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Re: Getting out of a contract! help!
Posted by 5lisamarie
12/13/2007  9:56:00 PM
Berry,

Why are you worried about your instructor's reaction? Are you worried about hurting his feelings? You have to take care of you.........trust me, when I left the other studio (as described in a prev posting) it hurt a bit and I missed some of the other teachers and students there.........and I thought my teacher was just THE best.......but I was wrong. And it didn't take me more that two-three weeks to realize that I made a move for the better. Your instructor should behave as a professional and graciously accept the news that you are leaving......if he doesn't, well, then there is immediate evidence that you are doing the right thing by leaving. If he does accept it well...........in a manner that communicates "I appreciate your business and perhaps you will be back in the future"....then no bridges are burned and you can go back later if you so choose, knowing that you got the idea of trying another studio out of you system, and confident that the first studio is the right one.

Remember......to any teacher, business is business.......and a good parting relationship is what will help him maintain his positive reputation, and keep other students and possibly you coming back to him.
Re: Getting out of a contract! help!
Posted by nucat78
12/14/2007  7:32:00 AM
"...to any teacher, business is business...and a good parting relationship is what will help him maintain his positive reputation, and keep other students and possibly you coming back to him."

Yup! I tutor middle and high school math on the side and I always make a point to part on good terms, whether I'm dropping the student or vice versa for whatever reason(s).
Re: Getting out of a contract! help!
Posted by Berry1
12/14/2007  12:17:00 PM
Thanks everyone for the reassurance. It makes me feel less intimidated of approaching my instructor.

The reason I was feeling "scared" was because the owners of the studio are the persuasive type, and I feel as if they will question me an I will run out of things to say. This happened at one point when they were trying to get me to buy a new package (pricey too) and I said I wasn't particularly interested, but they still had me go into the manager's office and try to talk me into it. When I said I didn't have the money at the moment, they said, do payments. When I said I don't like doing payments, they came up with another way etc... they just keep on going. I still stuck to my guns and said no. Sometimes I have difficulty telling them my concerns straight up as I often fear offending them, but I suppose if business is business and they are being so direct, then I might as well be the same.

Re: Getting out of a contract! help!
Posted by beginner
12/6/2007  1:49:00 PM
Hi,
I am looking for a good and reasoable (fee) dance school in the San Jose Ca area. Does any one have any good recommendation?
Re: Getting out of a contract! help!
Posted by terence2
12/7/2007  12:41:00 AM
Its called precedent in law-- and has little bearing on its applied location.
Re: Getting out of a contract! help!
Posted by Berry
12/7/2007  4:01:00 AM
Thanks for the replies,

5lisamarie, I understand exactly what you mean. I feel like this studio thinks it's the only ballroom studio on the face of this planet. I especially don't like it when my teacher tells me, when there are still many lessons left in my package "so, what's going to happen with your dancing..." As if, if I leave that studio I can't dance anymore... yea, right. There are quite a few places to dance in my area.

And yes, I realized after a while that the studio was telling me how to run my life. But this time I'm definitely not falling for it!

Thanks again!
Re: Getting out of a contract! help!
Posted by Clary
12/7/2007  6:38:00 AM
terence2,
I beg to disagree. A precedent in law in, say, California, will have absolutely no impact as to legal precedent in law in say, Maine.
And, as we now know, berry is in Canada. So, I still think that you should not be so hasty in giving people legal advice.

Berry, if you have misplaced your contract, ask the manager/owner for another copy. I know that many franchise contracts are boilerplat, but it's still not a good idea to rely on what is in someone else's contract. Again, this does NOT have to be contentious. When you next go to the studio, ask the receptionist or your instructor, or the owner if you can talk to the owner/manager privately and arrange a suitable time for both of you (after class, before the party, whatever). It's just like making any other kind of appointment.
Good luck!
Re: Getting out of a contract! help!
Posted by Berry
12/7/2007  7:10:00 AM
To both Terence2, and Clary, thank you for bringing up the legal aspect. I will definitely keep that into consideration if ever they refuse to give me a refund.

As of talking to my instructor, I will do as you people have said. After my next lesson, I will ask my instructor (owner) if he has time to talk. I will tell him that I have a serious issue to discuss. If he has time at that point, I will tell him straight up, and if not I will tell him to call me when he has time, so we can discuss this over the phone. Because the holidays are coming up, I want to get this straightened before the studio goes on break, instead of worrying for two weeks.

Thanks again for the advice and I will keep you guys updated on what happens.
Re: Getting out of a contract! help!
Posted by ericlund
12/7/2007  11:50:00 PM
Berry,

First, the only thing you have done wrong is to not file a legal document in a safe place. The standard boilerplate, as mentioned by another, probably does require a written notification. It doesn't have to be particularly formal or delivered by registered mail. It just needs to be written. You can deliver it yourself.

If it were me, I would cancel the upcoming lesson, and make an appointment with the owner to discuss your business. Take your written letter with you.

One thing that does bother me about the studios is their casual understanding of the business relationship. My wife and I don't compete, nor are we particularly interested in attending dancing competitions and exibitions. We've been asked, at times, why we don't come support our studio. I was not aware that I had ownership. It is not my job to support the studio. It is the studio's job to provide a service to me. That is what I am paying all that money for.

I take dance lessons for four reasons. I get some exercise. I get to learn a useful social skill. I get to spend some quality time with my wife. And, I enjoy it.

Terence,
Precedence law is not binding, but is compelling. However, even in the U.S., one circuit court is not bound by precendence in a different, same level, circuit. Law in Canada is not bound by any precedent in the U.S. Also, if Berry is from Quebec province, precendent law may not even apply. I would suspect that, like Louisiana, Quebec follows French law. If I understand correctly, this means it is purely codified. I don't fully understand the difference, but the difference is significant.
Re: Getting out of a contract! help!
Posted by Berry
12/8/2007  3:44:00 PM
Thank you for the response ericlund.

I think I may just do what you said about the formal letter.

And I absolutely understand what you mean about the competitions. As a university student, I can barely afford the private lessons. When my instructor asked me if I was interested in going to the competition, then showed me the price, I declined. I clearly told them that it was too expensive and that I would never be able to pay that much money for only one competition. My instructor understood. However, he has brought it up at least 5 times since... saying things like "oh, it would be great if you could go to the competition..." "why can't you go..." and so on and so forth. This really annoyed me. If I so desperately wanted to go to competition, I would have brought it up. But the fact is, they know I have money and they know I am willing to spend it on dancing. They just want me to spend it FAST, like on a competition.

Before a studio begins selling, I think they need to address the needs/wants of their customers.

And I believe your studio is pulling the "guilt string" when they're telling you and your wife that you're not supporting them... I am much too familiar with this tactic.

Oh, and I'm from Ontario actually...so I'm not sure if the precedence law applies.

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