Nanny Contract Template and Sample

Prepare a customized nanny contract to define the rights and responsibilities of both the parents and the nanny. Outline the scope, date, and payment terms of nanny services.

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Last Update November 2nd, 2023

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Table of Contents:

What is a Nanny
Nanny vs Babysitter
How to Legally Hire a Nanny
What to Include in a Nanny Contract
Nanny Contract Sample
Other Types of Service Contracts
FAQs About Nanny Contracts

What is a Nanny

A nanny is someone who takes care of the children of a parent or legal guardian in exchange for monetary compensation. Typically, this care is provided within the children’s family home, and nannies may live both in or out of the house, depending on the parent’s needs. When a nanny lives with the family they work for, this is called a “live-in nanny”,

Nannies are usually asked to do a variety of domestic activities related to the kids, including teaching them manners, cleaning their rooms, doing their laundry, and entertaining them through different activities and pastimes.

Usually, nannies build a close relationship with the families they work with, and they act as partners with the parents to help nurture and raise the children. Some nannies are hired to watch the kids or toddlers even when the parents are home, while others only when the parents are busy or working.

This ensures that the children are always receiving careful attention and that other important tasks around the house are also being taken care of.

Nanny vs Babysitter

Some child care providers and families use the terms “nanny” and “babysitter” almost interchangeably. While there are similarities between the two, and the exact role can differ from family to family, overall, they have some key differences.

In general, nannies are considered household employees, and they take care of the children on a consistent schedule, while babysitters are hired on a short-term basis as needed. This means that nanny responsibilities often go beyond child care, while babysitters typically focus more on children’s safety rather than development.

Here are some of the main differences between nannies and babysitters:

	Nannies	Babysitters
Work schedule	Regular, either full-time or part-time	On an as-needed basis
Job duties	Child care and safety, child development and learning, planning of activities and other household chores or everyday activities	Child care and safety
Contract duration	Long-term	Short-term
Compensation	Salary or hourly wage	Per hour or per day
Extra benefits	Vacation days, holiday pay, accommodation, food, and other benefits	No specific benefits
Taxes	Not always responsible for their own taxes, depending on the contract	Responsible for their own taxes

How to Legally Hire a Nanny

Trusting another person to look after your children can be a difficult decision. However, by taking the necessary steps when hiring a nanny, parents can feel confident and secure that their children will be properly taken care of.

Follow the instructions below to find and legally hire a nanny for your kids:

Ask friends and family for nannies they know and trust. If they aren’t able to reference anyone, search online through a trustworthy and verified website.
Interview potential candidates to learn more about their experience, skills, and approach to child care.
Observe the top applicants interact with your children to get a better idea of how they will perform as nannies.
Perform a background check and call or meet any of the references they listed in their resume. Also, find a service that can conduct a criminal background check online.
Check the average nanny salary in your area to help you when negotiating the nanny’s pay. Remember to always be respectful and polite, as whichever nanny you eventually hire will form a long-lasting relationship with your children and family.
Write up a nanny contract by following the steps in the next section.
Set up payment and tax processes as defined in your contract.

Luckily, legally hiring a nanny is a relatively straightforward task, and you can do it on your own without having to pay for a lawyer.

However, to ensure that you don’t miss any important considerations and that your children are taken care of exactly how you want, use one of our nanny contract templates. By using a pre-made agreement, you can be safe in knowing that all the crucial points are included and that there are no misunderstandings with your nanny.

What to Include in a Nanny Contract

A nanny contract requires various details in order to be legally binding and to ensure it holds up in court. Having all the necessary information also helps avoid future misunderstandings and conflicts between the nanny and the family.

Below are the most important points that should be included in most nanny contracts:

Start and end dates
Address of the worksite
Live-in accommodations (if applicable)
Work schedule and maximum hours per week
Job duties and responsibilities
Performance reviews
Compensation, additional payments, and raises
Payment terms and schedule
Holidays, sick days, and paid time off
Additional benefits
Photo and social media policy
Confidentiality clause and non-disclosure agreement (NDA)
House rules, forbidden acts, and nanny cameras
Transportation policy
Tax rules
Contract amendment and termination policy

Nanny Contract Sample

We recommend looking at a 100% verified sample nanny contract before starting your own.

Use our example below to get a feel for the points to cover and details to include in your own customized agreement.

Other Types of Service Contracts

You might be interested in other services as well. If so, use a service contract to formalize the service.

A service contract is designed to protect both the person providing and receiving the service.

It adds security if the contact is terminated or terms aren’t respected.

Examples of service agreements LawDistrict can help you create:

FAQs About Nanny Contracts

A nanny contract needs to be prepared carefully, to ensure no crucial provisions are missing when it’s signed. To find out more about how these agreements work and must be prepared, check our FAQs below.

How much does a nanny cost?

Nanny salaries usually vary significantly depending on the nanny’s experience and reputation. The more parents can vouch for their abilities, usually the higher they’ll charge you.

However, the cost of a nanny can also differ based on the range of work duties they’ll have, the number of children in care, the neighborhood in which they’ll be working, and various other factors. In general, most nanny salaries are between $15-20 per hour.

What are the duties of a nanny?

Nanny job responsibilities and duties differ from family to family. Some parents will want a live-in nanny that helps with tasks around the house as well as child care, while others will look for a nanny more specialized in child development and learning working on a part-time basis.

Overall, nanny duties usually include some or all of the tasks mentioned below:

Keeping the children safe
Providing everyday child care
Preparing meals
Helping with learning and development
Teaching basic manners
Cleaning and organizing the house
Watering plants
Feeding pets
Doing laundry
Bottle-feeding
Changing diapers
Planning activities for the kids
Transporting the children
Running errands
Carrying out other household chores

Do I have to disclose the use of a nanny camera?

Legally, you are not required to tell your nanny that you’ve installed a hidden camera in your home for video-only recordings. However, depending on your state, it may be illegal to record their voice without their permission. In general, it’s recommended to check the specific rules in your state before installing a nanny camera to ensure you don’t break any privacy laws.

Either way, you may still want to let your nanny know before setting up a video camera, explaining that it’s just for your peace of mind and the child’s safety, rather than due to a lack of trust. It’s important to foster honesty between both parties and establish trust from the start of the professional relationship, as nannies typically work on a long-term basis.

You are only a few steps away from your own Nanny Service Agreement!

Preview of your Nanny Service Agreement

SERVICE AGREEMENT

This Service Agreement (hereinafter, the "Agreement"), is dated as of _________ (hereinafter, the "Effective Date"), and is entered into by and between the following parties:

_________ of _________, _________ and _________ (hereinafter, the "Client"),

and

_________ of _________, _________ and _________ (hereinafter, the "Contractor").

1. SERVICES During the term of the Agreement, _________ shall perform the following services for _________ (hereinafter, the "Services"): • _________

2. PAYMENT AMOUNT AND METHOD

During the Term of the Agreement, the Client agrees to pay the Contractor as follows:

Regular payments of $_________ hourly.

_________ agrees to pay, in addition to the principal and interest due hereon, all reasonable attorney fees, plus all other costs and expenses of collection and enforcement.

In addition to any other right or remedy provided by law, the failure of _________ to pay for the Services when due shall be considered a material breach of this contract, and _________ may terminate this Agreement and/or seek legal remedies.

3. TERM

This Agreement will commence on the Effective Date and shall continue until completion of the Services by the Contractor, unless earlier terminated as provided herein, or unless extended by mutual agreement expressed in writing signed by both parties prior to the completion of the Services by the Contractor.

4. OWNERSHIP OF WORK

The Contractor acknowledges and agrees that all intellectual property and related material, including but not limited to any copyrightable works, ideas, discoveries, inventions, patents, products or other information (hereinafter, the "Work Product"), performed under this Agreement shall be considered "Work Made for Hire" as defined in the U.S. Copyright laws and, therefore, shall be owned by and be for the express benefit of the Client.

If requested by the Client, the Contractor will provide and execute all necessary documentation to confirm or perfect the ownership of the Client to the Work Product.

5. INDEPENDENT CONTRACTOR

The Contractor certifies that, in providing the Services under this Agreement, he is acting as an independent contractor and not as an employee or an agent. Nothing contained in this Agreement shall be deemed to constitute an employment, agency, joint venture or partnership relationship between the parties.

6. NON-EXCLUSIVE CLAUSE

The Parties hereby acknowledge that this Agreement is non-exclusive, and nothing herein shall prevent either Party from entering into similar or same agreements with third parties.

7. EVENTS OF DEFAULT

The occurrence of any of the following events shall constitute and is hereinafter referred to as an "Event of Default":

a. If either party fails to make a required payment when due.

b. If either party becomes unable to perform its duties and fails to make available or deliver the Services in the time and manner provided for in this Contract.

c. If either party becomes or is declared insolvent or bankrupt.

d. If either party's property becomes subject to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

8. REMEDIES

In the event that either party (hereinafter, the "Defaulting Party") fails to perform any of its material obligations under this contract, or if any one of the hereinabove described Events of Default occurs which causes damage to the other Party (hereinafter, the "Non-defaulting Party"), it shall be considered a material breach of this Agreement.

In such an event, the Non-defaulting Party may notify the Defaulting Party in writing and request it to rectify and correct such breach of contract within _________ working day(s) from the effective date of such notice. If the Defaulting Party fails to cure the default(s) within such period of time, this agreement will be automatically terminated.

The defaulting Party shall be liable for any such breach pursuant to the applicable laws.

9. FORCE MAJEURE

Neither party shall in no event be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for any delay or failure in fulfilling or performing any obligation under this agreement when such delay or failure is resulting from circumstances beyond its reasonable control (hereinafter, "Force Majeure causes").

The term Force Majeure shall include, without limitation, acts of God, acts of civil or military authorities, insurrections, vandalism, riots, wars, lock-outs, embargoes, acts of nature, fire, natural disasters, epidemics, work stoppages or other labor disputes, or supplier failures.

A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event:
(a) provide written notice to the other Party of the nature and extent of any such Force Majeure cause; and
(b) use reasonable efforts to remove any such causes and resume performance under this Agreement, as soon as reasonably practicable.

10. DISPUTE RESOLUTION

In the event a claim, dispute or controversy arises out of or in connection with this Agreement, the parties agree to attempt to resolve the claim, dispute or controversy by conducting good faith negotiations.

If the parties are unable to settle the matter between themselves within 30 days, the dispute shall thereafter be resolved by binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association.

11. ENTIRE AGREEMENT

This document constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings, whether oral or written, with respect to the subject matter of this Agreement.

12. SEVERABILITY

This Agreement will be enforced to the fullest extent permitted by applicable law.

If for any reason any term or provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other term or provision of this Agreement. However, the parties shall cease performing such invalid or unenforceable provisions and negotiate in good faith to replace such invalid or unenforceable provisions with a valid, legal, and enforceable provision consistent with the original intent.

13. AMENDMENTS

This Agreement may be amended or modified as needed. However, any modification, variation or amendment of this Agreement shall only be valid if made in writing form and duly signed by the parties obligated under the amendment.

14. GOVERNING LAW

This Agreement shall be governed, construed and interpreted in accordance with the Laws of the State of _________.

15. NOTICES

Any and all notices, requests, demands or other communications to be given under this Agreement must be (i) given in writing and (ii) personally delivered or mailed by certified or registered mail, return receipt requested, or transmitted by electronic mail transmission to the party to whom such notice or communication is directed, to the mailing address or electronic mail address of such party as set forth in the opening paragraph of this Agreement, or to such other address or email address as any party may from time to time notify the other.

16. WAIVER

The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

17. ATTORNEY'S FEES

In the event that any action is instituted to enforce or interpret the validity of this Agreement or any of its provisions, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other available remedies.

18. ASSIGNMENT

This Agreement and all rights and obligations hereunder may not be assigned by either party without prior written consent of the other party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Service Provider:
_________

By: _______________________	Date: __________
_________

Service Recipient:

By: _______________________	Date: __________
_________