If a client cancels a contract, am I legally obligated to refund a non-refundable retainer?

Question Details: I have a client who seeks 8 staff members to provide quality care to their elderly aunt with late stage dementia and is non-ambulatory. It is a trustee account that funds are coming out of. I entered a verbal contract with them on 07/10 and a written contract on 07/11. The contract states that I will receive $1000 per position so an $8000 NON REFUNDABLE retainer fee to initiate the search. The retainer fee results in a 3 discount in the total fee which is now 12 of the annual projected salary of each staff member. The client, for various reason, has cancelled the contract with me and requesting a refund of the non-refundable $8000. I am legally obligated to refund that $8000 if I have a signed contract stating it is a non-refundable retainer fee to initiate search. In the 6 days since a verbal contract and 5 days since a written and signed contract, I have sourced candidates, set appointments to screen candidates, wrote a job description, posted that JD on multiple job board which cost me money, screened candidates and even submitted a candidate for consideration.

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