Babysitter Contract Template

A babysitter contract is a written agreement between parent(s)/guardian(s) and a babysitter, hired to care for their child(ren). It sets forth the terms and conditions of the job, which include duties of the babysitter, the scope of care, working schedule, compensation policy, emergency contacts, and other important rules designed to protect the child. 

This contract can help maintain a trustworthy working relationship between both parties. For parents, it gives them peace of mind when they need to be away for a short or extended period. For a babysitter, it guarantees fair compensation and legal protections. 

But creating a new contract from scratch can be tricky due to the nitty-gritty of the clauses. Don’t worry! Our pre-built babysitter contract sets out the standard terms and conditions of a solid contract. It’s a customizable and print-ready contract that can be downloaded in Word or Google Docs for easy editing.

Now let’s take a closer look at each section of the template.

I. Parties of the Contract

First, the contract identifies the parties involved. For that, you need to 

• Mention the date when the contract is signed.
• Write complete legal names of both parties, i.e., parents/guardian and babysitter.
• Add the complete residential address of the parents/guardian and babysitter.
• Include the names and dates of birth of the children who will be under the babysitter’s care. You can add up to four children in this section. 

Scope of care

This section allows parties to set the scope of work/care for child(ren). Both parties can define these terms based on mutual understanding.

II. Services and Responsibilities

In this part, list out the services and responsibilities of the babysitter. These can include any reasonable duties that contribute to the child(ren)’s safety and well-being.

Our template allows both parents and babysitters to write down all their negotiable expectations and limits.

Here we have also added one non-negotiable responsibility of a babysitter, and that is to not leave the child unsupervised or permit access to any unauthorized individual during care.

III. House Rules

Next, our template allows parents to establish certain house rules that the babysitter must follow. For example, it could be a set limit on child(ren)’s screentime, or it could be a “no-smoking-in-the-house” rule.

IV. Schedule

This section explains the working schedule of the babysitter. Our template mentions two options: a detailed fixed weekly schedule and a needs-based schedule. We have included checkboxes so you can select the option that best fits your situation.

V. Compensation

Now let’s get down to payment expectations. This section uses checkboxes to specify what the agreed compensation is, how the babysitter will be compensated, and when they will be compensated.

The first part describes the agreed payment amount in dollars and how it’s calculated. For instance, per hour, per babysitting session, per child (or per 2 or 3 children), or any other preferred calculation method. You can select the box that applies to your case.

Once both parties have agreed on an amount, the template lets you choose a preferred payment schedule. It gives four options: daily, weekly, monthly, and others (whatever suits both parties).

Next up, select the preferred payment method. Our template gives four options: cash, check, ACH, and other preferred methods.

VI. Overtime

Lastly, clause VI explains the overtime rule. Our template provides a section to specify overtime rates and conditions for extended babysitting hours. Here it’s important to note that the babysitter has the right to decline overtime in case of conflicting obligations or unavailability.

Emergency Procedures and Allergy Information (VII & VIII)

This section states a clear procedure in case of emergencies involving a child under a babysitter’s supervision. Our template allows parents to provide a method to reach out in case of an emergency. Parents must provide primary and secondary contacts so the babysitter can quickly reach out to a responsible adult.

In case of a medical emergency when parents can not be reached, the template gives parents the authority to decide whether they want a babysitter to seek medical help or not. You can tick yes if you give the authority and no if you don’t.

Next up, the template dedicates a detailed area for disclosing any known allergies of the child(ren). If your child has an allergy, check “Yes.” If not, check “No.” In case they are allergic, parents can mention the allergy and any relevant instructions to manage it.

It helps babysitters take appropriate steps and respond quickly to make sure the child is safe at all times.

IX. Term of Agreement

This section is pretty straightforward, as it simply defines the time period for which the agreement will be valid.

Our template gives three options for the agreement’s termination.

1. First, the agreement will automatically terminate on a decided date without any prior notice from any party. Both parties can select a time based on their needs. It mainly depends on whether both parties are looking for a long-term or short-term partnership.
2. Second, each party can terminate the contract willingly, but with prior notice. The length of the notice period is decided between the parties. 
3. You can also mention other termination methods decided between the parties.

You can select a method that is feasible for you. The choice is yours.

Here, it’s important to understand the legal rights of a babysitter.

Babysitter rights under FLSA

According to the Fair Labor Standards Act, Babysitters are considered domestic service workers and are covered by federal labor standards. It means that certain federal wage and labor rules apply to their employment, such as:

• Minimum Wage Protection: As per FLSA, domestic service workers must be paid at least the federal minimum wage for all hours worked. But it doesn’t apply to occasional babysitters who babysit casually rather than as a full-time occupation.
• Overtime Rules: Domestic workers who do not live in their employer’s home are usually eligible for overtime pay, which is 1.5 times their regular rate for hours worked over 40 in a workweek. However, it doesn’t apply to casual babysitters under the FLSA.
• Limits on Household Work: FLSA puts a limit on household work for babysitters. For instance, if a babysitter spends more than 20% of their time on general household work (unrelated to childcare), the casual babysitting exemption may not apply. In such cases, minimum wage and overtime protections may be required.
• Recordkeeping and Payment: Employers are required to maintain accurate records of hours worked and wages paid when hiring domestic service workers under the FLSA.

X. Grounds for Immediate Termination

This section basically defines circumstances that can result in the immediate termination of this contract. Our template mentions nine circumstances, which include:

1. Compromise of the child’s safety
2. Failure to fulfill responsibilities,
3. Dishonesty or misrepresentation,
4. Theft or unauthorized possession of property that belongs to the household, 
5. Negligence in handling appliances (equipment, vehicles of the parents/guardians),
6. Inviting or letting in an unapproved person,
7. Smoking, alcohol, or use of illegal drugs on premises,
8. Violation of any clause in the agreement
9. Others (it can include any other reason parents and babysitters consider a red line).

You have to check all the boxes you think are a deal breaker.

XI. Tax Obligations

The clause decides who will be responsible for taxes on babysitting. It answers whether a babysitter should report income or whether they need to pay self-employment tax.

According to the IRS Publication 926 and applicable federal tax law, babysitting income is subject to specific tax reporting requirements. This classification is made depending on the age of the babysitter, income, and work arrangement. Our template allows you to select one of the following that applies to your circumstances.

• Option A: When a minor (under the age of 18) is earning under $400 annually and doesn’t treat babysitting as their main job. In this case, the babysitter doesn’t have to pay the self-employment taxes or file a federal tax return. Also, the parents/guardians won’t be responsible for paying employment taxes. For example, a 16-year-old who occasionally babysits and earns $320 per year doesn’t have to pay employment tax or file a return.
• Option B: When a babysitter is a minor but earns more than 400$ per year. In this case, the babysitter will have to pay employment taxes. They should also file a tax return. However, the parents are not required to withhold or remit taxes. For example, a 15-year-old babysitter who earns $450 per year from part-time babysitting will have to pay self-employment tax and file a return.
• Option C: When an adult (18 or over the age of 18) works independently for multiple clients, establishes their own schedule and rates. They will be treated as self-employed individuals and will have to pay taxes and file a return. The parent/ guardians will not be responsible for taxes on behalf of the babysitter. They shall not issue a W-2. A W-2 is a tax form that an employer gives to an employee at the end of the year to report how much they earned and how much tax was withheld from their pay. But as per the IRS,  if parents/guardians paid a babysitter more than $600 annually, then they need to report it to the IRS using Form 1099-NEC. Babysitters who provide regular services should maintain payment records using babysitting receipts.
• Option D: Other (here you can state whatever is legally agreed between both parties regarding tax obligations).

XII. Confidentiality

As the name suggests, this clause is to protect the confidentiality of the family the babysitter is working for. Babysitters are required to keep the family’s private information confidential. It could be financial and personal matters of the family and child, such as identity, health conditions, the child’s behavior, security details, etc.

This clause also restricts babysitters from posting children’s pictures and videos online without parents’ permission. These rules apply even after the end of the contract. Breaking these rules can lead to severe legal consequences and termination of the contract.

XIII. Dispute Resolution

This clause outlines a proper process to follow in case of dispute instead of seeking the court’s help directly. The dispute could be related to anything, such as payment issues, scheduling issues, and misunderstanding of responsibilities, etc.

• Step 1: Initially, both parties should attempt to resolve the issue through a good-faith discussion.
• Step 2: Seek the help of a neutral mediator in case of good-faith discussion failure. The third party doesn’t decide the outcome; it only helps in negotiation. However, the clause states that the cost of the mediator is shared equally. Our template leaves a blank space to specify the city and state of mediation.
• Step 3: If mediation fails, then either party can seek the court’s help in the same state and city.

Boilerplate clauses

This section talks about all the standard boilerplate clauses mentioned in our template. These are added to protect the agreement legally and clarify how it should be interpreted.

XIV. No Waiver

No waiver clause states that if either party does not enforce a provision of the agreement at one time, it does not mean they permanently give up the right to enforce it later.

For example, if a babysitter arrives at 3:10 pm while their arrival time is 3:00, and the parents don’t complain, that doesn’t mean the parents’ right to enforce this rule or the rule itself ended.

Moreover, any waiver of rights must be made in writing and signed by both parties.

XV. Amendments

This clause ensures that any changes to the contract must be made with the mutual consent of both parties. It’s better to keep the changes in writing and signed, as verbal agreements are unreliable.

XVI. Governing Law

The governing law section specifies which state’s law governs the contract. Our template leaves a blank space here, which makes it useful for citizens of all states in the US. This is important, especially for dispute resolution.

For example, if the babysitting contract is signed in Texas, the contract will be handled as per Texas state laws.

XVII. Severability

This clause states that if any part of the agreement is deemed to be invalid or unenforceable by the court, the rest will remain in effect. Invalid parts can be modified to make them enforceable while retaining their original agreement.

XVIII. Additional Terms and Conditions

This section of the contract allows both parties to add any extra terms and conditions that are not already part of the agreement.

Our template provides flexibility so the contract can address special situations. You can write any special expectations, responsibilities, and other preferences that may vary from one family to another.

XIX. Entire Agreement and Signatures

The entire agreement section confirms that the written agreement in its entirety is the complete understanding between the parties. It means that the terms outlined are final and replace any prior discussions, negotiations, or verbal talks.

Lastly, there is space for signatures for both parents/guardians and the babysitter. Signing means both parties read, understand, and agree to the terms of the contract, which makes the contract legally binding for both parties.

Sums up

A babysitter contract is a valuable tool when it comes to preventing misunderstandings and establishing a smooth working relationship. By following a structured template, both babysitters and parents can make sure that their concerns are addressed.

Our template helps provide that clarity by offering a professionally structured contract that reduces the risk of future disputes.

In our editable template, you can also review the agreement and remove any clause that doesn’t apply to your situation. So, save yourself the hassle and download our ready-to-use contract.