What is a Babysitter Contract?
A Babysitter Contract is a legal agreement between a babysitter and the parents/guardians of a child.
A Babysitter Contract covers all of the agreement’s important terms and conditions. This includes things like hourly rate, payment terms, cancellations and refunds. It also includes important legal clauses for liability, intellectual property, confidentiality, dispute resolution and termination.
A well-written agreement will not only provide you with legal protection but will also help manage the expectations of both parties.
Who can use this template?
- Families looking to hire a babysitter for their children
- Suitable for all Australian states and territories
My family wants to hire a babysitter – can we use this Babysitter Contract?
Absolutely, that’s why we wrote it!
A contract is ideal for making sure everyone is on the same page.
You will need to provide the babysitter contract before they start and ask them to fill in the blanks with their payment terms, hourly rates etc. Once it has been completed, you can sign the last page to make it official.
Clearly communicating your expectations—and having a contract or agreement in place—can protect both parties.
Do I need a Babysitter Contract?
Yes, we definitely recommend it! A contract protects both the babysitter and the client.
Our Babysitter Contract template will help set the ground rules in black and white, so everyone is clear on their obligations and how everything will work. If there is ever a dispute or a problem, you can refer back to the contract.
A babysitter is taking on a fair amount of risk looking after someone else’s children, and we believe there is no job more important, so why not use a contract with your regular sitter for some peace of mind?
What does the Babysitter Contract template cover?
Our Babysitting Contract template covers everything you need:
- Term – how long the babysitter will be hired for
- Services – description of the babysitting services
- Fees – hourly rates for the babysitter
- Expenses – reimbursement of any extra expenses incurred (e.g. groceries, takeaway etc.)
- Payment Terms – when and how the family will pay fees
- Work Environment – this clause is included to ensure a safe work environment
- Cancellations and Refund Policy – how to manage cancellations and refunds
- Confidentiality – to protect confidential information between the two parties
- Warranties – an important legal clause
- Limitation of Liability – to protect you against claims for losses and damages
- Dispute Resolution – process to manage a dispute if a problem arises
- Termination – how either party can cancel the agreement
- Events Beyond Control – force majeure clause
- General – standard contract clauses such as Entire Agreement, Severance and Governing Law
Other names for Babysitter Contract
- Babysitter Terms and Conditions
- Babysitter Services Agreement
- Child Care Contract
- Child Care Terms and Conditions
Does it matter how often we use the same babysitter?
It’s completely up to you if you want to use a contract for your babysitter, but we recommend it for regular or longer-term engagements.
Generally speaking, the more often they babysit, the more helpful having a formal contract can be to manage expectations.
If you have a routine babysitter that comes regularly, say every Saturday night, you may wish to formalise your arrangement with a contract.
Can I use this Babysitter Contract template as a nanny or a family looking to employ a nanny?
No, it is NOT suitable for nannies or families looking to employ a nanny. You will need an employment contract in line with the National Employment Standards and conditions set out by Fair Work Australia.
Many families pay their nanny an hourly rate without bothering with superannuation, PAYG tax and leave entitlements. Often this happens because the nanny advises the family that they have an ABN and are working as an independent contractor. Unfortunately, this is incorrect!
A nanny is usually classified as an employee by the ATO, and they fall under the Miscellaneous Award.
Do I need to use this contract if a family member is looking after my kids?
No, it’s not common to make a family member sign a contract to look after your kids.