Thread: question on 'user' agreement for beginner classes

I'm taking a beginning belly dance class through my local department of recreation. The fee is paid directly to the dept not the teacher. The dept. of rec's catalog & website do not mention that the instructor was part of a frachise of schools owned by a professional bellydancer that has been dancing for 40 years or so. When I got to class, I was provided with a contact information sheet that had a 'user' agreement. The agreement is that students will not teach the technique/style, curriculm, or perform the technique/choreography, etc., etc., for profit while a student and for 4 years after within a 100 mile radius of the school or it's franchises. Not a direct quote, but that's the basic idea. I did ask why we had to sign the agreement and was told that the style was patented. On one hand I understand. While living in Japan for the last three years I've seen individuals take one months worth of lessons/workshops, buy a bunch of videos or both and then teach. Choreographies were copied & the danced without asking for permission, etc. On the other hand, I took the beginner class because I haven't seen the owner or her students/instructors perform, don't know their costuming style, dance style, etc. They are asking for a pretty big commitment, in my opinion. What really makes me uncomfortable with the whole situation is it felt like this agreement was sprung on us. Fees were already paid, it was made clear we couldn't take the class without signing the agreement, & the the dance studio is not near the Dept. of Rec. so I couldn't just leave to ask for a refund on the spot. I was spineless & signed it, but I am regretting it. I don't know where I will be 4 years from now, & I found there are franchises in at least four cities. If you include the community centers where the instructors teach, that covers a bigger area. I have no intentions of teaching or performing anything that I learned in the one hour of class that I attended. I do agree that it is wrong to teach/perform another dancer's technique/curriculum/choreography without permission. I just don't like the way it was presented. Is this standard practice? Is it fair to pop this up on beginners? Can you even patent a technique/style?
The only thing I saw that was slightly familiar in Japan was when an American dancer had troupe members sign an agreement not to move their bodies in any type of belly dance related motion for 3 years without her permission. I expect this type of paranoia from an inexperienced/insecure dancer, but not one who states she's been dancing for 40 years and performed in locations x, y, & z. Or is it just me? Your thoughts and comments are greatly appreciated.

I'm taking a beginning belly dance class through my local department of recreation. The fee is paid directly to the dept not the teacher. The dept. of rec's catalog & website do not mention that the instructor was part of a frachise of schools owned by a professional bellydancer that has been dancing for 40 years or so. When I got to class, I was provided with a contact information sheet that had a 'user' agreement. The agreement is that students will not teach the technique/style, curriculm, or perform the technique/choreography, etc., etc., for profit while a student and for 4 years after within a 100 mile radius of the school or it's franchises. Not a direct quote, but that's the basic idea.

That's nuts, and probably unenforceable (considering that you have previous dance experience).

I would probably just quit going, or do a revocation letter. I would definitely complain to the Department of Recreation's offices, see if they are aware of the situation, and can stop/retrieve the contracts.

Sounds absurd and completely unenforceable. Non-compete clauses can be valid if properly drafted, but you can't "patent" a dance style. And the idea of restricting your use of technique for performance is completely bogus, too: fine, they don't want you teaching their curriculum or performing their choreographies, perfectly reasonable. But if the way you describe it, if they teach you a hip circle, you then can't perform a hip circle for the term of the agreement! Sounds like whoever came up with this doesn't know her ass from a tree, legally speaking, and is just trying, probably successfully, to scare people.

This would make me uncomfortable enough to inform parks and rec, seek a refund, and find another teacher. Rules vary, of course, but in my city the teacher would not be permitted to impose any legal conditions on the students beyond what the city itself requires, so by doing this she would be in violation of her contract with the city. If you still want to take the class because you've already registered for it and like it, do. But I'd be looking around for other teachers for the future -- I don't know anyone who operates successfully using these tactics, and I bet there are other options in your area that can offer you all the joy and richness of the dance without the BS. Good luck!

Suzana

Originally Posted by Zana

This would make me uncomfortable enough to inform parks and rec, seek a refund, and find another teacher.

second that

Originally Posted by ssipes

second that

Thirded. I'm very curious about who this instructor/franchise is.

Originally Posted by Taj

Thirded. I'm very curious about who this instructor/franchise is.

Yep. LadyJay, I'd go ahead and name names...folks deserve to know.

~Halima

PS: So proud of you for continuing your lessons, and for taking a stand.

I can understand them asking you not to teach using their methods, but the performance thing is ridiculous, surely teachers *want* their students to perform?

Pitiful

I'm already writting up my request to withdraw and I will be complaining to the rec department. After reviewing the refund policy, I question the ethics of the instructor.
"REFUNDS AFTER PROGRAM BEGINS In the event that a participant
wishes to withdraw after the first session of the program and before the
second session of the program, a written request must be submitted before
the second session. A participant will receive 50% of the registration fee
provided it does not reduce the participation level below the required
minimum*."
So you show up & aren't comfortable with the agreement you loose 50% of your fee. Although I will be requesting a full refund. One note just for clarification, the instructor said the style was patented, but I haven't seen any such claims on the dancer's official website.
Thank you for all of your input.

It's especially striking that such a thing would be presented at the beginning of a beginner class where the students would be expected to be years away from presenting any conceivable threat to whatever this teacher is trying to protect. I'm sure this is really disappointing, but I can't help thinking that you've perhaps been saved right at the start from an "unhappy fate." If you're looking for a teacher who will not only teach well, but also allow you have fun, be creative and develop as an artist in your own right, this uber-controlling person is not likely to be that teacher. So now you know. I hope you'll be able to find other teachers to help you continue your studies of this wonderful dance. Best of luck with that.
Rosette

Hi Ladyjay - just pm'd you a question. :)

Very shady, very under-handed, very very not cool. I hope you get all your money back AND the rec. department puts a serious crimp in this lady's style.

You can't patent a folk dance!!!

The instructor is within her rights to control the use of her choreographies, but "technique"? Excuse me, how would that even be enforced?

And to say no one who's taken her classes can teach perform within 100 miles of her "franchises"? What a neat and tidy way to keep a monopoly on the market.

Oh, and I'm pretty sure I know who this is. A quick google of belly dance in your area produced a website of a dancer that has "franchises".

Originally Posted by ssipes

A quick google of belly dance in your area produced a website of a dancer that has "franchises".

Yup, I found it too.

i don't get it. if she doesn't want anybody else teaching her stuff then why is she teaching it? once you teach something its out there. tell the rec dept what shes doing. i bet they will tell her what to do wtih her agreement.

Originally Posted by ladyjay

One note just for clarification, the instructor said the style was patented, but I haven't seen any such claims on the dancer's official website.

Ask her what the patent number is, so you can look it up. Heh.

Wow! All I can say is she must have been burned at some point and is harboring a very deep grudge.

BTW if my media law memory serves me correctly she's using all the trademark/copyright/patent symbols the wrong way. The US gov has a Web site that makes it easy to understand. This lady needs a lesson in law and marketing!!!

Andalee,
I think you are right. I found a public records regarding a lawsuit over another dancer using a variant of her name. Apparently her name is actually trademarked. It all sounds like a situation that I really want to steer clear from.

I take lessons simply because I love to dance (and my husband has been an old fart since he was 23). Maybe someday when I get around to growing up I might teach so I can share all of the beauty and joy I have experienced through belly dance. This form of dance has really helped me through some serious rough patches in life and it broke my heart when I had to watch some of my friends go through some serious ugliness in Okinawa because a troupe leader felt she owned her dancers. That's another story, for another day (after several beers). I don't want to get involved with anything that even remotely resembles that situation.

I'm mailing my withdrawal request in the a.m. and stated my concerns. I'll keep anyone who is interested updated. I don't know if it's Kismet, but I just tripped over two other dance classes (one as I was leaving the class last night and the other one today as I went to pick some stuff up at Office Max).
Thanks again to everyone.

Originally Posted by ladyjay

I don't know if it's Kismet, but I just tripped over two other dance classes (one as I was leaving the class last night and the other one today as I went to pick some stuff up at Office Max).
Thanks again to everyone.

Isn't serendipity the shiznit? ..l;,

Maybe the following contributes to their paranoria/insecurities:
"One disturbing trend is tied to Japanese culture. Japanese believe they can learn a little bit about something and improve it. This accounts for the explosion of Japanese belly dance teachers. Most of them have only a years worth of training and then are running out to start a class."
See the rest of the article here:
Oriental Dance in Japan

Hmm... in my own backyard. I've known about the classes for years but I don't personally know anyone who's taken them. Had no idea about the 'agreement'.
There is a really good instructor in Rocky River named Soraya if you're looking for something close by. I'll PM you.

Originally Posted by Sadiyya

Maybe the following contributes to their paranoria/insecurities:
"One disturbing trend is tied to Japanese culture. Japanese believe they can learn a little bit about something and improve it. This accounts for the explosion of Japanese belly dance teachers. Most of them have only a years worth of training and then are running out to start a class."
See the rest of the article here:
Oriental Dance in Japan

This pretty much was my experience in Japan with both belly dance and hula. After about a year's worth of dance instruction, my belly dance teachers admitted to me they had taken one workshop and then 'studied' videos for three months before they started teaching. I do have to admit they were pretty good at breaking down and explaining the moves, but the choreography was lacking. Then there was learning to understand the nuances of Japanese collective identity. We had to dance as a group and solos were highly discouraged. Several students specifically left to find Western teachers because they wanted to learn improvational technique and how to solo.
They were also trying to do a fusion of belly dance and classical Ryukyu dance. You have to have a really open mind, and not expect it to look like belly dance, to appreciate it.

Originally Posted by Sadiyya

Maybe the following contributes to their paranoria/insecurities:
"One disturbing trend is tied to Japanese culture. Japanese believe they can learn a little bit about something and improve it. This accounts for the explosion of Japanese belly dance teachers. Most of them have only a years worth of training and then are running out to start a class."
See the rest of the article here:
Oriental Dance in Japan

The school with the complex agreement is not in Japan.

That article is crappy in general, not representative of the complexities of the Japanese culture or the 20year old BD scene in Japan, and is primarily focused on one small school in Osaka that has a "teacher training" course they make students shell out big bucks and a variety of other shady incidents. The writer is using a penname, is part of Lisa School, and indeed is the BellyElvis mentioned.

Originally Posted by ladyjay

This pretty much was my experience in Japan with both belly dance and hula. After about a year's worth of dance instruction, my belly dance teachers admitted to me they had taken one workshop and then 'studied' videos for three months before they started teaching.

Did you study it anywhere in Japan outside of Okinawa?

Originally Posted by ozma

That article is crappy in general, not representative of the complexities of the Japanese culture

Amen to that. I can't speak to the dance scene in Japan because I lived there before I started bellydancing, but the author's comments on the wider culture are variously superficial, patronizing, and way off the mark.

Originally Posted by Zana

Amen to that. I can't speak to the dance scene in Japan because I lived there before I started bellydancing, but the author's comments on the wider culture are variously superficial, patronizing, and way off the mark.

The 6-month or 6-week wonder is an international problem not limited to Japan, nor representative of all the teachers in the scene I know best, Tokyo. How would many of the Bhuzzers feel if an article lumped all Americans in like this:

"Americans believe in individual self-worth, expression, and their abilities to ruggedly "do it themselves". They also have a long tradition of interpreting other cultures through their own unique "American" view point. This accounts for the explosion of American belly dance teachers. Most of them have only a years worth of training and then are running out to start a class."

Exactly. But it's "them" not "us" being stereotyped, so that makes it OK, right? Grrr.

(Though you know, I think I've read your example more than once over the years, possibly even right here....)

Hi Ladyjay...I knew you were in Ohio before I even checked your profile. I so sympathize.......

I had a friend move to another state just so she could dance and teach because she so feared a lawsuit from this person. She also was not allowed to perform because she had hair that was deemed too short for a bellydancer.

A contract for beginners? That's the craziest thing I've ever heard! I signed a contract when I joined the dance company... but that allows/encourages use of choreos for solos & duets... and how does one patent a technique much less enforce it? Craziness!!! Hmmm... must go googling...