THE BUSINESS OF DANCE - LEGAL

alexandra925
22 hours ago
4 min read

by Alexandra King

Legal requirements for professional dance instructors.

It is no secret that the American dance world is ethnocentric and does not recognize any style of dance that is not from either the American and European worlds. Examples: ballet, contemporary, hip-hop, jazz and tap are mainstream and so these dancers get jobs in academia and funding from foundations. Everything else is fringe and does not get the support that mainstream dance gets. Bottom line, American dance is about as diversified, inclusive and equitable as the KKK. So while we may not be recognized by the mainstream world as dance art, we are still considered a business by the government and so are subject to following the legal parameters, like any other dance style done professionally. It is kind of like taxation, without recognition.

Middle Eastern dancers - like flamenco dancers, Hawaiian dancers or Indian dancers, generally teach at home(s), online, at parks or they sublet studio space. They are usually entrepreneurs who often work for themselves, by themselves so they are registered as sole proprietors and as such, need to know a few things that make them "legal".

DBA: The first thing to do when setting up a business is get a DBA's: DBA is an acronym which means "Doing Business As". It is also know as a "Fictitious Business Name" or a "Trade Name". When filing within a city, (not state) for a business license one fills out a DBA form and pays a fee, (usually between $10-$100 in California) to list ones business name in a database of local businesses. This gives you the right to use the name chosen, and it allows the government to tax you - if you are "for Profit". A "for-profit" business entity it makes a profit, versus a "non-profit" business entity that does not and so is not taxed. This is important because one pays taxes on profits only. To set up a business as a non-profit is complicated and expensive.
TAXES: Taxes are a part of any business. Uncle Sam wants his cut from the profits of your business! If you as a sole proprietor, then you and your business are the same - legally and financially, and the threshold of what income is needed in order to have to pay taxes varies from individual-to-individual. In other words, whether you pay taxes or not depends on how much you make after expenses. This is known as Net Income. Net income is the G.I. or gross income, minus expenses.
BUSINESS ENTITY: If a dancer is a sole proprietor, then they are the same as the business. To protect themselves and their families from litigation, solo proprietors might decide to form a corporation instead of sole proprietor. A corporation protects the business owner and his/her family from litigation. The two most common corporations used by dancers are either an LLC or an S Corp. Forming a corporation is expensive and complicated and usually one needs to be earning a healthy amount of money in order to justify this. Ask a legal advisor about this option.

WAIVERS: A Waiver is a legal document signed by another to protect someone/a business from litigation.. Dance Studios usually require mobile instructors to have insurance and will often expect the instructor to name the studio in their policy to protect the studio specifically. Additionally, studios will ask all students to sign a waiver exempting the studio from litigation, should the student be harmed while training. To be sure of your own rights and risks, please go to an attorney for advice or legal counsel. Below is an example of a waiver:

(STUDIO NAME HERE)

Class Registration and Release, Indemnity and Assumption of Risk

Name___________________________________________________Address______________________________________

________________________________________________________

Day Phone________________Evening Phone__________________ Email_____________________________________________

(Please circle preferred method of contacting you).

RELEASE OF LIABILITY

By signing this paragraph, I agree to participate in a belly dance class(es) held at the following location(s):___________ Any other locations, temporary or permanent where a class(es) is held._______________________________________________.

I certify that I am physically fit to engage in this activity. I hold Alexandra King, any guest/substitute instructors/volunteers and the___________________, harmless from my own actions that may cause damage or injury to a third party. I further agree to release, indemnify and hold harmless Alexandra King, any guest/substitute instructors/volunteers and the________________ harmless from any and all damages, liabilities, losses incurred to me while attending and going to and from class(es).

I have read, fully understand, and agree to the terms and conditions contained in this Release, Indemnity and Assumption of Risk form and by placing my signature on it, shall bind myself, my heirs, executors and administrators.

Signature_________________________________

Date_____________________________________

4. INSURANCE

The two types of insurance a dancer must carry are personal health (one way or the other) and, if you own a studio, liability insurance. Liability insurance protects an instructor or studio from suits brought against oneself, ones business and/or family and associates. It is essential that one have a trusted and competent insurance agent to consult with and who will get you the best policy at the best rates relevant to your business and within your city codes and laws.