Factors to consider when writing your bereavement doula contract

Creating a contract might be a new activity for many bereavement doulas. If that’s the case for you, we’ve got you. Keep these fourteen aspects in mind. 

(Also keep in mind that this is not legal advice from a lawyer, and you should get legal advice from a lawyer who is familiar with the contract laws in your area. Sometimes, you can get a document review for fairly cheap, so don’t assume that the word “lawyer” automatically means “out of budget.” We encourage you to consider these questions and get input from a legal expert in your jurisdiction.)

1. When is a contract helpful or unhelpful?

A contract can be very helpful in providing you legal protection and in setting clear expectations with your clients, especially in the murky and confusing time of proximate grief and in times when your support may vary from family to family (such as supporting a family through a birth). A contract may be less helpful in situations where your services are already clearly demarcated and discrete (such as providing a miscarriage supply kit or doing a funeral planning session with a family).

2. What is not within your power?

You do not guarantee outcomes. It does not matter how good you are at this job. You do not guarantee outcomes, and that should likely be stated explicitly in your contract.

3. What is in your scope -- and what is not?  

Bereavement doulas can provide physical, emotional, informational, advocacy, social, and philosophical/spiritual support. Bereavement doulas are not medical professionals and will not perform medical tasks. You can find details about a Haven Certified Bereavement Doula's scope here.

4. Who is the contract between?

This can help clarify even for the family you're serving who exactly your client is. Is it mom? Is it the parents? Is it the whole immediate family? Etc.

5. What is the length of services?

Keep in mind that you can always extend whatever you put here, but this can be helpful in solidifying expectations as a starting point. If you're working with a family through pregnancy or birth, you might put a certain number of weeks after birth that you'll be on call for them. Or, you might detail a certain number of hours that you will be working with the family, or a certain number of meetings.

6. What expectations should the client have about confidentiality?

If you're a Haven doula, you know Haven's position on this! Make sure your client knows what to expect.

7. What expectations should the client have about your availability?

Will you be on call 24/7 for a client for a certain period of time? If so, when does that period begin and end? Will you be available for meetings at a certain time every week? Will meetings be scheduled as the family feels they are useful? What amount of time do you require as a courtesy between when the family reaches out and when you meet with them?

8. What expectations should you have about respectful treatment?

As disappointing as it is, we would be remiss to leave respect off this list. Bereavement doulas deserve to be treated with respect, and it may be helpful in a bad situation to have had a clause in your contract that specifies that you expect respectful treatment or that the client agrees to treat you respectfully.

Photo by Romain Dancre on Unsplash

9. What expectations should everyone have about infectious or communicable diseases?

If you're working in person, it can be important to have clear expectations about what you and the clients will do if someone has symptoms of an illness. Your contract might spell out whether a party is expected to alert the other party or what kinds of pivots can be made (providing virtual support, sending a backup, etc.) in a situation where you are ill or the client/client's family member is ill.

10. How will you be paid?

Include your cost and include any waivers or scholarships you or someone else is providing. Include also any options that people will have to pay you (cash, card, check, etc.).

11. How will your expenses be covered?

If you are expecting the family to venmo you for hospital parking, or to provide you food, or to cashapp you for gas, make sure that is clear in this section.

12. What kind of backup do you have, and in what kinds of situations will the backup be called in?

Set clear expectations about how a family might end up with your backup (illness, preestablished dates when you will be unavailable, after 18 hours of continuous support, severe weather, act of God or nature, etc.) and who that backup might be (a bereavement doula, a certified bereavement doula, a virtual bereavement doula, etc.).

13. What would be cause for someone to terminate the contract?

This varies by jurisdiction, but some common causes include: a lack of respect, transfer of care due to health emergency, or mutual agreement that services should conclude.

14. What liability do you carry?

You are not a medical professional and should not be liable for medical outcomes.

We hope this helps you get started on your bereavement doula contract. If you have questions, we encourage you to seek out legal assistance in your area of jurisdiction.