Thursday, May 20, 2010

three emails, that explain my funk

(first some history) the salon I bought two years ago has existed as a cosmetology salon for 17 years, I have worked here twice, and now have owned it for two years. The nail salon moved in while our salon was operating, AND providing nail services. The salon was sold to me and had a nail tech working at the time of the sale, (with no complaints from (XXX). That is no longer the case.
first email....
joanne,

Your current lease will expire at the end of this month.  In order for us to renew it (or give you a new lease) you must cease offering nail services.  We have asked you to not advertise and only serve your current clients, but when we have a long-standing tenant who has customers that are telling her that you are offering services and advertising them at a lower cost than what she offers -- we can NOT allow that to continue.  If the situation was reversed, we would treat you with the same respect.  On numerous occasions we have been told that you aren't doing these things, but we have seen evidence to the contrary.  I'm sure that you would not appreciate it if we allowed another tenant to start offering hair services for less than what you charge, and that is why we must INSIST that you stop offering the nail services, or we will be forced to serve you with a non-renewal of lease notice.
MY RESPONSE....
   I have tried to do the best I can, I have (or thought I had) complied with whatever had been requested of me. I Would like a chance to sit down with you, and work this out. I do not know what advertising you are speaking of, after our last talk, I raised the prices, and I have NOT advertised , at all, anywhere,or enticed any one of XXXs clients. I would like a chance to defend myself against whatever accusations are being voiced. I am a member of the Southside Business Association, and have only tried to enhance the business environment in this neighborhood. If the mansard sign is the issue I will climb on the roof and paint it, as I cannot afford a new lens, and I did NOT put that up there to begin with,(former owner) did, as well as the signage on the window that read, "hair, nails, facials, waxing" all of which I scraped off the window the day I paid (him).
XXX and I had a working relationship until I bought the salon, and she has not spoken to me since the day she called, to ask you to restrict my ability to earn a living.That was the very day I bought the salon, right after she patted me on the back and wished me well. 
   I have a 14,000 note on my business, and I have only been able to reduce it to 12,000 in the past two years. I am not trying to hurt anyone, and I am not doing much more than surviving, either.XXX and I could still have a working relationship, I have never been opposed to that.   Again, I express the fact that this salon has always offered nail services, even before (SHE) moved in, and was free to offer nail services (even advertised on the window, by RoseMarie) when I bought the salon.  Hair Harbor 2 offered nail services, which I provided along with another employee, Terry, when (also previous owner) owned this place. 
  Also, I ask again, that you consider the multitude of services offered at xxx'S nail salon; Spray tan, UV tan, facials, body treatments,body waxing, dermabrasion, permanent makeup, led light rejuvenation , weight management, steam room, exercise machine, teeth whitening, and more, all listed on her window.
  I am willing to work out an arrangement, and I have done my best to comply. I only ask you for a chance to sit face to face and  resolve this without putting me out of business. The only reason I wish to remain in this plaza is the friends I have here, Denise, Dr (chiro), the "photo guys" the "pizza guys", and the insurance office. I feel connected here, and I have sunk my investment here. 
Next email...
Joanne,

Yes, I received your email. He is out of town, so it will have to wait until he returns.  As far as other salons offering services in the past, when we agreed to rent to you, we MADE IT CLEAR that we did not want you performing nail services!!  Dennis had the same thing in his lease.  We reluctantly agreed that Theresa could serve her current clients, but that we weren't ok for you to solicit business outside your normal clients.  Over the past two years you have done as you wanted, not as we requested.  You have hired nail techs, when it was specifically prohibited in the lease.  We are not kicking you out, you may provide hair services, but you may not continue to offer nail services at prices lower than XXX nail salon
When he returns, we can meet with you, but we will not change our position.  I am not sure when he will be back, but will email you after he returns, it will probably be 7-10 days.
 MY RESPONSE...


I would like you ask you to think about an option I hope will work. If I agree to stop taking in people off the street, "walk ins" and change the format of our salon to a membership only, would that be a remedy? I am offering to not serve anyone who has not purchased a membership card. This is another significant out of pocket expense, but I am trying.  I want to be able to continue to serve my clients.
  I take, by the number of (!!!) on your last email that you are upset about all this, as I am also.
I have not made one single complaint about XXX, and her behavior toward me, and my clients; but they do exist.
I am 58 years old, and the time for mudslinging is long over for me. We only work four days a week, from nine to four, sometimes til five.
(her nail place) is open six days a week, from 9 to 7. That's 28 hrs(us), vs 60(XXX) 
 (Jody works Tuesday, by herself from 9 to 3)
A long time ago I urged XXX not to work so many hours, so she would not burn out, but that is her choice. I cant do it. I have a heart murmur and  back and shoulder issues from a very serious car accident four years ago.
 Teresa was fired a little less than a year ago for attacking a client/friend in the salon because she was mad at him. Yes I did hire someone to replace her. I did not realize that was wrong, she came along with a stylist I hired. I admit I made a mistake with the ad, and I took it out. We did not have one single response to that ad, not one.
I have sent people there for services, and they come back with complaints. I am NOT making this up, it is true.
Today we sent a customer down for tanning and she came back saying  that she was treated rudely and snapped at for wanting to use a debit card to pay.
 The last thing I want to do here is fan the fire, but I have a long history with XXX, and most of it I have tried to be a friend to her, and worked to help her succeed. When she called and started in with you on the day I bought the salon, I was hurt, and as she has continued to not speak,(for 2 years) and behave in such a negative manner, we don't send many of our clients her way any more. That is not my fault.
You can ask any of the other tenants and they will tell you that I regularly send the salon clients their way for pizza, insurance, pet care, photography and chiropractic care.
I can be, and have been a good neighbor to anyone who is a good neighbor to me.
XXX used to come into the salon, and solicit the clients while I was doing their hair. If they complained, I told them she was my neighbor, and I was going to allow her. Ultimately it is the clients choice where they get their hair done, their nails, and any other service they require.
I don't "steal" from other  salons, I cannot make anyone change who provides services to them, and I would certainly not coerce anyone into choosing me over someone they go to and are happy with,
 As far as the price issue goes, I hope by restricting the salon to paid membership clients, we can co-exist.  I just raised prices once.
Think about it, and  when we  get together, I hope for a future at 7406. I love this place, and  want to stay.
 I fought a hard battle along side the neighborhood association to get the crack hotel a few blocks away, closed down. I have tried my very best to keep your property free of drug deals, and shady street people, ask anyone in the plaza.
 I am not a bad guy.
Joanne
  final email to date...
Joanne,

I just got this.  I don't check the company email every day, and just got to it today.  Dad will be back next week sometime, so when he returns we can discuss it, but I am not sure what his answer will be. .
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Tomorrow I am getting legal counsel, and I have vowed that i WILL NOT sign a lease that is detrimental to my business welfare. I think I see a change in tone in the last email.... do you??
The membership idea, I think, is a good one. Of course it places value on our membership card. When do you remember a business card carrying perceived value?  I have a plan...........

6 comments:

Sandee said...

Good grief. What a mess you are in. Good grief. An attorney may just be the answer.

Super big hug. :)

Sarge Charlie said...

what Sandee said

Empress Bee (of the high sea) said...

you have a plan? i KNEW you would!

smiles, bee
xoxoxoxoxoxo

laurak/ForestWalkArt :) said...

wow...sorry to hear all this...i hope u get things straightened out...keep us posted! good luck!!

Anonymous said...

If it were me, I'd move. Life's too short. There is probably a perfect location just waiting for you to find it, loaded with nice neighbors and an enjoyable environment.

The owner(s) of the property clearly side with the XXX tenant. They presume to dictate to you how much/little you can charge in your business. Most importantly, they have already stated they will serve you with a non-renewal of lease notice - the writing is quite literally on the wall.

I hope I'm wrong.

I wish you clear, calm thinking and good business decisions for a happy, healthy, profitable work environment.

Jim McKee said...

Gosh, I don't know what to say. I never heard an exclusivity clause in a lease.

Obviously, I side with you... I read your blog, and you are a nice person... the competitor sounds like a witch-with-a-B.

But, I'd probably have to agree with Barb. I am not one for staying in a hostile environment if you have a choice.