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92. What Dancers Need to Know Before Signing a Contract with Attorney Cielomar Puccio
3 Plays6 minutes ago
As dancers, we tend to be creative people. During our training, our focus is on technique and artistry as opposed to the business aspect of our career. As we advance into the professional world and are offered our first contract, it can be a rude awakening. Most dancers don’t know what they should be looking for, or even how contract negotiations will develop.
In this episode, I’m joined by ballet dancer-turned-attorney Cielomar Puccio, founder of Brandllet Law to get the scoop on what dancers need to know. Together, we break down the essential parts of a dance contract in clear, practical terms so dancers can confidently understand what they’re agreeing to before they sign.
From salaries and rehearsal schedules to exclusivity clauses and shoe stipends, this episode covers the details that can make a big difference in a dancer’s daily life and long-term career.
Key Points in this Episode:
- The most important things dancers should look for in a contract
- The difference between employees and independent contractors
- Important clauses to look out for including exclusivity, intellectual property, moral, termination, and automatic renewal
- What dancers can realistically negotiate and how to do so professionally and confidently
- Red flags to watch out for in both the actual contract and the negotiation
Disclaimer:
A contract is a legal document subject to the laws, rules, and regulations of each particular jurisdiction in which they are executed. In the United States, each state has specific laws, rules, and regulations that apply to them. If you have questions about your issues in relation to a contract consult with an attorney barred in the state in which the contract is executed before you proceed with the agreement. The content and information provided in this podcast is intended for general informational purposes only and not to provide legal advice or opinion.
Connect with Brandllet Law:
WEBSITE: www.brandllet.com
INSTAGRAM: instagram.com/brandlletlaw
Links and Resources:
1-1 Career Mentoring: book your complimentary career call
Get 20% off your first order of ALOHA protein bars: https://aloha.com/BRAINYBALLERINA
Blog Post: Is Your Contract Knowledge En Pointe?
Let’s connect!
My WEBSITE: thebrainyballerina.com
INSTAGRAM: instagram.com/thebrainyballerina
Questions/comments? Email me at caitlin@thebrainyballerina.com
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Transcript
The Importance of Contracts for Dancers
00:00:00
Speaker
Dancers get very excited when they get an opportunity to work professionally. And I know that sometimes they don't want to ask too much or request too much because they think that this is just i'm an opportunity that I'm not going to show again.
00:00:14
Speaker
And that maybe I don't need to be pushing this too much. But really, a contract is something very important for you to have confidence. no problems in the future. It's good that you ask questions. It's good that you question because that way, if I have everything clear now, then in the future, I'm not going to have any trouble.
00:00:35
Speaker
I'm Kaitlyn, a former professional ballerina turned dance educator and career mentor, and this is the Brand New Ballerina podcast. I am here for the aspiring professional ballerina who wants to learn what it really takes to build a smart and sustainable career in the dance industry.
00:00:51
Speaker
I'm peeling back the curtain of professional dance world with open and honest conversations about the realities of becoming a professional dancer. Come along to gain the knowledge and inspiration you need to succeed in a dance career on your terms.
00:01:09
Speaker
Hello and welcome to the Brainy Ballerina Podcast.
Insights from Silamar Puccio on Legal Matters
00:01:12
Speaker
I'm your host, Caitlin Sloan, and I am joined today by Silamar Puccio. Silamar is a ballet dancer turned attorney and founder of Brandlay Law, where she provides legal advice on topics including trademark, copyright, and immigration to ballet dancers and other artists. Today, we are really focusing on contracts because for so many dancers, we're When you get your first professional job, that may be the first time you see a contract and you don't always know how to read it, how to understand it, what to look for.
Understanding Key Contract Terms
00:01:46
Speaker
Today, we're going to get all the scoop on that. So to start, could you tell us just the very basic definition of what is a contract? Well, first of all, thank you, Kayleen, for having me me here. It's an honor and a pleasure to be talking to all these wonderful dancers that I know that are going to need help when they get to that professional stage.
00:02:05
Speaker
And to answer yes, a contract. The important thing to know is that a contract is legally enforceable and it's an agreement with two parties. Why is this important? Because basically, if it's not something obviously against the law, immoral, unethical, you can't agree basically anything.
00:02:24
Speaker
When those two parties get into accord, that's basically what a contract is. And what are some of the specific things that dancers should be looking for in their contracts? The things that dancers should definitely see and be sure to ask about if they don't see it.
00:02:40
Speaker
Okay, well, it's important for dancers to look into what salaries and payment structures are. The length of the contract, rehearsals and performance requirements. Our body is our instrument, so injury policies are very important. Termination terms, outside employment restrictions. Remember that us as dancers, we sometimes need to work for more than one company or have extra additional work. We need to make sure that we're not going to be in violation of anything like that.
00:03:08
Speaker
And insurance and any other benefits, it'll be good. We use a lot of pointe shoes. Maybe those can be included in the contract. That's something also very good to look at. If you're not from the country and you come under a visa regulation, well, it's important to know who's going to pay for immigration fees, the contract, if it's going to align with what is needed in immigration, and anything that's going to affect immigration-wise, that you can see that the contract clearly explains it. Can you walk us through those contract elements that really impacted dancers' day-to-day life, like the rehearsal requirements, the breaks, the layoff weeks? What are the really specific things that you want to see in a contract? Okay, well, again, we're talking about something that is very demanding in our body. So we really need to focus on exactly those weekly rehearsal hours. You want to see day by day, explicitly displayed, i don't know, rehearsing from 9pm,
00:04:05
Speaker
to 1 p.m. But you want to see it detailed. You want to see also if you have any mandatory classes that you need to assist and which ones are non-mandatory so that you can adjust your schedule if needed. You also want to look into details of breaks.
00:04:22
Speaker
You need to see them expressed there. As you're going to see express the working hours, you also want to be expressed the breaks. You have Saturday and Sunday free. You have three hours daily. free and You need to see what of those are. Again, this is very important because our bodies are instruments and we need to also rest it to be in the best shape ever. You also want to see if you have touring expectations and to wear.
00:04:47
Speaker
specifically. Again, you don't want to be caught by surprise that all of a sudden you need to travel, need to get visas, need to get, you see, you want to all of that have ah have it there so that you can organize accordingly.
00:04:58
Speaker
The weeks that you have off, which of them are? That time off will be paid? Or would all of a sudden I'll have two months in a year that are going to be without payment and I need to get something
Balancing Work and Rest in Contracts
00:05:12
Speaker
supplemental?
00:05:12
Speaker
If I need to get something supplemental for that time that is not going to be paid, Am I able to? Or also, do I have restrictions of exclusivity or anything like that with the contract?
00:05:23
Speaker
Any schedule change. Remember, also, these things happen. We are in the artist business. They could be changing schedules, performances. You want to see also there explicitly expressed what is going to be those changes and what to do.
00:05:40
Speaker
Again, all of this so that you can respond accordingly. And it's going to be something that you're going to be comfortable with. It's not going to be something that is going to strain your body or it's going to make you work for a year and then be injured for five years after that.
00:05:55
Speaker
And definitely, as you said about the hours, and the number of days, also looking at how many days in a row you can be called to rehearse or for perform before you have to have a day off.
00:06:08
Speaker
Of course. And how long that day? Very important. Sometimes they see, oh, you're just going to be working Monday, Wednesday, and Friday. Oh, that's awesome. But you forgot the time and it's going to be almost 20 hours each day, which is basically impossible. So yes, you need to be ah looking at that very, very, very specifically. When I work and when I rest. And I want those two things expressed in the contract.
00:06:33
Speaker
So there's no problem afterwards. What are some of the hidden costs that dancers should factor in when they are comparing different contracts, something like maybe shoes, health care, other things that are not necessarily part of their compensation, but do come into play when they're looking at their expenses and how they could compare these contracts to see which one is going to be more attainable for them financially?
00:06:57
Speaker
This is something very important and something that it shouldn't be mislooked. Sometimes you have to wait the compensation that you're going receive in money versus what else are they going to give me. And we dancers need a lot of benefits sometimes. For example, you said it, shoes and any specialty food where we go through a lot of shoes. And sometimes even if the pay is less, but they're going to compensate you by giving you all the shoes that you need. That's something that is going to weigh a lot.
00:07:24
Speaker
Okay, versus maybe a contract that offers you a little bit more but doesn't compensate you in shoes. Also, maybe look for specialties in relation to your body. There are some contracts that give you as a compensation, physical therapy, massages, special benefits that work for your body.
00:07:43
Speaker
And those are really good to have. Especially if you know that your contract is going to require a lot of you physically, having also those compensation and those perks will help you a lot to keep that body in shape and also to recuperate faster. Health insurance.
00:08:00
Speaker
Again, health insurance is very important. you need to You want to see in detail what that health insurance covers. Maybe it says that it has a health insurance, but what does that health insurance cover? Because me as a dancer, I need some specialty doctors and attention for my body. You know, if you need to relocate, many dancers need to relocate even inside the United States or coming from the outside.
00:08:24
Speaker
If they're going to cover that expense, if they're going to cover any housing expense, That's something also that could be considered. You should also see if they're going to cover your taxes, if you're going to be a contractor, you're going to be an employee, because remember, it's going to then have some different weight on you tax-wise. You want to see how much you're going have to pay in taxes at the end of the year, which also you're going to have to see it. as less of a salary that you're going to receive.
00:08:50
Speaker
And we talk also a little bit about this when you have the time off. Is it going to be paid? Is it not going to be paid? And how big is that time off? Maybe I could go two weeks every three months with time off and without being paid, but I cannot go two months.
00:09:05
Speaker
So maybe if I have a month in wintertime and a month in summer, that's going to be too much for me. I need to know beforehand and also to know if I need time. to go work someplace else or how I can supplement that income. Those are basically the most important things that I would let dancers know. Very important sometimes. Dancers get very excited when they get an opportunity to work professionally. And I know that sometimes they don't want to ask too much or request too much because they think that this is just fun.
00:09:38
Speaker
I'm an opportunity that I is not going to show again and that maybe I don't need to be pushing this too much. But really a contract is something very important for you to have no problems in the future. It's good that you ask questions. It's good that you question because that way, if I have everything clear now,
00:09:57
Speaker
then in the future, i'm not going have any trouble. If I leave everything open-ended and with a lot of doubts, those problems will arise in the future and it's going to be worse. You're already in the contract and you didn't alert the other part that this is something that is going to bother you.
00:10:13
Speaker
So they weren't prepared for that. Also, it's going to talk about your professionalism. We artists, we need to take our job a professional way. It is a profession. It is a job. It is important. Our body's important. We need to take care of it because maybe today I'm working for you, but in the future, I'm going work for someone else. I need this body to last me as much as I can.
00:10:34
Speaker
to be as much as it can be protected um so that I can use and work for the longest time that I have. So I will tell dancers not to be afraid. This is something that they need to look for them. And if dancers don't look for it, then who's going to protect us and take care of our body? So it's something very important.
Mentorship and Industry Navigation
00:10:53
Speaker
If you're a dancer who's feeling lost, overwhelmed, or even just unsure about your next career step, I am here for you. As a former professional ballet dancer turned dance career mentor, I help dancers get clear on what they really want out of their careers and build a real, actionable strategy to get them there.
00:11:12
Speaker
Whether you need help setting goals, planning for auditions, navigating mindset blocks, or or just having someone in your corner who gets what you're going through and can hold you accountable, mentorship can make all the difference.
00:11:26
Speaker
If you're curious about whether working with a dance career mentor is the right fit for you, I offer a complimentary career consultation so we can talk through your unique goals and challenges.
00:11:37
Speaker
Just head to the show notes to schedule your consultation and let's fill the dance career you've been dreaming about. I want to go back to something you said, a few things you said earlier. But first, can you talk a little bit about how dancers know if they are eligible or can apply for unemployment?
Impact of Confidentiality and Exclusivity Clauses
00:11:52
Speaker
Like you said, dancers often have a longer layoff period. It's not uncommon for a ballet contract to go maybe August through May and then have multiple months in a row off.
00:12:04
Speaker
Can dancers apply for unemployment in that time or do they need to find a different job to support themselves? How does that work? Well, first of all, I will look into the confidential clauses and the exclusivity clauses in the contract. I would prefer, of course, if they are not so many so that I have the opportunity to look for other jobs during those periods.
00:12:24
Speaker
And if I need to apply to unemployment, I will look into the state, the state's regulations and the state aid in which you are going to work to see what helps do they give you. And of course, into the federal government agency to see if you're going to be applied for that and how much can you do it also?
00:12:43
Speaker
How many times can you do it? So I think that it's going to be very important for you, those confidentiality and exclusivity clauses. If you're not going to receive compensation,
00:12:53
Speaker
For some time and you're going to need something to work on to compensate for that time that you're not going to be working. I think that's going to be your best bet for you to be able to look at something that you can work on those times. Can you define the confidentiality and the exclusivity clauses for dancers who may not know what that looks like?
00:13:13
Speaker
Of course, confidentiality, it's going to be more related to the material that you're going to be dancing, the information that you have because of being part of this dance studio, dance company, dance school, etc. That information that you cannot share or they're going to limit you.
00:13:31
Speaker
in the amount that you can share or not, especially now with social media. um Some dancers, they record themselves rehearsing, then they post it. You have to be very careful that you are not infringing in this confidentiality clauses.
00:13:44
Speaker
Exclusivity is more going to be about if you, as a dancer, can work for someone else in any capacity related, of course, to dance, maybe as a dancer, maybe as a choreographer, maybe as a teacher, maybe as a director of a company. You see, you have to see those two restrictions so that you don't infringe in them if you're going to look for outside work. My very first contract, just to give a concrete example, we had an exclusivity clause that said we could not teach at any other dance studio within a 50-mile radius of the company. So... If you wanted to teach, you'd have to travel very far to do that, which really did limit your opportunities if you wanted to work within the dance world because a lot of professional dancers supplement with teaching. So that was something that for me ended up being almost a deal breaker at a certain point because I really wanted to teach. I didn't have that opportunity. So I really wanted to find a company that gave me that opportunity to add that to my resume and to explore that option. So definitely something to keep an eye out for. Exclusivity clauses are very common in the dance world. You have to look out also not only when you are in the contract, be careful to exclusivity clauses after the contract terminates.
00:15:01
Speaker
And sometimes they extend that exclusivity and law ah permits it for a time, of course, not unlimited, but for a time after you finish working with them. So be careful and be in the lookout for those clauses. Those clauses are very important and very common in these contracts.
00:15:16
Speaker
I hear about them a lot for teachers too, maybe having a contract through their studio that they can't teach at other studios as well as the one they're teaching at. Or even like you said, having a limit for like a year after you finish teaching here, you can't open your own studio within a certain mile radius. And I have heard that those are very hard to actually enforce. What's the truth behind that?
00:15:37
Speaker
No, you can't enforce them. Each state has regulations on those exclusivity clauses about time, about distance that you were talking about. But if they are within what is legally permitted, you can't enforce them. Like any case in law, you need your evidence to prove it. And you will need to prove that the person is violating that contract.
00:15:59
Speaker
but And in some cases, it's going to be easier than others. Of course, if the contract clearly stated that you cannot open a studio within... 10 miles and you have a studio open and I just need to pass by, take pictures, take maybe a couple of advertisement material and show that as evidence that you open a studio next to mine, that's easier than maybe you giving classes and me having to search where are you giving classes? Let me see if they want to tell me and testify against you. You see, so some of them are going to be harder than others, but I don't see anything that is going to be extremely harder to enforce. You have to be very careful with those contracts because in damages, you could be ending paying out a lot of money because you violated that clause.
00:16:42
Speaker
And for dancers who want to teach, I would really be careful of that because so many times you're only getting maybe a few hours a week at a studio. They're giving you five hours a week to teach, but then they're wanting you to be exclusive to their studio. And then how are you going to support yourself? You have to have other studios. So I would really hesitate to sign something like that if I was a teacher. And if that was something that they were really trying to enforce for me, that I would say maybe this isn't the right studio for me. Of course, everyone has to have their own opinion about what works. and That's the whole point of the contract is you decide if it works for you or not before you sign it.
00:17:16
Speaker
But definitely something to take into account the trade-off of how much you might lose in other opportunities if you do sign for this one studio. And again, being this such a big issue between dancers, and everybody knows that, before I became an attorney, I did work as a dance teacher and I had to work for multiple studios because it was the only way that I could make a reasonable income.
00:17:40
Speaker
So being this very common, I don't see it as unprofessional or as a bad way. If you receive a contract and you see an exclusivity clause that affects you, And you raise your voice, hey, can we maybe look into this more? Is there any leeway? Can we reach another agreement? Because I'm sure that they're aware of the situation as we are, because we're all in the same field. I also want to go back to what you said about being a contractor versus an employee and how that affects your taxes.
Legal Considerations: Taxes and Termination
00:18:10
Speaker
Can you explain that in more detail?
00:18:12
Speaker
Yes, of course. Remember that when you're in a contractor, you go through taxes to what they commonly do. The CPA is commonly called the 1099, which basically you are the one responsible to cover all the taxes and not the company. There's also social security and government paid help that the employer would pay for you. That's all going to be on your side.
00:18:33
Speaker
And sometimes, of course, since you receive a bigger check, the check is full. You don't receive anything subtracted. You spend all that check. And when it comes then April or time to file your taxes, you have to pay maybe a few thousand dollars that you don't have because you already spent that money.
00:18:51
Speaker
So very important, especially again, if you're not knowledgeable of the country, you come from maybe from outside to be aware of what those laws are. Maybe get in contact with an accountant that could let you know what is your responsibility because you don't want to then get into an issue because you you're not fulfilling this responsibility, which is very important.
00:19:13
Speaker
And you want to be prepared for. So if you in advance know that you're going to be a contractor and you're going to receive a payment of X money, know that maybe you need to save 10% of each check for taxes at the end of the year. That's the difference with being an employee.
00:19:28
Speaker
An employee, the responsibility of the taxes and all these government payments are going to be in the hands of the employer. Yes, you're still going to have to file taxes. Yes, maybe there are some things that you still need to pay, but the majority of it is going to be covered by the employer.
00:19:45
Speaker
That's like the biggest thing. But remember also that the protections are different. As an employee, you have more protection than a contractor. An employee, you're assumed to be, let's say, how can I put it colloquially, like a member of the organic organization, like part of the organization. A contractor, no.
00:20:06
Speaker
A contractor is a person outside of the organization, right? that they are just paying you for a service that you're providing. So it's going to be very different if, for example, you get into a legal issue to argue yourself or to claim benefits if you are a contractor versus an employee.
00:20:27
Speaker
Now, usually what I've seen is that in the dance world, all of these contracts are basically as a contractor. It's hard to get a position as a dancer, as an employee. Usually employees are more for um staff of the company, like maybe the artistic director, maybe some teachers at a high level, like master level teachers, but Usually the majority of the employment is through contractor.
00:20:56
Speaker
So my suggestion here will be that if you see that your contract is going to be as a contractor to look into the taxes area with a accountant or a CPA so that you can be aware of how much less my salary is really going to be because I'm going have to pay something. So my salary is not going to be what the paper says.
00:21:16
Speaker
It's going to be less and how much. And you said 10% to set aside. Is that the number you recommend for a contractor generally? No, no. I would recommend going state by state.
00:21:27
Speaker
Usually accountants let you know which amount is and to separate that exact amount so that you have have no issues at the end of the year, of the fiscal year. Are there any other clauses that are kind of sound like complicated legal jargon for dancers who aren't familiar, but that we really need to be looking out for that are really ab important for us? Yes, yes, of course. I would say the at-will termination is one that is very important. And this is very simple. This is just going to tell you when each part can terminate the contract and how. If it's too one-sided, if the company or the organization has basically free will, be careful when entering into a contract like that.
00:22:07
Speaker
Because then you have to know that at any time they can terminate the contract and this could be your last paycheck. Be aware of those at will termination clauses. That's something also that I think can be agreed and talked upon and reached an agreement. We already talked about the exclusivity clauses. Another way that you can see this is like a non-compete clause.
00:22:28
Speaker
That's another word for it, but it's the same thing, non-compete, so that you don't represent a competition for them. Maybe you cannot go work for a time and for a related distance. Maybe you cannot choreograph. if All those is the same. It's the non-compete. Nowadays, be careful with the moral clauses.
00:22:46
Speaker
Specifically in ballet. Why I say specifically in ballet? Because I still see that ballet is the most traditional form of dance that we're still seeing out there. And there are still some more clauses imposed on the dancers, specifically in big companies that want to see more uniformity or more unity in the dancers. What those moral clauses could be, they're going to also depend on what the law permits, but they could be maybe no tattoos.
00:23:14
Speaker
Everyone needs to have brown hair. So if you don't have brown hair, you need to dye it. Maybe you can now wear earrings. Those moral clauses, which deals with your body, you need to be aware of them because you don't want to enter. And maybe now I comply with them, but I didn't look into it. And then in the future, I do something that is going to be violating that clause.
00:23:35
Speaker
And an earring, i could take it off. But maybe if I did a tattoo because I didn't know, it's going to be harder to take it off. And also, you don't want to lose the contract if you like it. So those moral clauses still exist and you have to be in the lookout for them.
00:23:49
Speaker
And intellectual property clauses. Very, very important, especially if you're going be a choreographer or if you're going to have some kind of your artistry creation being given to the company. It's very common.
00:24:03
Speaker
You see it also in teachers a lot because teachers usually they choreograph the dance for the recital or for the end of the year production that they comes with an intellectual property class that whatever that you perform there or whatever that that you create there is going to be theirs.
00:24:19
Speaker
be aware of that if you teach in five different studios be careful that you don't do one choreography for the five different studios and you're violating this intellectual property clause also be careful that then you want to leave the studio and use that choreography or use that artistic work because you're not going to be able it belongs to them so be on the lookout of those intellectual property clauses those are quite common. And we already see saw the termination clauses.
00:24:48
Speaker
I would give it a look also to the automatic renewal clauses. Okay, some of them are in your benefit.
Intellectual Property and Automatic Renewals
00:24:55
Speaker
Some of them aren't because maybe year by year, you need to, you want to be aware of what other offers are there. You want to be able to open and look at other jobs. But if it automatically renews and maybe the time passes real quickly, you didn't realize you're already one month in the new year. You have to stick with the contract then for a whole new year.
00:25:14
Speaker
So be careful with that. Those are things are the clauses that I would be most concerned into looking into. I would like to say that if you are coming outside of the country and you need a visa, the contract is going to be very important, especially in the termination area. Because remember, the visa that you're getting is an employment-based visa.
00:25:35
Speaker
So the government is going to use and is going to give you everything that is seen in the contract. So if your contract terminates in a year, the visa is going to terminate in a year. So be careful on being the lookout that you have in the contract, everything that you need for that employment visa to work.
00:25:54
Speaker
Let's quickly pause this episode so I can share with you one of my favorite snacks that I have been loving lately. As a busy dancer, educator, and mom, I am always looking for a snack that I can throw into my dance bag that will be quick, convenient, and provide lasting energy.
00:26:13
Speaker
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00:26:27
Speaker
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00:26:41
Speaker
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Union vs. Non-Union Contracts
00:26:52
Speaker
You touched on this, but I'd love to really expand on the conversation about negotiation. Are there parts of a contract that you feel dancers can realistically negotiate? And how is it best to approach that conversation? Yes.
00:27:06
Speaker
I would negotiate on salary. I think that in every profession, salary is a negotiable um subject. For dancers specifically, the shoe allowance, because we do go through a lot of shoes.
00:27:19
Speaker
I think that that's something that everyone, again, also knows and that you should be able to negotiate. If you are a professional dancer, I would try to see if I could negotiate guest permissions.
00:27:32
Speaker
And with this, we go to the exclusivity clause or the non-compete clause. I would try to negotiate that. Maybe then you want some exclusivity or non-compete and I cannot wiggle it there, but maybe you left me two or three guest appearances a year. And that is my way to maybe supplement my income. That would be something that I would also negotiate. And I would try to negotiate my break times.
00:27:58
Speaker
If I see a contract that is to work heavy, remember everyone in a contract, both parties are looking for the best interest in their side. So they want you to work a lot for them.
00:28:10
Speaker
You need to take care of your body. That's your instrument. That's what you need to work. So look into those break times, those breaks that you have and terms so that you can rest accordingly as you need it. Very important that if you're entering into a contract like a regular standard contract between two persons, you're going to have more wiggle room versus a union one. Because remember also that a union then it's going to have also some authority and going to have some restrictions in that contract.
00:28:43
Speaker
The same thing also will happen a little bit if the company's a too big and has company-wide policies. Maybe those are going to have some restrictions also. But in general, if you are doing a one-to-one contract, it's going to be easier to negotiate. What's the best way to approach this? I feel like as the dancers, we often, you mentioned this before, you're so excited to get your contract.
00:29:05
Speaker
And how It can feel so hard to get that you feel like you better just hurry up and sign it as fast as you can before they change their minds. But of course, we know we really need to do our due diligence. So how should dancers approach this whole process respectfully so that they can feel heard, but still make sure, like you said, they are getting all the things that they need to do their job properly?
00:29:28
Speaker
I think that it's very important to approach it in a professional and rational way than a personal and sentimental way, we can say.
00:29:40
Speaker
Yes, feelings are involved in here, but you have to think rationally. And I think that if you address your concerns differently, in a professional matter, and with examples and details of why it won't work for you.
00:29:55
Speaker
Examples and details that are concrete and that are reasonable. You are, for example, you are not going to cover for my shoes. I use pointe shoes and I go through six pairs a month.
00:30:08
Speaker
Each pair, it's around $100. That means that I'm going to spend $600 a month additionally. So the salary that you're giving me is going to be, you have to discount $600 and then it becomes a less salary.
00:30:22
Speaker
So two options. Or you are more open to increase my salary? Or can we get an arrangement in the shoe stipend? Maybe if you cannot cover all of them, cover half for me.
00:30:33
Speaker
And then I'll just have an expense of $300. You see? But that's a rational way to let them know your concern. And that is not something about, I just want more money. No, no, I'm explaining to you why.
00:30:46
Speaker
And the issues that I'm going to go through to try to get to an agreement meet me in the middle. I think that's the best way. Keep your feelings to the side, which I know that for us artists, it's very hard, but we need to do. Yes. yeah Can you talk more about the difference between a union or maybe an AGMA contract for a ballet dancer specifically compared to a non-union dance company contract? What are some of the protections that dancers might expect to see if they are in a union company that they may not have in another kind of contract?
00:31:16
Speaker
Well, in a union contract, especially the American Guild of Musical Artists, it's one very common. Usually you have minimum salary standards. and You're going to have overtime protections, again, because we work with our bodies, so they're going to have that. The required breaks, you're going to also usually have that. Grievance procedures, so if something comes up where you can go, sometimes these contracts have some kind of arbitration or media mediation before going to court and some kind of injury protections.
00:31:44
Speaker
Those are usually what they have, but they could vary, of course, depending on the union. But those are some of the standards thing that you can
Negotiation Strategies and Ensuring Written Agreements
00:31:53
Speaker
see. Are there any big red flags that you think dancers should look out for before signing? Like if you see this, this really is something to maybe talk to your attorney about or reconsider. Yes. Remember, this is a job.
00:32:07
Speaker
It's something professional and we're here to enjoy what we do, but we're here to work. So be careful with verbal promises, not included in writing. Maybe you are going through the contract and you say, oh, but you told me that I'm going to receive also three pair of shoes and it doesn't set it here. Oh, don't worry. Don't worry. um' Yes, we're going to give you that. No, no. Big red flag. You want that in writing.
00:32:32
Speaker
You want it professional and you want them to correct, redact again that contract. If they put so much pressure to sign. You can take the contract review with your attorney. That's no big issue.
00:32:43
Speaker
If they're pressuring, you know, like i need it now. Something also may be in the contract that you should not sign for. um No injury policy. Again, we need our breaks. If injury happens, what is my time off? It's going to be paid. If it's not going to be paid, all of that, you want it there. The payment terms, you want them clear.
00:33:02
Speaker
If they're going to pay you per performance, how much? If they're gonna pay you weekly how much but you won that clear. Those are usually the most red flags that I see. But again, if the person sits down with you and you see them and see, just come on, sign. It's the regular standard contract that we have.
00:33:22
Speaker
That's a big red flag for me because no one should be pushing you to sign a contract. And I know that you're going to be happy. I know that you want to sign, but be careful because maybe it's in a mistake that it kind of costs you in the long run. Yep, and I definitely experienced that.
00:33:35
Speaker
I've been in the room and been looking it over and so I'm to take this with me and they've said to me, please just sign it and hand it back. Like you do not have to do that. And I want dancers to know that because I feel like you feel a lot of pressure in that moment to just quickly sign and to scan and you really, really, really do need to read every single thing in there. If you don't understand it, ask an attorney, ask somebody who can explain it to you because it may be totally standard.
00:34:01
Speaker
And something that you don't really need to worry about as long as it works for you. and it may be something that they're trying to sneak in that you really want to check out. And I also agree about what you said making sure it's in writing. I've had this experience even recently where I was contracted to teach somewhere. And I said, oh, can we please include reimbursement for mileage or anything? Is there anything for that travel reimbursement? And they said, oh, sure, we will do this. And I said, OK, great. Can you please put that in the contract? And then I will sign it.
00:34:31
Speaker
So, like you said, make sure that it's not just agreed upon verbally. it' Everything is in there and you can ask for it and it's okay. And I do think there is definitely level of respect when you do ask for those things. As dancers, it can feel as if I don't want to rock the boat. I don't want to say anything.
00:34:49
Speaker
But you are a professional and this is a professional job. And you will receive more respect if you show the respect for yourself in that environment. So don't be afraid to speak up Of course, of course. I think it's very important. Be careful when, if you're signing the contract there, if you have questions, be careful if there is an attorney present for the company.
00:35:09
Speaker
Remember, also the attorney present there, it's going to be for the company. So they're going to be looking for the company side. So again, if you have any questions, any major questions, if they explain it to you, you don't understand it or something seems off, take your time and ask for you to look out for an attorney.
00:35:29
Speaker
to help you with it. Again, you don't want to have something said that it was not there and then i have a bigger issue later on. And one thing I do want to bring up that I meant to say earlier, because I have a lot of dancers who are doing auditions right now and they need videos and they can't get video footage from their company.
00:35:46
Speaker
So another thing to look for in your contract is if you... do you get access to any photos, any video footage? And if so, what can you do with it? How do you need to credit it?
00:35:58
Speaker
What are the stipulations around that? Because maybe you don't even want to post it on social media. You just want to have it for your personal collection to be able to send to companies for audition video or just to have to show your grandkids someday to be like, I was a professional dancer and I did this. What does that look like? And having that in your contract is also very helpful. That's going to be with the intellectual property clauses. Remember that material, that dance that you're doing, if that music belongs to the studio or where you're working for, you're going to need their authorization to use it and to spread it, even if it's just to give as an audition video. Also be careful if, and this happens a lot, if you are a dancer and you want to show a piece and there are other dancers in the stage and they're minors,
00:36:45
Speaker
Be careful about the personal image loss, that control that you cannot show the minors in those settings. so And this is going a little bit more deeper. Usually the intellectual property clauses are more general.
00:36:59
Speaker
So what I would do is I would ask if I need to use a video, some footage of the company, I would ask the company if they authorize me.
00:37:09
Speaker
If they do authorize me, I would want that in writing. and have an attorney look over to see if it's going to be okay for me to use that. Especially again, if you can see other people in the videos and usually they're minors. So be on the lookout for that. But that's a more complicated subject. Usually I recommend having an attorney look into that and helping you with that. But that's very important, Kayleen. Yeah, very important. You've mentioned quite a few great tips for dancers who are maybe immigrating or are going to be on a visa.
Visa Requirements for Dancers
00:37:40
Speaker
Is there anything else that you think those dancers need to know legally when they're coming to dance in the U.S.?
00:37:46
Speaker
Again, it's very important that their contract aligns with what the visa requires. Employment visas require some stipulations in the contract, and you need to have them there. If not, the visa is not going to be granted or it's going to be granted for a less period of time. Ask also for payments.
00:38:03
Speaker
These visas, they have a lot of work that the attorneys need to do and they are costly, not only in attorney fees, but also they have filing fees.
00:38:13
Speaker
Who's gonna cover for those? If the contract terminates, who's gonna return me to my country? Do I need to cover the expense to go back Or is this something that the company is going to cover for? If the contract terminates for XYZ reason, is there something that needs to be done with the government? And who's going to do it?
00:38:32
Speaker
Maybe you need to go to the government, let them know that you already terminated their employment. Usually, work authorizations go hand in hand with the employer. So be on the lookout. Could I do other work?
00:38:44
Speaker
Because maybe in the contract, they say, oh, yes, this doesn't have an exclusivity, doesn't have an uncompete. In your two months that you have free during summer, you can go work wherever you are. Oh, but your visa doesn't allow it.
00:38:56
Speaker
So be on the lookout that then you have something or another contract that could sustain your visa to work for multiple employers. And again, taxes. Even if you are from outside, you're working in the United States, you want to pay for those taxes. You don't know if in the future you want to live permanently in the United States and you don't want to already have a problem with IRS. So those are the things that grossly you need to be in the lookout.
00:39:21
Speaker
It's a little bit complicated because now we're merging things. two subjects, contract law, employment law, and immigration. So I think it's best if you definitely hire an attorney for this.
00:39:32
Speaker
Yes, definitely.
Final Thoughts and Contact Information
00:39:33
Speaker
Okay. Last question I have for you What is one thing you wish every single dancer knew about a professional contract before they ever sign one?
00:39:42
Speaker
Not to be afraid. We have talked on this I know you get excited. I know sometimes it looks like it's the only opportunity that you're going to have that you don't want to waste it because you ask too much or because you question too much.
00:39:58
Speaker
But it's very important that you do because anything can happen and the company is going to defend themselves and you're going to be let without any protection. We don't want that to happen, but let's say that you get injured.
00:40:12
Speaker
And there's no expense to cover you. And the injury is going to take you a year to recover and a lot of medical expenses. And after that year, you see, you really need to look into it in a professional way.
00:40:26
Speaker
But you really need to question and understand what you're signing. That way, your career is going to start in a great way. And you're going to enjoy your time there. It's not going be a torture. Yes, this has been great.
00:40:37
Speaker
So helpful for all dancers, all these things that I really wish I knew as young professional. If anyone listening wants to learn more about you or your business, can you share where to find you? Yes, of course. They could email me. My email is L-A-W at gmail.com. They can also go to my webpage.
00:41:02
Speaker
Brandlet or they can get me on Instagram also Brandlet long. I'm more than happy to help them in anything that they need. Amazing. I'll put that all in the show notes for any dancer listening. Thank you so much for all of us today.
00:41:14
Speaker
No, thank you for the opportunity, Kayleen. It's always a pleasure to talk to you. You too.
00:41:21
Speaker
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00:41:34
Speaker
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00:41:47
Speaker
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