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"Non-Refundable" Fees in Adoption Contract

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E

EJsDad

Guest
What is the name of your state? CA/UT

We engaged the services of a private adoption agency in Utah (we are residents of California) who provides placement services to adoptive parents.

We signed a contract detailing the services the agency would provide and specified the compensation for these services in an attached fee schedule. The contract specifies that all fees are "non refundable" and that should any party cancel the agreement, none of the already paid fees would be returned.

I'm wondering if there is any way around this language if the "services" specified in the contract have not been performed (or minimally performed) while a partial fee payment has already been made ($7,000)?

A little background, we're not comfortable continuing our adoption with this agency and we have already submitted in excess of $7000 to the agency. There have been communication problems and run-arounds between this agency in Utah and our agency in California, which has really turned us off with the agency.

We've paid the "registration/application" fees, but we've also paid an "activation" fee of approximately $7,000. The agency has done nothing other than set up a "file" for our account which includes our application and supporting material.

From my limited legal education, I believe that many courts would deem a contract unenforceable if one of the parties is placed in an unfair bargaining position.

My question is, would this be an "unfair" bargaining position, or am I simply out of luck?

Thanks in advance! :)
 



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