CHILD CARE AGREEMENT

This Child care Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT THE DATE ON WHICH AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:

[INSERT THE NAME OF THE CLIENT] residing at [INSERT THE ADDRESS OF THE CLIENT] (hereinafter referred to as the “Client” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and 

[INSERT THE NAME OF THE PROVIDER] residing at [INSERT THE ADDRESS OF THE PROVIDER] (hereinafter referred to as the “Provider” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).

The “Client” and the “Provider” together shall be referred to as “Parties” and individually as a “Party”.

WHEREAS

1. The Client is willing to have Child care services from the Provider.
2. The Provider possesses the necessary skills and expertise to perform the child care services as agreed upon by both the parties.
3. The Client and Provider mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
4. The parties are duly authorized and have the capacity to enter into this agreement.
5. Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.

NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:

1. DEFINITIONS
   1.  "Client" refers to an individual engaging the child care services of the provider under this Agreement.
   2. "Provider" refers to an individual who is engaged in providing the Child care services to the Client under this Agreement.
   3. "Services" shall mean the Child care services given by the provider to the Client, as detailed in the Scope of Services.
2. SCOPE OF SERVICES
   1. The services shall be provided at the daycare facility located at [INSERT THE ADDRESS OF THE DAYCARE FACILITY]
   2. The Provider shall provide the following child care services [INSERT THE SERVICES PROVIDED BY THE PROVIDER]
   3. The Provider shall perform the Services diligently and in a professional manner, applying their expertise and best efforts. Any changes or modifications to the Scope of Services must be agreed upon in writing and signed by both parties.
   4. Client acknowledges that the Scope of Services does not include any work beyond the defined services unless explicitly agreed upon in writing and subject to additional fees and terms.
3. DETAILS OF THE CHILD
   1. Name:
   2. Gender:
   3. Age:
   4. DOB:
   5. [INSERT ANY OTHER SPECIAL NEEDS OR MEDICAL CONDITIONS]
4. CONTACT DETAILS OF THE CLIENT
   1. Name:
   2. Contact No;
   3. Address;
   4. Emergency Contact No:
5. SCHEDULE AND HOURS
   1. The Agreed schedule and hours of service shall be as follows: [INSERT DAYS AND HOURS OF SERVICE].
   2. Any changes to the schedule must be mutually agreed upon in advance by both the parties.
6. PAYMENT
   1. In consideration for the Services, the Client agrees to pay the provider a maximum total fee for all the services under this Agreement [INSERT THE FEES TO BE PAID BY CLIENT TO PROVIDER].
   2. All payments made to the Provider under this Agreement must be in [INSERT THE CURRENCY IN WHICH PAYMENT SHALL BE MADE]. The payment shall be made via [INSERT THE MODE OF PAYMENT].
7. TERM AND TERMINATION
   1. The term shall commence on the effective date hereof and shall continue for a period of [INSERT THE TERM OF AGREEMENT IN YEARS OR MONTHS], unless terminated earlier or extended as per the terms of this agreement.
   2. The Provider may terminate the agreement by giving the Client a written notice of [INSERT NUMBER OF DAYS WITHIN WHICH PROVIDER MAY TERMINATE THE AGREEMENT] days on the following grounds:
      1. If the client does not follow the provided guidelines of the daycare services.
      2. If the client fails to make payment for more than [INSERT THE DURATION WITHIN WHICH CLIENT HAS TO MAKE PAYMENT] from the due date.
      3. If the Client engages in abusive or threatening behavior towards the daycare staff or other children.
      4. The Client may terminate the agreement by giving the Provider a written notice of [INSERT NUMBER OF DAYS WITHIN WHICH CLIENT MAY TERMINATE THE AGREEMENT] days on the following grounds:
         1. If the Provider fails to perform the child care services.
         2. If the Provider does not comply with applicable laws and regulations.
   3. The Parties may also terminate the agreement if there is a material breach of the terms and failure to resolve such a breach within 30 days of notification of such a breach.
8. RESPONSIBILITIES OF THE PROVIDER
   1. The Provider shall provide a safe and nurturing atmosphere during the scheduled child care duration.
   2. The Provider shall follow and maintain all applicable health and safety regulations and guidelines.
   3. The Provider shall maintain open communication with the client regarding the child’s well-being and any concerns.
9. RESPONSIBILITIES OF THE CLIENT
   1. The Client shall provide accurate and up-to-date information about the child including medical history, allergies, and emergency contacts.
   2. The Client shall provide all necessary supplies such as diapers, formula, spare clothing, medicines and other essential items required.
   3. The Client shall communicate any changes in schedule or special instructions to the provider in a timely manner.
10. DAMAGES
    1. In the event of any damage to the daycare premises or property caused by the child, the client shall be responsible for reimbursing the provider for the cost of repair or replacement.
    2. The provider agrees to notify the client promptly of any damages incurred. The client shall make payment for damages within [INSERT TIMEFRAME WITHIN WHICH CLIENT SHALL MAKE PAYMENT FOR DAMAGES] of receiving notice from the provider. Failure to reimburse the provider for damages may result in termination of this agreement.
11. EMERGENCY PROCEDURE
    1. In the event of a medical emergency involving the child under the care of the provider, the provider shall immediately contact the client using the emergency contact information provided. If the client cannot be reached, the provider is authorized to seek medical attention for the child as deemed necessary by medical professionals.
    2. The client agrees to promptly inform the provider of any changes to emergency contact information.
    3. The provider shall not be held liable for any costs incurred as a result of seeking medical attention for the child during an emergency situation.
12. FORCE MAJEURE
    1. In the event that either party is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of any Act of God, strike, fire, flood, governmental acts, orders or restrictions, Internet system unavailability, system malfunctions, pandemic or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party (a “Force Majeure Event”), the party who has been so affected shall give notice immediately to the other party and shall use its reasonable best efforts to resume performance. Failure to meet due dates resulting from a Force Majeure Event shall extend such due dates for a reasonable period. However, if the period of nonperformance exceeds (NO OF DAYS) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Agreement effective immediately upon such notice or at such later date as is therein specified.
13. APPLICABLE LAW
    1. This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY WHOSE LAWS SHALL BE APPLICABLE].
    2. The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner: 
    3. By direct negotiations between the Provider and Client. 
    4. If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE PLACE THAT SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATIONS] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
14. NOTICES
    1. Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions.  In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
       1. If to the Client: [INSERT THE EMAIL ID OR/AND ADDRESS OF CLIENT]
       2. If to the Provider: [INSERT THE EMAIL ID OR/AND ADDRESS OF PROVIDER]
    2. Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
15. DISPUTE RESOLUTION
    1. The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
    2. If, for any reason, such Dispute cannot be resolved amicably by the Parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration laws of [INSERT THE CITY or COUNTRY WHOSE ARBITRATION LAWS WILL APPLY] then in force.
16. MISCELLANEOUS
    1. Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
    2. Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be ENGLISH.
    3. Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
    4. Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument. 
    5. No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
    6. Amendments and Assignments:  Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
    7. Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
17. DECLARATION
    1. Each of the parties hereto covenant and agree to execute and deliver such further and other agreements, assurances, undertakings or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their votes and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement.

IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.

Signed, sealed and delivered on behalf of Provider

Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF PROVIDER]

Signature:

Date: [INSERT THE DATE ON WHICH PROVIDER SIGNS THE AGREEMENT]

Signed, sealed and delivered on behalf of Client

Name: [INSERT THE NAME/DESIGNATION OF SIGNING AUTHORITY OF CLIENT]

Signature: 

Date: [INSERT THE DATE ON WHICH CLIENT SIGNS THE AGREEMENT]