Poaching music students
July 29, 2015 | 40,00 EUR | answered by Stefan Steininger
I have recently started working at a music school. Now I have given a trial lesson to a potential customer for the music school. There is no signed contract between this potential customer and the music school. For various reasons, this customer has asked me if I can teach him outside of the music school. My question is: does this count as poaching students? (Because there is no enrollment in the music school) By the way, I am allowed (from a contractual point of view) to 'work for other clients or an employer'. Best regards!
Dear inquirer,
According to the contract, competition activities and poaching (including private lessons) are prohibited.
The question then arises, to what extent does this apply.
I believe that such clauses will also need to be extended to the relationship with the student in the initial stage.
Since you apparently have not taken any action to bind the student to you and the reasons lie within the school, one can certainly argue that your actions are permissible. In any case, the contractual rules are not being violated.
The question will be how the music school reacts and what consequences they draw. It is possible that they may then permissibly not assign any new assignments to you.
From this perspective, one should assess their own position.
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