Retainer or not ?

[v 1461]

Hello,
Need an advice please : I have parents coming in a few days for a contract but the only problem is that baby is NOT born yet and they need me to start next April 2019 😮.
Baby due in July and they will need 30 hours over 3 days and know exactly which days and time .
What retainer could I ask ? I know that some childminder charge 50% retainer but it would be far too much for all this period . I was thinking about 10% ? Is that reasonable ?
What would you do ?
( I will only start retainer once baby is born I guess )
Thanks
V

[Dragonfly]

It seems a long way off to be taking a retainer for me. Have you got the space now or when from? I mean if you have a space from like September then maybe charge from then?
Someone will come along with lots more advice soon.I have never charged a small retainer unless I actually was keeping a free space and wasn’t even temporarily filling it.

[moggy]

I believe the advise is not to make any agreement until baby is born anyway. Pacey contracts advise not before 12 weeks before care.
I'd tell the family to sit tight and wait to 12 weeks before care needed. Then they can pay a retainer if needed.
In the mean time, keep in touch, reassure each other that space is still available etc. But anything can change between now and then. Don't get yourself trapped in a situation you may regret in a year's time.

[bunyip]

I believe the advise is not to make any agreement until baby is born anyway. Pacey contracts advise not before 12 weeks before care.
I'd tell the family to sit tight and wait to 12 weeks before care needed. Then they can pay a retainer if needed.
In the mean time, keep in touch, reassure each other that space is still available etc. But anything can change between now and then. Don't get yourself trapped in a situation you may regret in a year's time.

This is correct.

Personally, I’d happily sign a contract more than twelve weeks ahead of care with the right clients, and I wouldn’t charge a retainer, but that’s my personal decision.

By far the bigger issue here is that you’re dealing with an unborn child. The advice has always been that you should never sign a contract in such circumstances. That includes advice from Pacey, and I believe their insurance/legal support team will not help if you get into dispute over such a contract.

I can understand both you and the parents wanting to firm things up but, sadly, we have to accept that not all pregnancies end happily. If the worst happens (miscarriage or still birth) you are left with a lot of their money for a service you can never provide. You’d be obliged to refund it, and even that will prove to be a very uncomfortable situation.

If the baby is born with disabilities, you are legally obliged to provide the childcare service, which potentially could mean you have to spend thousands of pounds on training, equipment and adaptations to your home.

In any case, I seriously doubt you have any legal basis on which to demand a retainer. It requires you to keep a place available for the client's use. But how can they use it before the child is born? This might be construed as obtaining money by deception, which is a criminal offence. And once it is born, you are obliged to let them start using it immediately . In effect, you’d be contractually committed to take the newborn, even if merely weeks/days/hours old!

These are extreme examples, but stranger things have happened.

Hopefully all will turn out well, Inshallah, but do you really want to take these risks?

[Kiddleywinks]

Agree with everything said above, there are too many variables that can affect parents requirements or my availability between now and next year.
So many times we hear of hours changing from 'full time' to the bare minimum making it unworkable/not worth it, grandparents/family/friends stepping in before a start date, or parents staying at home after all.

I do charge a 50% retainer if I have an available space already, but, I won't sign a contract with more than 3 months before a starting date, and once a contract is signed, that's when I start charging

[v 1461]

Thanks for your reply . I wasn't going to do any paperwork until baby is born anyway .
I might write contract around December and start retainer from then ( small percentage I guess) until start day in April . I might also have changed and updated a few paperwork by then so there is no need doing that too early .
Thanks ( never took retainer before but have a friend who got let down at the last minute after holding a space for FREE for 6 months)
V

[bunyip]

Agree with everything said above, there are too many variables that can affect parents requirements or my availability between now and next year.
So many times we hear of hours changing from 'full time' to the bare minimum making it unworkable/not worth it, grandparents/family/friends stepping in before a start date, or parents staying at home after all.

I do charge a 50% retainer if I have an available space already, but, I won't sign a contract with more than 3 months before a starting date, and once a contract is signed, that's when I start charging

All too true.

I have a client who was due to start three afternoons a week last November. A nice fit for me (I have some who only do mornings) and for mum, who struggled to find a CM prepared to do half days. Then she went for her 'return from maternity' meeting in October, only to be told her post was being made redundant. She now comes for four hours a week, to have some continuity for whenever mum finds work.