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Snowmom 09:03 AM 07-15-2016
Originally Posted by kiteguy112:
No mam, no handbook, pamphlet, or receipt.

Let me explain a little bit. This was not a random daycare as I have three friends from our church working there.

Also the reason for the rush was our plan was not to have them in daycare until i returned to work in August as i'm a school teacher. I am teaching summer school but it would have ended around the 6 weeks maternity leave my GF had from work and then I would keep the kids until the closer daycare had its opening. When she was offered a job earning twice as much and asking her to start asap, we had to change plans.

I agree that the rush was the problem, but we were also rushed by the school as they wanted the check that day.

Some of you have said that you always have your parents sign a contract before you take their money. Why is it that you feel all the responsibility then on me and not the daycare for not following what sounds like standard policy for most schools?

When I ran a business we had a no refund only store credit policy, and it was posted on the wall as well as on every receipt because if not if someone disputed a charge the CC bank would refund the customer and take the money back from us because it was our responsibility to inform them of the policy.

I'm coming at this from a business frame of mind, which may be wrong. I did research and saw many daycares charge holding fee's to hold open spots which was half of the weeks tuition which was why I thought that would be a fair fee.

The lawyer did e-mail me a contract after the fact saying this is what I should have signed, but it was out of date. The contract said they provided meals which they do not, so even that contract if presented to us wouldn't have been correct. At the end it also says-

"The following items are required for each new student(s) to be registered at the center:

A signed copy of this contract
A completed enrollment form
$75 annual fee
First week of tuition cost, non refundable if the child does not attend."

Since they didn't have a signed contract was my child actually registered? Is also doesn't say the Supply fee is part of the non-refundable deposit yet they didn't offer to return that either.

Its a weird situation, and one I didn't expect. I appreciate the advice everyone.
The reason I ask is because by handing them money, they can argue that you agreed to their terms with an "implied contract", vs and "express contract", which is a written contract.
(Contract: you agreed to services by paying a fee, they agreed to services and holding the position by accepting the fee).
The lawyer forwarding you his contract would prove what their normal policies are (implied contract). An implied contract is harder to prove, which I'm guessing is why they have him involved. Now, if that contract didn't outline that the fees and tuition were non-refundable, I would keep that contract and use that as to what your options are if you decide to go to court.

Personally, I would do as Blackcat suggests and state what you want in writing with a specified timeframe and what steps you'll take after that and cease communication from there.

As far as why we think the responsibility relies on you (as you stated above): because it's your money. You are accountable for your money.
We (providers) draw up contracts to protect ourselves, just as the customers should review contracts to protect themselves. The fact that this provider/center didn't have you sign one or even a receipt that states non-refunable is probably one mistake that they will never make again...and you as well.
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