I got my standard form from the Rhee Gold conference. I was able to get a sense of what to have on the form, and added to it. I had a really bad experience 5 years ago, an instructor took some of my students (thank goodness not as many as she planned) to a new studio that made her Asst. Director. This past year this same person took students to form her own studio!! Make sure you have your instructors sign this! You might not be as lucky as I was!

Fossedad, this surprises me because Rhee Gold strongly suggests that you have a non-compete contract and he supplies it in his workshops.

Angelina32

I think if a teacher tries to steal your students there is nothing leagally you can do. However, a teacher opening up a "clone" of your studio, right in your area, using all the same paper work, class schedules, curriculum, etc. IS WORTH suing over. I know someone in this situation. She is in the process of suing right now. What goes around comes around. A teacher who steals in anyway will not go far. That person will never be able to run their business with confidence and new ideas. And we all know those traits are a must in surviving!

A wise person once told me :A legal agreement is only as good as the money behind it.

Most of what we're talking about here is civil law, not criminal.

If I have a contract with a student (parent) and they have studied with me for 2 or 3 years, it is reasonable to expect that they will continue to study with me.

If a teacher leaves my employ (or is an independent contractor) and uses any means to entice my student away from my studio, that is contract interference. The laws of my state specifically address this. I had reason to expect several years' worth of future tuition and sales to this student.

If I pursue it in a court of law, a judge can order the former IC to pay not only lost income but future income as well, regardless of having or not having a non-compete clause.

Well, you are all sort of right and wrong.
It is a civil issue. It is a state by state issue. There are strict time-lines if a state does allown a non-compete. Rhee does have one, but that doesn't make it inforceable in my state. It is generally limited in that, yes, they can open a space (you can not keep others from making a living) but NO they can not take your registration list, info. contact, etc. with them. However, they can advertise, send letters stating they are in business, etc. They can glean your students in the veggie isle at the market to come to their facility. That is not against the law. But, it is strictly on a state-by-state jurisdiction case. My state allows limited non-competes. Many states will not uphold these, contractual interference is a reach (I would be interested in reading the case law). This is an everchanging issue & you can find legal info. at Law.com or WestLaw.
Good luck. I have a friend (painfully) losing a student to another local school after teaching the student from age 2. The girl is now 14 and restless (I think) and doesn't realize how good she has it...she wants to go to the bigger school;so the way of life goes.

Ok I have not signed a contract at either studio that I teach at and was never asked to. I want to open my own studio next year. I don't plan on telling anyone as to why I am leaving. I feel that if I open my own studio the students will find me if they want to. I think I can stand on my own and don't need to 'steal' students from either place I teach at. I'm not that kind of a person. I don't have access to their info anyway. I just don't like the way things are done and want to go on my own. Is this a bad thing?

I think it is a great thing. Ultimately, isn't that our goal anyway? To pass forward our love of dance/performance and teaching. As with anything & everything, there are legal aspects, but it sounds like you are aware of these things. Good Luck ! Maybe keep a light work-journal, so if one day, you feel like some of the things teachers write here, it will give you cause for reflection. All the best***

the law changes from state to state. I know people that have won their case. Very hard to prove those students would not have left anyway, and everyone lies, even under oath. It also costs a tremendous amount of money to sue them. My teachers do sign a non compete, but honestly I don't know if I could follow through. It's more of a deterrent.

I live in WA and No Compete contracts are honored by the courts, if the contract was drawn up by a lawyer. In my opinion, the contracts are a little superfluous in big cities where there are a bunch of studios anyway, but in a small town like mine, I can't afford too much competition! I have thus far been the only teacher in my studio but I have every intention of having a contract drawn up for this if I do hire a teacher.

-Nicole

If you feel that your student base is worth something and worth protecting, have everyone that teaches for your studio sign an employment contract with the strongest non-compete clause and non-solicitation clause allowed and enforceable in your state (ask a lawyer what maximum distance and time period is enforceable for your specific studio). If your most popular teacher decides to open her own place a couple of blocks away or teach for your toughest nearby competitor , nothing will stop her if you aren't protected. And with landlords paying for buildouts and months of free rent due to high vacancies, it is easier than ever for this to happen. I appreciate not having to worry about this. I always give permission for our teachers to teach at other studios far enough away.

i dont have them for my teachers but will....i have an employee that just left me (OVER EMAIL) and went about 5 mile away and opened. she has also contacted my parents by mail and phone call

Please read my thread I posted regarding my teacher betraying me. I made her sign a non-compete and she breached her contract. Need advice terribly.

Thanks,
d

Does anyone have an example of any type of non compete contract that they can send me. PM if you can

Don't use the covenant not to compete clause in the dancestudioowner.com teacher contract without adding a time period(1 or 2 years). Its unenforceable even in states that allow them without the time period added. I was surprised they made this mistake as its a helpful site otherwise.

I am also looking for a good stated do not compete contract. If you have one that you are willing to share, please pm me

littledancer3xo wrote:

A wise person once told me :A legal agreement is only as good as the money behind it.

Also the judge you get and precedences set by that particular court. I have seen it go both ways.

I cannot teach within ten miles of where I work, and that is fine. That is how I had it and I never had an issue, even when one teacher left. She was 11 miles away and took no one.

this just happened to me - from sisters who started taking classes from me when they were young, then started competing, then assisting, then several years later started teaching. They were with me for over 8 years. They went less than a mile up the road from me and opened up a studio. They have contacted alot of my customers through face book. I even knew after they had been with me for several years they would like to own their own studio - i just asked them not to open in the same area as me ( and was told they would not) I agree with what someone else said - i took them in and helped them and I know they helped me as well but how they did this to me is unetical. I understand that everyone deserves their own dream but I worked hard for what i have and I did not step on anyone to get what students i do have. Now I have lost several students to them for opening so close - just does not seem right when I was trying to give them an opportunity to teach and learn about a studio - since they had never taught or hardly even taken dance anywhere else and this is the thanks I get. They are now my competitor.

We are a small Christian Dance Studio. To our surprise last year my future daughter in law that we give a job to when we opened 4 years prior. She had little dance experience decided to dump my son and open her own dance studio 1 block from us. Being the trusting people we were never had her sign a contract. She stole all the addresses of my students and my ballet instructor. Just wondering if i can do anything about that. Live and Learn. This year teachers and assistants will sign contract if nothing else i will think i at least did something before it happens to us again.

I just found this non-compete contract online and it seems pretty good. So I thought I'd share it with the rest of you all!

Let me know what you think!

www.whichdraft.com . . .

email me and I'll send you ours. We have one for contract teachers that will stand up. I also have one for staff that is for intellectual property... Anything you do in your business that is just yours ie, measering kids, ordering costumes, giving out stickers, chargeing $5.00 over the costume list price.. Anything and I mean anything you do. deannallow@aol.com