Is It Ever Appropriate to Sue a Company?

Let's Not Be Irrational! - Carabosse (Shura Baryshnikov) w/Catalabutte (Gianna Gino Di Marco) w/artists from Festival Ballet Providence in Sleeping Beauty - (Photo: A. Cemal Ekin)

I wish legal issues were never the case in this beautiful world of the arts, but, at times, they unfortunately present their ugly face. Working in an underfunded trade where anybody from the truest professionals to the thriftiest amateurs can put together a production can mean that a multitude of issues can present themselves in the process of getting a dance work onstage. While certain issues may arise from the beginning phases through to the performances of a production, luckily most of these items don't require contacting a third party to reconcile disagreements. When is it appropriate to reach out to legal counsel if certain issues or disputes reach a breaking point?

I am lucky that there have only been two issues that have ever pushed me into considering legal representation. The first time this happened was when I was working with a small, fledgling company as an employee and the second time was after choreographing for a larger-scale small-town production that involved a school. What I have found in my 8 years dancing with large-scale, well-funded companies and my 4 years traveling the country working as a freelancer with some lesser funded organizations is that problems are much more apparent in schools and companies with less money or less interaction with the professional dance world.

A handful of the issues that I have encountered throughout my time as a professional dancer and choreographer relate to money. But there is a surprising number of other items that I have either experienced or watched other dancers experience. A general list of issues that I have seen range from not getting paid appropriately (getting paid less, late, never getting paid at all, not receiving compensation for travel, etc.) to withholding dancer rights (workers compensation for employees). I have had my choreography altered against my knowledge, seen dancers per diem withheld, and watched abusive behavior inside the studio. Whether these items arise because of a lack of professional understanding, negligence, or devious behaviors, none of these actions are ever appropriate. Unfortunately, instead of admitting to these errors and working to resolve the situation, those few employers that committed these acts tend to fight a difficult battle instead of admitting to their erroneous ways.

The best way that I can offer up advice is to discuss the two times that I have considered reaching out to legal counsel. The first time was when a company decided to break my employment because I had been injured. When I got hurt, this organization decided to hide that I had a right to use workers compensation to regain my health. When I had to pull out of a program, the director went into a week-long rage against me and, eventually, fired me for what they claimed was a different reason than that they didn't want to finance the healing of one of their employees.

The second time that I encountered a situation that might have led me to speak with an attorney was when a small-town organization violated a choreography contract by adding their own choreography for a public performance into a work that I had already created. After finding my work on Facebook and not recognizing the movement, I reached out to the organization to resolve the situation. Instead of hearing the sincerest of apologies, I received an angry, defensive response naming articles in my contract where they tried to convince me that they could do whatever they wanted with my choreography.

While these were both very different experiences, there were certain similarities in them that differentiated these behaviors from other situations that may have been testy, but wouldn't be worth reaching out to a legal representative. In both situations, my rights were compromised. The first situation was a legal right as an employee, while the second was a violation of a contract. I have found that it is best to reach out as soon as possible to the source in order to work to resolve a situation. In most occurrences, people are reasonable and willing to work with you to maintain a relationship and make sure that all parties are content. But what made these two above situations distinctly different was the stressed and incensed reactions to my attempt to resolve the situation. When an opposing party responds with irrationality, it may be time to reach out for legal advice.

Irrational Puss n' Boots?

It is never a bad thing to reach out to a lawyer to use as a sounding board for extreme issues within the workplace. Being that I am an independent contractor and my partner owns his own business, we hold legal insurance that allows us to get counsel at no additional charge beyond our monthly fee. When stress, money, intellectual property, and/or passion for your work are involved, it can be easy to get lost in an irrational place. Speaking with a lawyer can help you determine whether your emotional reaction to the situation is legally rational or just protective.

After having a conversation with an attorney, the next step is to determine if you want to take the plunge and enter a legal battle to resolve your case. While there may be some situations that necessitate suing an organization, I have found that it usually isn't worth your time to spend the emotional energy that is required to fight for what is right. It is a sad, sad situation, but people in the arts are generally reluctant to go the lengths that it takes to protect themselves from wrongdoing.

The first reason for this is due to poor funding. This works on both sides. Rarely does an organization have the money to fight a legal battle. It is also rare that a dancer or choreographer has the funds to hire an attorney to represent them. Beyond this, the dance world often lets go of minor issues, which is representative of the submissive nature of dance artists. Lastly, the dance world is so closely connected that if a dancer is to sue a company, other employers may fear hiring that dancer out of fear that they will sue their own organization.

Two examples that I am aware of with dancers suing companies involved two friends of mine. The first situation was when a dancer was representing the other dancers of a non-unionized company. When the organization decided to stiff the dancers on per diem from their international travels, this dancer contacted a lawyer and started working to help the dancers collect their contractually agreed travel pay. At the end of that season, the dancer was not reengaged and lost their job.

The second dancer I know who sued a company was put in a position where they were essentially forced to break their contract. They sought counsel to make the company follow through with paying the rest of their contract for that lost season. While I don't remember whether they won or lost that battle, I heard whispers from others in the new company that we were dancing with blaming that dancer for creating that situation. This seemed odd considering none of us were present in that company when things went down.

Challenging times can make one lose faith in the dance world; a place of beauty, perfection, and dreams. While the modernized world has a system for those who have been wronged to fight to protect their rights, the dance world sometimes feels like it exists on another plane. I don't feel that it is appropriate for me to guide anybody towards seeking counsel. Instead, I can provide information to help dancers and choreographers make their own decisions. I have always been an advocate for dancers and choreographers to protect their rights. This would lend me to offering the advice to fight for them. At the same time, there is a great deal of time and emotional energy that must go into legally resolving situations. Consider how important the violation of your rights is to you and the amount of yourself you are willing to put into a legal battle. Also weigh the possible repercussions, fair or not, that you may experience for trying to protect yourself. While this dance world isn't always fair, it is our passion. And sometimes you need to give up a little of yourself to share in this beautiful place.

It is beautiful, isn't it? (A local sculpture in Philadelphia)

How Much Should I Get Paid?

Today, I’m going to discuss a topic that I’ve mostly avoided since starting this blog. It’s not that I’ve avoided talking about money because I’m afraid to share my worth. It is more that money, in this funny dance world, is a very complicated matter that isn’t always affected proportionately by worth and experience. With each experience that we have, our value should grow. But in the dance world, you can be offered to dance in two works of equal value in the same time-frame with the same company with one year in between them and get offered grossly disproportionate sums of money that, in reality, should be a marker representing your true value as an artist. Beyond that, there is always a chance that a dancer will underestimate their worth because they are afraid that they will be turned down for work. For these reasons, salary talk for freelance dancers is a tricky, fickle beast.

Most people would avoid putting their yearly salary out there for the public to see. I don’t feel it would be effective for me to announce my freelancing salary, but I am happy to share that when I left Pacific Northwest Ballet; after 7 years in the corps, collecting unemployment during lay-offs, and working as a union representative, I was making over $60,000 yearly. It was a cushy job that had great benefits and showed a personal investment by the company in my dedication to my workplace. Each year, whether I got bumped up in status (Apprentice, Corps, Senior Corps, Soloist, Principal), I got a seniority raise that loosely represented my accrued value to the company. Once I left PNB and started freelancing, I didn’t really know what to expect when it came to salary.

When I first started taking freelancing work, I would generally accept the financial offering of whomever was willing to hire me. Whether I was getting paid per show or per week, I wasn’t comfortable negotiating my own fees and I didn’t really understand how to properly define my worth. At the start, it was challenging for me to go from making $1,325 per week to being offered $400 per week. I often felt like I was selling out on my true worth. But what it came down to was this. Do I want to work or do I want to sit on my ass looking for work that made me feel like I was being compensated at my appropriate value?

I was lucky that I had my partner talking me through this challenging period. He kept reminding me this, “You built yourself up to the level that you were at with PNB and that took some time. You can’t expect to jump into freelancing and for everybody to treat you just like that. You need to put in the time and effort as a freelancer and build yourself back up from the beginning.” This advice turned out to be quite true.

People don't just hand you things! (Abby Relic & me wasting time backstage during rehearsal at PNB)

My first season dancing in multiple shows of the Nutcracker, I made less than half of what I make at the moment. Where I used to take whatever offers came my way and leave negotiation for my pay out of the equation, now I have a set rate that is generally non-negotiable (whether per week or per show). If my rate can’t be met, then I will pass the gig on to a friend that may need to build up their freelancing portfolio. While it wouldn’t be wise to share my rate publicly, I will note that I feel that after nearly four years of freelancing, I am getting paid somewhere near what I think my value is as a national-level Principal Guest Artist.

As for programs outside of Nutcracker, this is a completely different story. While I definitely do negotiate my rates for weeks of works and performances, it is trickier to determine what is acceptable for my services. My first freelancing jobs were somewhere within the range of $400-$600 per week or $500 per show. Most of the work that I performed ended up being on a weekly rate (which I always try to negotiate in the event of injury. If you get injured during a three-week rehearsal period and are getting paid per performance, then you are not getting any compensation for the work put in). The challenge of this period was that I couldn't afford to pay all of my bills, saving for self-employment taxes, and paying off debt that I had accrued during off periods at that rate. I took the work because there wasn't a great many calls coming in and because I was afraid to negotiate a different wage that might have changed the opinion of the director offering me the gig. During this period, I essentially ate up all of my savings that I had built before leaving my cushy job with PNB.

After a year of freelancing, I started making more sense of my negotiation strategy. When a company would low-ball me for my salary, I would tell them the absolute minimum figure that I had determined I needed to pay my bills, save for taxes, and put a little in savings for time between gigs. I knew it would be easier to negotiate my rate without feeling uncomfortable asking for more if I told the directors that it was the minimum for me to survive month to month. This went over well and showed that I wasn't greedy. The funny thing, though, is that my first job offering with the Colorado Ballet at the young age of 18 was for $500 per week. With nearly ten years of experience, I was traveling around the country begging companies to pay me just a little more than that base salary.

After my second year of freelancing, I started to realize that my work, my blog, and the validation that my product was very good was becoming better known. When work started coming my way, it was very rare for job offers to come in at the lower end of my survival number. Only two non-Nutcracker gigs came my way that were below the level of salary that I was regularly accruing. I finally hit a place where I felt that my value was being appropriately assessed. In the end, the reason that I chose to take those two jobs with a lower salary rate was because I was more interested in the experience than negotiating myself a higher salary. I was interested in working with the companies, directors, and choreographers that were involved in those programs. I also didn't negotiate with them because I was concerned that negotiating would deter them from holding their offer to me for work.

I always wanted to work w/ this lovely lady! Amy Seiwert running rehearsals at Alaska Dance Theatre

One tricky aspect of obtaining work as a freelancer is negotiating mindfully without overstepping the comfort zone of your possible employer. While many directors have a moderate range of flexibility with their financial offers, others have no wiggle room in their budget. Depending on the director and how much they want/need you, you could get what you want or turn them off from working with you. For instance, if you are working for a gig that will include 8 dancers and all of the dancers are being paid the same rate, it will be more difficult to negotiate a higher wage. Yes, maybe you have a bigger resume then them, but is it fair to pay differently if you are all performing the same load of work? There is no right or wrong answer to this, but there are exceptions. Often directors wont be comfortable giving preferential treatment to one dancer over another. Sometimes, it is beneficial to ask if there is any leeway in a company's budget before asking to negotiate. In these instances, you can only be hopeful that the director is being honest instead of tight-pocketed.

In the end, it is up to the dancer to assess their own value. Look at your experience, look at your recent work, and look at your monthly financial needs to determine what is an appropriate amount to seek. If you danced with a small regional company, don't go out looking for over $1000 per week. If you have a bigger name company on your resume with famous roles in well-known ballets, it will be easier for you to negotiate up. Even those dancers sometimes have to build their freelancing portfolio before they can survive off of this kind of work. Know your true worth, and not your ego's worth. And know that your true worth is malleable dependent upon the budget of the people offering you a job. Unfortunately, our arts world doesn't exist on the same plane as the sports or major for-profit worlds work. Don't accept work away from home (b/c if you are home, you can work multiple gigs, teach, etc.) if it doesn't cover all of your monthly bills, travel, and housing. And do your best to be thankful to those employers that offer you work at a rate that is too far below your standards. While you may feel offended by a low-balled offer, they may be in a building phase and trying to get, you, one of the best dancers they know. Take it as a compliment!

Always be gracious - Dancing Romeo w/ Fort Wayne Ballet (Photo: Jeffrey Crane)

The Frightful First Day of Work

During my first few weeks at PNB

Your first day at a new workplace is often a blur. New faces, new practices, and putting your best foot forward are three of many components that overwhelm most people after joining a new company. While there is a great amount of stress to show that an employer was right to choose you for the job, your first 8 hours on the job are rarely representative of what it will be like to work for a company or what you will be like working for that company. There is a lot to expect on the first day and a lot you want to project into your new environment.

I would call myself the king of the first day. Maybe that is reaching a bit far, but I have experienced more first days of work in the past 3 years than most people will experience in a lifetime. Looking back to my very first day with my first full-time company, I really can't tell you much. I joined Houston Ballet in July of 2003. I had spent a few weeks in the city getting my apartment together and adjusting to an adult lifestyle at the ripe age of 19 years old. I had met a few dancers in the company while getting in shape at the school's annual summer program, but didn't really know what to expect once our actual contract had commenced. I had a little taste of first day jitters when I guested with American Ballet Theatre in their Romeo and Juliet tour to the Kennedy Center while I was still training at SAB (fun side note: I was David Hallberg's 2nd cast when he had to go into the role of Benvolio. He was still in the corps.) But the beginning of your time with a company that could become your home is very stressful.

I had imagined day one of my career like this. The night before the start of my dream career finally arrived. I was really excited and a little bit nervous. My ideal night of sleep included about 8 hours of sleep. I showed up to the studio early. I needed to arrive in time to dress in the perfect outfit that I picked out the night before. I warmed up the best that I ever have. I made sure that I respectfully found the best place at barre that was still available. I didn't forget to smile at every dancer that walked by. People like happy beings, right? Class started and I knew I was going to have the best class of my life. You know, that class where even the long-time principal say, "Wow! That guy is incredibly talented!" After class, I was basking in the excitement that surrounded me. The director hired his new star, the company wanted to talk to the new talent, and my ultimate dream had been realized. Then I realized, that my dream day at my dream job is only a dream. A dream I had been building up for the last 2 years of my training.

Just another day on the job at PNB

None of these things happened on my first day, except for these things; I was nervous and excited that night before, but slept poorly. I must have been experiencing way too many adrenal emotions to actually get a good night of sleep. And I did smile at every person that I encountered. Many did not smile back. The reality of my first day at work was that for most of the people in the company, it was only their mundane return from vacation. It was nothing new or exceptional. And for me, now that I have been dancing professionally for 11 years, I don't even remember what happened on that day.

Luckily, at least for my readers, I have had many first days over the past 3 years to remind me what it feels like to leave your first impression on a boss and coworkers. As a freelancer, you will likely have many first days. And while, I am not completely numb to the prospect of showing a new group of people why I am the best person for the job, I am not as concerned about making an absolutely wholesome, perfect impression on day one.

Last week, I flew to San Francisco to begin working with Oakland Ballet. As with most of my freelancing work, I don't audition for the jobs that I am offered. My friend, Amy Seiwert, suggested that the director, Graham Lustig, take me into consideration to work with the project-based company for 6 weeks. Graham had never met me before and had likely never even heard my name. So, not only did I need to represent myself as a dancer, I needed to show for the person that trusted me enough to put their reputation on the line to get me a job. Since I am such a regular at this first day business, I wasn't too worried the night before.

I've been stuck in a bit of a pickle since I arrived in the bay area and I am still in the process of, hopefully, working things out. Housing isn't provided for this gig (the first time and last time I will accept work this way) and the place that I was supposed to stay fell through. A friend with a loft 1-bedroom condo very graciously offered me a place to crash until I resolved my situation. And while an apartment with no separating walls and a 40-minute commute to work wasn't ideal, I didn't really have any other options.

Oakland Ballet's rehearsal space - Malonga Casquelourd Center

On our first day of rehearsals, I woke up early to take the bus downtown to start my first day of work. After checking Googlemaps, I found that a specific bus would get me to the rehearsal space with 15 minutes to spare before class. I arrived at the bus stop five minutes early and went on to wait a half hour for the bus to arrive. Yes, my bus never showed up and I had to wait until the next one arrived. I tried to hail passing cabs and I seriously considered walking the additional 2 1/2 miles to work. While this was, perhaps, my 10th first day of work this season, I still felt awful and embarrassed when I had to text the artistic director that I probably wouldn't make it to class. Luckily, Graham was understanding of my situation. But if this had been one of my first jobs, I may have had a panic attack.

I arrived for class about 5 minutes late, but made it in time to join in two combinations late. My first thought upon running in to continue barre was, "my coworkers probably think horrible things of me right now." But then, I took a step back and thought back to watching others have a first day in companies that I have danced for. I barely noticed anything about those people on the first day. After class, we started rehearsing a new piece by Sonya Delwaide. Her choreography was fun and quirky and after a short hour-long audition, I was selected to be in her piece. Lunch passed and small talk ensued among us dancers. Half of the dancers work together seasonally and remained in a tightly knit group, but the others quietly sat around trying to connect without showing too many of their true colors. Everybody acts overly tentative on days like this. It makes sense. Nobody wants to be overly excited and everybody wants to be liked by everybody. For this reason, people play it safe on day one.

These dancer from Axis Dance Company will be joining Oakland Ballet in Sonya's piece

After lunch, we began rehearsing with Robert Moses. He briefly and briskly taught 32 counts of choreography. Then he told us to change the order of the steps. Following this, we paired up with another dancer, took our newly crafted solos, and turned them into duets. The only thing, for me, was that one of the dancers was missing because she was driving from Colorado after a weekend performing in Denver. I was partnerless. I couldn't learn the choreography of the duet by myself. And because of this handicap, once Robert started creating his piece, I was left out in the cold.

By the end of the day I was emotionally exhausted and a little unhappy. I was in a new time zone, I was sleeping on a couch, and I was commuting nearly an hour to work on a transit system that was unreliable. The first impression of me was being late. I wasn't immediately loved by every dancer in the studio. And one of the choreographers, the one that I was most excited to work with, didn't even seem to know that I existed. This was my first day and it was shitty. I failed in all of the places I had hoped to succeed on my first day with Oakland Ballet. All of this while being the most seasoned at entering a new workplace.

The reason that I share this story is because it really speaks volumes about what to expect on your first day of work and how much it really means in the long run. Yes, you want to do your best. Yes, you want to make your mark. But the first day is usually a whirlwind and it is rarely a representation of what work will be like, how you will get along with people, and what your true growth potential with that organization will be.

It is only one week later and so much has already changed since arriving to dance with Oakland Ballet. While I may still be figuring out my housing situation, I have figured much out and other things have evolved. My commute is no longer an issue. When I was still at my friend's house, I walked an extra 5 minutes to the BART, a much more reliable mode of transportation. I haven't been late since. Many of the dancers have opened up to me. And while I may have bonded to a degree with one or two people on the first day, the people that took longer to break through to seem to be getting closer with me than those who were more immediately. I am still enjoying Sonya's rehearsals and I have become a much more integral part of Robert's piece.

Many other factors have changed in the short week that I have been dancing with this company. If I had a first day like I did last week towards the beginning of my career, I may have had an absolute meltdown trying to cope with the stress of trying to prove myself worthy of the contract offered to me. But after my recent bad first day, I called my husband and shook it off. With the knowledge and experience I have, I knew that the rest of my experience with this company was not going to be based on all of the first impressions I had and made that day. This is because a first day of work is like a first date. Everybody is on their best behavior. Everybody is trying to look and do their best. Once everybody gets comfortable and things start to evolve, things fall into place and you get to see what the experience will truly be like. So, go into your first day as we all do. But don't go home thinking the best or the worst. Be happy that you had this day in the first place and take your first day attitude into everyday from there on.

Don't feel like this after your first day (Clarion Alley in the Mission District)

How have you felt on your first day of work?

Contract Talk - Important Items to Have In Writing

My current contract with Company C Contemporary Ballet

I don't quite understand why, but most dance contracts that don't fall under the union umbrella are often pitifully executed when it comes to protections for dancers and, even, the employer themselves. Perhaps, low funding prevents companies from hiring lawyers to construct appropriate language. Or maybe there aren't enough people on staff to find the time to craft a proper contract. Whatever the reasoning may be, it is important to know what you really need to have written into an agreement as an independent contractor.

Sometimes, it can be an uphill battle getting a potential employer to put everything you need into writing. No matter what, it is important that you remain patient and get everything written in that you require. Without having all of your needs recorded, an organization is not bound to follow through with any requests beyond the provisions stated in the signed contract.

Most dancers haven't had much experience in contract negotiation and don't even realize what is important to them until they find themselves in a predicament. Since I have experience in both negotiating an AGMA contract and many of my own personal contracts, I would like to share specific items that I have found important to maintaining my comfort, a positive attitude, and protecting my body and pocketbook.


- Dancer fee:

You should always have your fee (salary) and the expectations of the roles you will be paid for written into a contract. If a company is performing a triple bill and a dancer is hired to perform in one piece, that needs to be written. If the dancer is being paid a flat-rate for whatever the needs of the company are, that needs to be in writing. I have seen multiple instances where a dancer is brought in to perform one role, then asked to learn another part. More often than not, the fee should be re-negotiated. If the employer says, "Don't worry...I will take care of you," your idea of being taken care of may differ from theirs. To avoid souring the relationship and maintaining respect, get the new rate in a new contract.

- Accommodations, Transportation, and Per Diem:

These items are an absolute necessity. Are you staying in a hotel or with a host family? If you are staying with a host, will you have your own room and bathroom? Are you being flown in? Will you be given a rental car to get around? Will you be responsible for gas? What about meal money? All of these items are pertinent to have in an agreement. Most of the time these things are taken care of without question. But if something goes wrong, you need to know that the company will find a reasonable fix. (Keep in mind that a dancer's culture and idea of appropriate may be different from the one they are being brought into.)

If you were supposed to stay with a host family and that falls through, a motel down the street from a strip joint isn't a reasonable replacement. I know a dancer that had to sleep on an air mattress in a common area of a house after the company lost their hotel sponsorship. Most companies forget that part of transporting an artist on-site is paying for their luggage. A dancer could bring only a carry-on if they didn't have to pack all of their dance clothes. It is the company's responsibility to pay for baggage (within reason). To ensure this is covered, put it in writing. If a dancer is housed far from the studios and given a rental car, should they have to pay for the gas to and from work? Again, know what you are getting yourself into.

- Rehearsal Schedules:

I have danced with many, many companies. And let me tell you, every company has a different idea of what constitutes a rehearsal week. Some companies only have one day off per week. Other companies change the schedule at the drop of a hat. At times, I have had 3 hours of rehearsal a day. While some organizations have had 8 hours of work daily. If you feel it is unreasonable to work 9 days in a row, make sure you have the work schedule written into the contract. Generally, I think that 2 days off a week (during rehearsal weeks) and 6 hours a day (not including warmup) is reasonable. Just make sure that a lunch break is afforded and that there is limited flexibility.

For some reason, directors tend to think that their stress and panic is more important than a dancer's ability to rest their hard-working bodies. I have experienced a panicked director adding an extra day of rehearsal or skipping lunch with little notice. If a schedule is put in the contract, the dancer has more control to say yes or no if asked to go beyond a reasonable work schedule.

- Non-dance expectations:

A few years ago, I was dancing at a Nutcracker gig in the middle of my season and performing an exhaustive 6 shows as Cavalier in one weekend. I was approached during the intermission of the first show by the director with a request. "We usually have the leads do a meet-and-greet after each show." I was already exhausted from performing the week before, traveled on my only day off, and performed in 2 dress rehearsals. The director was essentially asking me to add six more tasks to my workload. The next day I was, again, approached during intermission to come to a gala dinner event that same night. While it was their expectation of me to complete these job tasks, I wasn't made aware of these items.

Be sure to ask if there are any events, non-theatre performances, open rehearsals, etc. that will be expected of you. I always say that a dancer is much less likely to be a happy dancer if they are caught off guard with situations that they don't have any say in.

Also, if you are given a rental car, be sure that you you understand your responsibilities. I have been expected to transport other dancers during my time on-site.

- Footage and Photographs:

One of my favorite thing about being a freelance dancer is the access I have to performance footage and photographs. Few jobs that I have taken maintain copyrights on choreography and most have somebody taking photographs. During my 7 years at Pacific Northwest Ballet, I was rarely captured in any stunning photographs and had specific limitations to the footage I could access. In my nearly 3 years of freelancing, I have received an exponentially greater record of my dance career. To ensure that you receive copies of performances, get it in writing.

- Injury:

I struggle with getting this one into a contract. Being a dancer, I will knock-on-wood the moment the word is spoken. Nonetheless, it is important to have a backup plan in writing. While this is more important to the employer than the dancer, it can still benefit the dancer greatly. Different ideas are how a replacement will be found and how much a dancer will be compensated for the work already completed.

- Partner:

If you will be dancing with a partner, especially if you are male, it is important to know that you will be dancing with a partner that is a reasonable size for you (height and weight). A man that is 5' 8'' should not be expected to partner a woman that is 5' 9''. This is unlikely to be written directly into a contract (though it can be), but a conversation should definitely be had about this subject (in writing via email for your records).

While I love dancing w/Lindsi Dec (freshly minted PNB Principal), we're the same height

- Extras:

Additional items you may want to have written into a contract may include comp tickets, teaching company class or in the school, expectations of taking company warm up, company logo wear, gym memberships, yoga classes, physical therapy, and anything else that may be a reasonable request. 

Working alongside Nora Heiber, AGMA National Dance Executive, negotiating Pacific Northwest Ballet's contract

While most dancers hope that each of their gigs go off without a hitch, that is not always the case. More often than not, everybody leaves after a performance feeling pleased with the end result. But even in the best situations, small details can derail a very positive experience. Be sure to protect yourself, whether you are a dancer or an employer. The first job an employer has is to put a production onstage. In our world of art, where financial struggle is common, unfortunately, dancers are often the first to suffer when money gets tight. When putting on a production gets stressful, a director's first thoughts may not be about a dancer's needs and health. Lastly, while you may make a request that you would like to have in writing, it doesn't always show up in the final document. Be sure to read your contract completely to ensure that everything you discussed is in writing.

Is there anything that I missed that you feel is important to get in writing?

HIRE ME!!!! - Desperation vs. Patience

Performing Scales of Vertigo by Connor w/ Rachel Kantra Beal (Photo: Bill Hebert)

Dancers experience their market much like retailers do. Business booms during the holidays and then crashes to a halt after the new year begins. While many dancers can save up some money during Nutcracker season to get them through the month of January, by the middle of the month, if work isn't picking up, one might start to feel desperate as their savings run out. After contacting an employer to let them know that you are available for work, you may not hear from them for days, weeks, or at all. When does patience benefit you and when do you have to give in to desperation to ensure that you can continue to pay your bills?

After moving from a company with a 40-week contract to one with a 22-week contract to having no long term contracts, I have had my fair share of desperate moments. I have a little calendar on my website that lets people know when and where I am working (mostly in case someone wants to attend my performances, but also for employers to see my availability).  At times, that calendar will say "No shows booked at the moment." This means that I am either free to work or have been too busy to update that page. More often than not, though, it denotes that I don't have any contracts signed, which also means that I have very little income coming in. Teaching twice a week, picking up sub work, and teaching master classes is not enough for me to pay my bills. After a period of time without any prospects, I may start to feel a little panicky.

Often, when I feel panic starting to set in, I go into overdrive looking for work. For instance, this past week, I sent out 27 emails checking in with companies. Out of those 27 emails, less than one-fifth of those organizations returned my message. And a majority of those emails stated that the companies don't typically use freelance dancers. Then, out of nowhere, one potential job becomes available. But the time between contact takes a bit longer than my current comfort level. Maybe it took a normal amount of time, but, feeling panicked about how I am going to make rent for March, I start to feel like the employer isn't interested. Or maybe they are interested, but something is wrong with my email account (which has happened before). Or maybe I waited too long in my response and the employer got a bad taste in their mouth. Or maybe...or maybe... or maybe....I'm starting to feel a little desperate.

There will be times that freelance artists feel that nothing is ever going to formulate in terms of employment. This is a hazard of the trade. One must always push to get work, while having a backup plan in case nothing appears. The point here is that we all need to be practical. The moment that we start to lose our ability to be practical, we start to panic, lose our patience, become desperate, and possibly make poor decisions.

When independent contractors become desperate, their poor choices can take on a variety of faces. Perhaps, a dancer may focus too much on finding work and forget to keep in shape, so they aren't prepared when work comes along. At other times, someone may check out completely and ignore what they have to do because it is simply too much pressure. It is also common for people to start looking for work well below their skill set and salary needs. Not only does this act of desperation devalue the artist, but it also takes more time to make a smaller amount of income. Then, when a proper job becomes available, you may already be working. Or you may respond too aggressively or come off too overexcited and turn off the person with whom you are in contact. There are many things that people do in these moments of fear.

It is important to keep a level head when work is coming in at a glacial pace. Patience is the key that will get one through these cool periods. While it may not be easy to feel patient, it is always important to act patient. One may feel that they need to take a job the moment that it appears. But, now more than ever, it is pertinent to take some time to do some research on the job that you have been offered. Look at their website. If they have a Youtube presence, watch a few videos. Ask a few questions before offering a "Yes! I am AVAILABLE!!!!! HIRE ME!" While you may be feeling this on the inside, you still need to make sure that the work you are accepting is legitimate. In the worst case scenarios, you could even find yourself fighting to get paid without having done proper research and assessment. Patience is the virtue that will keep you on track. It is your ability to assess. Beyond all of this, it will keep you sane, level-headed, and happier with your choices.

While patience is extremely important when seeking and accepting work, becoming too patient can also work against you. Leaving too much time between contact can lose a job opportunity for you. Not all employers will send you a message that asks if you are still interested. If they have a deadline to meet and they feel that you may not accept an offer, they may find another dancer without letting you know that they are doing so. Patience is a two-way street. I find it best to offer a time frame when giving yourself a cushion to make a decision. For instance, this past week, I was offered work for a month between April and May. I am waiting to have a conversation with another employer and don't want to make any decisions until that happens. When speaking to the director of the April-May job, I mentioned that I needed to check on a few things and that I would get back to them by Tuesday. This way, the director doesn't feel that I am going to take my time only to say no. But if they don't hear from me by Tuesday, they can choose to call me to check in or start looking for another possibility.

It is also important not to be so overly patient that you hold off on something that really excites you. I tend to be the type that wants to make sure that every aspect of a job is going to be perfect. I've also been in situations where there is a very small chance of a very unlikely prospect coming my way, but I don't want to commit to something unless I know that the potential opportunity is 100% not happening. Holding off is not wholly bad. But, for some reason, the dance world operates more along the lines of "I really want to work for you," instead of "I am more than worth you waiting for me." Be patient, but don't completely lack desperation.

Find balance in your business practices (Photo: Brian Mengini)

In the end, like most things, it is most important to find a good balance of patience and desperation. Desperation is here to make sure that we don't find ourselves without a rent check. While patience is around to make sure that you don't react on a whim and find yourself in a bad situation. It can become difficult to recognize when each is benefiting you or pulling you away from reaching your goals. I have learned that it is always best to give a moment before reacting to any offers, as my initial reaction is usually just that. A reaction. After the initial excitement or exposure of red flags is complete, it is an easier decision that you can feel more comfortable about making in the end.

How do you handle your own moments of desperation?

Why artists are expected to have little self-value?

I have been taking a hiatus from all forms of social media for the past week. Riding on the sweet success of Life of a Freelance Dancer accruing 25,000 views, I felt that it was time to take a week away from marketing myself as a product and to sit back, relax, and assess where I am going in this career. My first week without any form of social media in my daily life since 2004 has taught me a lot and given me a fresh new perspective on my intentions and actions, which I am grateful for at this time in my life. In less than a week, I leave for Los Angeles to rehearse for and perform in the launch of Barak Ballet. And in less than two weeks, I turn 30 years old. As I grow older, I grow wiser and my dancing has more value. But what I've also learned over the past week is that certain parts of the dance world don't agree with this.

(I would like to start this post with a disclaimer. This writing has some delicate moments and harsh realities that could be seen in the wrong light. I have no intentions of harm or dischord in publishing this, but I feel that this is a sensitive topic that needs to be discussed.)

Guesting w/Ballet Nova for Nutcracker (Photo: Ruth Judson)

Tis the season for Nutcracker to start calling. I have had a handful of offers through friends and employers that found me through my website. While I always appreciate being contacted to perform, I can't take every offer that comes my way. Sometimes, I am already booked during a period that my services are requested. At other times, an offer may not be substantial enough for the work that I need to put in. While I am passionate about what I do, this is how I make my living and I need to be picky about choosing the best option for myself, artistically and financially.

Last week, I was blown away by a situation that I found myself in. I had been contacted with a request to perform in a school's Nutcracker. While their offer was very generous, their consideration of what constituted a paid performance was not cohesive with mine. In typical fashion, when an offer is not agreeable for me, I either counter-offer or gracefully step out of the negotiation. On this occasion, I felt we could work something out and decided to counter-offer. Instead of receiving a response of agreement, negotiation, or decline, I was sent a scathing four paragraph email that badgered me, tore apart my resume, and tried to devalue my worth. This was all from somebody I had never met and that had never seen me dance. To be completely honest, I was so shocked I couldn't even be upset. Instead of reacting to this difficult response, I ingested the content as a learning experience and replied with a brief note thanking them for taking me into consideration and suggested that they move on to their other options.

While I didn't take this unprovoked attack as a truth, I did gain a lot of insight from my many days of processing this unnecessary response. As a dancer, you are expected to be open, available, and humble. While you are expected to respect the process and the system, that process and system does not have to respect you. I've learned during my 11 years as a professional that while there are human emotions involved in the interactions that take place in the creation of a performance, that in the end, the production takes full precedent over any situation that may involve emotion. Casting, injury, life events, arguments, money, and more. In the end, nothing matters except that the best product be put forth onstage.

When I was in my final year of training at the School of American Ballet, I very clearly remember ingesting one of the most shocking statements made by one of my most respected teachers. "Ok. So you're grandma died this morning. But that person sitting in the audience paid $200 for their ticket. They don't care how you are feeling inside. They want to see a good performance." As difficult as this was to hear, it was true. I've seen this exact scenario play out. I've experienced this scenario myself. Most dancers that have made it to a professional level understand how this system works. And along with all of the other difficulties dancers face, they still put on a good show.

Now, this is where things get complicated. When a dancer works for a company, they only have to deal with production aspects of putting on a show. As a freelancer, there is a bit of work that needs to take place before both parties get to move on to the production stage of dance. Negotiations take place, which can be as simple as an accepted offer or a fine-tuning of details. While some employers understand that the art of negotiating is impartial, others can feel it is an attack on an organization's character. In these situations, where you determine pay, terms of your stay, your workload, and more, certain emotions can be brought forth that have nothing to do with a negotiation. And more often than not, these feelings come from a place that we all started. Our training.

I have discussed this before, but it is important to reiterate it again. Dancers are taught from a young age to be submissive. They are taught that they are expendable and that there are hundreds of other dancers that want their job. For this reason, a majority of the dance world feels that one should be grateful for any job opportunity that arises. It is common for a company to feel that it is a privilege to work with them, less so an accomplishment of one's hard work. But when a dancer leaves the submissive role and tries to stick up for their value or rights, they are suddenly egotistical, hard to work with, and a diva. A prime example of this would be when I worked for an employer that loved me dearly and that I loved dearly as well. While we had a mutual respect for each other, there were often jokes that I was a diva when I would bring up situations that were not commonplace in most of the companies I have danced for. While we were able to laugh at this, I was still gently nudged that I was breaking "dance code" for speaking up for things like not having a break for nearly two hours.

As freelancers, we have to take care of ourselves. If we get hurt on the job, we don't have the privilege of having worker's compensation pay our salary and provide our medical care. If we don't negotiate a comfortable living environment at a home-stay, we have to sit tight or uncomfortably complain to try to find a more agreeable resolution. If we don't negotiate a respectable salary, we can't pay our bills. But it is not uncommon for dancers to be made an offer and expected to accept with full appreciation that they were even given an opportunity to dance. This needs to change.

One of my audition shots - circa 2002 (Photo: Roe O'Connor)

When I was 18 years old, I was offered a contract in the corps of Colorado Ballet. My starting salary was $500 per week. By the time I left Pacific Northwest Ballet, my salary was well into four figures per week. The company I left PNB for offered me nearly one third of what I had been making out northwest and I graciously accepted without negotiation. I began freelancing while dancing with that company. During this time I realized that not only could I barely sustain myself on that salary while I was working, but I couldn't save any money to sustain myself when I wasn't working. And now that I am freelancing full-time, aside from Nutcracker season, most of the work that I am offered usually pays at or below the offer I was made for my very first job. Eleven years after starting my career, I am performing at a higher level than I did at 18 years old and I am, at times, forced to feel ashamed for trying to ask for a livable wage. It is not a matter of asking whether or not this is fair. It is more a matter of asking when those that were once in this position and moved up to leadership roles will respect and appreciate what dancers go through in this career and that their survivability should come before their production.

I am not writing this post to call anybody out and there are some employers that I have worked for that have been greatly generous in their efforts to support me and the other artists that they employ. I think it is important to raise awareness that artists and their value are often abused by the ideals that are imposed by their very training. While some of the ideals that are taught as a student are necessary to create beautiful artists in the most difficult of fields, these ideals need not to be imposed upon fully-grown artists that have worked years to develop and perfect their craft. An artist's value should not be taken lightly. Be grateful when offered work, but don't accept work that is not grateful back. Take a job where you will grow or find value in raising the level of a production, but don't let somebody tell you that your experience doesn't qualify you to respect yourself. Dance as if nobody is watching, but don't dance if nobody wants to foot the bill. While you can't control who is going to value you and your work, the best one can do in their career is to do exactly that for themselves.

(This post is dedicated to James Fayette, former New York City Ballet Principal and current New York area dance executive for AGMA, who was recently injured in a senseless attack in Riverside Park in Manhattan this past week (article). James and I worked together when I was a union rep at PNB. He taught me a great amount of what I know about fighting for dancer's rights. LOFD wishes him a speedy recovery) 

The Best Advice I've Gotten (Life of a Freelance Dancer turns 1 year old)

 Giving a speech (Photo: Lindsay Thomas)

I am very excited to say that Life of a Freelance Dancer celebrated it's first birthday last Tuesday. In one short year, this blog has been viewed over 14,000 times by viewers on all 6 continents (Does Antarctica even count?). We have written over 52 posts with guest bloggers from multiple dance scenes on all topics pertaining to this career style. We have been shared by multiple other bloggers, partnered with a website design company that makes sites specifically for dancers, and threw an event for freelancers in New York City (stay tuned for another). Not only that, "LOFD" was named a finalist in Dance Advantage's top dance blog contest.  Cheers to a great kick off year and to many more to come!

In honor of "LOFD's" first year of life, I have decided to list some of the best advice that I have received and given over the past year. I have had many great, odd, challenging, and rewarding experiences during my first year of full-time freelancing and I have, surely, learned a lot. I couldn't have made it through without the support of my partner, mentors, colleagues, friends, and family (and because I didn't ask if I could share any of these gems, I will not be listing those who gave me this advice). Enjoy!

- "Trust you instincts."

- "Make a list of choreographers you want to work with and contact them."

- "Market yourself unabashedly, but don't be that person who puts a card in everyone's hand at the start of every conversation."

- "Do be gracious towards your employers. They chose to hire you over many other dancers. Whether it be an honest verbal thank you, a short note, or a follow-up email, let your employer know that you are appreciative and what you will take away/remember from your time working with the company."

- "Your value as a dancer is not based on what you are dancing at a particular moment. It's the sum of your whole career."

- "Don't try to clean up other people's messes. Give support if they ask for assistance, but let them clean up for themselves."

- "There is no timeline to a dance career."

- "Create pathways. If you create multiple pathways, one is sure to take. If you only make one, if it doesn't work out, you have nowhere to go."

-"Don't let those that haven't been in your shoes make you feel like you are less than you're worth." "One can't understand what it is like to play in the big leagues when they are only in the minors."

-"If dancing is something you are truly passionate about, be sure to make that apparent in your work ethic and artistry. People will notice." 

-"Acknowledge the problem, find a workable solution, take care of yourself, and don't internalize the problem."

 - "If you are offering your services for nothing or close to that, you are lowering your value as a commodity."

- "In classical ballet, you are expected to strive for perfect technique in your performance (among other things). In contemporary dance, you are expected to be moving."

- "I do what I need to. I help out when I can. And I don't make a big deal out of either."

-  "If you need something, you have to ask for it."

- "Find a way to be more compelling."

- "Take breaks from work."

- "Just because somebody hired you doesn't mean that you are a slave to their every wish."

- "Repeated thoughts create wiring in the brain. Once you have created that wired connection, it is hard to break the pattern of thought."

- "When a situation does get bad, I think the pressure valve will be empathy.

You can't submit. But you just might be able to understand."

- "Do smile and laugh. This may seem super shallow, but employers are drawn to dancers that are happy. The more you smile and laugh, the more likely an employer will enjoy your presence. Try to do this genuinely."

- Lastly...from my mom. Not necessarily advice, but a motherly push at the end of some advice. Mom: "You're famous." Me: "No, I'm not." Mom: "You are to me."

Elizel Long & me in Amy Seiwert's "Monuments" (Photo: Gutierrez Photography)

Things I've learned while freelancing thus far

I'm in a weird mood today and have really been itching to get some content out for my readers. Per my odd mood, instead of writing a regular run-of-the-mill blog, I am going to change it up and serve you with a BList, or Blog List (aren't I ingenious?). Today, I offer you a list of things I've learned while freelancing thus far. Ya know, since I still have so much more to learn and experience. Enjoy!

- Since I don't dance for any company full-time, I don't have the option of company class every morning. If I don't take class every day of the week, I am not going to get out of shape, lose all of the technique I've been working on since I was 2, or get fat.

- If I don't take class multiple times a week, I will get out of shape, find certain areas of my technique are faltering, lose strength, and possibly get fat.

- Just because you are offered to travel somewhere exotic, doesn't mean it is a great offer. For instance, I was offered to go to Hawaii to perform Nutcracker. I would fly the day before the shows and go straight from the airport to rehearsal. And I would fly out the day after the shows. Nothing like a half-day of travel into rehearsal, 6 shows, and then another half-day of travel without getting the glory of seeing this paradise.

- Sometimes it seems you are approaching an agreement with an employer. This doesn't mean you should get excited. It is not uncommon for all communication to suddenly cease and to never hear from said employer ever again.

- Getting to travel to dance around the world is exciting and really cool. Most people you interact with will think it is the most glorious thing ever. Though, sometimes you just want to sleep in your own bed, pet your cats, and spend time with your partner/lover/close friends/family/etc.

- It doesn't matter how small or under the radar most companies are, there are amazing dancers EVERYWHERE! Not just in the largest companies that receive the most press.

- Nobody should EVER be placed with a host family that doesn't have wireless internet. Just saying.

- Usually, at least half of the people that take advanced open classes probably belong in beginner open classes. Also, they have absolutely no spatial awareness. This can present a challenge when you are trying to keep in shape and challenge yourself as your own teacher.

- NEVER negotiate via skype or phone. Get it in writing (usually via email). Also, don't be afraid to make requests that you may feel are out of reach. If they are and the employer is in this negotiation in good faith, they will compromise or explain why they can't agree to certain terms.

10 degrees in Anchorage - I left coat in car to go clubbing

- Alaska isn't a scary place.  (I will be returning to dance with Alaska Dance Theatre for their Winter season this January - April).

- Leaving for a gig that is more than a month is a great reason to throw a party! Which means you get multiple going away parties a year!

-  It is alright if I take a contemporary class for my warm-up/technique class. I won't lose my ballet technique by supplementing other styles and I will expand my reach as an artist.

- Some people will ask you to do things for free. But others will compensate you like a rockstar. Show your appreciation when due. And be prepared to perform like said rockstar!

- You will have better access to footage/pictures of your career than you would ever have dancing for a unionized company.

- If you need something, you have to ask for it.

- New York is the easiest and hardest place to freelance. There are more gigs per capita, which are easily accessible, but most freelancers can't afford to live comfortably on dancing itself in Manhattan, let alone any other safe neighborhood in a different borough

- Some gigs will be horribly unprofessional. Try your best to complete your duties, but don't forget to respect and protect yourself. If you feel like conditions are unsafe, speak up. If you are not getting paid on time/correctly, make the employer very aware that this practice is not acceptable. Be sure to document all of these activities to protect yourself.

- Integrity is everything.

- The internet is your best friend. Along with Google. Go on the search engine, think of a place you want to visit, add the word ballet at the end, and unabashedly email. (I want to visit Atlanta and I love to dance. Google: Atlanta Ballet. Obviously, you will get Atlanta Ballet, but keep searching. Then, email these companies that you are available for work. Before you know it, you could be traveling to Atlanta to work).

- One of the most important tools of the trade are your freelancing friends. Not only can these friends pass work along to you if they are unavailable, but they know exactly what it is like to be a freelance dancer. Nothing beats the support and advice of a friend that has been through exactly what you may be going through.

- Most professional dancers are the same around the world. Amazingly talented and slightly insecure. No matter the front they put up, they really just want to be accepted. Also, nearly all pros really know how to have a good time.