Originally Posted by 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?
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.
Originally Posted by Unregistered:
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?