Childcare contracts
Daycare contract: every clause it needs, written out and ready to sign online
The full clause set below — what each one does, and what to decide before you write it.
The GetDocsSigned Team · Last updated August 29, 2026
A daycare contract is the written agreement between your program and a family: who the care is for, the schedule, the rate and when it is due, and how either side ends the arrangement. It should also cover late pickup, sick days, closures, liability and consents. The complete clause set is below, with what each one does and the decision to make before you write it.
What should a daycare contract include?
Twelve clauses, in the order a contract is usually read: who and when, then money, then the policies that cause disputes, then how it ends. Every childcare contract below is described as common practice among providers — not as a legal requirement, because what any state requires is a question for your licensor, and whether a term holds up is a question for a lawyer.
Nothing on this page is legal advice. Have a lawyer in your state review your contract before you use it.
01 · Parties and child information
Names the two sides of the agreement — your program, and the parent or guardian with authority to sign — and identifies the child by full name and date of birth. Sets the start date, and an end date if the placement is time-limited. Every other clause refers back to these names.
Decide this: If only one parent signs but both are financially responsible, say so explicitly. Otherwise you have an agreement with one person and an expectation of two.
02 · Schedule and hours
The days and hours the child is enrolled for, and whether the place is full-time, part-time, or a fixed set of days. States your operating hours too, which are not the same thing as the child’s contracted hours.
Decide this: Decide up front whether unused days can be swapped or banked. Families will ask, and settling it in the contract stops it being renegotiated at the door every week.
03 · Tuition, payment terms and late fees
The rate, the period it covers, when payment is due, and which payment methods you accept. States what happens when payment is late — the amount, and the point at which it applies. This is the clause most disputes actually turn on.
Decide this: Say whether tuition is charged for the enrolled place or for attendance. "You pay for the space, not the days used" is a reasonable term, but only if the family read it before signing.
04 · Deposit and holding fees
Any deposit taken to secure a place, whether it is refundable, and what it is applied to — last month’s tuition, damage, or nothing at all. Also covers a holding fee where a family reserves a spot ahead of the start date.
Decide this: Name the conditions for returning a deposit and attach a number of days to them. "Refundable with notice" means nothing without a deadline.
05 · Late pickup policy
The time after which a pickup counts as late, how the charge is calculated — flat, per minute, per fifteen minutes — and when it is billed. Sets out what you do when a child is not collected and nobody can be reached.
Decide this: Tie the charge to a named clock. A per-minute fee with no stated timepiece is an argument waiting to happen at the end of a long day.
06 · Sick child policy
The symptoms that require a child to stay home, how long they must be symptom-free before returning, and when you will call for collection during the day. States whether tuition is charged for sick days.
Decide this: Give the exclusion list and the return threshold as specifics rather than "at the provider’s discretion". A parent deciding at 6am needs a rule they can apply themselves.
07 · Vacation, holiday and closure policy
The days you close, how much notice you give for planned closures, and whether tuition is charged for them. Covers family vacation, and unplanned closures for weather, illness or emergency.
Decide this: State how many closure days are included per year and list them where you can. An unbounded "closures as needed, tuition still due" is the term families push back on most.
08 · Termination and notice period
How either side ends the arrangement — the notice period, that it must be in writing, who it goes to, and whether tuition is owed through it. Also covers ending care immediately for cause, and what counts as cause.
Decide this: Make the notice period symmetrical unless you have a specific reason not to. A contract letting you end care same-day while requiring four weeks from the family reads as one-sided and gets negotiated.
09 · Discipline and care philosophy acknowledgment
Confirms the family has read how you handle behaviour, redirection and conflict, and that they agree to it. Usually references the parent handbook rather than restating it, so this is an acknowledgment rather than negotiated terms.
Decide this: Point to the handbook by name and by date or version. "The current handbook" becomes ambiguous the moment you revise it.
10 · Liability and emergency medical authorization
Authorizes you to seek emergency medical treatment when a parent cannot be reached, and names the child’s provider and preferred hospital. Sets out what the family is responsible for in that situation.
Decide this: This is the clause most worth having a lawyer in your state review. Liability wording varies, and language copied from another program’s contract may not do what you assume it does.
11 · Photo and media consent
Whether you may photograph or record the child, and where those images may appear — a classroom display, a newsletter, your website, social media. Best written as separate opt-ins rather than one blanket yes or no.
Decide this: Keep it revocable and say how a family withdraws it. A consent that cannot be taken back becomes a problem the first time a family’s circumstances change.
12 · Signatures and date
The signature block for each parent or guardian and for the program, with the date each party signed. Nothing in the agreement takes effect until this is complete.
Decide this: Have it signed before the first day rather than during it. A contract signed a week into care records what you meant, not what the family agreed to before relying on the place.
Once you have written these clauses, the contract still has to reach every family and come back signed. Build it as a fillable form parents complete and sign on their phone.
Build a signable contract — freeNo credit card. Every clause editable.
Contract vs. parent handbook vs. enrollment form
Three different documents doing three different jobs, and conflating them is the most common paperwork mistake in a new program. The contract sets terms, the handbook explains policies, and the enrollment form collects information about the child.
| Document | What it does | Who signs it |
|---|---|---|
| Daycare contract | The terms both sides are bound to: rate, schedule, notice period, late fees, termination. Short, and changed only by agreement. | Signed by the parent or guardian and by the program. |
| Parent handbook | Your policies in full — daily routine, illness, discipline, closures, communication. Long, and revised as the program changes. | Not signed. Acknowledged, usually by a line in the contract or enrollment form. |
| Enrollment form | The child’s record: contacts, medical details, immunizations, authorized pickup, consents. Collects information rather than setting terms. | Signed by the parent or guardian. |
Can parents sign a daycare contract electronically?
Electronic signatures are broadly recognised in the United States, and the federal E-SIGN Act is the reason most agreements can be signed on a screen rather than on paper. That is a general statement about electronic signatures, not advice about your contract — whether your particular agreement is enforceable is a question for a lawyer in your state.
What we do is the mechanics. A contract goes out as one link, the parent reads it and signs on their phone, and the signed copy comes back to you without anything being printed, scanned or driven back to the building.
Every signature is recorded with a certificate showing who signed, their email, the date and time, the IP address and the browser used, along with their consent to sign electronically. That is what turns a signature into a record you can produce later.
Common questions
Is a daycare contract legally binding?
A daycare contract is a written agreement between your program and a family, and it is intended to bind both sides once signed. Whether any particular term holds up depends on how it is written and on the law where you operate, which is not something a general page can answer for you. Have a lawyer in your state review your contract before you use it, particularly the liability and termination clauses.
When should parents sign the contract?
Before the first day of care, not during it and not after. Signing at enrollment, alongside the rest of the paperwork, means the family has agreed to the rate, the notice period and the late-pickup terms before they start relying on the place. A contract signed a week in records what you intended rather than what the family agreed to up front.
Do I need a separate contract for each child?
Usually one per child, even for siblings in the same family. Rates, schedules and start dates differ between children, and a sibling discount is cleaner as a line on each child’s contract than as an exception buried in a combined one. A single agreement listing each child separately also works, as long as each child’s terms are unambiguous.
Can I change the terms after a family has signed?
Not on your own. The usual approach is to write into the contract how changes happen — for example, a stated number of days’ written notice before a rate change takes effect — so both sides know the process in advance. Without that clause you are effectively asking each family to agree to a new contract, which is why it is worth including from the start.
Should the contract and the parent handbook be one document?
Keep them separate. The contract is a short set of terms both sides sign and are bound to; the handbook is your full policies, which you revise as the program changes. Combining them means every handbook update touches a signed document. Reference the handbook from the contract by name and date instead.
What should the contract say about non-payment?
Say what happens and when, in specifics — the late fee, the point at which care is suspended, and the notice you give before that happens. Providers who leave this to discretion end up deciding family by family under pressure, and a written sequence is far easier to apply consistently. What you can actually do to recover unpaid tuition depends on local law, so have that part reviewed.
The rest of the paperwork
The contract is one document in a file that also holds enrollment, medical and consent forms — every form a daycare needs covers the full set and what belongs in each.
New York providers: the State publishes its own enrollment form, and the official OCFS forms index lists it alongside the health and background-check forms.
Check your state's licensing requirementsSend it once, get it back signed
One link per family, signed on a phone, filed against the child automatically — and a checklist showing you which contracts are still outstanding.
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Informational template content — not legal advice, and not a statement of what any state requires. Contract terms and their effect vary by jurisdiction. Have a lawyer in your state review your contract, and check your state's licensing requirements for what your program must collect and keep.