The Babysitting Liability Waiver is essential for protecting both caregivers and families in Canadian childcare arrangements. This document should be used whenever a babysitter or childcare provider agrees to care for children, whether on a regular or occasional basis. It incorporates provincial childcare regulations and Canadian common law principles to create a legally sound agreement that defines responsibilities, establishes emergency protocols, and addresses liability concerns. The waiver includes crucial information such as medical authorizations, emergency contacts, and specific care instructions while protecting the caregiver from claims of ordinary negligence. It's particularly important in Canadian jurisdictions where childcare regulations vary by province and territory, and should be customized to comply with local legal requirements.
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1. Parties: Identifies the parent(s)/guardian(s) and the babysitter/caregiver, including full legal names and contact information
2. Background: Brief context explaining the purpose of the agreement and the babysitting services to be provided
3. Definitions: Defines key terms used throughout the document including 'Services', 'Emergency', 'Authorized Persons', etc.
4. Scope of Services: Details the specific childcare duties, responsibilities, and expectations of the babysitter
5. Child Information: Essential details about the child(ren) including age, medical conditions, allergies, and special needs
6. Emergency Authorization: Grants authority to the babysitter to seek emergency medical care if needed
7. Assumption of Risk: Acknowledges inherent risks in childcare and parent's voluntary assumption of these risks
8. Liability Waiver: Core waiver language releasing the babysitter from liability for ordinary negligence
9. Limitations of Waiver: Specifies what the waiver does not cover (e.g., gross negligence, willful misconduct)
10. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable province
11. Signature Block: Space for dated signatures of all parties, including witness if required
1. Transportation Authorization: Used when the babysitter may need to transport children in their vehicle
2. Photography Consent: Include when allowing or restricting photos/videos of children during care
3. Confidentiality Clause: Added when the family wants to ensure privacy regarding personal information
4. Payment Terms: Include if the document needs to address compensation and payment schedule
5. House Rules and Guidelines: Optional section for specific household rules and preferences
6. Termination Clause: Include for long-term arrangements to specify how the agreement can be terminated
1. Schedule A - Emergency Contact List: List of emergency contacts, including parents, alternate guardians, and medical providers
2. Schedule B - Medical Information Form: Detailed medical information including health card numbers, allergies, and medications
3. Schedule C - Child's Daily Routine: Overview of the child's schedule, meals, naps, and activities
4. Appendix 1 - Authorized Pickup Persons: List of people authorized to pick up the child(ren) besides parents/guardians
5. Appendix 2 - Incident Report Template: Standard form for documenting any accidents or incidents during care
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Risk Management
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Client Relations
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Relevant Roles
Babysitter
Nanny
Childcare Provider
Family Lawyer
Legal Assistant
Childcare Agency Manager
Risk Management Officer
Family Services Coordinator
Childcare Center Director
Human Resources Manager
Contract Administrator
Insurance Agent
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