Julie Boath (julieboath@hotmail.com) from Basel, Switzerland is "still looking for a dance teacher called Grace Gordon. If you have heard of her, or anybody that has, it would be great if they could contact me. Thanks."

*****
News of a new DVD in DTOL's online Shop (region 2 - UK/Europe - only):

Have you got two left feet but want to step out onto the dance floor with confidence? Then this is the DVD for you! Featuring three original and popular dance style routines - a classic waltz, a sultry salsa and a fun retro dance. Full in depth tuition for the waltz and salsa dances using professional dancers and a non dance couple. Includes special guest appearances from Georgina Burnett (ITV 2) and West End dancer James O'Connell (The Sinatra show, Chicago).

"A very professional and high quality dance tuition DVD."
Norris Myers UK Trade and Investment

"First Dance Fever contains a wealth of information; it is a unique product"
Nick Cooper Black Horse Entertainment

"As an instructional dance DVD it is very clear, and you certainly could learn from it."
Royal Academy of Dance

You can purchase the DVD from DTOL's Shop:

www.dtol.ndirect.co.uk/dtol18eu.htm - for those resident in the Euro zone (EUR24.99 inclusive of postage and packing)
www.dtol.ndirect.co.uk/dtol18uk.htm - for those resident in the UK (GBP15.99 inclusive of postage and packing)
*****

*****
This issue of the newsletter has an item especially for those of you who are dance teachers.

One of DTOL's dance teacher members, Suki Turner (sukiturner@hotmail.com) from Surrey, UK had a problem and wanted to sound out DTOL members:

"I would like to ask advice on this matter. A teacher who taught for me for 5 years gave her notice to leave in July. I have recently found out that not only has she booked the very premises where I teach (on a different day) but also next door premises. I had a feeling she may do this so I alerted the bookers of the premises. Unfortunately she booked the halls in her married name and not her professional so that bookers had no idea who she was. When they realised what had happened the bookers were appalled by these actions.

The teacher has also kept details of my clients and will not return them. I suspect she has poached many of my students but I will not be able to confirm this until I start the term next week. I feel this is unethical, immoral and unprofessional in the extreme.

The RAD and the ISTD do not have a policy to protect their members from such actions. I feel so strongly about this matter so I would like to launch a campaign to ask the dancing bodies to create a protection policy. It could state that an ex teacher or student may not open a similar business within a certain radius of an existing school. It may be too late for me, but I would hope future teachers could benefit from any such standards policy. I feel dtol is a perfect platform in which to start the campaign. I would be extremely grateful if you could publish this letter either in full or in part (please edit it as you wish) in the next few editions of your newsletter. I would also be grateful for any advice or knowledge you may have regarding such malpractice."

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And these were the responses:

Sharon Vickers (sharonvickers@btinternet.com) from Berkshire, UK "had a similar problem. A Dance Factory opened up not to far from my premises, I did a few enquiries and was assured by the Principal that our "paths would not cross" because they did not teach Ballroom and Latin (although this was advertised on their website"). I was furious to find out a few months later that they were now scheduling Beginners Ballroom and Latin Classes on the same night as me. What makes matters worse is that they do not have a qualified teachers. It is about time the associations took these matters in hand."

Roisin Mullins (dance_angels@hotmail.co.uk) from Surrey, UK noted that "The IDTA already holds a code of conduct and I assume other organisations also do. I personally feel a radius rule would be unrealistic and unfair. To my knowledge hiring the same premises and attempting to poach dancers is not allowed. However booking the hall next door should not be a problem in a good catchment area. Many teachers operate in close proximity and banning schools using venues because another school exists nearby is not going to help anyone in the long run. Suitable venues are very hard to find.

I would suggest speaking to the teacher directly. Partnership teaching never comes without risks and dancers will build up a fondness of a teacher they have every week. Therefore if they leave they are likely to follow."

Beth Dimmick (RachalDance@aol.com) from Texas, USA is also "going through this unethical way of building someone else's business. I was unaware that a teacher (during our Spring Performance) was telling parents and students she was leaving and going to another location. She never even gave a notice. I had already set the Summer Program with her as an instructor and she was never going to tell me she was leaving. One day before Summer classes began she sent an email saying she would not be teaching (but still never said she was going elsewhere, I started hearing it thru the grapevine). She then convinced my other instructor that the grass is greener at the other place.

I have now started having my instructors sign a 'Non-Compete' Form. The staff I have just hired did not have a problem with signing this form I hope this will help you. May you be able to prosper through this tough time."

Yehonatan Levy (Aeunltd@gmail.com) from Illinois, USA says "In the USA there are "non-competition clauses" in teacher/performing etc... contracts. These clauses, if unilateral are illegal, however if they are set-up properly then they can provide protection and benefit for both the studio and the teachers... a teacher has the "right" to teach anywhere, however a teacher does not have the "right" to 'target existing studio students from a place where that teacher has taught" - this is called using "trade-secrets" or "infringement" and even without a contract in place there are legal ramifications that can result from a teacher who engages in this activity. However there are several things that must be established in order to present a meritorious case and demonstrate a burden of proof against the teacher/employee.

A simple form that says "teacher agrees not to utilize school information outside of school related activities necessary to employment" can be a way of avoiding all this."

Helene Gowers (hgballet@hotmail.com) from Western Australia:

"I think you will find the ISTD does have a policy for teachers starting up in the same area. The ISTD used to have a 'code of ethics' and there was a distance stipulated between schools. Cecchetti Ballet Australia have a similar 'code'. An unscrupulous teacher would not take any notice - I know, it's happened to me on more than one occasion!

Fiona Brown (pointe@artslink.co.za) from South Africa:

"In the Irish Dance community, and I think some of the Spanish Dance Organisations as well, there is an interesting ruling that I wish we were able to apply.

If a pupil moves to another teacher, he or she may not enter a competition or exam under the new teacher's name for 6 months. Also, you may not take on a pupil unless the previous teacher has confirmed that all fees are paid, and they have a registration card which has to be transferred to the new studio.

We unfortunately cannot force our pupils to stay with us, nor can we always dictate where new studios open.

I have had an embarrassing situation, but from the other side. I recently moved to a new premise, which is two doors down from another studio. We both teach Modern, I teach ballet, they teach Tap. When I looked at the studio, I thought that the Modern and Tap people were happy with me being there, because I was under the impression that they were part of the same studio as the Belly Dancing teacher who was previously in my new space. Only after I started did I discover that they didn't even know each other, and that they are MOST unhappy that another Modern teacher has arrived. I have had to assure them that I am not after their pupils!"

Karen Stringer (DancingShmoo@hotmail.com) from Cambridgeshire, UK:

"When I was given ownership of my school, the previous owner signed a legal agreement that she would not teach within five miles of me and this is a good idea for anyone who has student teachers. I will only train teachers who are not planning on setting up a school in my city."

Barbara Hannan (bshannan@pacific.net.sg) from Singapore:

"I read of Suki Turner's dilemma and sympathise with her. I would like to add my comments as they may be of interest to other DTOL members. I am the Organiser in Singapore for the Commonwealth Society of Teachers of Dancing, an Australia-based dance society of 75 years standing. When teachers apply to join CSTD they agree to follow a "Code of Ethics" which is printed out and given to all members. Some teachers choose to display this on the walls of their studio as it is form of guarantee to parents that their children are learning with a professional who also follows a Code of Ethics. It states among other things that they shall not "Commence teaching within 2 kilometres of another member's studio without first advising that member of their intention to do so."

All members are familiar with this clause, which is almost always respected. In the one case I have heard of where an ex-teacher of a CSTD school opened a studio backing on to her former employer's school, the Board was notified and her membership was withdrawn. Tough measures maybe - but they work!"

Sharon Pinsley (s_pinsley@hotmail.com) from Israel:

"I completely agree that what this person is doing is highly unethical and that there should be some sort of standardization of contractual obligations between teachers and SO's. In lieu of that, I know many studio owners who protect themselves from just such situations by stipulating in their contracts that these things cannot be done. The contract is meant to protect you and your employees and to lay out clearly what will and will not be done.

In your case, evidently this was not done and I can only wish you a loyal student body who realize themselves that it would be immoral to help this teacher destroy what you have built. Of course, we don't know what led this person to do what she's doing. If she has some sort of vendetta against you is irrelevant here. She has the right to leave, to begin her own studio, but not to take your clientele (if they come to her out of their own desire without her having solicited them is another story) and certainly not to open a competing place right next to you! I have actually discouraged students "following" me in the past for just that reason. BTW, I have never been an SO and don't intend to be."

Sue Lawrie (info@lafour.org.uk) from Lafour Dance & Drama Schools:

Unfortunately you cannot stop people from starting a business ANYWHERE - even if it is in competition with you - as this is restrictive practice, which is illegal.

I am surprised that the studio bookers did not cancel her booking once you advised them of the correct name - they are perfectly within their rights to do so. I personally would contact the studio bookers and advise them of the morality of their actions in relation to you and your business - i.e. you have been an income source for them for so many years, etc. etc.

From my part, I always contract teachers with a minimum notice period and a clause to say they cannot poach students and are not able to teach within a certain radius after leaving my employ. However, if this clause was breached, the only recourse for you is to take them to court which is a VERY costly business and might not succeed due to restrictive practice regulations.

It is a very difficult situation - but unfortunately not one that you can do a lot about.

The ISTD, RAD or in fact any of the other organisations do not have any policies with regard to restricting competition, and from personal experience they will not become involved with any individual complaint.

So your best course of action would be to appeal to the studio bookers and see if they will cancel her booking. You might be able to add weight to your request if you agree to book additional hours yourself. What about introducing new classes, i.e. disco, drama etc?"

Daryl Gray (DarGray@aol.com) from New York, USA:

"I suggest that you have a non-compete letter of agreement between you and all of your staff and teachers. This would entail stating that the teacher/employee agrees not to open another dancing school or teach for a competing school within a specified area, like 5 or 10km. Your employees should be required to sign such a document prior to being employed. This is a standard practice in many professions and businesses of all kinds including many dance schools in the US and elsewhere. At least this should help you from this day forward."

Elaine Liburn (principal@elainepygall.co.uk) from Northumberland, UK:

"In response to the lady whose member of staff booked the same premises; a similar thing happened to me where an employee of mine booked the same premises as mine to teach a dance class, despite having signed a contract I had drawn up, stating she wouldn't open a school or teach anything of a similar nature to mine within a 5 mile radius. Consequently, she no longer works for me however the class still goes ahead that she's teaching. Obviously a contract doesn't really do the job and so I too feel there should be something in place with the teaching associations."

*****
Finally, Anne Campbell-Crawford (annecc@inybco.com) from Ireland supplied these very helpful documents. First of all, an email Anne received from the RAD:

"The Code of Conduct is meant to be for all teachers whether as Principal/Owner or employee/freelance.

If your employee has used information gathered while she has been in your employment, i.e. class lists/parent's details then she is likely to have breached Data Protection regulations, and perhaps your own employment contract with her (confidentiality clauses?). I would suggest that you contact the free legal helpline that comes with your membership to ask what recourse you have legally.

If your employee is a member of one of the Awarding Bodies - RAD, BBO, ISTD, BDTA - then you should write to our Membership Dept with the complaint, and citing evidence, so that we can write to him or her."

And the contractual letter which Anne uses when employing teachers:

RE:  CONTRACT TO TEACH AT THE ABOVE SCHOOL

I am delighted to offer you a contract to teach at my school.  This letter will serve as a contract between us and I list below the terms of contract as given to me by the ISTD and the RAD both in London.

9. Restrictive Covenants

9.1. You shall not within the period of one year immediately following the termination of this contract, solicit or endeavour to entice away from the School any staff or student of the School who was known to you through your work for the School (whether under this contract or otherwise).

9.2. You must not set up a competing business within a 2 mile radius of the School or classes within 6 months after the termination of this contract.

9.3. The restrictions contained at Clauses 9.1 and 9.2 are considered by both parties to be reasonable in all the circumstances.  However, if such restrictions shall taken together be adjudged to go beyond what is reasonable in part of parts of the wording thereof were deleted the said restrictions shall apply with such words deleted.

10. School Property
If you are issued with or allowed to use School's property, you must ensure that it is kept safe and in good condition.  You must compensate the School if the property is lost or damaged other than by fair wear and tear.

11. School Rules
Whilst engaged by the School you must comply with any School Rules for the time being in force.

THESE ARE AS FOLLOWS:-
1. To arrive at the studio at least twenty minutes before the class is due to start.  More time should be allocated if needing to prepare the work about to be taught.
2. To leave the studio and dressing room clean & tidy ready for the next day's work.  There are cleaning agents, sweepers etc. if there has been an accident, please let me know.
3. No messages or notification can be given to pupils and students without prior consent from me.  No notices can be displayed on the notice board without prior consent.
4. All instructions given by me to the pupils and students are not to be modified or changed without prior discussion with me.
5. A well-groomed and appropriate teaching attire is expected.
6. Payment at €18 per hour will be given immediately or the next day on receipt of an invoice.  Payment is usually given once a month.
7. If there is anything or anybody that is preventing the professional and productive atmosphere of the school it must be reported to me immediately.

12. Health and Safety
       You must conduct your work in such a way as to ensure so far as is reasonably practicable that you and other persons who may be affected by your work are not exposed to risks to their health and safety.

13. Termination

13.1. The School may terminate the contract:
       (a)  with immediate effect if notice in writing is given to you more than 14 days before the course was to start; or
       (b)  by no less than 4 weeks notice in writing given at any time.

13.2. Either party may terminate this contract immediately for serious or repeated breach of its terms.

Please sign and return one copy of this contract for my records."

*****
I'm sure many DTOL members have similar letters or contractual documents. But I'm grateful to Anne for being willing to share these us.

As you can see, there are many issues and some differences of interpretation. In addition, the legal situation is likely to be different in different countries. To my knowledge, none of the above DTOL members is a lawyer or claims to be offering legal advice. If you find yourself in this situation, you should seek proper advice from (a) your teaching association, if you are a member of one and (b) a lawyer.

*****
Dance school for sale in Dublin, Ireland:

This is an excellent opportunity for a young teacher to take the next career step by purchasing a ready-made and profitable dance studio.

The school was established in 1981 and is located in Dublin 8, near the city centre. The nearest other ballet school is about 2.5 miles away.

Currently the studio is in the seller's house which is being sold separately. However there are a number of suitable halls in the area.

The purchaser can pay the fee by instalments set up to be paid into the seller's bank account. There is a possibility that a business partner can be called upon. There has been some serious interest in this.

Assets included with the sale are a modern upright piano in good condition, portable ballet barres, sound systems and a library of music including the ISTD syllabus.

There is considerable scope for developing the business as the class sizes are currently limited by the size of the studio. A summer school could also be introduced. There is potential profit from the sale of dancewear which is currently sold for a small profit margin.

Syllabus followed in the ISTD for Ballet and Modern Theatre Dance from Primary until Advanced II in both subjects. Exam sessions are held twice a year and the school enjoys a very good exam record.

The school takes in children from 4 years of age progressing onto the Primary class to commence the exam process. All students reach exam standard but are reminded that the exams are not compulsory in order to move to the next level.

Excellent staff teacher who wishes to remain with the school. She has her CDE exams and Advanced II Modern Theatre Dance and Advanced I ISTD Ballet. She teaches all the Modern classes from Primary until Advanced II. She teaches ballet from Primary to Grade II.

The staff teacher is keen to continue teaching with the school. Her annual contract can be renewed in September when the school recommences.

Good rapport with parents who are most supportive and helpful. Fees are paid within the first two weeks of every term.

The school also has an Adult Beginner Programme in Ballet and Jazz Dance.

There are 140 pupils, including the adult programme, in the school at the moment. Most children attend 2 classes a week, one ballet one modern.

Every indication has been that students' parents will stay with this school. They ask what is happening on almost a daily basis.

Further details at www.dtol.ndirect.co.uk/school7.htm.

Contact the owner at danceschool@eircom.net.

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The following readers are looking for dance classes. If you know of a class in your area that matches any of these readers' requirements, please email them and let them know:

Roxanne mahmood
Stockport Cheshire, UK
hip hop /street
roxie_819@hotmail.com

Could you please tell me dance classes in my area including Florence? My name is Dazzle, I live in Lake City, SC (US). I want hip hop classes including break dancing. My email is lalasese786@yahoo.com

Mushahed (Mushahed@hotmail.co.uk) is "looking for bollywood dance course in London, UK."

Kate Moss
Manchester, England
Latin ballroom classes
kat_m87@hotmail.com

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If you want to find out about classes in your area, email me and let me know (very briefly):

- Your name
- Your location (including country)
- The kind of dance class you want
- Your email address

I'll include you next time! BUT, if you don't give it to me in this format, it may not get in.

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The next newsletter will be on Wednesday, 26th September. If you would like to comment on any of the issues raised in the newsletters, or ask a question which other readers may be able to answer, or say anything you like about your dance experiences, just email me!

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