What is a Postpartum Doula Agreement?
When you hire a postpartum doula, you and your doula will be entering into an agreement that details the scope of the work to be performed, the hours or number of days services are to be provided, and other important policies, such as availability during the day or night. This written agreement is known as a contract. It will detail the scope of the doula’s work in the way of duties and tasks, payment process, and cancellation/rescheduling policy.
Although specific contents of a contract can vary somewhat depending on the doula, the contract will outline general policies, such as the following:
Scope of Work. This includes tasks and duties performed and whether the client has the option of expanding these duties if desired.
Hours and Days. This refers to the number of hours and days, whether scheduled or not, that services will be provided .
Payment Policies. This includes details on how payment is to be made, such as upfront, at the end of services, how payment will be made for services performed in excess of the contracted amount, methods of payment and whether payment plans are available.
Cancellation/Rescheduling Policy. This defines how payments are to be handled if the services have to be cancelled by the family within a certain amount of time. Also, requests to change the schedule (put off some of the service hours, add more services, change the time of day service is scheduled), which may incur an additional fee.
Availability. This defines the hours of day that the caregiver is available for work and also specifies whether the caregiver is available by phone, email or text message.
Key Features of a Doula Contract
- Services: Your contract should describe in detail the duties, services or activities you (or your agency) will perform. For postpartum doulas this may include: Physical care for the baby, such as diapering, dressing, bathing, taking temperatures, running a new baby’s first bath, helping your baby learn to go to sleep and stay asleep, etc.; Physical care for the mother. This can include such procedures as perineal care (peri care), vaginal healing, breast/nipple care if she is breastfeeding, caring for C-Section wounds, etc.; Support for the family, such as caring for other siblings and family entertainers, assisting in the operation of the household, organization, etc.; doing laundry; keeping the nursery clean; cooking light meals; running errands; assisting and providing education to the parents with breastfeeding; care and education for infants; help with home office management, etc.; Care for the postpartum mother, recovery from the pregnancy and birth, helping her learn infant care; assistance with home office management, etc. Also, visit duration (hours per day and hours per week) and time of day (morning, evening, overnight) that services will be provided should be included in this section.
- Fees: Many postpartum doula agencies have set fees based on the population in which they live. If your fees will differ, they should be listed. If you bill by the hour or offer various service packages, you should list the fees as well as how those fees are determined, i.e., hourly or package billing.
- Payment: How and when your client will pay should be discussed in this section (or designated appendix). This includes, but is not limited to, payment plans, pre-payments, deposits, etc. If you accept credit cards, you should also make sure to include any service charges your credit card company may charge you.
- Scheduling: When and how you will be available to schedule visits should be included in your contract. Any required scheduling period (such as one week, one month, etc.) should be included. If you are not available at certain times, whether for personal reasons or otherwise, you should also include this information in this section.
- Cancellation policy: If you have a cancellation policy, or any other policies for modifications and refund, they should be stated in the contract. Some people require "change fees" if a family needs to alter a previously scheduled appointment. Whether you will provide full, partial or no refunds should be stated in this section.
Legalese You Need to Know for Doula Contracts
Clients must be protected as much as possible by creating an enforceable contract between them and their postpartum doulas. However, it is equally important for postpartum doulas to ensure their own rights and provisions are clearly stated and enforceable. When preparing a legally-binding contract, postpartum doulas must make sure the agreement is entirely clear and devoid of any ambiguity. A well-written contract should be clear enough that it can’t be misunderstood or incorrectly interpreted. It needs to contain clearly defined provisions that spell out the terms of the payment, services provided, as well as a schedule of payments. All the details that were discussed when negotiating the contract should be explicitly defined in this document. Postpartum doulas also need to be aware that some states require caregivers to obtain a business license. It’s a good idea to check the local city and county governments and professional doula organizations in your area to determine whether a business license is required. When hiring a postpartum doula, clients should find out if she or he has obtained a business license. If there are doubts, clients could check the local licensing agency online or request a copy of the business license from their postpartum doula. Clients may not realize that some states require providers of services to carry professional liability insurance. There are also some states that require certified postpartum doulas to be certified by an approved organization such as Doulas of North America (DONA), Childbirth and Postpartum Professional Association (CAPPA), or Childbirth International (CBI). Some hospitals and/or insurance companies may only reimburse the cost of a postpartum doula when care is performed by a professional who is certified by a recognized national organization. It’s important to check for these criteria when hiring a postpartum doula.
Tailoring Your Doula Contract
Postpartum doulas have different areas of expertise and offer different services. So there are a few ways your contract can be tailored to meet your needs and the needs of your clients. I don’t recommend getting too wordy in your contract overall – I think a four-page contract is the max, and even that is pushing it. But you can consider adding an additional page or two to your contract to include information that is specific to your services.
For example: If you are a newborn care specialist, then you are probably going to want to add the following to your contract: "I specialize in working at night with families who have healthy, term babies, and my job is to help everyone in the family get a good night’s sleep. I am NOT a babysitter or a "family assistant," so I do not perform household tasks such as laundry, dish washing, or picking up toys, nor do I care for siblings while mom/dad or the other partner is sleeping."
That may seem over-the-top, but I can’t tell you how many clients call me in a panic because their nanny or housekeeper has left the older kids (or the baby) with her to tend to the baby at night, even though that is absolutely outside of the babysitter’s job description. And after a few weeks in our house, they expect this to be the routine and are baffled when we aren’t doing it. They feel put-upon to be asked to pay more, or just to be told it’s not part of our services.
With every section of your services, think about what you want – and be as specific as possible. Include the amount of time and/or the number of visits and/or calls you will spend on each service. Theoretically , it all comes together with "unlimited phone support" if you write "I’m available as you need me throughout the day, but will not be available for unlimited hours for chats every day or every night."
You might want to include specifics about topics of phone support – household topics are probably not going to fall within your scope so you may want to say, "Phone support is for breastfeeding and/or bottle feeding issues only. Please make another appointment if you have questions about creating mealtime schedules or there are problems with the non-nursing parent bonding with the baby."
Some postpartum doulas have talked to me about providing one evening educational session about how to help soothe and manage babies during the crying hours, and, if a client wants to schedule an additional hour for me to come back to educate her partner about these topics while I care for the baby during the crying hours, the cost for the extra hour is $___.
You could even put a limit on your nighttime hours. Some postpartum doulas work only 10 or 12 hours a night, and some have chosen to work 16-hour shifts. Clarifying those things in advance may help you avoid miscommunication and conflict with your clients.
One very important point: Once you’ve signed the contract, the client must pay you for anything you did according to your contract. Whether or not the client liked your services or thought she could get someone else to do the job for free is irrelevant.
Don’t take things personally. There are a huge variety of postpartum service providers out there, and we are not all a great fit for every family.
Common Doula Contract Pitfalls
Common mistakes parents make in postpartum doula contract terms and how to avoid misunderstandings or disputes
Many doulas work on word-of-mouth referrals and a friendly handshake. Whenever there is a business transaction, however, especially one that may last for months, the parties should be clear about the terms of the deal, the expectations of each party, and what happens if there is a dispute. This is where a doula contract comes in. Before signing any document, parents and doulas should read the entire contract carefully to make sure they understand all terms and conditions. Sometimes the contract will cross reference another document or include other documents as an attachment. Those attachments are also important and should be read! If there is something you do not understand, ask your midwife or lawyer (an initial consultation with an experienced lawyer can be under $200, and mediation services are generally lower still). Even if you do not have an attorney review your contract, do not sign anything you do not understand. Common mistakes in doula contracts are: To prevent your postpartum doula contract from becoming a source of friction between you and your doula, the best approach is always to make sure you have both read and understand all the terms before you sign. If you later disagree with your doula over the terms, bring it up in a professional manner…in writing. Do not push back only verbally, out of frustration. Doing so will make it seem like you did not understand the contract terms in the first place or failed to do what you are required to do. If you don’t agree with something in the contract, ask for a change. The doula may or may not agree to change the terms of the contract, and then it may be time to walk away. If you do end up in a dispute, collecting evidence of the doula’s alleged failure to provide services is key! Written documentation will help you with this, and it’s a good idea to keep a journal of activities, times, dates, etc. so you can detail not only what happened, but when it happened (or failed to happen). If you and your postpartum doula cannot work out the problem among yourselves despite good faith efforts, mediation is usually your best option. It is often quicker and less expensive than filing a lawsuit or bringing an arbitration claim. Mediation has the added bonus of being a creative negotiation process, so even if you feel you are 100 percent right, it may still be worth going through the process in hopes of resolving the conflict.
How to Review a Doula Contract as a Client
Clients should review and understand the contract . Ask your postpartum doula the following: Is this contract legally binding? Are there any clauses in the contract that are against the law in your state? What happens if the client cancels or changes days? Is there a minimum shift? Can payments made be pro-rated or are they non-refundable? Does the client have the option to get the extra hours back later or are they forfeited? Does the doula allow for overtime rates if the hours go past the agreed upon end time? Does the contract require an initial postpartum visit (if so, when will it happen?) and postpartum home visits? How long, currently, does the doula expect this contract to cover? Are late fees assessed if the client is late? Is there a standard health and safety contract or questionnaire that needs to be filled out? Does the doula ask for any vaccinations that are required? Does the doula make these vaccination requirements available to the client? Does the doula require background checks, CPR and First Aid and/or any additional education?