Jefferson City, MO asked in Business Law and Contracts for Missouri

Q: If licensed daycare closes due to coronavirus are we required to pay full tuition for full time facility is closed?

I have read the financial agreement signed and it states "parents have financial responsibility for those rare days daycare is closed to catastrophic events. The legal definition of catastrophic events references natural and man made disasters not pandemics. This is the only thing I've signed and 3 weeks of full tuition to pay under a State of Emergency declared as well as having to find and pay full time childcare for the closing dates does not seem very ethical.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: The answer to your question would depend upon how the court construes the definition of a "catostrophic event." Now one will be able to tell you with certainly how a court would construe the definition. For example, how is a "man-made disaster" defined? You are free to sue in small claims court for up to $5000 if you wish, assuming the contract doesn't contain a binding arbitration provision.

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