Calling DU Legal Eagles

I enrolled my daughter in child care for the summer. I signed their contract saying I was enrolling her for 11 weeks with a $160 deposit. As it turns out, we won't be needing child care this summer, so I called the office to ask how to disenroll her.

I was told this cannot be done. She said, "When you signed up, you understood it was for 11 weeks." I said, "well, what if I were moving out of state?" She said "you should have thought of that ahead of time." I said, "What if I just found out today?" She said, "Too bad."

Ok, so the whole thing got off on the wrong foot, so I asked her who I need to talk to. She said the buck stops with her. Bullshit! I don't buy that. Everyone has a boss. I told her bottom line is, I'm not bringing her for childcare, and I'm not paying for childcare I'm not using.

So, legally, where do I stand? Summer care hasn't started yet, so she has not been one time. The contract does say 11 weeks with a $160 deposit, but doesn't say a single thing about what happens if you don't go. It also doesn't say what happens if you don't pay. It doesn't give any provisions for cancellation. It doesn't list penalties for breech of contract in any way. Basically, it's a low-grade-amateur photo-copied, one-page "contract."

Unfortunately, my scanner is gone, otherwise I'd scan the contract and let you read it. If you need me to, I can type it out, but I thought I'd get the question out there first.

that in order for them to keep your money they have to have performed a service. Since no service has been performed I would assume you are entitled to your money back. Go file a claim in small claims court and see what happens. I'm not an attorney, but I did stay at a Holiday Inn Express last night. :-)

Is this an individual, or a company?

If it's a company, you might be able to get them to back down if you squawk loud enough.

In either case I suspect they would be satisfied with keeping the deposit only.

but they're not funded by the school or the taxpayers.

See, I figured I'd lose the deposit and that was it.

I doubt these folks would want to jeopardize whatever arrangement they have with the school system.

for cancellation or rescision of the terms of the contract, and there aren't any specific terms detailing what would constitute a breach of contract, then it seems to me that they don't have much to stand on. You will probably lose the deposit, but I don't see that there's really all that much they can do otherwise.

Is there some way you can email the contract to me, because I'm just saying this now without having seen it.

What they would do to collect, and what they could do to collect are two different things.

They might not sue, but they might turn it over to a collection agency, and that could lead to a damaged credit rating.

All enrollments must be for 5 days per week, and for the entire length of the scheduled camp. Up to two weeks vacation is allowed, where you pay no tuition. You are required to give the office two weeks written notice for vacation time. It must be taken in weekly increments (Monday through Friday.)

Tuition is $100 per week. We deduct for any days we do not provide service (holidays, etc.)

Tuition is due on the above dates (I didn't bother listing them out.) If it is not received by the next day, 5 p.m., there is a $10 late fee. If tuition has not been received by the next day, 5 p.m., the student will not be accepted on the following day. ALL STUDENTS MUST BE SIGNED IN AND OUT BY AN ADULT.

Camp slots will be filled on a first come, first served basis. If a site should not receive a minimum number of students, parents would be asked to change to the other site. Tuition for the first two weeks of camp ($160) is due at the time of enrollment. This deposit ensures your spot. It is non-refundable and may not be credited to your school year account. (they also provide this service before and after school during the regular school year.) If your vacation is scheduled for the first two weeks of camp, your deposit will be applied to the first days attended.

I understand and agree to be responsible for 11 weeks of payment for Summer Camp. I understand and agree to the payment policy and to give two weeks written notice for the allowed two weeks vacation.

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Ok, so I know what it says, (and I corrected a lot of their grammar mistakes.) This thing just doesn't seem iron clad to me. First of all, how can there be NO provision for cancellation. What if I died and my wife didn't have my income? What if we moved? I mean, WTF is up with these people. Like I said earlier, I'm not taking her, so I don't know what else to tell them.

I can show this to my former boss, who's the actual attorney, and get his professional legal opinion; but from what I see, I'm not too sure they would be able to do much. Like I said, there is absolutely no provision at all for cancellation or withdrawal or anything like that, and most contracts have at least some provision for that in recognition of the fact that sometimes circumstances occur which may make it impossible to fulfill the terms of the contract.

There are also no provisions at all as to what would constitute a breach of contract and what actions they would be likely to take should such a breach occur. So I'm not too sure that it's a valid contract, but I'd have to get my former boss's opinion since he's actually the attorney.

And even if it IS a valid contract, and like I said I'm not entirely sure that it is, that doesn't mean that they would actually incur the time and expense involved in making you fulfill the contract, most organizations like that don't bother because it would actually cost them more in the long run.

All contracts give a 72-hour cancellation waiver after signing (at least in Texas) What happens if you just don't pay? If you have good credit and they turn this over for collection, you have the option of writing a 100 word statement to attach to your credit report. It shouldn't affect your ability to get further credit.

What ever happens - good luck! You would think that if this is run through the school they probably have a waiting list and your termination of a contract wouldn't be a big deal.

...and I thought I recognized a familiar face at the Holiday Inn last night.