Drawing up my own contract

**natlou82** · 12-04-2015, 08:58 AM

I am a member of Pacey but wondered if it's ok to draw up my own contract as its for a 9 yr old AdHoc. Just seems a waste on the full contract forms.

**bunyip** · 12-04-2015, 10:22 AM

You can always use your own contracts, but AFAIK pacey may refuse you legal support in a contract dispute or arrears recovery if you haven't used one of theirs.

It's a shame because I find the pacey contracts are hopelessly inflexible. They're more suited to a nursery running rigid sessions than a CM trying to meet the complex needs of working parents.

**natlou82** · 12-04-2015, 10:28 AM

Thanks, yes I'm finding they are extremely rigid and require me to write extra notes or attach extra sheets (I'm assuming this is OK and doesn't void the contract in any way?). With this one I'm still going to do my own with it being an AdHoc contract. But continue to use my Pacey ones for the children on contracted hours.

**loocyloo** · 12-04-2015, 10:39 AM

I still use the pacey ones for ad hoc but across the hours bit I write 'ad hoc' and then in the notes add how much notice must be given, fees paid in advance and only refunded if I am unable to work.
I thought about doing my own, but I still needed all the same info!

**bunyip** · 12-04-2015, 12:54 PM

Originally Posted by natlou82

Thanks, yes I'm finding they are extremely rigid and require me to write extra notes or attach extra sheets (I'm assuming this is OK and doesn't void the contract in any way?). With this one I'm still going to do my own with it being an AdHoc contract. But continue to use my Pacey ones for the children on contracted hours.

IIWY I'd 'phone the pacey legal team to check if they'll accept this.

A couple of years ago, I had siblings (1 schoolie, 1 pre-schooler) who had different attendances for term time and holidays. I was also fool enough to give a sibling discount. The pacey legal team insisted I draw up four different contracts to cover this and they said it all had to be on the contract, with no supplementary sheets.

IIUC pacey have a different law firm providing legal support now, so hopefully they might have found an ounce of common sense. Then again, this is law we're talking about, and it isn't even meant to make sense to the layperson.

**natlou82** · 12-04-2015, 01:14 PM

OK thanks for this advice. It is so annoying that the contract doesn't seem to allow for different scenarios. I like to make mine crystal clear to the customer to prevent potential issues at a later date. I will take you advice and give them a call as this week I need to make some major changes to a contract and it won't fit the typical mould! Out of interest are the Michael Morton ones any better? I've paid my Pacey annual membership now but I may consider switching next year.

**natlou82** · 12-04-2015, 01:15 PM

4 separate contracts for those siblings is ridiculous btw!

**lovechildcare1** · 14-07-2016, 12:05 AM

I use my own contracts. I'm with MM and they allow you tto use your own.

I want to add a clause in settling in part. Eg parents or myself can cancel within the first 2 weeks if the child is not settling within good reason.

I don't know though can i add such a clause? I find some use this settling in period to their own gain.

**Dragonfly** · 14-07-2016, 03:53 PM

I use my own to and I'm with MM

**rickysmiths** · 14-07-2016, 03:57 PM

Pacey also allow you to use your own Contracts.

**sarah707** · 14-07-2016, 04:43 PM

Originally Posted by lovechildcare1

I use my own contracts. I'm with MM and they allow you tto use your own.

I want to add a clause in settling in part. Eg parents or myself can cancel within the first 2 weeks if the child is not settling within good reason.

I don't know though can i add such a clause? I find some use this settling in period to their own gain.

You can write anything you want into contracts or terms and conditions - as long as parents are happy with it and sign to confirm they have read and understood it then you can go ahead and use it should there be a problem

**lovechildcare1** · 22-07-2016, 09:28 PM

Thanks all

**JillyBee** · 29-09-2016, 03:44 PM

I have had a 9 year old for a while couple of after school sessions a week.

Parent has given notice while I was away. Agreed to waive the two weeks while I way away as she was digging her heels in.

When I checked contract I realised for some reason I'd done my own rather than a PACEY one, and I hadn't out notice period on there (my own fault)

I told her verbally 4 weeks notice but she is refusing to pay any.

Child has not been in attendance, but parent gets some tax credits toward childcare so can't understand why she won't pay up- where do I stand?