Wilsons Dance Club International

Mon, Feb 10

Hello from Wilson's Dance Club International,

This is our response in regards to a complaint that was filed against our company from *** case #***.

We thank you for bringing this to our attention.

In summary, this complaint is not valid in any way, shape or form, and is completely without merit.

We will address the reasons why it is not accurate in full and on a point by point factual basis.

First, we'd like you to know that this student has been a rather long term student of our dance studio and has always been considered a very respected and well liked student and customer of our company.

We'd like you to know that we 100% care about the concerns, perceptions and feelings of all of our valued students and customers over the past 23 years and *** is no exception.

However, there is also a particular reason that led to her complaint, that evidently she has chosen to not disclose to you in her complaint.

Normally it is our policy to never publicly talk about any matters such as this, regarding any student, but unfortunately we are forced to at this point, due to the fact that she has lodged this complaint and we are required to respond in full .

First, we will address the particulars of the complaint.

As we stated above *** has been a rather long term student of our studio for quite some time and has bought many lesson plans and curriculums each which have our standard student contract. Our student and dance lesson contracts are very much the norm in the ballroom dance industry nationwide.

She had purchased one of our Charter Member Lesson packages. Our charter member lesson plans typically include anywhere from 50 to 75 to 100 lessons. Her contract was for 100 private lessons. Additionally, she had also requested a payment plan for this charter member lesson plan package.

Each of our lesson plan packages and dance class curriculum packages come with our standard terms and conditions contracts that govern these particular lesson plans and packages.

A copy of this contract, specifically her contract, has been provided to you.

When a student purchases one of our larger charter member lesson plan packages they are also assigned a specific instructor that will be teaching these lesson plan packages. It is worth noting though, that none of our contracts specifically contract for or with a specific individual instructor or dance teacher that works for Wilson's Dance Club International.
The contract is with our company only. Depending on the circumstances, our company reserves the right to change and provide a different qualified instructor germane to the purchased lesson plan that a student has purchased.

Generally, if a student is going to cancel a particular lesson package or lesson plan that they have contracted with us for, there are several conditions where a refund can be issued or considered. A. providing express written notification within 3 days of making of the contract (Item #5 in contract)

B. If a student becomes physically unable to unveil himself or herself of the dance studio lessons or services or if a student dies of course. (Item #6 in contract).

C. Or if the lessons or services to be offered become unavailable, as stated in the contract ,student may cancel this agreement.

None of these conditions apply to ***'s claim in any way.

*** did not give us any written notice of any kind much less within any three day right of rescission or at all.

*** is able and physically able to take her lessons into our knowledge and is not physically unable to take them, nor has she provided any particular documentation from a health care professional or provider.

Her lessons are absolutely available to her with a more than qualified instructor that works for our dance studio.

***'s contract with us remains fully in effect and is available to her at any time. In fact, even the owner of the dance studio Mr. Wilson Barrera, the owner of our company, and who is a three time global ballroom dance champion, has even offered his instruction in talent for any of the lessons in her lessons plan moving forward.

At this point, we must point out what we learned to be the real reason for the unfair attempt to cancel this contract by the student.

*** of course was assigned a specific dance teacher here at our studio.

However just a few months ago last November December, the instructor she had here,unbeknownst to us, went to work for a competing dance studio here in town.
*** apparently joined that instructor at that new dance studio.
This particularly violated that instructor's non-compete non-disclosure non-fraternization contract as well as the contract that *** has with us.

This occurrence brings us to item number 9 of ***'s contract:

Item #9:
Student agrees not to associate with any studio personnel outside the studio or to give or loan anything of value to studio personnel during the term of this agreement and for one year thereafter to protect the studio from unfair competition by any student personnel studio also agrees not to directly Or indirectly aid or assist such personnel to engage in any capacity in the teaching of dance lessons providing services which employ the know how or knowledge obtained as an employee of the studio ......" etc etc etc (please read in full Item #9)

At no time did we tell *** that we would not meet with her.

Regarding the payment that was charged to her credit card, *** understands that because her contract is absolutely in effect and that because her lessons are 100% available to her here, she is obligated to maintain the payment terms of her contract.

In fact the $3500 or so charge that was made to her credit card was a part of the payment terms in arrangements that she made with us and actually that payment was long overdue but we were trying to work with her over the holidays.

When a student engages in one of our charter member as we call it lesson plans and packages a great amount of expense effort planning and resources go into the execution of those contracts.

Therefore we would like to point out item number #8 in her contract: "Any paid unused and unexpired dance lessons or services remaining under any unexpired previous student enrollment agreement shall continue to be valid and any unpaid balance owed to the studio shall be incorporated into this agreement."

There are other items in her contract that apply to this complaint that we will not detail here but we have provided her contract to you for reference.

In conclusion we very much want to work this out with this student. And we want her to be a happy customer and student as she always was up until these events occurred.

We will make every effort to fulfill her contract with us in every way.

We will make every effort to be completely fair with *** as well.

But I'm sure you can understand our position that our company's rights and contracts also must be protected and respected as well.

Warmest Regards,

Wilsons Dance Club International

The Contract between Wilson's Dance Club International Inc. and *** clearly states that the only means for cancellation and refund is by written notice of cancellation; either within three days of signing or August 26th, 2019 (see ¶5 of Contract);

5. Upon the mailing or delivery of written notice to the studio within three (3) days of the making of this contract, exclusive of holidays and weekends, student may cancel this agreement penalty-free. The studio will refund upon such notice all monies paid under the contract except the amount for ballroom dance studio services or lessons actually rendered or to have been rendered, by contract, during the number of days prior to the cancellation notice. The studio will issue a refund within twenty (20) days after receipt of the notice of cancellation made within the three (3) day notice. Written notice may be construed as any written expression of the student to not be bound by the contract and delivered to studio.

or upon the event that she became physically unavailable or the lessons and services ceased to be offered (see ¶6 of Contract).

6. If the student dies or becomes physically unable to avail himself or herself of the dance studio lessons or services, or if the lessons or services cease to be offered as stated in the contract, student my cancel this agreement after three (3) business days of its making and released from further payments upon notice of cancellation. After three (3) business days the studio will charge only for the dance instruction and services actually furnished under this contract plus a reasonable and fair service fee. The studio will refund the balance in three (3) equal monthly installments to be completed within not more than 90 days after receiving notice of cancellation. "Reasonable and fair service fee" means no more than 10 percent of the total contract price for contracts of $1000 plus an amount equal to 5 percent of the total contract price over $1000 (not to exceed $250 in total).

Since there are only three circumstances which would enable Ms. to get a refund per our Contact a) written cancellation within the first three days, b) that she is not physically able to take the lessons or c) that we cease to offer them, her persistent request for a refund was denied.

The initial three-day time period allowed for cancellation has passed; Ms. is, by her own admission, physically capable of dancing but chooses not to continue taking classes with us for personal and emotional reasons; and while her preferred teacher is no longer in our employment, our private lessons services are still being offered, so we are not contractually obligated to refund any of her pre-paid lessons.

It is our policy to provide an exact two-sided copy of our students' contracts and verify that we did indeed give an exact two-sided copy of her Contract with images on both sides to her at the time of signing. As evidence of this please see the front page of the Contract where Ms. acknowledges by her signature that she understood her contract and received an exact copy of it.

"Notice to student: Do not sign this contract before you read it and the writing on the reverse side or if it contains any blank spaces even if otherwise advised. You are entitled to a copy of the contract you sign. Keep this contract to protect your legal rights. Under the law you have the right, among others, to pay off in advance the full amount of the unpaid balance due.

STUDENT ACKNOWLEDGES RECEIPT OF AN EXACT COPY OF THIS CONTRACT.

I am physically able to take and financially able to pay for the above course of instruction and/or services(s). I have read and fully understand the terms and conditions of this agreement, have signed same voluntarily, and knowledge receipt of a fully executed copy."

Ms. claims she did not authorize the $3,575 payment due us on November 1st 2019 yet she signed a Contract with us agreeing to pay $3,575 on Sept 1st, 2019, $3,575 on Oct. 1st, 2019 and $3,575 on Nov. 1st. 2019 and gave us her banking information to process the payments. Her November invoice was emailed to her on November 1st, Nov 2nd and again on Nov 4th, 2019. See attached INVOICE

In summary, Ms. is unhappy that we are enforcing our Contract with her. She decided to take dance lessons elsewhere with our previous employee in violation of her Contract with us and contrary to her Contract she thinks she is entitled to a refund of unused lessons that she refuses to take by our well qualified staff. We understand her plight, many students become attached to their instructors and want to follow them to new studios, but this does not relieve her of her contractual obligation.
As we said before all the services remain valid as long as Ms *** chooses to use them before the expiration date of the contract.