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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, I am not sure that this is strictly an employment

Resolved Question:

there, I am not sure that this is strictly an employment law question but can't find another category. My friend is a yoga teacher and has currently run a teacher training here is London 'in partnership' with a London yoga studio. No contract was ever signed and they now want to get more money from her than she made from the whole event (money which they hold as they took the bookings). They are charging her hourly rent hour she used the studio (£35-40/ hour which is already steep) but are also expecting to take 50% of the 'box office' bookings. To my mind, this is not fair - if they are renting the venue, she has let it and the proceeds are hers (maybe they should take a booking fee made through their system, but no more). Similarly, if they expect 50% of the takings, they need to proved the venue , surely? Can you offer me any advice as she is really desperate, she has put in a huge amount of effort months and then to be out of pocket is more than dispiriting - thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
my name is ***** ***** I will help you with this.
please let me know whether any term such as rent or box office were ever discussed in email?
Customer: replied 2 years ago.

my friend put the following in an email (and then there were subsequent emails once the 'battle began' of the studio stating what was owed etc:













We didn’t manage to get together to finalise a budget, or sign a contract. I remember saying that I needed to make money from this TT and that I wasn’t prepared to go ahead unless there were 6 people confirmed. We did get 6 however this means that finances are a break-even point.

If I remember correctly your terms were £40 /hour and £35/hour , and 50% box office revenues from the Yoga Workshops. I commented that this was too high. Studios usually take either venue hire or box office revenues, but not both (on the weekends when Workshops were scheduled).

I also expressed concern over the increase in venue hire from £25/hr in 2014 to £35 hour in 2015, despite not having access to the main studio, minimal props, and limited AV access. I also mentioned a daily rate, instead of the hourly rate a length of time.












Expert:  Ash replied 2 years ago.
Ok, but no rate was agreed before the deal was agreed?
Customer: replied 2 years ago.

I think terms were floated (but not in an email), I believe and it was all going to depend on numbers signing up.

Thanks Alex

Expert:  Ash replied 2 years ago.
Ok, so the event has happened?
So how was it left when they agreed to let her do the event?
Customer: replied 2 years ago.

the event has happened over a period of three months! It was left that they would meet again to discuss but that discussion didn't happen and they are now demanding more money, in addition to keeping that which they have already collected....

thanks Chris

Expert:  Ash replied 2 years ago.
Ok. So when they agreed to the deal, no terms were discussed or formalised at that time?
Customer: replied 2 years ago.
That's right
Expert:  Ash replied 2 years ago.
Ok, then your friend doesn't need to pay. If nothing was agreed then she can pay what she feels. They can't force her to pay any more.
The worst they can do is issue a small claim. But they need to prove that things were agreed before the deal was done. Therefore any claim will fail.
Can I clarify anything about this today please?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.
Alex
Thanks. Sorry I am happy to go ahead and rate but also, it is not so much about her paying more (glad she wouldn't have to) but more that they are keeping back all the money (as they took the bookings). Can anything be done? Thanks
Expert:  Ash replied 2 years ago.
She could sue of contract to seek payment monies.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.
Sorry but how would this work without a contract? Thanks
Expert:  Ash replied 2 years ago.
Contrcts can be ora, implied by conduct or written
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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