Dance Instructor Dating a Student

[Rhythmdancer]

The non-specificity of the clause regarding instructor pretty much voids the clause altogether,
even if anything like that had a chance in court.

Untrue— the clauses that instructors sign state that you cannot communicate with ANY student outside of the studio. They also state you cannot become romantically involved with any student of the studio. The contracts typically cover a span of time in which you cannot communicate with them after leaving the employment of the studio. These are typically up held in court and I know a few instructors who got their studio sued or threatened to be sued because they either took students or taught close to their former studio. In every case, the former employer won.

 

[IndyLady]

Don't need a lawyer. Just go to small-claims court with self-representation.

I repeat, I aim to avoid court period. That includes small claims court.

It's amazing how unsavvy and easily confused American consumers are. No wonder
banks, mortgate companies, gift card companies, etc., have fleeced the population.

Is this a veiled insult?

 

[Partner Dancer]

I don't think this is what people are talking about. What I was referring to were clauses saying the student would not hire the teacher outside the studio. That's slightly stronger than a nonsolicitation clause, so I characterized it as respecting the noncompete, since it basically means you won't help an instructor break a noncompete.

Will never hold water. If the instructor did not solicit the ex-student, and the ex-student
clearly sought out the instructor "unsolicited," then no non-compete clauses can
apply. It's the customer/consumer's right.

 

[Partner Dancer]

Is this a veiled insult?

No, it's a general statement about how businesses have used tactics to
confuse consumers into losing sense of themselves and their rights.

 

[Warren J. Dew]

I think we have lost the OP entirely. Either she did not like the responses and has moved on, and/or the situation has taken some sort of turn that she does not wish to disclose. NTTAWWT.

Or she decided not to reveal any more details, and is just reading, which would be wise.

 

[Partner Dancer]

Untrue— the clauses that instructors sign state that you cannot communicate with ANY student outside of the studio.

Huh? What kind of broad-net clause are you talking about?

Just do a Web search on non-compete clauses. They all involve "solicitation," which
could get involved (including 3rd-party involvement). No clause can prevent a
customer from actively seeking out the previous service provider (instructor) on
his/her own will. Of course, there must be proof there was no solicitation.

In the cases you mentioned, there probably was some solicitation going on.

 

[Rhythmdancer]

Huh? What kind of broad-net clause are you talking about?

Just do a Web search on non-compete clauses. They all involve "solicitation," which
could get involved (including 3rd-party involvement). No clause can prevent a
customer from actively seeking out the previous service provider (instructor) on
his/her own will. Of course, there must be proof there was no solicitation.

In the cases you mentioned, there probably was some solicitation going on.

The non-frat clauses stipulate that you cannot communicate with your instructors. an instructor can be your friend but only in the studio or during studio outtings. This is what helps the non-compete become even more effective.

 

[Partner Dancer]

The non-frat clauses stipulate that you cannot communicate with your instructors. an instructor can be your friend but only in the studio or during studio outtings. This is what helps the non-compete become even more effective.

Are you serious? There is a big difference between casual conversation/communication
and "fraternizing." If you see your instructor at the supermarket, there is ABSOLUTELY
no clause that could prevent you from chatting with the instructor about what meat
or poultry is the best buy.

(Some) Studios like to think they can control people's lives. Wishful thinking.

OTOH, when it comes down to this level of "cult" control, one could start
writing off dance payments as religious contributions.

 

[IndyLady]

Huh?

Are you serious?

Deep breath...

 

[DL]

(Some) Studios like to think they can control people's lives. Wishful thinking.

In general, the interest of the studios is to protect their businesses -- not to "control lives". In any case, no matter what contract is at hand in any industry, the overriding real-life concerns are:

1. What are the interests of the parties to the contract?
2. Are the parties acting in good faith throughout the duration of the contract?

People enter into contracts because they *want* to have relationships with each other over some period of time. All this agonizing over fine details, enforceability, etc., misses the point IMO. If things get to the point where any of that matters, the relationship has probably already failed -- which means that people aren't getting what they wanted in the first place. It doesn't really matter (for this discussion) exactly *how* things fall apart after that -- it only matters that they *will* fall apart.

 

[Rhythmdancer]

Are you serious? There is a big difference between casual conversation/communication
and "fraternizing." If you see your instructor at the supermarket, there is ABSOLUTELY
no clause that could prevent you from chatting with the instructor about what meat
or poultry is the best buy.

(Some) Studios like to think they can control people's lives. Wishful thinking.

OTOH, when it comes down to this level of "cult" control, one could start
writing off dance payments as religious contributions.

The no frat clauses basically state do not communicate with on social media without approval, hang out with students outside the studio and studio events, do not exchange phone numbers, but most of all do not fudge the students. Different studios have different language but they typically allow for light social interaction outside of the studio. It's not like they're saying you have to run away.

For the cult like aspect of the ballroom dance industry, I don't like it either but that a topic for another thread.

 

[Rhythmdancer]

And yes I meant don't fudge the students. In my own experience humans dont make for good fudge and taste kinda funny but YMMV.

 

[Bailamosdance]

has the OP ever responded with the results of her boyfriend's meeting with the studio owner?

 

[DerekWeb]

Glad I live in an area where many studios and independents compete on their dancing and teaching abilities and do not require contracts.

The only teachers that would sign these non-competes are trainees or teachers with no local reputation, and experienced dancers do not train with them.

 

[Rhythmdancer]

has the OP ever responded with the results of her boyfriend's meeting with the studio owner?

We are still awaiting titillating follow up!