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[QUOTE="Crusty, post: 501580, member: 2265"]
Let's change your scenario a bit. If you also had a contract with someone for the $100 admission fee and it had a liquidated damages clause in it that said if the person did not show up they would have to pay $300 - would that be reasonable? What my lawyers always explain to me is that the courts would say not because you only suffered $100 damage in the worst case. In addition, the $100 loss was clearly determinable at the time of the contract. The $200 would be deemed a "penalty" rather than damages and since penalties are deemed "as against public policy" in NC, are unenforceable. That is what this is all about (at least the exit fee thing.)
 
However, IMO a NC judge (state or federal) will probably uphold the fee as reasonable and/or indeterminable at the time of the contract and that will be that. The judge can (and IMO will) get around all the other arguments in any number of different ways, including ignoring them. Since this would be a finding of fact and not a legal issue, the case would not be have grounds for appeal. Hey Maryland, welcome to North Carolina.
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