Daycare Contract
Jim Clark Co
Free Template
Care with Confidence: Create detailed daycare contracts to set clear expectations, build trust, and ensure a safe and nurturing environment for children.
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A Daycare Contract is a legal agreement between a childcare provider and a parent or guardian that outlines services like hours of care, fees, late-pickup policies, medical information, and emergency procedures. It also defines termination terms, required signatures, and provider responsibilities.
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With a daycare contract, think peace of mind! It's a clear agreement between parents and providers, outlining everything from naps to pick-up. Happy kids equal happy parents - that's a win all around!

Daycare contracts aren't just formalities; they're like a map guiding everyone on the childcare journey.
Here are some common terms you'd include in a daycare contract to make sure everyone's on board:
Including these clauses in the daycare contract will create a clear and secure roadmap for a successful and happy childcare experience for the kiddo, their family, and the daycare team!

Every daycare, from bustling centers to cozy home-based care, needs to follow rules to ensure a child's safety. These can vary by location, but here's a quick rundown of the key requirements:
The cost of daycare can feel complex and confusing! But worry not, here's a breakdown to help decipher the pricing:
Remember, these are averages, and prices can vary based on location and the type of daycare.

Did you know daycare expenses might qualify for tax relief? The Child and Dependent Care Credit in the US helps reduce the tax burden for parents. Here's how it works:
Work Makes the Credit Go Round: The expenses must be used so the parent (or their partner) can work or actively look for work.
Licensed Daycare Only: The childcare provider needs to be a licensed daycare facility. Think of it as a quality assurance check!
If these requirements are met, a percentage of the daycare costs can be claimed as a tax credit, lowering the overall tax bill. It's a win for working parents and their young ones in need of quality care! Remember, tax laws can be complex, so consulting a tax professional is always recommended to maximize potential savings.
Need somewhere to start for your Daycare Contract? Simplify the process with Butterscotch's customizable templates! Here's why you'll love us:
Jim Clark Co
Jim Clark Co.
This Daycare Contract (the "Agreement") is entered into as of (the "Effective Date") by and between: (the "Parent/Guardian"); and
with its main business at .
(the "Provider") (each referred to individually as a "Party" and together as the "Parties").
1. Contact Information
The Parties’ contact and identification details are provided below. Each Party must promptly notify the other in writing of any change to the information listed in this section.
(i) Provider
Provider: Phone:
Email:
(ii) Parent/Guardians
1) Name: Phone:
Email: Preferred Contact:
Address:
Relationship to Child:
2) Name: Phone:
Email: Preferred Contact:
Address:
Relationship to Child:
(iii) Authorized Pickups
1) Name: Phone:
2) Name: Phone:
(Valid Photo ID required at every pickup unless otherwise confirmed in writing by the Provider.)
Only a listed Parent/Guardian or Authorized Pick-Up may collect the child(ren). Children may be released only to authorized adults designated in writing by the Parent/Guardian. Any temporary or alternate pick-up must be confirmed in writing by the Parent/Guardian and acknowledged by Provider before release of the child(ren). The Parent/Guardian must promptly provide any court order or written notice affecting custody or pickup rights, and the Provider is entitled to rely in good faith on the most recent valid documentation on file.
(iv) Emergency Contacts
1) Name: Phone:
Relationship to Child:
2) Name: Phone:
Relationship to Child:
(v) Child or Children Enrolled
1) Name: DOB:
Start Date: Age Group/Classroom:
2) Name: DOB:
Start Date: Age Group/Classroom:
2. Hours and Closures
(i) Hours. Care is offered on the days from to ; drop-off is at and pick-up is at . Late pickup after minutes incurs a fee (see the Fees and Payments Section). Repeated late pickups may result in termination of the Agreement.
(ii) Closures. The Provider may close for severe weather, public health orders, utility outages, illness, planned personal days or holidays. The Parent/Guardian will receive days’ notice for planned closures when possible. Prepaid tuition during unplanned closures will be, as selected: credited in full; partially credited at %; non-refundable. If closure lasts more than consecutive days, either party may terminate the contract without penalty, and any unused prepaid tuition will be refunded in full. Closures required by government or health authority orders shall not be considered Provider default, and tuition shall be credited or adjusted as selected above.
3. Fees and Payments
(i) Tuition, Deposits, and Other Fees. The Parent/Guardian agrees to pay the following as applicable:
Tuition: $ per , due on .
Deposit/Enrollment Fee: $, due at signing. It is: refundable; non-refundable.
Provider may adjust tuition rates with days’ written notice.
The Parent/Guardian agrees to pay the following selected fees provided below:
Field Trip Fee: $
Other Fees: of $
Late Tuition Fee: $ or % if payment is more than days late.
Returned Payment Fee: $ for any payment returned or rejected by the bank.
Late Pickup Fee: $ per minutes after the scheduled pickup time. Repeated late pickups may result in termination.
Tuition and other fees may be paid through: .
(iii) Absence Policy. During a child’s absence (including illness, vacation, or personal reasons), tuition is:
Still due in full: The child's spot reserved.
Reduced by %: The child's spot reserved.
Not due (no charge): The child's spot reserved.
By initialing, the Parent/Guardian acknowledges and consents to the terms of this Section:
4. Health and Illnesses
(i) Illnesses. Children must stay home (or will be sent home) for: fever above °F, vomiting/diarrhea within hours, or contagious conditions per health guidance. The Provider reserves the right to determine, in their discretion, when a child must be picked up due to illness. The child's return requires being symptom-free for hours plus doctor’s note if requested.
(ii) Medication, Immunizations, and Health. Medication will only be given with a signed authorization form and must be in its original packaging. The Parent/Guardian is required to provide up-to-date immunization records as required by law and must notify the Provider if their child has been exposed to a communicable disease. Failure to provide current immunization or health records as required by law may result in suspension or termination of care.
(iii) Allergies and Dietary Needs. The Parent/Guardian must disclose any allergies or dietary restrictions here:
.
If specific instructions are required (such as separate meal preparation or the use of an EpiPen or other medication), the Parent/Guardian must provide written details here:
.
The Provider is not responsible for reactions or incidents resulting from undisclosed allergies or incomplete information. Once an allergy or restriction is disclosed, the Provider will make reasonable efforts to follow the agreed handling plan. The Parent/Guardian must promptly update the Provider about any changes to allergies, diet, or medical conditions. By initialing, the Parent/Guardian acknowledges and consents to the terms of this Section:
5. Medical Authorization
The Parent/Guardian authorizes the Provider, and any employee or agent acting under the Provider’s supervision, to obtain emergency medical care or treatment for the enrolled child(ren) if the Parent/Guardian cannot be reached promptly. This authorization includes transportation to the nearest suitable medical facility and consent for examination or treatment deemed necessary by licensed medical personnel. The Parent/Guardian agrees to be responsible for any resulting medical expenses and releases the Provider and any assisting medical personnel from liability for treatment rendered in good faith under this authorization.
By initialing, the Parent/Guardian acknowledges and consents to the terms of this Section:
6. Licensing and Compliance
The Provider represents and warrants that they hold all licenses, permits, and certifications required by state and local law to operate a childcare program and must maintain them in good standing throughout the term of this Agreement. The Provider must comply with all applicable health, safety, childcare, and recordkeeping regulations. The Provider must take prompt steps to remedy any issue affecting compliance. If any required license, permit, or certification is suspended, revoked, expired, or otherwise restricted, the Provider must promptly notify the Parent/Guardian in writing and take immediate steps to restore compliance. The Provider’s failure to maintain compliance as required by this Section constitutes grounds for immediate termination by the Parent/Guardian without penalty.
7. Behavior, Safety & Mandatory Reporting
The Provider must use age-appropriate positive guidance; no physical punishment or humiliation. Unsafe or persistent disruptive behavior (examples: biting, hitting, repeated refusal to follow safety rules) may lead to a written plan and, if unresolved, lead to termination. The Provider must comply with mandatory reporting laws and may report suspected child abuse or neglect without notice.
8. Daily Care and Routine
(i) The Parent/Guardian must provide labeled age-appropriate items (e.g., clothing, diapers, wipes, bottles, formula). If required items are missing, the Provider may replace them and request reimbursement at cost. Prohibited items include . Repeated violations may result in termination of care.
(ii) Meals and snacks will be provided by the Provider, the Parent/Guardian, or . Rest or nap time occurs daily. Safe-sleep practices are always followed, including the use of cribs or cots, infants placed on their backs, and no soft bedding. The Parent/Guardian must provide labeled bedding when requested. Diapering is performed using hygienic procedures. Potty training will be coordinated with the Parent/Guardian based on each child’s readiness.
9. Curriculum & Play
The program emphasizes developmentally appropriate learning in the areas of social-emotional growth, language, early math and science, art, music, and free play. The curriculum or framework, if any, is , and a sample schedule is available upon request. The Provider does not guarantee specific educational outcomes or developmental progress.
10. Outdoor Play & Field Trips
(i) Outdoor play is part of the regular program, weather permitting. The Parent/Guardian must provide weather-appropriate clothing and sunscreen. The Parent/Guardian may give general consent for supervised walks immediately surrounding the daycare premises (e.g., on sidewalks or to nearby green spaces within blocks) by selecting: Yes (Initial here to consent: ) or No. Off-site field trips will always require trip-specific permission.
(ii) Supervision and transportation, when applicable, will meet all state childcare safety and staffing requirements. Car seats or boosters must meet current safety standards and will be provided by the
Parent/Guardian; Provider. If supplied by the Parent/Guardian, seats must be labeled and in good condition. The Provider is not responsible for defects in Parent/Guardian-provided equipment.
11. Records, Privacy & Media
The Provider maintains enrollment, attendance, incident, and health records; access to these records is limited to the Provider's staff, the Parent/Guardian(s) of the child(ren), and regulatory authorities as required by law. The Provider shall keep all child and family information confidential and may disclose it only as required by law or with written consent.
The Parent/Guardian may also choose whether to allow photo or video use as follows:
For any of the above, the Parent/Guardian's consent may be withdrawn at any time by giving written notice to the Provider, and withdrawal applies going forward.
12. Termination
(i) Termination With Notice. Either Party may terminate the contract with days’ written notice without
penalty. Upon termination, any unused prepaid tuition will be . Termination becomes effective at the end of the notice period unless otherwise agreed in writing.
(ii) Immediate Termination. The Provider may terminate care immediately for nonpayment, repeated late payments, repeated policy violations, unsafe conduct by a child or Parent/Guardian, or other behavior that endangers staff or children, or as otherwise permitted by applicable childcare or consumer-protection laws.
(iii) Termination Without Notice. If the Parent/Guardian withdraws without notice, tuition for the required notice period of days is still due, as the tuition secures the child’s spot regardless of whether the child attends. The deposit is .
13. Unforeseen Events, Liability, and Indemnification
The Provider must maintain appropriate liability insurance as required by state law. The Parent/Guardian understands and agrees that ordinary minor injuries (such as small cuts, bruises, or scrapes) may occur in the normal course of safe play, and such minor injuries are not considered negligence by the Provider. Neither Party is liable or in default for any delay or failure to perform obligations under this Agreement caused by events beyond their reasonable control, including natural disasters, pandemics, government orders, utility outages, or other acts of God. The Provider’s total liability under this Agreement shall not exceed the total tuition paid in the preceding months. The Parent/Guardian understands and accepts that minor, non-negligent injuries or incidents may occur as part of normal childcare activities and assumes that ordinary risk. The Parent/Guardian shall indemnify and hold harmless the Provider from any claim, loss, or expense arising from the Parent/Guardian’s failure to provide accurate information, to disclose health or behavioral issues, or to comply with this Agreement.
14. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of the State of , excluding its conflict-of-law rules. The Parties shall first attempt in good faith to resolve any dispute, claim, or disagreement (“Dispute”) arising under or relating to this Agreement through direct discussion. If a Dispute is not resolved within 15 days, either Party may file an action in small-claims court or any other court of competent jurisdiction located in , . Each Party shall bear its own attorneys’ fees and costs unless otherwise required by law or ordered by the court. Nothing in this Section limits either Party’s right to seek emergency relief or to file a complaint with any regulatory or licensing authority.
15. Exhibits
Any exhibits, schedules, policies, or other supporting documents attached to or listed below are deemed incorporated into and form part of this Agreement ("Exhibits"). Each Exhibit is binding only if signed or initialed by both Parties, or if this Agreement clearly refers to it as incorporated by reference. If any Exhibit conflicts with this Agreement, the terms of this Agreement control unless the Exhibit specifically states otherwise.
16. Miscellaneous
(i) Interpretation. Headings are for convenience only and do not affect interpretation. Words in the singular include the plural where the context allows.
(ii) Fallback Definition. Terms such as “Provider,” “Parent/Guardian,” and “Exhibit” have the meanings given in this Agreement. References to any attached or listed exhibit include any document of the same subject matter that is clearly identified as part of this Agreement.
(iii) Entire Agreement and Amendments. This Agreement, including all attached Exhibits, is the full and final agreement between the Parties. It replaces any earlier or separate agreements, whether written or verbal, about the same subject. Any change to this Agreement must be made in writing and signed by both Parties. Each signed copy is considered an original, and together all copies make one binding Agreement.
(iv) Assignment. No Party may assign this Agreement without the other’s written consent, except to a successor by merger, reorganization, or sale of substantially all assets, provided the successor expressly assumes all obligations in writing.
(v) Waiver and Severability. This Agreement binds only the Parties and creates no rights for third parties. If any provision is held invalid or unenforceable, the remainder remains in effect. Failure to enforce any term once does not waive future enforcement.
(vi) Notices. All notices must be in writing and delivered by hand, courier with proof of delivery, certified or registered mail with return receipt, or by email to the most recently designated address. Notice is effective upon confirmed delivery or successful email transmission without bounce-back.
(vii) Signatures. By signing, the Parties agree to be bound by this Agreement. Electronic or scanned signatures are deemed originals and fully enforceable.
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