Daycare contract: What you need to look out for (with sample clauses)

Daycare contract: What you need to look out for (with sample clauses)

You've finally found a daycare place — congratulations! But before you sign the contract, you should read it carefully. Daycare contracts are often several pages long, full of legal wording and contain clauses that you might underestimate in everyday life: notice periods, illness rules, additional costs and liability exclusions. This guide shows you what to look out for, which clauses are fair and which red flags you should recognise — including concrete sample clauses.

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Why the daycare contract is so important

More than a formality

A daycare contract regulates the rights and obligations of both parties — the parents and the daycare operator. It is legally binding and based on the Swiss Code of Obligations (OR), in particular on the provisions governing the simple mandate (Art. 394 ff. OR). This means:

• You commission the daycare to care for your child
• The daycare commits to carrying out this mandate professionally
• Both parties can terminate the contract under certain conditions
• The daycare owes diligent care, not a specific educational outcome

What a good daycare contract covers

A complete daycare contract should cover at least these points:

1. Contracting parties and child/children
2. Care days and times
3. Contract start date and probationary period
4. Costs (rate, payment terms, additional costs)
5. Notice periods and conditions
6. Illness and absence rules
7. Holidays and closure days
8. Settling-in
9. Liability and insurance
10. Data protection and photos
11. Special agreements (allergies, medication etc.)
12. Signatures of both parties

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The most important contract clauses in detail

1. Care days and times

What must be regulated

• Which weekdays your child is cared for (e.g. Monday, Wednesday, Friday)
• Times: Drop-off and pick-up times (e.g. 7:30–18:00)
• Drop-off and pick-up windows: Many daycares define fixed time windows (e.g. drop-off between 7:30 and 9:00, pick-up between 16:30 and 18:00)
• Late collection rule: What happens if you pick up late?

Sample clause (fair)

"The child is cared for on the agreed care days from 7:30 to 18:00. Drop-off is between 7:30 and 9:00, pick-up between 16:30 and 18:00. A surcharge of CHF 20 per commenced 15 minutes is charged for late collection."

Red flag

If the contract does not define clear times or the daycare reserves the right to change opening hours unilaterally at any time, caution is advised.

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2. Costs and payment terms

What you need to know

Costs are often the most critical point in the daycare contract. Look out for:

• Monthly rate vs. daily rate: Most daycares bill a flat monthly rate — regardless of whether the month has 4 or 5 weeks
• What is included in the rate?: Meals, nappies, craft materials, outings — or do these cost extra?
• Payment timing: Advance payment (usual: beginning of month) or payment in arrears?
• Price adjustments: When and how may the daycare increase the rate?

Typical cost structure

Cost type	Usual	Check in the contract
Monthly rate (1 day/week)	CHF 400–700	Is the rate per day or per month?
Meals	Often included in the rate	Are there additional costs for special diets?
Nappies	Often included in the rate	Some daycares require parents to bring their own
Craft materials	Included in the rate	Rarely charged separately
Outings	CHF 5–20 per outing	Are these announced in advance?
Registration fee	CHF 0–500 (one-off)	Is it refundable if you don't take up the place?
Deposit	CHF 500–2,000	When is it refunded?

A comprehensive overview of daycare costs in Switzerland can be found in our guide Daycare costs in Switzerland 2026.

Sample clause (fair)

"The monthly care rate is CHF [amount]. Meals (morning snack, lunch, afternoon snack) are included in the rate. The rate is reviewed annually as of 1 January. Rate adjustments are communicated to parents in writing at least 3 months in advance."

Red flag

• Rate can be adjusted "at any time and without notice"
• No clear breakdown of what is included in the rate
• Hidden additional costs (registration fee, material costs, insurance surcharge)

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3. Notice periods

Why this is so important

The notice period is one of the most common points of dispute between parents and daycares. Typical periods in Switzerland:

Period length	Usual?	Assessment
1 month	Rare, rather with small facilities	Very parent-friendly
2 months	Common	Fair and usual
3 months	Common, especially with large daycares	Still acceptable, but long
4–6 months	Rare, but occurs	Very long — check carefully

Termination on which date?

Many daycares only allow termination on specific dates:

• Month-end: Most flexible
• Quarter-end: Termination only as of 31 March, 30 June, 30 September, 31 December
• Semester-end: Termination only as of 31 July or 31 January

Example: A notice period of 3 months to quarter-end means: if you give notice on 15 January, the contract ends at the earliest on 30 June — that's 5.5 months! So always calculate the "worst case".

Sample clause (fair)

"The contract can be terminated by either party with a notice period of 2 months to month-end in writing. During the probationary period, the notice period is 2 weeks."

Red flag

• Notice period over 3 months
• Termination only at semester or year-end
• No right to terminate during the probationary period
• Contractual commitment of 12 months with no exit clause

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4. Probationary period

What is usual

Most daycares agree on a probationary period — this is also in your interest, as you want to ensure your child feels comfortable.

Probationary period	Usual?	Assessment
1 month	Common	Tight, but acceptable
2–3 months	Most common	Ideal — enough time for settling-in
No probationary period	Rare	Red flag — insist on a probationary period

During the probationary period, a shortened notice period of 1–2 weeks usually applies.

Sample clause (fair)

"The first 3 months are the probationary period. During this time, the contract can be terminated by either party with 2 weeks' notice to the end of the week. The settling-in phase is part of the probationary period."

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5. Illness and absence

The most common points of dispute

Illness rules are a perennial issue. The most important questions:

• Do I have to pay when my child is ill? As a rule: yes. Most daycares charge the full rate even during illness-related absence — the place is kept open, the staff are still there
• When do I need a medical certificate? Often from the 3rd day of absence, but sometimes from the 1st day
• What if the daycare won't accept my child? Daycares may refuse sick children if they are contagious (fever, stomach bug, conjunctivitis, lice etc.)
• Is there a refund for prolonged illness? Some daycares offer a reduced fee after 2–4 weeks of continuous absence

Typical regulations compared

Regulation	Parent-friendly	Daycare-friendly
Full payment during illness	No	Yes (standard)
Reduction after 2 weeks' absence	Yes	No
No medical certificate needed	Yes	No
Daycare decides on illness definition	No	Yes

Sample clause (fair)

"In the event of illness-related absence, the full monthly rate is owed. For continuous absence of more than 10 operating days, the rate for the remaining absence days is reduced by 50%. A medical certificate must be submitted from the 3rd day of absence."

Red flag

• No reduction whatsoever, even for weeks of absence (e.g. hospital stay)
• Medical certificate from day 1 without exception
• Daycare can decide "at its own discretion" whether a child is ill

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6. Holidays and closure days

What you need to know

• Operating holidays: Many daycares close for 2–4 weeks per year (often summer holidays + Christmas/New Year). During this time you generally pay no rate — or a reduced rate
• Your holidays: If you go on holiday with your child, you continue to pay the full rate — the place remains reserved
• Public holidays: The daycare is closed on cantonal public holidays. Some contracts explicitly regulate whether these days are included in the rate
• Bridge days: Some daycares close on bridge days — check how many additional closure days per year are planned

Sample clause (fair)

"The daycare is open for 49 operating weeks per year. The 3 weeks of operating holidays (2 weeks summer holidays, 1 week Christmas/New Year) are announced in the annual plan by 31 October of the previous year at the latest. No rate is charged during operating holidays. The daycare is closed on cantonal public holidays; these days are factored into the monthly rate."

Red flag

• More than 5 weeks of operating holidays per year
• No early announcement of closure days
• Full charges during operating holidays

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7. Settling-in

Why settling-in should be contractually regulated

Settling-in is a critical transition for your child. The Berlin model or the Munich model are common, providing for a gradual settling-in over 2–4 weeks.

What should be in the contract

• Duration: At least 2 weeks, ideally 3–4 weeks
• Costs: Settling-in is often offered at a reduced rate or free of charge. Some daycares charge the full rate from the first settling-in day
• Parental presence: In the initial phase, you are present on site or reachable nearby
• Withdrawal: What happens if settling-in fails? Can you withdraw from the contract free of charge?

If you'd like to know what quality features characterise a good daycare beyond settling-in, our guide on the Daycare visit checklist: 50 questions for your first visit will help.

Sample clause (fair)

"Settling-in lasts at least 2 weeks and is individually adapted to the child's needs. A reduced rate of 50% is charged during settling-in. If settling-in does not succeed after 4 weeks, the contract can be terminated without observing a notice period."

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8. Liability and insurance

What you need to check

• Daycare's liability insurance: The daycare must have business and professional liability insurance. Ask for proof
• Liability for accidents: The daycare is liable for damage caused by its breach of duty (lack of supervision, unsafe infrastructure) — not for normal play risk
• Personal belongings: The daycare generally does not accept liability for loss or damage to your child's clothing, toys or other belongings

Detailed information on insurance questions can be found in our guide Accident insurance: Who pays when something happens at daycare?.

Sample clause (fair)

"The daycare has business and professional liability insurance. The daycare is liable for damage caused by a breach of its duty of care and supervision. No liability is accepted for the loss or damage of the child's personal belongings. Parents are required to take out valid health and accident insurance as well as private liability insurance for their child."

Red flag

• Blanket liability exclusion ("The daycare is in no case liable for damage to the child")
• No proof of liability insurance
• Parents must indemnify the daycare from all liability

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9. Data protection and photos

Why this matters

Photos and videos of children are regularly taken in daycare — for documentation, parent apps, websites or social media. Since the revised Data Protection Act (DSG, in force since September 2023), the requirements are stricter.

What should be in the contract

• Photography: May the daycare take photos of your child?
• Purpose of use: Internal only (portfolio, parent app) or also external (website, social media, flyers)?
• Right to revoke: Can you revoke consent at any time?
• Data sharing: To whom is your child's data passed on? (Doctor, authorities, speech therapy etc.)

Sample clause (fair)

"Photos and videos of the child are used exclusively for internal documentation (portfolio, parent app). Publication on the website or social media only takes place with the express, separate consent of the parents. Consent can be revoked in writing at any time."

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10. Special agreements

What should be regulated individually

• Allergies and intolerances: Document in writing, create an emergency plan
• Medication: Under what conditions may the daycare administer medication? (Medical prescription, written parental consent)
• Authorised collectors: Who besides you may collect the child? (Grandparents, neighbours, older siblings)
• Religious or cultural requirements: Dietary requirements, holidays, rituals

Sample clause (fair, medication)

"Medication is administered by the daycare exclusively on medical prescription and with written parental consent. Parents provide the medication in its original packaging with the package insert. The daycare documents every administration."

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Checklist: Reviewing the daycare contract

Before you sign, go through this checklist:

Basics

• Are all contracting parties correctly named?
• Are the care days and times clearly defined?
• Is the contract start date specified?
• Is there a probationary period (at least 2 months)?

Costs

• Is the monthly rate clear and complete?
• Do you know what is included in the rate (meals, nappies, materials)?
• Is there a registration fee or deposit? Is it refundable?
• How and when may the rate be adjusted?
• Payment terms: When, how, where?

Termination

• How long is the notice period? (Maximum 3 months is fair)
• On which date can notice be given? (Month-end is most flexible)
• Is there an extraordinary right of termination?
• What happens in the event of a move?

Illness and absence

• When may my child not attend daycare? (Fever, diarrhoea etc.)
• Do I have to pay the full rate during absence?
• Is there a reduction for long-term absence?
• When do I need a medical certificate?

Holidays

• How many weeks of operating holidays are there?
• Are the dates communicated early?
• Is a rate charged during operating holidays?

Liability and insurance

• Does the daycare have liability insurance? (Request proof)
• Are there fair liability provisions? (No blanket exclusion)
• Do I have to provide proof of private liability insurance?

Data protection

• Is photo consent clearly regulated?
• Can I revoke consent at any time?
• Is data shared with third parties?

Special matters

• Are allergies/medication regulated in writing?
• Is the collection authorisation clear?
• Is there a settling-in concept?

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What to do if there are problems with the daycare contract?

Negotiating contract changes

You don't have to sign the contract as presented to you. You have the right to propose changes. Be friendly but firm:

• "I'd like to shorten the notice period from 4 to 3 months — is that possible?"
• "Can we add a clause that provides for a reduction in the case of long-term absence?"
• "I'd like the photo consent to be regulated separately — not as a blanket provision in the main contract."

Some daycares use standard contracts and are not accustomed to making changes. If the daycare refuses any adjustment, that's a warning sign.

Challenging existing contracts

If you've already signed and consider a clause unfair:

• Check whether the clause is legally valid: Blanket liability exclusions or unreasonably long notice periods may be legally unenforceable
• Write to the daycare management: Problems can often be resolved in direct conversation
• Seek advice: The cantonal conciliation authority, tenants' association or a contract law attorney can help
• Use an ombudsman: Some cantons and municipalities have ombudsman offices for childcare

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Frequently asked questions (FAQ)

Can the daycare terminate the contract on its own initiative?

Yes. The daycare has the same right to terminate as you — with the same notice period. Typical reasons for termination by the daycare: repeated non-payment, serious violations of house rules or irreconcilable differences. In the case of ordinary termination by the daycare, you are entitled to the full notice period.

What happens if I move?

That depends on the contract. Some daycares grant an extraordinary right of termination in the event of a move (shortened period). Others insist on the regular period. Check this clause before signing if a move is foreseeable.

Do I have to pay during the daycare's operating holidays?

As a rule, no, if the monthly rate is calculated based on the actual operating weeks (e.g. 49 instead of 52 weeks). However, some daycares calculate an annual rate divided by 12, so that operating holidays are already priced in. Ask explicitly.

Can I change my daycare day?

This is often not automatically provided for in the contract. However, most daycares are flexible if you enquire early enough (4–8 weeks' notice) and the desired days are available. A contract amendment is then necessary.

Are there template daycare contracts?

Yes. The association kibesuisse provides template contracts to its members. Some cantons and municipalities also have standardised contract templates. Ask your municipality or the cantonal supervisory authority. In the canton of Zurich, for example, the Education Directorate provides template contracts.

What do I need to look out for with subsidised places?

With subsidised places, there are often additional conditions:

• Income documentation: You must regularly submit proof of income
• Employment proof: Both parents must be employed or in education
• Residency requirement: You must live in the municipality that subsidises the place
• Report changed circumstances: If your income rises or you move, you must report this — otherwise the subsidies may be reclaimed

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Conclusion: Better to read once more than pay once too much

A daycare contract is not a bureaucratic detail — it governs your everyday life for the coming months or years. Take the time to check every point. Compare the contract with our checklist. And don't hesitate to ask questions or propose changes. A good daycare will welcome your interest in transparency and fairness — not reject it.

Your next steps

1. Read the daycare contract completely and at leisure — not under time pressure
2. Go through our checklist point by point
3. Put open questions to the daycare management in writing
4. Compare the conditions with other daycares in your area via kizi.ch
5. Only sign when you have understood everything

Also read our related guides:

• Daycare costs in Switzerland 2026 — What you really pay
• Accident insurance: Who pays when something happens at daycare? — Liability and insurance cover
• Daycare visit: 50 questions for your first visit — The perfect preparation

Find suitable care now

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Sources: Swiss Code of Obligations (OR), kibesuisse template contracts and recommendations, cantonal supervisory authorities, Federal Act on Data Protection (DSG). As of: February 2026.