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| 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.
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| 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? |
| Its called precedent in law-- and has little bearing on its applied location. |
| 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! |
| 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! |
| 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. |
| 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. |
| 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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| Berry,
A written letter stating your intentions is requested for cancellation of your agreement with the said franchise studio. Under law (and in your agreement) the studio owner is required to refund your money for lessons unused minus a "service fee" which cannot be deemed unreasonable.
You have the right to spend your money anywhere you want and if the studio owner makes you uncomfortable about a refund, you can contact the franchise studio's organizational headquarters to file a complaint with them. The Organization is very much interested in any owners causing problems that can give a bad reputation and they will be be more than willing to help you. Good luck with your dancing! |
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