Contract Best Practices
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    • Contract Best Practices

    Contract Requirements

    All contracts must clearly state the full fee that the client owes and what services are included.

    All birth and postpartum doula contracts must include appropriate language stating that payments are made through boober and all additional bookings of services that are listed on boober are to be made through the boober platform. Boober does not prescribe the exact text to be used, but here is an example of appropriate language:

    All payments shall be made through the boober platform. Initial 50% payment is due upon signature of the doula contract and the final 50% payment is due at 36 weeks of pregnancy. In situations where contract is finalized after 36 weeks pregnancy, 100% payment is due upon signature of the contract. 

    All requests for follow up bookings or additional services that I offer through boober, shall be requested, booked and paid through boober.

    Additional Considerations for Doula Contracts
    These are best practices suggestions. We recommend that you contact a lawyer to review and finalize any legal document you may use with your customers.

    Your contract should consider:

    • If 2nd payment is not paid, doula is not obligated to attend
    • If 2nd payment is not received doula will retain the initial payment
    • If client goes into early labor and doula does attend and client has not yet paid 2nd payment, full payment shall still be required (within x days of birth).

    Do you have a COVID clause?

    • What happens if your client tests positive? 
      • Most people say this means that services become virtual
    • What happens if you test positive?
      • most doulas say they will send backup or can provide virtual support
    • Do you discuss when your services become virtual? Best practices suggest your care should become virtual if:
      • Your client tests positive for COVID
      • Your client's hospital doesn’t let you in (whether legally or otherwise) or government regulations don’t allow
      • Lockdown gets enforced
      • Refunds should not be offered in this case since you are providing virtual services.

        Best practices also suggests having a clear idea when in-person turns to virtual case (hospital not allowing you in, birthing parents test positive) and that you have good backup as always in case you are positive etc.
        And for postpartum best practices suggest making sure that if they have COVID or get exposed that remaining hours can be used virtually and that if they don't want that, then your normal period that you allow the hours to be used in can be extended for several months.
    • Do you mention backup in your contract and provide clear guidelines for when backup might be used?
      • All doulas should have several backup providers who are equal to or have more experience in case you should become sick, have an emergency or are at another birth.
      • Speaking confidently and transparently about backup at your meet and greet and having it in your contract helps your clients become accustomed to this idea
    • Does switching to virtual include a refund?
      • At this point best practices suggest no need to refund. You are still providing continual support and care. You could offer a few hours of postpartum care in-person when safe additionally if you like. 

    When do you provide refunds?

    • It is important to think through the scenarios in which you would provide a refund
    • Most doulas provide refunds if there is a loss or stillbirth although most people don't write this into their contract. You can always make the determination to provide a refund where you see fit.
    • If you do not attend the birth AND you do not send it back up AND it is your fault, it is appropriate to provide a full refund.

    What happens in case of a scheduled cesarean?

    • "in case of scheduled cesarean clause" is recommended since it's always possible that someone's birth becomes a scheduled cesarean. 
    • you can offer to 
      • 1. attend the cesarean birth and provide support before the cesarean and after in the recovery room and in the operating room (aka the OR) if you are allowed in (dependent upon their OB and anesthesiologist) OR 
      • 2. to provide x hours (most people offer 8-12 hrs) of postpartum care within x weeks of the birth. (usually within 2 weeks of baby coming home).

    Backup Doulas

    • Contract should be clear that backup will be provided (most people say and use backups of equal or greater experience) and that rates remain the same whether service is provided by hired doula or backup doula
    • Backup doulas are arranged directly by the hired doula and may or may not be on the boober platform (meaning they may or may not be screened by boober). Ideally we prefer that your backup does provide services on boober and always appreciate an introduction.

    Additional Considerations for Postpartum Doula Contracts 

    • Does your contract specify if you are being hired for daytime or overnight shifts? What happens if a client wants to change form one to the other? 
    • Do you have a COVID clause?
      • What happens when your clients test positive (either switches to virtual or they wait to have you in-person once they are no longer contagious) or if you test positive (send backup or provide virtual depending on which they prefer)
      • Similar considerations should also be taken for other illnesses - be clear about what happens if you or a member of the client's family is sick with a contagious illness.
    • Do you mention backup in your contract and provide clear guidelines for when backup might be used?
      • All postpartum doulas should have several backup providers who have equal or have more experience and can cover some of your shifts in case you become sick, have an emergency or are temporarily unavailable.
      • For postpartum, clients should be able to decide if they want to wait to see you again or prefer the backup
      • Speaking confidently and transparently about backup at your meet and greet and having it in your contract helps your clients become accustomed to this idea
    • Do you discuss under what circumstances your services switch to virtual? Best practices suggest your care should become virtual if:
      • Your client tests positive
      • Lockdown gets enforced
      • You are positive and they don’t want your backup
    • Does switching to virtual include a refund?
      • Depends. Ideally extending the amount of time you are willing to extend your contract is the best way to avoid having to refund. Where most doulas say their hours need to be used in the first, 2, 4 or 6 weeks depending on how many hours purchased, best practices suggest allowing the extension to significantly more time in case of lockdown or their illness. 
    • Discuss covid testing if client wants to
      • Who pays for rapid testing if they want it frequently