4 Important Clauses to Include in Your Doula Contract

As a doula, your primary focus is always going to be on providing the best support possible to expecting and new parents. However, there is also a legal element to the job and you need to make sure that you are protecting yourself and your business at the same time as you provide this care. One of the most important things you will do is write, and probably rewrite, your contract, which can feel overwhelming without a background in law. BirthBase offers doula contract templates that make this process simple, allowing you to focus more on your clients and less on your contract. As you begin to fill in these templates, here are some of the most important things to include. 

The Services You Offer - and Don’t Offer

This may seem obvious, but it’s a critical piece of an effective contract. You’ll want to be explicit about exactly what you do as a part of your work. This may include the usual emotional and physical support, prenatal and postpartum visits, etc. If you offer any special services, be sure you include those and whether or not they are separate line items.

We also recommend outlining what you don’t do, such as medical tasks, making decisions for your clients, or transport. This can cover you from a liability perspective and also ensure that your client is clear on the services they are getting. If they ask for something outside your scope, you can easily refer back to the contract. 

Call Time and Coverage 

In addition to including the client’s expected due date, you should outline exactly when your 24/7 on-call time begins and ends (commonly 38 to 42 weeks, though this can vary.) Define exactly what on-call means for you and how they should contact you when you are needed, as well as set expectations for how long you have to arrive after contact is made.

Your contract also needs to account for what happens if you are not able to make their birth. An early or late birth can mean that you are with another client or out of town, but most contracts provide a backup option in these cases. Specify your backup arrangements, including who would be serving in your place, how to contact them, and any additional information about that person. You can note that you commit to using an app like BirthBase to share information with your backup and have permission to do so in case they are needed. 

Refund Policy 

This is always one of the trickiest areas for a doula. Refunds can come up for a variety of reasons- some people change their mind, you may miss a birth that goes extremely quickly, or you are unable to attend due to hospital restrictions. Be sure to account for all scenarios you can think of and outline when they would or would not receive a refund. Many doulas build in schedules, so that after a certain point, money cannot be refunded, or a deposit may be forfeited. 

Lay out scenarios in which you would owe a refund as well, such as if you fail to answer their contact while you are on-call. The more that you can account for in terms of refunds, the less likely you are to end up in a dispute.

Opt-Ins for Additional Service 

Many people will contract with you early in their pregnancy for a specific set of services, like labor support and the included visits. If you offer other services, like placenta encapsulation or postpartum support, this may not be laid out in the original contract, but many clients will want to add it on later after you have gained their trust. Include a section in your contract that allows for amendments when these additional services are requested- this allows you to avoid another full contract, as well as reminds the client you have a breadth of offerings. You can even offer packages based on your BirthBase portfolio along with these contracts.

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