Q: Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted
Teen daughters danced at a studio. Annually fill/sign a standardized code of conduct form agreeing to policy of treatment of others. My kids (and others) were bullied by suburb mean girls. Owner informed. Kids were blamed by owner instead of helping. We told our kids to be overly nice (too nice to bully?). Owner told bullies, got worse. Owner blames my kid when later told (tactfully) it needs fixed or we are leaving. Says the bullies will be notified so they can adjust group dances to fill opened spots, even before we leave (kids now a bigger target). Does the code of conduct count as a “contract condition” to the tuition we paid, expecting equal protection from code? Is the verbal contract for exchanging money/services breached by the code of conduct being ignored?
10+ families have quit (Same gen reason)most mid season. Owner has been sued/settled once by a family et al. Can I ask those families for their experience without poisoning the well? Show pattern of behavior? Let it go?
A: I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I would focus on finding a different studio with which my daughters were happy.
A: An attorney would probably want to investigate the matter in further detail to advise. In terms of your question about poisoning the well, the theory isn't fully clear (there is a separate concept involving the analogy of poisonous tree, but that is unrelated here, as it relates to disqualifying evidence in criminal matters). If you reach out to Iowa attorneys, it's possible they could advise that this is not something they would handle on a contingency basis. Good luck
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