Service Contract Daycare
This Daycare (Child Care) Contract (the "Contract") is entered into on [Effective Date](the "Effective Date") by and between the following parties: [Many Parents Are Parties], an individual having their usual place of living at [Name](the "Parent"), and [Address], an individual having their usual place of living at [City](the "Child Care Provider"), collectively referred to as the "Parties" and individually as the [State]"Party".
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein and upon other good and valuable consideration, the Parties have agreed as follows:
SUBJECT TO THE CONTRACT
This Contract governs the terms and conditions of providing childcare services for the Parent by the Child Care Provider as specified below:
This Contract shall be for the following child:
- Child's name [ZIP Code]; date of birth [Name].
Hereinafter referred to as the "Child".
CHILD CARE SERVICES
The Child Care Provider agrees to supply the necessary daily care to the Child. Such daily care shall include but not be limited to constant supervision, viewing social engagements, promoting good behavior, and any of the following services:
Hereinafter referred to as the "Services".
SCHEDULE OF SERVICES
The Child Care Provider shall provide their Services to the Child in accordance with the following weekly schedule:
Days / Start time / End time: Monday [Start time] – [End time]; Tuesday [Start time] – [End time]; Wednesday [Start time] – [End time]; Thursday [Start time] – [End time]; Friday [Start time] – [End time]; Saturday [Start time] – [End time]; Sunday [Start time] – [End time].
PAYMENT TERMS AND PROCEDURE
The Family shall pay the Child Care Provider a compensation of [Hourly rate] per hour (the "Compensation"), which shall be paid daily.
The Compensation shall be inclusive of the actual hours worked.
Any applicable taxes are included in the Compensation, and the Child Care Provider is responsible for reporting their wages to the IRS and the State.
All payments will be made in cash.
OVERTIME SERVICES Late pickup. If the Parent is more than [Number of minutes] minutes late after the Child's pickup time mutually agreed by the Parties, a late pickup fee of [Late Pickup Fee] shall be paid to the Child Care Provider (the "Late Pickup Fee"). Overtime care (with approval). If the Parent has received approval from the Child Care Provider for overtime care of the Child, the Child Care Provider shall provide such care at a rate of [Hourly rate] per hour. Overtime care (without approval). If the Parent has not received approval from the Child Care Provider for overtime care of the Child, the Child Care Provider shall provide such care at a rate of [Hourly rate] per hour.
VACATION AND HOLIDAYS
The Child Care Provider shall be entitled to [Number of days] day(s) of vacation per month.
The following vacation times shall be provided to each Party:
Parent's vacation. The Parent must provide at least [Number of days] day(s) notice before their Child is on vacation, and the Services are not required. During the Parent's vacation, the Parent is:
Required to pay the full amount of the Compensation to the Child Care Provider.
Child Care Provider's vacation. The Child Care Provider must give at least [Number of days] day(s) notice before vacationing. During the Child Care Provider's vacation, the Parent is:
Required to pay the full amount of the Compensation to the Child Care Provider.
Holidays. The Parties acknowledge and agree that the Child Care Provider will not be available on the following national holidays:
During the above-mentioned holidays, the Parent is:
Required to pay the full amount of the Compensation to the Child Care Provider.
The Child Care Provider shall be entitled to [Number of days] day(s) of sick leave per month. During the Child Care Provider's sick leave, the Parent is: Required to pay the full amount of Compensation to the Child Care Provider.
TERM AND TERMINATION
The Services under this Contract shall commence on the Effective Date (the "Commencement Date") and terminate [Termination date].
Either Party may terminate this Contract preliminary without prior written notice to the other Party in case of violation of the terms of this Contract by the other Party and failure to cure such violation within a reasonable period upon request of the other Party. In case of such preliminary termination, the Parent shall pay for all the Services duly provided by the Child Care Provider.
CONFIDENTIALITY The Parties agree to keep all information disclosed during this Contract confidential and not to share such information with any third party unless required by law. The Parties agree not to use the confidential information for any purpose other than what is necessary to fulfill their obligations under this Contract. This clause shall survive the termination or expiration of this Contract.
NOTICE
Any notice, request, demand, or other communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to the other address as one Party may have furnished in writing, or to email addresses set forth below:
If to the Parent: If to the Child Care Provider:
GOVERNING LAW AND DISPUTE RESOLUTION
This Contract shall be governed by and interpreted in accordance with the laws of the State of [Governing law], and any disputes arising out of or in connection with this Contract shall be exclusively resolved by the courts of the State of [Jurisdiction].
ADDITIONAL TERMS [Often Should Hourly Rate].
SEVERABILITY
The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.
ENTIRE AGREEMENT
This Contract represents the entire agreement between the Parties and supersedes any prior oral or written agreements.
WAIVER
No failure or delay by the Party to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
AMENDMENTS
This Contract may be amended or modified only by a written arrangement signed by both Parties.
BINDING EFFECT
This Contract shall be binding upon the Parties and their respective successors and assigns according to the federal, state, and local law requirements. Neither Party may assign this Contract or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Service Contract Daycare?
A Service Contract Daycare in the United States governs the relationship between the parties by fixing what each must do.
Childcare services are heavily regulated at the state level. Every state requires daycare centers and family daycare homes to obtain a license from the state's Department of Children and Family Services (or equivalent agency) and comply with staff-to-child ratio requirements, background check mandates, facility safety standards, and minimum training hours for caregivers. The Child Care and Development Block Grant Act (CCDBG Act), reauthorized in 2014, established federal baseline standards for health, safety, and provider qualifications that states must incorporate into their licensing frameworks.
Beyond licensing requirements, the contract establishes the legal relationship between provider and parent. It protects the provider from liability disputes by documenting consent for emergency medical treatment, authorized pickup persons, and behavioral policies. It protects parents by establishing the standard of care expected, tuition payment obligations, and the process for addressing complaints or withdrawing the child. State consumer protection laws may also require specific disclosures in childcare contracts, including refund policies and complaint filing procedures.
When Do You Need a Service Contract Daycare?
When enrolling a child in a licensed daycare center, family daycare home, or preschool program, the contract formalizes the terms before the child's first day and is typically required by state licensing regulations as part of the enrollment process.
When hiring an individual nanny or in-home childcare provider, a contract establishes the employment or independent contractor relationship, work schedule, compensation, duties, household rules, and termination procedures. The IRS considers household employees earning over $2,700 annually (2024 threshold) subject to "nanny tax" obligations under the Federal Insurance Contributions Act (FICA).
When a parent requires after-school care, summer camp enrollment, or part-time childcare that operates on a different schedule or fee structure than full-time enrollment.
When a provider accepts children who receive state childcare subsidies under the Child Care and Development Fund (CCDF), the contract must align with the subsidy program's requirements regarding co-payments, attendance reporting, and rate schedules.
When a child has special medical needs, allergies, or disabilities that require individualized care plans. The Americans with Disabilities Act (ADA) Title III requires childcare centers to make reasonable accommodations for children with disabilities.
When parents share custody and both need to be listed on the contract with clear authorization regarding pickup rights, emergency contacts, and communication protocols to confirm the provider is protected against unauthorized removal disputes.
What to Include in Your Service Contract Daycare
Child and parent information must include the child's full legal name, date of birth, and any known medical conditions or allergies. Both parents' or guardians' names, contact information, and custody status should be documented. If a custody order restricts one parent's access, the provider must have a copy on file.
Hours of operation and schedule define the days and times care is provided, early drop-off and late pickup policies, and any additional fees for extended hours. Late pickup fees are standard -- typically $1-$5 per minute after the scheduled pickup time -- and serve as both a deterrent and compensation for staff overtime.
Tuition and fee structure must specify the weekly or monthly rate, payment due dates, accepted payment methods, late payment penalties, and any additional charges for registration, supplies, field trips, or meals. The contract should state whether tuition is due regardless of absences, holidays, or provider closures.
Authorized pickup and release procedures list all individuals permitted to pick up the child, require photo identification verification, and establish the protocol for adding or removing authorized persons. This provision is critical for child safety and provider liability protection.
Illness and health policies define the circumstances under which a child must be kept home (fever thresholds, contagious conditions), the notification procedure for illness during care, and medication administration protocols. Most states require written parental consent and physician authorization for any medication administered during daycare hours.
Emergency medical authorization grants the provider permission to seek emergency medical treatment if a parent cannot be reached. This provision should identify the child's physician, preferred hospital, insurance information, and any medical conditions or medications relevant to emergency responders.
Discipline and behavioral policies outline the provider's approach to behavior management, prohibited disciplinary methods (corporal punishment is prohibited by licensing regulations in all states), and the process for addressing ongoing behavioral concerns including potential disenrollment.
Termination and withdrawal provisions establish the notice period required from either party (typically 2-4 weeks), the circumstances justifying immediate termination (safety threats, non-payment), and any refund policy for prepaid tuition.
Liability and insurance disclosures should state the provider's liability insurance coverage, any waivers regarding minor injuries inherent to normal childhood play, and the process for reporting and documenting incidents or injuries.
Sources & Citations
Statutory citations link to official government sources.
- Americans with Disabilities ActUS – Cornell LII
- ADAUS – Cornell LII
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Service Contract Daycare (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/business/services/service-contract-daycare
"Service Contract Daycare (United States)." Forms Legal, 2026, https://forms-legal.com/usa/business/services/service-contract-daycare.
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title = {Service Contract Daycare (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/business/services/service-contract-daycare}},
note = {Free legal document template. Based on Uniform Commercial Code (UCC)}
}Also available for these jurisdictions:
Frequently Asked Questions
A Service Contract Daycare is legally binding in the United States once the parties capable of contracting sign it with the intent to be bound under Uniform Commercial Code (UCC). American contract law, drawn from the Restatement (Second) of Contracts and each state's common law, recognizes a Service Contract Daycare as enforceable when it shows offer, acceptance, consideration, and reasonably definite terms. Courts in the state whose law governs the agreement will hold the parties to its written terms unless a party proves fraud, duress, mistake, unconscionability, or that the subject matter is illegal. A signed Service Contract Daycare carries more evidentiary weight than an oral understanding because the writing fixes what each party promised and reduces later disputes over who agreed to what. To strengthen enforceability, the parties should each keep an original signed copy, date their signatures, and complete every blank rather than leaving terms open to interpretation by a judge.
A Service Contract Daycare in the United States must satisfy the core elements of a valid contract: mutual assent shown by offer and acceptance, consideration exchanged between the parties, the legal capacity of each signer, and a lawful purpose. The relevant framework is Uniform Commercial Code (UCC) governs how the document is interpreted and enforced. The writing should clearly identify each party by full legal name, describe the rights and obligations of each side, and state the effective date and any term or expiration. Where one party is a business entity, the person signing should hold authority to bind that entity, such as an officer, manager, or member. Specific states may add formalities for certain agreements, so the parties should confirm local rules before signing. A Service Contract Daycare that omits a material term, leaves the price or duration blank, or fails to identify the parties accurately risks being found too uncertain for a court to enforce.
A Service Contract Daycare does not require notarization or witnesses to be enforceable in most US states, because a commercial contract takes effect when the parties sign it with the intent to be bound. American contract law makes the agreement valid based on offer, acceptance, and consideration rather than on any formal execution ceremony. Notarization is optional but can add evidentiary weight to a Service Contract Daycare by making it harder for a signer to deny the signature later, which is useful for high-value or long-term agreements. Certain contracts within the Statute of Frauds, including those that cannot be performed within one year or that involve the sale of goods of $500 or more under Uniform Commercial Code Section 2-201, must at least be in writing and signed by the party to be charged. For a typical Service Contract Daycare, signatures from both parties, with each keeping a dated original, are sufficient to make the agreement binding and provable.
A Service Contract Daycare can be terminated according to the termination clause it contains, by mutual agreement of the parties, or when one party's material breach excuses the other from further performance. A well-drafted Service Contract Daycare states how either side may end the relationship, for example on written notice of a defined number of days, on completion of the work, or for cause after a chance to cure. Where the contract is silent, US courts may imply a reasonable notice period for ongoing arrangements, but relying on an implied term invites dispute. Termination does not erase obligations that have already accrued, so amounts owed for work performed before termination usually remain payable. Including clear termination, notice, and survival provisions in a Service Contract Daycare that cover confidentiality, payment, and dispute resolution after the contract ends gives both parties certainty about how and when the relationship can be wound down.
A Service Contract Daycare can be amended after signing when all parties agree to the change and record it in writing. Under general US contract principles, an amendment is itself a contract, so it needs the same mutual assent and, in many states, fresh consideration or a signed written modification to be enforceable. The cleanest method is a dated amendment or addendum that identifies the original Service Contract Daycare, states exactly which sections change, and is signed by everyone who signed the original. Striking through or handwriting edits on the signed original invites disputes about who approved the change and when, so a separate written amendment is the preferred approach. Where the agreement contains a 'no oral modification' clause, only a signed writing will alter the terms, and informal promises to change the deal will not bind the parties. Keeping each amendment attached to the original Service Contract Daycare preserves a complete record of the parties' final agreement.
A Service Contract Daycare does not require a lawyer in most routine situations, and many individuals and small businesses prepare one using a clear written template that covers the standard terms. American law does not condition the validity of a Service Contract Daycare on attorney involvement; what matters is that the parties understand the terms and sign voluntarily. Legal review becomes worthwhile when the amounts at stake are large, the relationship is complex, the parties are in different states, or the agreement involves unusual conditions, tax consequences, or rights that are difficult to reverse. An attorney can confirm the document complies with the governing state's law and tailor clauses such as indemnification, dispute resolution, and termination. For straightforward matters, a carefully completed Service Contract Daycare from forms-legal.com gives the parties a solid written record; consulting a licensed attorney remains the safer path whenever the consequences of a mistake would be costly or hard to undo.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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