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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I lease a small salon in the main building of a (non profit)

Customer Question

I lease a small salon in the main building of a (non profit) retirement community, Lititz PA. We don't have a service contract, just a basic lease for the salon stipulating a monthly fee. Tomorrow, Thur, is scheduled to be our last day providing hair services to our clients.
We were told in an email this afternoon from someone (Assistant Nursing Home Administrator) at the retirement community, who we've never met...
"1. I hereby direct you not to have a farewell party, hand out balloons, business cards or any expression of good bye. Good byes are not easy for anyone, but should definitely not be forced upon our residents. While this may allow you some closure, it is not easier for them. Please only discuss pleasantries of the day, not the transition, in order to make this easier for the residents and a smooth transition for all parties. Business as usual.
2. You are hereby notified to cease and desist of including photographs of our residents and/or employees without express, written consent from them and their Power of Attorneys, which we do not authorize you to request. Immediate remove photos from your camera, including phones with cameras, online including any web site, facebook or any other web site. This is a violation of HIPPA privacy laws. Failure to follow this order will lead to pursuit of legal options. Following this order does not protect you from the penalties of the violations already committed. I understand you attempted to blur faces, however, this is not sufficient."
It's not possible for us to do our job successfully or at the standard that we have provided for the last almost 3 years with this restriction. We offered ice-tea & small balloons as a celebration gesture and a "good bye / we love you" piece of paper tied to balloon on Tues with no issues. (we provided salon services on Tues & Thurs mornings). We chose to offer balloons because the clients indicated that balloons are given to them for all sorts of activities. It feels like our freedom of speech rights are being negated. Our clients pick the topics they want to chat about, & we always keep it upbeat to generate a warm inviting outing to the salon for these seniors. We've never handed out business cards - because we don't have any.
We have a facebook page: hair4memories
We have as a matter of our own choice always blurred out the faces of our clients. We are showing the activity occurring in the salon. We have always invited our clients to write on our page and to share it with their family & friends.
We have never had feedback from the retirement community management suggesting that we couldn't have a facebook page and show the activities in our salon. We are not aware that HIPPA is associated with hair care, photos or balloons.
We provide a sheet of the services rendered for the day, that includes each client name and $ amount, and whether the client paid us directly. The sheet is provided to the retirement community accounting dept. A check for the difference is then cut and mailed to us every approx 2 weeks (altho they have a habit of taking up to 5 weeks). This sheet also includes services that were discussed between the client & stylist that need to be provided at their next appointment.
We never received a handbook, policy manual or any instructions from the retirement community leadership, or attended any "company" sponsored training, or been required to take any training. We have not been asked to provide health information eg immunizations, either. We don't have security badges or any form of badge. Anybody can access the salon - as they don't appear to have locks /combination codes for any of the main facility doors.
We are aware that there's an internal "tiff" occurring within director/executive level management, that resulted in a director choosing to pick a new salon. We've had MANY manager/director level managers stop by when our salon was open to thank us for the awesome service we've been providing to the residents over the past 3 years and would love us to stay.
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my best to help with your situation or get you to someone who can.

Expert:  Barrister replied 3 months ago.

What is your legal question that I can help with tonight?

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Are you asking if the landlord can enforce these restrictions?

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Is there anything about them in the written lease contract?

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thanks

Barrister

Expert:  Barrister replied 3 months ago.

Hello again, one of the JustAnswer moderators contacted me and mentioned that you had requested Dimitry to assist. Unfortunately he hasn't actually been active on the site for a few months so would be unavailable to help..

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I am happy to assist and in addition to being a real estate attorney, I have also been a landlord for over 26 years so have a very unique perspective to offer customers...

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thanks

Barrister