The Importance of a Babysitting Contract
Even if they live just down the street or your backyards provide the playground, babysitters should have a contract with parents to help establish expectations. An enforceable babysitting contract lays out the rules of the road for the parties and is especially important if you are concerned about the scope of services provided by the babysitter (such as chores or cleaning in addition to watching the kids) or if there are different parenting styles that need to be addressed in the agreement. Terminology may vary between locations, but the terms are fairly standard across agreements.
Specific issues may be covered in the agreement, such as whether:
While a babysitting agreement may seem unnecessary if the parties are friends or family, if you are paying for services, it can be a useful way to lay ground rules so that everyone is on the same page. It can also help to minimize misunderstandings. A babysitting contract is a simple way to help both the parents and the babysitter. Even for a relatively short-term job like a weekend babysitting session, an agreement can be valuable.
Some laws may compel parents to provide a safe environment for their children. For example, under California law , parents have a duty to supervise their children and maintain a safe environment. The standard of care to be used by parents is that of a reasonably careful parent. If you are the parent hiring a babysitter, a contract may compel the baby sitter to obey a parents rules concerning supervision of the child and maintenance of a safe environment.
Each state has its own laws concerning parental liability and babysitter liability, but a babysitter doing something illegal with the child would probably increase the liability of the parents. For example, a babysitter who was not old enough to drive under the state law takes the child for an unauthorized joyride in the babysitter’s car. The state could hold both the babysitter and the parents liable for any accidents caused during the joyride.
With a babysitting contract, you can make it clear whether or not the babysitting service is allowed to take the child off of the premises. If there are concerns about what the babysitter might do while away with the child, you can expressly forbid the babysitter from taking the child anywhere without consent. This kind of provision could deter bad behavior by the babysitter. And, if something does go wrong, it may help alleviate any faulty thinking by the courts that the situation was the parents’ fault for allowing the babysitter to take the child off the premises.
Key Components of a Babysitting Contract
The babysitting contract will be unique to the relationship between you and the babysitter. There are, however, essential elements that must be included regardless. Take the example of a contract for a babysitter and her employer. The contact information for both parties should be included in the document so that they can easily reach the other should a problem arise. Key elements of the contract include the job duties of the babysitter, her hours of work and payment terms.
In the above example, here’s what these elements will look like in the actual contract:
Name: Kelly Willow, 123 Elm Lane, Portland, ME 04103
Home: (207) 555-0101 Work: (207) 555-0202
Job Duties: Provide care for baby Drew, including feeding and nap time after his 1:00 p.m. bottle and changing diapers as necessary.
Hours of Work: 8:00 a.m. to 5:00 p.m., Monday to Friday
Payment of Wages: $18/hour shall be paid in cash at the end of each day. Any termination of this agreement must be communicated at least one week prior to the effective date of termination.
Advantages of a Free Babysitter Contract PDF
A babysitting contract PDF free from LegalTemplates.net is more useful than a generic printable contract for several reasons, including:
- It shows professionalism from the outset because you’re insistent enough on business details that you’re keeping a record of babysitting clients and hours and have a babysitting contract.
- The contract is simple to download, fill out, and print for your records as well as your client’s.
- It is helpful to have a digital babysitting model contract because, while you can practice babysitting with little or no paperwork at all, there are many unforeseen things that can happen. You can get a nasty bite from a family dog, you could break something in the house, or you could even have a babysitting emergency happen that requires information to be written down and shared with authorities. Having a baby-sitting contract in place gives you the opportunity to ask for and/or gather from your employer all of the information you may need in the future.
- With a babysitting contract free in PDF form from LegalTemplates.net, you can rest assured that your contract will always be readable and usable by anyone who can read PDF files. You don’t have to worry about a bad ink job ruining your babysitting contract, or your contract being lost within the stacks of colored and patterned papers that may sit on your desk or be crammed in your filing cabinet.
How to Personalize Your Babysitter Contract
The beauty of a general babysitting contract or agreement is that it can be easily tailored to fit specific needs and circumstances. For example, if you were drawing up a contract for your child’s regular babysitter, you might want a section that is specific to your routine, like your child’s bed time or bath time preferences. The majority of the contract can remain unchanged, but you edit those sections to make them pertinent to your situation.
Other times, a contract might be written with regard to a special event where you need a babysitter for a single evening or for an extended period of time. The resulting agreement may then include a section that looks somewhat different than if you hired a babysitter for the entire summer , for example.
In order to edit or update a babysitting contract or agreement:
Keep in mind that using a contract between you and your babysitter may be beneficial from a legal standpoint, especially if you are paying them more than you would be (or are) a licensed center. If more is involved than just dropping off your child at a house, it should be something that is available to support the parents and the babysitter in case there are any misunderstandings about the terms of employment.
Where to Obtain Free Babysitting Contract PDFs
It is important to have a written agreement for babysitters so the responsibilities are clear, and these can be completed by any capable adult. It is recommended that parents ask their babysitter to complete a written agreement with their terms of service and some general information about their responsibilities. Here are some good places to download a printable babysitter contract in PDF format free of charge:
- LegalZoom – This is a long-standing household name for legal documents and services. You can find a babysitter contract here that is short and concise. It also is written in plain language, so there is no confusion about whether or not you are agreeing to ensure protection from illness.
- SitterCity – You can find a comprehensive contract available on this household hiring site. There is a printable babysitting contract on the site’s legal forms page, which will help you to avoid many of the unhappy surprises that terrorize other parents.
- Protect a Child – This is a website that provides comprehensive research and documentation for babysitters, nannies and other caretakers. You can browse through the list of downloadable contracts for your state, but they are free to everyone.
- Parent – The Parent website has a wealth of articles that can help you solve almost any household problem, and a babysitter contract is a good example of that fact. You can download some great tips for writing your own babysitting agreement, but you can also find a basic one that is available as a PDF.
- Tips for Babysitters – You should always ask a babysitter for a resume, but you can also surf the web for some great tips for babysitters. The American Red Cross lets babysitters join their community and provides resources that provide simple sample contracts. This is an even better option because you will know that the person who is providing you with a contract will probably be following the same set of standards.
Legal Avenues for a Babysitter Contract
In addition to the general contract law considerations outlined above, there may be other issues to be aware of. First, while many babysitters are teenagers, they may not be permitted by local law to enter into a contract with an adult. Some jurisdictions simply prohibit 13-year-olds from signing contracts, while others impose an age requirement of 18-years-old. Some do both, requiring baby-sitters to be both old enough to be hired and old enough to enter into a contract. Even if the baby-sitter is sufficiently close to the age threshold to reasonably be expected to understand the nature of a contract, it may be problematic for a parent to hire them if they are under the age of 13.
Second, most states require that any entity or individual that directly provides child care services be licensed. Some states provide that a license is not required for babysitters , while others mandate a license regardless of the frequency and duration of the service. Depending on how they are defined within state statutes, babysitters may not be exempt from this licensing requirement.
The final legal issue to consider is the enforceability of the contract. The legal doctrine of unconscionability gives courts the ability to void contracts when allowing them to stand would create a gross disproportion of power between the parties. No law enforcement agencies can come to the aid of a parent who unwisely allows their child to be watched by a jerk of a baby-sitter, but a court can refuse to enforce the contract if it is unreasonably unfair to the parent. Even the presence of a written contract may not be sufficient to enforce it against a parent if the contract is grossly unfavorable to the parent.