Thread: Termination of teaching Contract Letter - How does this sound to you?

I have had it, just absolutely had it with one of my teaching venues. I have had nothing but problems with them ever since I started almost a year ago, and it's gotten progressively worse this summer. Could you please take a look at the letter below I intend to send them tomorrow morning, and let me know if there's anything that looks wonky to you?


Dear *****:

I am writing this as a letter of intent to terminate the teaching contract between Galatea Middle Easter Dance and ***** **** Park & Recreation Department. My reason for doing so is the violation of the following terms spelled out in the contract signed by you on August 4th, 2008:

“The Client agrees to provide the instructor with the following:

1. A safe and suitable environment for the instructor

3. At least 1 hour notice of any class cancellation due to inclement weather, unexpected location maintenance, etc.”


The events that have violated the above terms are as follows:

1. Designated access door has not been automatically locking and unlocking on the agreed upon schedule (15 minutes prior to and following the start of the 7pm class time). This issue, which has been going on for nearly three months, is still to my understanding unresolved at this time.

2. Inability to override abovementioned locked access door with key fob provided by department for several classes. Within a 3 week period, this issue resulted in a last minute change of building once, and the complete cancellation of class twice.

3. Inability to access designated access door due to repaving/sealing/cleaning of parking lot and walkway, resulting in the cancellation of class.

In addition, there have been other issues over the past year that have further encouraged me to end my teaching relationship with ***** **** Park & Recreation. While I do not feel they do not constitute breach of contract on their own, I am presenting them to you so that there is a record of the other difficulties I have experienced working through your organization:

1. Arriving at designated class location (Middle School Gym) to find the room unavailable due to basketball practice.


2. Arriving at designated class location (Middle School Cafeteria) to find 50+ Middle School Students waiting for their school concert to begin. I had to track down their music teacher and request that they vacate the room for my class.

3. Repeated problems with children attending a Girl Scout meeting across the hall cutting through the designated class location (Middle School Cafeteria) during class.

4. Enrollment numbers have not been as high as I have come to expect from a location where I have been conducting class for nearly a year. Other than the first session, which achieved 80% capacity, enrollment has varied from 44% to 0% capacity. The other locations I have been teaching at typically garner enrollment ranging from 55% to 100% capacity each session.

I am aware that many of the above issues are not due directly to the actions of your department, but are more a result of the poor cooperation and communication on the part of the ***** **** School District. However, since my understanding is that the only facilities available to hold class in are through the School District, I feel I have no other choice but to terminate our agreement effective October 1st, 2008. I will finish out the remainder of the current session, which including tonight’s cancellation is scheduled to end on September 23rd, 2008.


Sincerely,

Laura *******
Owner, Galatea Middle Eastern Dance

I almost started hyperventilating until I realized it wasn't MY rec. dept. Poor people don't know what they're missing. Sorry I can't be more helpful. Any chance they can find you a better location?

Sounds well-thought-out and ready for delivery.

And it sounds like a very annoying situation.

Well... I don't think it's bad, but is it necessary to list all the reasons? Do you need to make a case to get out of the contract, or can you terminate at any time?

If you need to make a case, then I think the letter is fine. If not, then putting all the details in kind of sounds like sour grapes.

Just my 2 cents...

I disagree. They need to know why.

I think the letter is fine, but I would be inclined to start the first line with "I regretfully advise my intent to...." just because it sounds very bald otherwise. There's then a suggestion that you would have liked to stay, but all these violations have made it untenable. They might be more likely to take the rest of the comments on board with a little sweetener, which means subsequent tenants might get a better deal.

I think sweetner is not necessary. This is a one-finger salute to an faceless organization. I say, "Sweeten this MF ers!"

Originally Posted by zumarrad

I think the letter is fine, but I would be inclined to start the first line with "I regretfully advise my intent to...." just because it sounds very bald otherwise. There's then a suggestion that you would have liked to stay, but all these violations have made it untenable. They might be more likely to take the rest of the comments on board with a little sweetener, which means subsequent tenants might get a better deal.

I agree. Your tone will impact how seriously they take this. If you just want to tell them to kiss off, fine. But if you want them to improve, then a little sweetner might help.

Originally Posted by zumarrad

I think the letter is fine, but I would be inclined to start the first line with "I regretfully advise my intent to...." just because it sounds very bald otherwise. There's then a suggestion that you would have liked to stay, but all these violations have made it untenable. They might be more likely to take the rest of the comments on board with a little sweetener, which means subsequent tenants might get a better deal.

I think part of the reason I'm coming off a little harsh is that I've had numerous conversation with the department about these issues. They promise over and over again that they will fix the problem and talk to the school district, and it's just the same crap week after week. Believe it or not, there's even a few petty things I didn't even include!

Originally Posted by mish_mish

"Sweeten this MF ers!"

..l;,..l;,..l;,..l;,..l;,..l;,..l;,

Originally Posted by KelsNasim

I almost started hyperventilating until I realized it wasn't MY rec. dept.

No worries there, honey bear! In fact, I think I've become spoiled by the other two Park & Recs I teach through. It's hard for me to put up with this crap when I've never had problems like this before through my other venues.

It almost makes the dance studio I spent nearly two years at seem like they totally had their sh*t together.

Originally Posted by laura 2

While I do not feel they do not constitute breach of contract on their own, I am presenting them to you so that there is a record of the other difficulties I have experienced working through your organization:

What a crock of dog poo! So sorry to hear of your difficulties, Laura, but I'm spot on with you. They need to know what's going on. I don't know that I'd be quite so inclined to finish out the session, though. I admire your fortitude.

The only comment I have is to get rid of the double negative in the above sentence. It should read, "While I do not feel that they constitute a breach of contract on their own" etc. OR "While I feel that they do not constitute . . ."

Good luck! And on to better teaching venues!

Originally Posted by donnadiva

I don't know that I'd be quite so inclined to finish out the session, though. I admire your fortitude.

I would honestly rather not finish the session out, but we're 3 weeks into a 6 week session. I don't want to deal with the stress of refunds and getting paid for 1/2 a session, especially since I don't work hourly. Plus it's not really fair to the students who have already invested 3 weeks into the class.

The only comment I have is to get rid of the double negative in the above sentence. It should read, "While I do not feel that they constitute a breach of contract on their own" etc. OR "While I feel that they do not constitute . . ."

Thank you! I totally missed that!!!!

Originally Posted by Samira_dncr

Well... I don't think it's bad, but is it necessary to list all the reasons? Do you need to make a case to get out of the contract, or can you terminate at any time?

If you need to make a case, then I think the letter is fine. If not, then putting all the details in kind of sounds like sour grapes.

Just my 2 cents...

This was my thought exactly. Seems like overkill, and I doubt they'll even read the whole thing. If you've been in communication about the problems along the way, then it seems overly formal and just b*tchy to rehash it all when you're leaving. They know what the problems are. You're done trying to get this crap fixed, you're moving on with your life!

I'd be inclined to make a phone call or send an e-mail saying 'hey, I won't be coming back after this session, this just isn't working out.'

If they tried to hold my feet to the fire about some contract, THEN I'd send the letter.

Just my opinion, obviously YMMV. Mish's did. ..l;,

Lauren, I agree that they probably won't read it, but it's a better bet to put it in writing, especially since we are talking about terminating a contract here. Paper trails are key (that's the lawyer in me talking).

As far as the letter, I think it's fine - just make sure that, since you are sending it tomorrow, you change it to "with the cancellation of LAST night's class".

Originally Posted by danielabellydance

Lauren, I agree that they probably won't read it, but it's a better bet to put it in writing, especially since we are talking about terminating a contract here. Paper trails are key (that's the lawyer in me talking).

Exactly, Daniela! I sent them a contract a couple of months ago that was supposed to cover Fall 2008 through Spring 2009, and that's what I'm pulling out of. They have already mailed out the catalogs for the Fall 2008 program, and are going to have to deal with people wanting to sign up for a class that no longer is being offered.

I want to make sure it's very clear that I'm not terminating the agreement because of some flakey "this isn't really working for me" vagueness. I've never been one to break a contract before, so I want to make sure my butt is totally covered.

As far as the letter, I think it's fine - just make sure that, since you are sending it tomorrow, you change it to "with the cancellation of LAST night's class".

Thanks for catching that too! Off to fix.

Laura, I agree with Zumarrad that a little sweetener showing regret that it didn't work out would be a good idea.

But I agree with you that all the major points you included should be itemized. (In other words, I disagree with Samira and Lauren.) By itemizing multiple points, you are showing an ongoing pattern of problems that violated the terms of the agreement. This is a legitimate thing to explore at this level of detail when addressing termination of a contract for cause.

That said, I would recommend eliminating the part where you complain about enrollment numbers. That does kind of sound like whining.

I think it's a good letter, in general, aside from the enrollment complaint.

I also agree that all points need to be itemized. Especially the "deal breakers" in the beginning. The second set of points can be there, or not, as to my understanding none of those has led to class cancellation. If one of those has led to class cancellation, then I would think it immediately moves up into the "deal breaker" category.

By itemizing everything, if they do try to push the issue on the upcoming contract, you are covering your bases. Especially if you have documented which classes were canceled when and for what reasons.

Whitney

It should be itemized, just in case they try to make you look bad, because you quit.
You never know what 'gets' around, you might need to cover your reputation.
Some might think the cancelled classes are because it's you not getting your act together, instead of the department being at fault.

I think the enrollment numbers are important, because if I were your student, and I kept wasting my time and gas, going to a cancelled class (or constantly interrupted class), I would quit, and find somewhere else more reliable.

I would be inclined to mention how it effects your students (their customers). I would also sweeten it up just because you never know what will happen in the future.

Think this is great. The only item that sat a little odd with me was #4. I could just picture a bunch of rec center people saying, "oh, she is leaving because her numbers are down". Just an observation.

Great job!!

My first reaction was - send it! - but then... I think it's smart to not burn bridges if you can avoid it. You don't know if you will ever need this Parks & Rec dept. again - in whatever capacity. I've met folks who have worked in a P&R dept. for decades - and have the long memories to match.

I would create three documents - the first would be the official termination letter - just saying you are terminating the contract, the dates effective, signed and sent to the official party.

The second would be an "FYI" e-mail to whomever was the highest-ranking person you dealt with - here I would sweeten the tone and summarize the info from your original letter and make the connection between facility issues/cancellations with the enrollment issues so they understand this to be simply a business decision, and that you regret it didn't work out.

Third I would take the info from your original letter, add dates if you have them, save e-mails from the back-and-forthing that took place over the past year and just file it if you should need it - I'm guessing you won't but you never know.

Just my 2 cents. :)

Christine

Originally Posted by ravenadesigns

The only item that sat a little odd with me was #4. I could just picture a bunch of rec center people saying, "oh, she is leaving because her numbers are down". Just an observation.

Great job!!

I agree, actually - it sat odd with me when I read it, I ignored the feeling and then when Shira mentioned it I thought yes, that's not necessarily the best inclusion. If you make the letter all about what they do wrong that they are contractually required to do, and avoid subjective things like who's responsible for attracting the students... they can't say "she just left because her classes weren't popular."

I decided to send the letter as is early this morning.

In regards to enrollment, I do hear where you all are coming from, and I did consider the suggestions long and hard. However, I decided to leave it in. Enrollment is a problem that I have discussed with them before - this isn't the first time I've expressed being dissatisfied with the numbers. I'm not sure if it's the demographics of the area, or that the park & rec programs aren't very well attended in general, but I had let my contact know a least a couple of times that at some point I would likely have to look for a venue with a more robust student body. If it hadn't been for the escalation of the facility problems, I was going to finish out the Fall '08 - Spring '09 contract and then look for another place for my Tuesday nights this Summer.

As far as sweetening, I left the letter as is, but I sent it via email as an attachment so they would get it immediately. In the email to my contact, I expressed regret that it had come to this, but that I felt it was the best decision for my business. She has already responded:

That’s fine with the understanding that we extend this session one more week to make up for last night. I can see where you are coming from. I am sorry that you do not want to continue on with us.


This was followed 20 minutes later by another email saying that I might not be able to do the makeup class after all, because the room might not be available on the 23rd since we were supposed to be off that night.

Thank you all so much for taking the time to advise me. Even if I didn't take your advise, please know that it gave me food for thought and was taken into consideration.

Well done for making the right decision - you can now channel your energy into something else more fulfilling.

Mabruk, Laura, well done! Wishing you plentiful contracts and happy, stress-free teaching in the future :)


Khalida

The important thing is it's done and you can move forward now.

Originally Posted by laura 2

That’s fine with the understanding that we extend this session one more week to make up for last night. I can see where you are coming from. I am sorry that you do not want to continue on with us.


This was followed 20 minutes later by another email saying that I might not be able to do the makeup class after all, because the room might not be available on the 23rd since we were supposed to be off that night.

Oh, hell to the no.

I would absolutely NOT do the extra week.

A quick comment to Samira and Lauren, and anyone else who thought she should omit the itemized reasons for terminating, here's some food for thought.

Laura has told us that the contract's term ran through spring 2009. This means she obligated herself to teach until that termination date many months into the future.

Contract law doesn't permit a person to walk away from a contract simply because she's in the mood to do so unless the termination clause says she can terminate "for convenience" at any time. Since Laura told us there is an end date, it may be that the only termination option in this one is to keep going until that date. If that were the case (and I don't know whether it is, I haven't read it), then she would need to demonstrate that she is leaving "for cause" - ie, that she is withdrawing from the contracted relationship because the other side failed to adequately perform their obligations.

The purpose of those itemized grievances in Laura's letter is to demonstrate "for cause". Ie, to show that her departure is not just a whim, or a reaction to low enrollment, but rather due to their breach of the contractual terms and conditions that she cited at the beginning of the letter.

Demonstrating "for cause" by listing the grievances in a factual way, as Laura has done, is smart business. It reduces the likelihood of their taking her to court to sue her for breach.

Now, I don't know whether this specific situation would have come to that, but if you're going to walk out of a contract before the end of your term, you had damned well better cover your @$$ by demonstrating that the other side has failed to perform its obligations. This is what Laura's itemized list has accomplished.

I think she handled it perfectly - a factual, businesslike letter itemizing the breaches they committed, sent with an email cover letter containing the warm fuzzies. I doubt the other side would bother taking this to court to sue her for breach of contract (ie, for withdrawing from teaching before the contractual end date), but if they did, this letter would be powerful evidence on her behalf demonstrating that she was exercising a remedy in response to THEIR breach.