Contracts requiring dancers to waive the right to sue
I've been bouncing around new clubs this week, and two of them now make dancers sign contracts that, among many other things, require them to waive all rights to join class action suits against the club or sue for any other reason. If they disobey, there's a clause saying dancers have to pay all of the club's legal fees and any damages incurred. One of them had three pages devoted to shit like "the dancer agrees that if dancers were employees, this would mean that all of the money they earned at the club would be property of the club. Therefore, signed dancer agrees that the relationship of club and licensee is beneficial to both." I am not really interested in joining a suit against clubs, and I am ready to put my platforms away for good anyway, but I think these contracts are really shady and fucked up. When I confronted the manager of the first club I saw this at, he got pissy and tried to take it from me without even discussing my questions. I didn't bother at the second club because I was sitting about seven feet away from a girl blatantly riding dick on the main floor in front of the manager, so I don't plan to be there for more than two weeks before I either self-immolate or find another option. I am not really sure what the point of this post is, but I guess I'm just wondering if anyone else has been seeing these changes to their contracts lately?
Re: Contracts requiring dancers to waive the right to sue
Yes, I started seeing them in the beginning of the year and they basically said the same thing. I thought it was fucked up too. Also I think the deal with one of the ones I saw was that if you refused to sign it, they could just fire you.
Re: Contracts requiring dancers to waive the right to sue
^Yep. I was told I didn't have to sign it... if I didn't want a job. One page also said that I was signing agreeing that I had been able to ask all of my questions and that I had been able to consult a lawyer between receiving the contract and signing. But when I went to ask a question, the manager attempted to take the contract back, and everyone freaked out when I took a picture of a page. One club wanted me to sign them rights to use my image to promote the club, which was also not negotiable. Oh, and they had a nondisclosure clause saying we couldn't discuss the club or its patrons, or anything we might see or hear while there.
Re: Contracts requiring dancers to waive the right to sue
Lol, they didn't even give me time to read it when management handed it to me.
Re: Contracts requiring dancers to waive the right to sue
That's insane, was it a nice club? Do they make all the girls have pictures taken? That's so weird... o.O
Re: Contracts requiring dancers to waive the right to sue
Uhmm... It is hard to call any club in Houston "nice." They were both prominent clubs with lots of girls working. The club that wanted rights to images tends to post a lot of stuff online, like on Facebook and their site. They also have billboards all around the city. I didn't stick around to hear about those rules any further, as the manager became really rude and said I could work a day shift on Sunday even if I signed all of their shit. I am pretty confident that had a lot to do with me asking those questions, and because a waitress sat down and wanted to know if I am a "good girl or a bad girl." She said one other dancer was a "good girl" there, so I would have been in the minority. This club also had pages in the contract asserting that management had nothing to do with girls prostituting (though managers are essentially pimps there), and dancers have to sign a page on that subject every single time they check in. It's pretty intense.
Re: Contracts requiring dancers to waive the right to sue
Quote:
Originally Posted by
tuesdaymarie
a waitress sat down and wanted to know if I am a "good girl or a bad girl." She said one other dancer was a "good girl" there, so I would have been in the minority.
I've thought about wanting to move to Texas, but remind me to stay away from dancing in Houston!
Re: Contracts requiring dancers to waive the right to sue
^^^ this is a sign of hard economic times for the clubowners, combined with the recent success of high profile class action lawsuits against Rick's, Flash etc. While the 'employee dancer' debate works it's way through courts and state legislatures, the clubowners are now trying to CYA. Reality is that successful 'employee dancer' lawsuits cost clubowners huge amounts of money, that such contract provisions are 100% legal, and that ... as the quoted clubowner above put it ... if you don't like the contract terms you don't have to work in that club !
Re: Contracts requiring dancers to waive the right to sue
I feel like I've always seen this silly clause in the contracts. it doesn't mean anything, its certainly not legal, and even if it was a legitimate clause, if you were in the position where you wanted to sue them, they would have broken the contract first so you would be under no obligation to hold up your end.
I've shown a few of these contracts to the lawyers I know and they always laugh really hard at this clause. its true that we dancers don't have many rights or privileges that normal employees do but don't let that fool you into thinking that contract is legitimate. its not. but don't bring it up with the manager again because you should know by now how flustered managers get when it comes to dancers questioning their status and all. the clause is there in hopes that a portion of girls will read and believe it, lowering their problems
to clarify, yes a form of this clause has existed for awhile including at clubs that later lost class action lawsuits. I'm not talking out of my ass here. don't worry about the contracts, worry more about the house rules because those will definitely affect you more.
Re: Contracts requiring dancers to waive the right to sue
^^^ agreed that while such contracts are 'legal', in reality they are not likely to be enforceable ... for precisely the reason that Charlotte states, i.e. the club having breached the contract themselves. Also agreed that the real world purpose of such contracts is to potentially 'drive away' dancers who are smart enough to know their 'rights' and strong enough to challenge the club.
Re: Contracts requiring dancers to waive the right to sue
My sister has a law degree and has lectured me about how just because a contract was signed doesn't mean it's enforceable, so I thought this would certainly be the case (and... yeah, I might have said something to the manager along those lines after I became particularly pissed off, thus the Sunday day shift...), but I am always amazed by how manipulative club owners are. I know I shouldn't be surprised at all at this point, and arguing with them always does seem to get me in trouble, but I just become so outraged by their bullshit.
Re: Contracts requiring dancers to waive the right to sue
I don't freakin blame them!!!!
Re: Contracts requiring dancers to waive the right to sue
I had to sign a contract with a club in WV that I wouldn't sue them, the manager said that it was in case I did any crazy pole tricks and fell on my head...it still seemed kind of weird?
Re: Contracts requiring dancers to waive the right to sue
I got a book practically from a club I was hired at but to their credit they gave me a copy to study first. Another club refused to give me a copy. I declined to work with them. That was too shady and let me know they could not be trusted with my physical safety and care much less my social security number, etc.
Sometimes you have to walk away from unscrupulous people while you still can.