They don't have to refund you, and you can't get your money back, until they are actually in breach of contract--not providing the legal services (i.e. meeting any ratios or requirements) you paid for. You write that they "will be out of ratio once school starts"--that means that they have not yet breached, since they have not begun providing the service (preschool) yet (since school has not started). Legally, you can't do anything until they are actually violating their obligations--not just that you anticipate them violating them. Once they are in breach, then if they won't return your money, you could sue them for it.