__________ [Instructions:                __________ [Instructions:        __________ [Instructions:
Insert Name]                             Insert License #]                Insert Relation]




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                                                   EXHIBIT “D"

                                      EMERGENCY INFORMATION

1.       Emergency Contacts.

Name                     Work Phone               Cell Phone              Email                Relation to
                                                                                               Child/Parent
__________               __________               __________              __________           __________
[Instructions:           [Instructions:           [Instructions:          [Instructions:       [Instructions:
Insert Name]             Insert Phone]            Insert Phone]           Insert Email]        Insert Relation]
__________               __________               __________              __________           __________
[Instructions:           [Instructions:           [Instructions:          [Instructions:       [Instructions:
Insert Name]             Insert Phone]            Insert Phone]           Insert Email]        Insert Relation]
__________               __________               __________              __________           __________
[Instructions:           [Instructions:           [Instructions:          [Instructions:       [Instructions:
Insert Name]             Insert Phone]            Insert Phone]           Insert Email]        Insert Relation]


2.       Medical Information.

         a.       Primary Physician.

Name                           Address                        Phone                        Email
__________                     __________                     __________                   __________
[Instructions: Insert          [Instructions: Insert          [Instructions: Insert        [Instructions: Insert
Name], M.D.                    Address]                       Phone]                       Email]

         b.       Insurance Company. __________ [Instructions: Insert Insurance Company]

         c.       Insurance Policy Number. __________ [Instructions: Insert Policy No.]

         d.       Insurance Policy Holder. __________ [Instructions: Insert Name]




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Description: This document is an agreement between a daycare provider and the parents or guardians of a child for the provision of daycare services for the child. This agreement provides that for a specified price, the home daycare provider will care for the child. This document in its draft form contains standard clauses commonly used in these types of agreements. Additional language may be added to allow for customization to ensure that the specific terms of the parties’ agreement are addressed. Daycare businesses can use this form when providing daycare services.