Contract Question California

[jstar]

Is the following verbage legally binding in a court of law in CA? I am the parent and the following is from a day care provider contract :


LEGAL FEES


The child development program requires reimbursement of any and all legal fees. This includes any situation where the parent chooses to
take the provider to court or the provider must take the parent to court. The provider's costs due to certified mail correspondence, time spend preparingfor and attending court and any/all costs involved due to provider's absence from the program shall be the responsibility of the parent.

This statement requires the parent to pay all fees whether or not litigation is warranted by either party. Can a contract specify that one party be responsible for both parties leagal fees regardless of the initiator of action or the outcome of the lawsuit? My question is not limited to the enforcement of th actual contract, but also any legal action taken by the provider / myself. Is this legally binding in the state of CA.


Thank You
John

[Mileaway]

Is the following verbage legally binding in a court of law in CA? I am the parent and the following is from a day care provider contract :


LEGAL FEES


The child development program requires reimbursement of any and all legal fees. This includes any situation where the parent chooses to
take the provider to court or the provider must take the parent to court. The provider's costs due to certified mail correspondence, time spend preparingfor and attending court and any/all costs involved due to provider's absence from the program shall be the responsibility of the parent.

This statement requires the parent to pay all fees whether or not litigation is warranted by either party. Can a contract specify that one party be responsible for both parties leagal fees regardless of the initiator of action or the outcome of the lawsuit? My question is not limited to the enforcement of th actual contract, but also any legal action taken by the provider / myself. Is this legally binding in the state of CA.


Thank You
John

Anyone can put whatever they want into a contract. It's up to you whether you want to agree and sign it.

However, a Judge will usually weed out something that is out of line. Hopefully, you'll catch it before it ever gets that far.

Be careful when signing a contract, take the time to read the fine print, ask questions about unclear issues and always get it in writing. Good Luck.