Agreement Template

Welcome to the family!  We look forward to a long and mutually beneficial relationship.  To make sure we all understand each other’s expectations relating to this arrangement, this live-in childcare agreement outlines the scope of our agreement regarding each side’s duties and expectations relating to your employment as a live-in childcare provider for our children. Because the children’s’ schedules and needs will adapt over time, expect that changes will be made over time and that we will work together with the goal of meeting their needs.

This is a legally enforceable document, so make sure you understand and agree to everything in it, and if necessary advise of any amendments we should make to it, before signing.  We can’t wait to have you onboard!

1. PARTIES

1.1 This Live-in Childcare Agreement (the “Agreement”) is being entered into by [Family First and Last name] for the [Family Last Name] family (referred to in this document as “Family”), and the chosen live-in childcare provider, [Home Pair First and Last Name] (referred to in this document as the “Childcare provider”) on [TODAY’s DATE].

1.2 The Family’s residence and contact information is as follows:

[Family First and Last Name] [FAMILY STREET ADDRESS],

[FAMILY CITY],

[FAMILY STATE], [FAMILY ZIP] (“Family Residence”)

Phone Number: [Family phone number]

Email: [Family email]

 

1.3 The Childcare provider’s residence and contact information is

[Childcare provider First and Last Name] [Childcare provider STREET ADDRESS],

[Childcare provider CITY],

[Childcare provider STATE], [Childcare provider ZIP]

Phone Number: [Childcare provider phone number]

Email: [Childcare provider email]

1.4 The Childcare provider is being hired to provide childcare for the following Family children:

[CHILD NAME 1], [CHILD 1 DOB] [CHILD NAME 2], [CHILD 2 DOB] [+]

(collectively referred to in this document as the “Children”).

1.5 The Childcare provider will live with the Family at the Family Residence, and provide childcare for the children, throughout the duration of the arrangement under the conditions laid down in this agreement hereinafter.

1.5 Before signing a contract, it is important that the Family and Childcare Provider review some key facts about the Family Residence and the Childcare Provider’s bio before entering the contract.  By making these facts known, the Family and Childcare Provider not only attest to their accuracy, but also make each other aware of these important considerations prior to starting.

1.6 Family Home Details:

[Home Bio…number of rooms, yard, pool, etc, no home construction]

1.7 Childcare provider Bio details:

[Age, education, skills, talents] [Bio such as allergies, passport, non smoker etc] [Experience]

 

2. WORKING ARRANGEMENT AND PAY

Note that for purposes of this Agreement, a working week begins on Monday and ends on Sunday.

2.1 The Childcare provider will begin providing childcare to the Children on [Contract START DATE] (the “Start Date”), for a period of [Contract Term in Mths] months (the “Term”), ending on [Contract end Date] (the “End Date”).

Services will continue until this Agreement reaches the End Date, or is terminated early by either Party according to the terms of this Agreement.

2.2 The Family agrees to schedule and pay the Childcare provider a minimum of [Minimum WEEKLY HOURS] hours per week for childcare work throughout the duration of the Agreement.

2.3 The Family and the Childcare provider have also agreed not to exceed [Maximum WEEKLY HOURS] a week of childcare work as a general guideline.

The Family and Childcare Provider understand that occasionally weekly hours worked in a week may exceed the maximum guideline being set.  In these circumstances the Family and Childcare Provider will do their best to collaborate and respect this guideline and each others schedules as best as possible, and if agreeable to the Childcare Provider, the Family must always offer to reduce and offset exceeded hours worked the following week.

2.4 The Childcare provider will be paid an hourly rate of $[AGREED HOURLY RATE (over SMW)] per hour.

Note that this rate must be set at, or above, the State Minimum Wage for [Family State] – which at the time of drafting this Agreement is $[SMW for Family State].

2.5 Work exceeding 40 hours in a week constitutes overtime and incurs a 1.5x multiplier per State labor laws.  In the event that this occurs, the Childcare provider will be paid an hourly overtime rate of or $[Agreed hourly rate x 1.5] an hour.

2.6  If a Childcare provider works more than 1 hour in a single day, that day can not qualify or be counted as a free day, or a vacation day or a paid sick day by the Childcare provider.

 

3. JOB RESPONSIBILITIES AND SERVICES

3.1  Childcare provided under this Agreement will be primarily performed at the Family Residence, unless otherwise indicated.  The Childcare provider will not take the Children to any other location without advance notice and permission of the Family.

3.2  The Family and Childcare provider have identified the following services that will form the scope of paid childcare activity to be expected throughout the duration of the Agreement.

[List of Marquee Services] [List of Basic Services]

3.3  The Family agrees that these services simply indicate scope of Childcare services to be performed during the duration of the Agreement and understands that there is no mandate that each service must be performed every day or week, with or without equal weight.

It is incumbent on the Family to monitor Childcare services performed week to week – enabled through the homepaired platform and Dashboard – and to continually set guidelines with the Childcare provider on the right balance across all these services as many – especially marquee services – will hold more intrinsic value to the Family and development and nurturement of the Children than others.

3.4  The Family and Childcare provider have also made explicit the list of services that will not be provided as part of this Agreement. or that the Childcare provider is not comfortable or feels is not experienced enough to provide.

[List of excluded Marquee Services] [List of Excluded Basic Services] [List Excluding Special Needs]

3.5  The Family has also advised the Childcare provider of the following matters of special concern relating to care of the children, and Childcare provider agrees they are comfortable and will take all reasonable and necessary steps to handle care of the children in accordance with their needs implicated by the following matters:

[LIST SPECIAL NEEDS eg food allergies, medical conditions, shots etc] [LIST INFANT CARE NEEDS]

3.6 The Family agrees to provide the Childcare provider with detailed instructions and information with regards to these special needs.  The Family understands that the Childcare provider can not, by law, care for infants under the age of 3 months.

4. TRANSPORTATION

4.1 In addition to childcare at the Family Residence, the Childcare provider will be required to transport one or more children to and from school or activities as required and requested by the Family.

4.2  The Family may allow the Childcare provider shared use of a family car for the sole purpose of transportation of the Children.   It is the Family’s sole responsibility to ensure the Childcare provider is added and covered on their existing auto insurance policy, at their own personal cost, if they require transportation as a service.

4.3  Alternatively, the Childcare provider may have access, or offer to use, their own personal vehicle as the primary mode of transportation of the Children which will not incur any additional insurance expenses.

 

Note for following section:

State labor laws do not require employers to provide free days*, vacation days, bereavement days or holidays to employees either paid or unpaid.  This does not mean that employers should consider no leave benefits as an option – employers are just free to set leave that will best serve their interests, and for securing the services of employees.

Homepaired strongly recommends offering Childcare providers with fair leave for obvious reasons – your Children will receive far better care when Childcare providers are motivated, rested and energized.   You have better chances of securing a Childcare provider with

 

5. FREE / REST DAYS

5.1 The Family agrees to offer the Childcare provider a minimum of [Number of free days a month] free ‘rest’ day(s) a month off, which must be taken within the month or be lost.  It is incumbent on the Childcare provider to schedule and agree with the Family when these can be taken, and there must be at least 1 weeks notice.

5.2 It is at the Family’s and Childcare providers discretion on how, and when, free days will be taken – whether in a block, or spread out across number of weeks, within a month.

The Family allows the Childcare provider to freely perform and observe their faith during common times (eg visits to places of worship, faith holidays etc) which may, or may not, coincide with the preferred free day(s) requested.

 

6. VACATION

6.1  As part of this Agreement, the Family offers the Childcare provider [Number of days paid vacation] days of paid vacation, which must be taken during the duration of the Agreement or be lost.

6.2 In addition, the Family offers the Childcare provider [Number of days unpaid vacation] days of unpaid vacation, which must be taken during the duration of the Agreement or be lost.

6.3  The Childcare provider must give at least [Weeks notice of vacation to be given] weeks advanced vacation notice to the Family.   Furthermore, it is up to the Family and Childcare provider to plan and arrange vacation schedules collaboratively that is mutually beneficial to both parties (for example – a Family may request vacation is taken at the same time as the family is on vacation).

6.4  For the purposes of this Agreement, days qualifying as paid vacation will be calculated at a daily rate equivalent to 6 working hours performed, or $[Agreed hourly rate x 6] a day.

Note that vacation days (or to be more precise, the equivalent hours worked implied by these days) accrue towards the determination of whether the Minimum Weekly Hours has been met. As an example, 1 vacation day taken in a week will count as 6 hours towards meeting the Minimum Weekly Hours for that week.

 

6.5  If a Childcare provider is aware, or has known prior commitments during the duration of this Agreement, that will likely require the Family to grant vacation, those dates are listed here for transparency:

[ Dates of known commitments needing vacation].

By signing this Agreement, the Family guarantees the Childcare provider leave on these dates if still required, either by use of free days as normal, or as paid vacation leave, whichever is more convenient and appropriate.

6.6 If the Family invites the Childcare provider to join them on a family vacation or getaway, the parties recognize that this can only be classified as paid vacation if the Childcare provider is performing only minor jobs.  Childcare services provided to Children whilst on vacation still constitutes work and must be paid as normal.

 

7. HOLIDAYS

7.1 The Family agrees that the Childcare provider is entitled to take the following US National Holidays as unpaid leave:

[select LIST OF HOLIDAYS to be left free]

7.2  The Family and Childcare provider also agree that childcare work can be requested and provided for on the following US National Holidays (pay is at normal hourly rates as , paid at normal hourly rates.

[select LIST OF HOLIDAYS that can be worked]

 

8. SICK DAYS

8.1  The Childcare provider is entitled to [number of paid sick days] paid sick days throughout the Term.  Any sick days, expected or unexpected, over and above this allocation will not be paid.

8.2  For the purposes of this Agreement, days qualifying as allocated paid sick leave will be calculated and paid at a daily rate equivalent to 6 working hours performed, or $[Agreed hourly rate x 6] a day.

Note that paid sick days (or to be more precise, the equivalent hours worked implied by these days) accrue towards the determination of whether the Minimum Weekly Hours has been met. As an example, 1 paid sick day taken in a week will count as 6 hours towards meeting the Minimum Weekly Hours for that week.

Unpaid sick days also affect the calculation of the Minimum Weekly Hours requirement – by reducing, pro rata, the available working days for that week.  As an example, 1 unpaid sick day reduces the number of available working days to 6 – the Minimum Weekly Hours for that week (20 hours) is therefore reduced by 1/7th (to 17 hours).

3.1 The Childcare provider has asserted that they are covered by Medical and Health Insurance and is therefore accountable for paying for all personal medical expenses and bills from their own policy.  The only exception would be if an injury occurred whilst providing Childcare services in which case the Family’s Workers Compensation Insurance policy would provide coverage (see below).

 

9. OUT OF POCKET EXPENSES

9.1 The Childcare provider will be reimbursed for any out-of-pocket expenses made on behalf of the Children or the Family, or in conjunction with performing the job responsibilities and services under this Agreement, on the provision that receipts are provided as proof.

Common out-of-pocket expenses may include transportation (for eg filling the family car with gas, or transportation miles incurred if the Childcare provider is using their own), parking, entry tickets to children events, food and drink, and any expense incurred on the family’s behalf (eg grocery shopping).

9.2 Qualifying out-of-pocket expenses must be reimbursed by the Family to the Childcare provider on a timely basis and no later than a week after they are incurred.

 

10. TRAVEL EXPENSES

10.1  The [Party who pays for travel costs to the home] has agreed to pay [% of travel costs covered] of all one time travel expenses to and from the Childcare provider’s residence to the Family residence (ie for the Agreement Start and End Date only).

The method of travel will be [choice of travel option] and all expenses incurred will be initially paid and / or booked by [Party who pays].

10.2 If the Family invites the Childcare provider to join them on a family vacation or getaway, the Family is responsible for paying for all travel costs, including flights, private accommodation (or shared with the Children as agreed) and all board.

The only time a Childcare provider should cover any of these costs personally is if the vacation classifies as paid vacation where minimal Childcare services are required and the Childcare provider is free to enjoy the vacation at their leisure.

10.3  In all other cases, the Childcare provider is responsible for all personal travel expenses incurred or taken during the duration of the agreement (eg visits to the city, trips back home etc).

 

 

11. LIVING ARRANGEMENT AND HOUSE RULES

11.1 The Family provides the Childcare provider with free board.  The Childcare provider is free to participate and is made to feel welcome to join in Family meals, receiving the same food as the family if parties do not agree differently.

11.2 The Childcare provider will enjoy their own private bedroom, approximately [bedroom sq ft], with the following amenities:

[list of bedroom amenities]

Bathroom

Responsibility to clean bedroom, bedclothes etc?

Responsibility for buying toiletries?

 

11.3 The Childcare provider will be allowed to use or access the following personal property of the Family in conjunction with the Childcare provider’s responsibilities:

[LIST OF PERSONAL PROPERTY  eg Family Car for transportation, Kitchen, Playroom,]

11.4 For transparency, the Childcare provider is prohibited to use or access the following personal property of the Family, either in conjunction with or outside the Childcare provider’s responsibilities:

[LIST OF PERSONAL PROPERTY PROHIBITED]

PandaTip:  This is the place to discuss use of vehicles, use of the kitchen, anything that is of importance to you in your house and property to which you want to limit access.  For example, is the Childcare provider allowed to use the personal computers in the home? the phone? the pool in the backyard?

11.5  The following is prohibited conduct by the Childcare provider:

[PROHIBITED CONDUCT…eg smoking, parties, sleepovers,].

PandaTip:  Include such things as smoking, and other conduct about which you want no ambiguity.

sports, etc.  Also exclude things that might be a matter of confusion.  Is the childcare provider required to cook? clean? take out the trash?  The goal is to outline responsibilities such that each side has a clear view of whether they are being done and done properly.

 

12.  TERMS OF SERVICE

12.1  As per the Terms of Service, 10% of each week’s billing statement will be paid to Homepaired as a commission and platform fee.

12.2  As per the agreed Terms of Service, the Childcare provider must log and record accurately and timely, actual Childcare hours worked (by activity), including any free / vacation / sick days on an ongoing daily basis within the Homepaired Activity tracker within the Dashboard.   This log forms the basis of the weekly billing statement, including commission fees due to Homepaired, that the Family must pay each week.

 

12.3 As per the agreed Terms of Service,  the Childcare provider must be paid on a weekly basis by the Family using the Homepaired dashboard and payment service, which will automatically calculate all weekly wages and fees dues as childcare activity, vacation, free and sick days are logged into the dashboard.

Once a payment is made, that week is locked and cannot be revised – therefore it is both the Family and Childcare provider’s responsibility to ensure activity is being accurately reflected in the billing statement before a payment occurs.

Family agrees to pay every week, one week in arrears

12.4 The Family has requested that the Childcare provider record all out-of-pocket expenses incurred during the duration of the Agreement within the Expense tracker feature on the Homepaired Dashboard, where receipts can also be uploaded.

This feature allows the Family to easily review and reimburse these expenses at the same time as weekly wages are being reviewed and pay one lump sum to the Childcare provider each week.  (Note that out-of-pocket expenses are excluded from the calculation of Homepaired fees).

 

13. TAXES AND WORKERS COMPENSATION INSURANCE

13.1 Childcare provider’s pay under this Agreement will be treated as weekly wages, not payments to an independent contractor, and thus the Family will make withholding as required by law, and issue the required W-2 or other documents relating to those withholdings and payments.

13.2 As clearly outlined in the Terms of Service, it is the Family’s responsibility to make withholdings and issue a W-2 at the end of the year, as it is their responsibility to apply any offsetting tax breaks, with regards the employment of the Childcare provider.

13.3  By signing this Agreement, the Family acknowledges and understands this responsibility and if necessary, will consult with a tax professional to make sure filings are complete and accurate, and the appropriate billing and statement paperwork is being provided as evidence.

13.4 WORKERS COMP

 

14. CONFIDENTIALITY

14.1 The Childcare provider understands and agrees that as a result of her work with the Family and Children, he/she will have access to private information (including medical, financial, legal, career, and educational) that must be kept strictly confidential and may not be disclosed to any third party for any reason.  This confidentiality obligation survives termination of this Agreement, meaning Childcare provider cannot disclose information even after leaving the Family’s employ, whether with or without cause.

This confidentiality obligation includes a prohibition of providing any of the following on social media without the Family’s explicit consent – direct or indirect information about the location or schedule of the Children or the Family, or posting of pictures of the Children, Family, or Family Residence at any time.

14.2  The only exceptions to this confidentiality obligation are the following:  (1) an immediate threat to the health, safety, and welfare of the Family or the Children (for example, calling 911 in the event of a medical emergency); (2) being compelled to produce information by a court or governmental agency (for example, by a subpoena).  In the event of any effort to compel production of information, Childcare provider shall immediately advise the Family of the effort to enable any appropriate objections to be made.

PandaTip:  Depending on the perceived damage to the Family in the event of violation of this confidentiality clause, you may want to add some type of language regarding a consequence of violation, such as “Because it would be difficult to determine the exact amount of damage that could be incurred by breach of confidentiality, the parties agree that liquidated damages  in an amount of $10,000 would be due from Childcare provider to Family, and Family reserves the right to seek injunctive relief from a court of competent jurisdiction and require Childcare provider to disgorge any financial benefits received by any third parties in exchange for violation of confidentiality.”

 

15.  TERMINATION OF AGREEMENT

15.1 Employment of Childcare provider under this Childcare provider Agreement is an at-will employment arrangement, meaning that either the Childcare provider or the Family can terminate this Agreement with or without cause.  To protect both sides to this Agreement, however, termination of this Agreement can only be done in the following manner.

15.2 The Family may terminate this Childcare provider Agreement for cause for any of the following reasons:  jeopardizing the safety or well-being of any of the Children or other family members, repeated tardiness, inconsistent or inadequate performance of job responsibilities, theft, dishonesty with Children or family members, misuse of Family Residence or personal property, breach of confidentiality agreement, allowing unauthorized guests to be in the Family Residence, consumption of, or being impaired by, alcohol or drugs of any kind while working (with the exclusion of properly used prescription medications that do not impair Childcare provider’s ability to care for the Children), any criminal activity whether on or off duty.  In the event of termination for cause as described here, the Family is not required to provide any advance notice. The Family will simply provide a written notice of termination (handwritten is acceptable) to Childcare provider setting forth the reason for termination and the date and time of such termination. In the event of termination for cause, Family will submit payment to Childcare provider for time worked up until the date and time of termination within 48 hours of termination, and Childcare provider will at that time turn over any keys, security access cards, or any other property belonging to the Family that is in the Childcare provider’s possession.

15.3 The Childcare provider may terminate this Childcare provider Agreement for cause for any of the following reasons: [Childcare provider TERMINATION CAUSE].  In the event of termination for cause as described here, [Childcare provider TERMINATION RESULT].

PandaTip:  It is only fair to outline for the Childcare provider certain things that hopefully will never occur, but that would warrant the childcare provider being allowed to get out of the Childcare provider Agreement’s 2-week notice provision below.  This would likely include criminal conduct on the part of the Family or Children, knowledge of child abuse going on, abusive behavior towards the Childcare provider, or similar types of conduct. By including this clause you are setting a standard of conduct for the Family too.

Either Family or Childcare provider may terminate this Childcare provider Agreement without specifying any reason by written [WEEKS NOTICE] week notice indicating the last date of work.

Both the Family and Childcare provider agreed to act reasonably with each other and with the Children with respect to any termination of this Childcare provider Agreement to minimize any disruption to the Children emotionally or educationally.  Childcare provider will respect the Family’s decision regarding when and how to tell the Children about any impending change in Childcare provider’s employment.

PandaTip:  There are many reasons why either side would want to terminate the Childcare provider Agreement for reasons other than fault of the other party.  This allows for such termination, but in a manner that allows both sides to wrap up things in a manner that minimally impacts the other.

 

16.  REPRESENTATIONS

Childcare provider represents and warrants to the Family that Childcare provider has been truthful and complete in all information provided to Family regarding qualifications, job history, and prior conduct and understands that if Childcare provider has not been accurate, truthful and complete in disclosure, that will be grounds for immediate termination of this Childcare provider Agreement.

Family reserves the right at any time to conduct a complete criminal background check and/or check of any references or prior employers of Childcare provider and disclosure of any information in regards to such checks discloses any matter that Family believes would impact the propriety of Childcare provider continuing to work for Family, it will be grounds for immediate termination of this Agreement, unless such action would be prohibited by law.

PandaTip:  The final sentence is a reminder that certain types of adverse employment actions are prohibited by law, such as discriminating on the basis of race, gender, marital status, etc.

17.  OTHER TERMS

[OTHER AGREEMENT TERMS]

This Agreement is governed by the laws of the State of [Family STATE] and in the event either Party has a dispute regarding the rights and obligations under this Agreement, any lawsuit would have to be brought in a court of competent jurisdiction in the County of [COUNTY] in the State of [STATE].

This Agreement may be modified from time to time by the Parties in writing, however, any substantial change in scope of duties, schedule, or compensation need not be agreed to by the other Party and may be the basis for termination of this Agreement without cause.

Childcare provider (Employee) agrees to be fully bound by the terms of this Childcare provider Agreement.

Childcare provider Signature: _____________________________________

Printed Name: __________________________________________

Date: _______________

Family (Employer) agrees to be fully bound by the terms of this Childcare provider Agreement.

Family Signature: _____________________________________

Printed Name: __________________________________________

Date: _______________

CONTRACT SUMMARY AT A GLANCE

START DATE:          05/01/2020   END DATE: 04/30/2021               TERM: 12 mths

CHILDCARER:  Sarah Clair Ross               FAMILY: Anthea Pascual, 2 children (age 1 and 6)

=====================================================================

LOCATION AND HOME DETAILS:  330 Highland Ave, Montclair, NJ 07043

5 bed, 4 bath, yard, pool, has pets (dog and cat), requires special needs and infant care

LIVING QUARTERS:  free room and board, private bedroom, private bathroom, wifi, closet, desk, heat, A/C

TRAVEL ARRANGEMENT: family pays 100%, domestic flights

=====================================================================

CHILDCARER DETAILS: 21 y/old, passport, non smoker, has medical insurance, has drivers license, has cellphone, no allergies, NYU studying Biology, GPA 3.5, 2+ years paid childcare experience, infant experience, special needs experience, CPR qualified

MARQUEE SERVICES: Home Tutoring, Teach Mandarin, Tennis Coaching; Piano Tuition

BASIC SERVICES: Bedtime routine, morning routine, school drop off / on, kids laundry, tidy / organize kids room, kid’s meals, bath time routine

SPECIAL NEEDS: shots, medicine, food allergies

TRANSPORTATION: family car share(family pays for insurance)

=====================================================================

HOURLY OVERTIME RATE: $12  / $18 (over 40 hours)

MIN WEEKLY HOURS:     20 hours      MAX WEEKLY HOURS: 40 hours

ANNUAL PAID VACATION:  8 days at $72 a day

ANNUAL UNPAID VACATION:  4 days at $0 a day

ANNUAL FREE / REST DAYS:  48 days (4 days a month) at $0 a day

ANNUAL PAID SICK DAYS:  2 days at $72 a day

KNOWN VACATION DATES:  03/25/2020, 04/11/2020 – 04/15/2020

HOLIDAYS GRANTED:  CHRISTMAS DAY, THANKSGIVING DAY, NEW YEARS DAY