Registration Fee

[Unregistered]

So again, there is no legal remedy to prevent a daycare from charging $150 registration fee, exactly what this new daycare is doing since they are reopening under a new name, and then closing in 3 days and keeping 100 kids registration fees? I feel that the change of time, is a breach of contract, and under a breach of contract, all deposits and upfront costs to begin the service should be refunded.

[Cat Herder]

So again, there is no legal remedy to prevent a daycare from charging $150 registration fee, exactly what this new daycare is doing since they are reopening under a new name, and then closing in 3 days and keeping 100 kids registration fees? I feel that the change of time, is a breach of contract, and under a breach of contract, all deposits and upfront costs to begin the service should be refunded.

Maybe try a joint suit to gain leverage?

Breach of contract is hard to prove without the actual contract, though.

[Blackcat31]

So again, there is no legal remedy to prevent a daycare from charging $150 registration fee, exactly what this new daycare is doing since they are reopening under a new name, and then closing in 3 days and keeping 100 kids registration fees?

Legally there is nothing saying you can't do this.
I am assuming most people wouldn't as building a good reputation in the child care business would require a more consistent business plan but overall, in regards to the above there probably is no legal reason or restraint preventing you from doing that.

I feel that the change of time, is a breach of contract, and under a breach of contract, all deposits and upfront costs to begin the service should be refunded.

How you feel and what the actual law is are two totally different things.

What Constitutes a Breach of Contract?

A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability.

In my honest opinion, COVID excuses much of the legalities right now and many businesses are having to limit hours or revamp all together to meet the changing environment.

I also think that "holding" your space without a holding fee could be considered a fair compromise for not refunding the registration fee.







My biggest question however is how many TOTAL days did your child attend care for that one day per week?

[Unregistered]

Legally there is nothing saying you can't do this.
I am assuming most people wouldn't as building a good reputation in the child care business would require a more consistent business plan but overall, in regards to the above there probably is no legal reason or restraint preventing you from doing that.



How you feel and what the actual law is are two totally different things.

What Constitutes a Breach of Contract?

A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability.

In my honest opinion, COVID excuses much of the legalities right now and many businesses are having to limit hours or revamp all together to meet the changing environment.

I also think that "holding" your space without a holding fee could be considered a fair compromise for not refunding the registration fee.







My biggest question however is how many TOTAL days did your child attend care for that one day per week?

He attended 1 day a week for approximately 1 and a half years, so rough guesstimation would put it at 78 total days...

They did not close due to covid, I have the letter, they closed so they could relicense to accept state voucher moneys, but that required they close and go through some inspections. Also, force majeure (covid) does not allow for the changing of a contract (changing the time) it allows for the cancellation of a contract without punishment, but both parties must be made as whole as possible. If you pay a contractor to build a house for you and he is to finish by x date and a tornado rips the house from the ground half way through, he can refund you what you have paid thus far, or he can finish the house in a new agreed upon time frame, he can not keep your money and decide the new time frame on his own.

[nanglgrl]

Did you pay this registration fee when he started care 1.5 years ago?

[Cat Herder]

I do not see any court returning a registration fee after attending 78 weeks even if only one day per.

The lawyers retainer would cost more than your claim.

[Blackcat31]

He attended 1 day a week for approximately 1 and a half years, so rough guesstimation would put it at 78 total days...

Since you did use care for a reasonable amount of time your child was in essence ENROLLED so more than likely you are not entitled to a refund of a registration fee.

Had you paid the fee, attended a week or two and then they closed, I can see why this would be an issue but you are requesting a refund of a $150 dollars AFTER a year and a half because a business decided to re-vamp.
I don't think pursuing this in court would even be worth it and I'd probably call it good.

They did not close due to covid, I have the letter, they closed so they could relicense to accept state voucher moneys, but that required they close and go through some inspections. Also, force majeure (covid) does not allow for the changing of a contract (changing the time) it allows for the cancellation of a contract without punishment, but both parties must be made as whole as possible.

Again, this depends on what the wording of the contract says specifically. The bolded below may/may not have something to do with their changes and even if it doesn't YOU will need to be able to prove it doesn't. (and will need the contract to do so)

A global pandemic such as COVID-19 (or its downstream effects and consequences) will likely qualify as a force majeure event if the provision specifically includes references to a “pandemic,” “epidemic” and/or “disease.”

If the pertinent force majeure provision does not contain such specific disease references, other more generic “catch-all” provisions pertaining to “disasters,” “acts of God,” “national emergencies,” “government regulations” or “acts beyond the control of the parties” may be asserted to allege that COVID-19 and its downstream effects or consequences are indeed force majeure events.

They could easily say the state registration and/or changing of owners IS due to COVID.

If you pay a contractor to build a house for you and he is to finish by x date and a tornado rips the house from the ground half way through, he can refund you what you have paid thus far, or he can finish the house in a new agreed upon time frame, he can not keep your money and decide the new time frame on his own.

This is not true. My husband is a contractor. Why would a contractor have to refund money for work he already performed?

Again I understand your line of thinking but honestly the child care DID enroll your child. Your child attended a fairly lengthy amount of time. I just don't think you are entitled to a refund of your registration fee. A deposit (maybe) but not a registration fee.

But it really doesn't matter what any of us think, it depends entirely on what your contract says.

[Josiegirl]

I have to ask, was this daycare not worth an extra $2 a day to care and nurture your child over the past 18 months?
IIWM, I'd drop the matter and find another place, let it go.
Sounds like you're stressing over the principle of the matter and it just doesn't sound like it's worth it. JMO

[Snowmom]

Sounds like you're stressing over the principle of the matter and it just doesn't sound like it's worth it. JMO

I'm kind of feeling that too.

Here I was, assuming the enrollment fee was $500-$1000.

After a year and a half of fulfilled services, I wouldn't expect any money back. $150 over the period of 18 months... they could likely produce many receipts in court to prove their costs associated with one enrollment (you) have far exceeded $150. Not that they even have to furnish proof if they have a solid contract outlining procedure & refund protocol.

I'm not even understanding how you can keep comparing your daycare services of a year and a half to swindlers who could "charge a registration fee, then close in 3 days and keep it"... your experience was not a fly by night operation since you were there long term.

Again, it doesn't hurt to ASK.

[Alwaysgreener]

He attended 1 day a week for approximately 1 and a half years, so rough guesstimation would put it at 78 total days...

They did not close due to covid, I have the letter, they closed so they could relicense to accept state voucher moneys, but that required they close and go through some inspections. Also, force majeure (covid) does not allow for the changing of a contract (changing the time) it allows for the cancellation of a contract without punishment, but both parties must be made as whole as possible. If you pay a contractor to build a house for you and he is to finish by x date and a tornado rips the house from the ground half way through, he can refund you what you have paid thus far, or he can finish the house in a new agreed upon time frame, he can not keep your money and decide the new time frame on his own.

Your kidding right??

If a tornado damage your house that is being built, YOUR construction/homeowners insurance would cover the damage not the contractor or his insurance.

The contractor deserves to get paid for the work he has done.