The dance organization has paid more than 4,000 yuan for its medical expenses, but Miss Yin's request for a full refund of the course tuition was rejected.
The coach helped him "open his shoulders" and heard a "click" on the spot.
"I can't do heavy work now. The doctor said to let me rest for two months. " On the morning of February 24, 65438, Miss Yin pointed to the position of her left rib and said that the wound was still dull and painful.
Miss Yin said that she went to Shuilingzi and the dance training institutions directly under the campus to study pole dancing, jazz dancing and other courses, and paid more than 6,000 yuan in tuition. She was "out of pure interest at first". After a few classes, she was too busy to finish the course, so she applied for a refund. However, the head of the organization said that many students study dance full-time. It is suggested that she can resign and then pay more than 1000 yuan to sign up for a remedial class. After completing the course, she can get a certificate, go back to her hometown to start a dance class, or be a well-paid coach.
"I was very tempted at the time." Miss Yin said frankly that her work was unsatisfactory at that time and her children were in their hometown in Hunan. She hopes to get a certificate after completing the dance course as soon as possible and go back to her hometown in Hunan to start a dance training class. "I don't want to earn much money, at least I don't live apart from my children."
Miss Yin said that she was injured and her ribs still hurt.
So Miss Yin continued to pay 1.2 million yuan to the training institution to sign up for the remedial class, and the institution gave her a receipt for the tuition fee of 1.8 million yuan. Since June 5438+ 10, Miss Yin has been studying in dance institutions almost every day, with six classes a day. More than a month later, on June 28th, 165438+ before the pole dancing class, the coach, Miss Cao, asked the students to lie face down on the ground and put their heads in their hands when doing the basic "shoulder-opening" movements. Teacher Cao pressed the students' backs with his knees and stretched the students' shoulders in the opposite direction, saying that this action would make them flexible.
"At that time, I heard a crack." Miss Yin said that when Miss Cao pressed her back with her knee to help open her shoulder, she heard an abnormal sound. She thought it was the sound of her joints when she opened her shoulders, and as a result, there was a sharp pain under her left chest. She couldn't get up on the spot, and another student came to help her up. Two other students at the scene confirmed to the reporter that when Mr. Cao helped Mr. Yin open his shoulder, the scene did hear a "click". At that time, everyone also laughed. It is not surprising that students will make a joint voice when they are doing preparatory activities.
Miss Yin asked Miss Cao how her body hurt, and Miss Cao explained, "What's the matter! We didn't spit it out when we opened our shoulders. That's how we learned to dance. " /kloc-it will be fine in 0/0 days. "
Later, Mr. Yin reluctantly continued his class. However, after 10 days, the pain did not improve, even worse. "It hurts to turn over at night, and it hurts when you accidentally pull it up."
The doctor's diagnosis:
Axillary fracture of left rib
On February 9th, 65438, Miss Yin went to Baiyun Hospital, the First Affiliated Hospital of Guangzhou University of Chinese Medicine, and was diagnosed as "the fracture of the left sixth rib and axilla" by the doctor. After a week in hospital, the medical expenses cost more than 4 thousand. After leaving the hospital, you should continue to rest for two months and don't do heavy work. The relevant person in charge of the dance organization signed a compensation agreement with Miss Yin, agreeing to pay a one-time compensation of 4,905 yuan, but Miss Yin can no longer claim any other expenses or bear any responsibility for labor, injury and other related matters for any reason.
"Now I can't trust them any more." Miss Yin said that she questioned that the coach was unprofessional and didn't want to continue to take dance lessons in the institution, hoping to get back the course fees she had paid before. The agency rejected the request.
According to the "Shuilingzi Dance Membership Agreement" signed by Miss Yin when paying the fee, the study time is 65438+February 65438+February to life. In terms of fee refund, it is agreed that "if Party B suffers from accidental injury or death during the dance training and study, which makes it impossible to continue to complete the remaining teaching courses, Party A will calculate the fee according to 30% of the paid tuition fee, and deduct the corresponding class fee according to 65,438+000 yuan per class. If there is any surplus, it will be returned to Party B and this contract will be terminated. "
The dance training institution is located on the second floor of a hotel in a village in renhe town. The door was locked because there was no class that morning. There is no conspicuous signboard outside the door, and the name of the intermediary front desk is different from that of the poster. For example, the name on the registration poster is "Shuilingzi People and Direct Campus" and the name of the front desk is "Zi Ling Dance National Chain".
At the entrance of dance training institution
Training institutions:
The coach was teaching normally, and the incident was purely accidental.
At the scene, Miss Yin called Miss Cao's voice phone many times, but the other party didn't answer. In response to this matter, Miss Fang, the head of the dance training institution, responded that the company had paid the medical expenses for Miss Yin and signed an agreement with her on this matter. She stressed that the coach is teaching normally. "Even if athletes exercise normally, they may be injured. This is all an accident and normal." "Why don't others get hurt? Just find the reason yourself." She also said that if Miss Yin wants to quit class, she must follow the contract.
As for the publicity under the banner of Shuiling Lingzi, Ms. Fang said that she had obtained the authorization of relevant brands, and then she took the reporter to the agency to show a "municipal agency authorization card" issued by Guangzhou Shuiling Lingzi Culture Media Co., Ltd., regarding the qualification of coaches, he also showed Miss Cao's coach card. This certificate was issued by China Pole Dance Association, indicating that it "has completed all the courses of pole dance training in our college and passed the examination, and is hereby awarded the Pole Dance Coach Certificate of China Pole Dance Association".
However, the person in charge of the national chain of Shuilingling said, "Guangzhou Shuilingling Culture Media Co., Ltd. is a company that the manager took the team out before, and we don't recognize it." People have nothing to do with this store and Shuilingzi headquarters, and they are defending their rights through legal channels.
Orthopedic experts:
The coach should avoid students' ribs pressing on the floor.
A teacher who has been engaged in dance teaching for many years said that there is indeed a risk of injury when doing shoulder-opening movements on the ground. It is suggested that students can stand with their hands on the pole, and their heels are shoulder width apart. The coach put his hand on the students' shoulders to help them open them. As far as he knows, pole dancing is a new folk dance, and there is no related pole dancing major in dance colleges. China Pole Dance Association is a non-governmental organization, and the coaches awarded certificates by it may not have received systematic study in regular dance colleges, and their actions may be irregular in guiding students.
Is it easy to hurt people by opening their shoulders? Wang Liang, deputy chief physician of the Department of Orthopaedics, Guangzhou Heping Orthopaedics Hospital, said that due to the tight arrangement of scapula and scapular ribs on both sides of the human body and the protection of trapezius muscle, it is generally not injured. However, due to the combined effect of the weight of the trainees and the coaches, due to the lack of strong soft tissue protection, the ribs of the lateral lower part may be broken when pressed to the ground. When doing this action, the coach should pay attention to avoid the students' ribs pressing on the floor, and should not kneel directly with the coach's own weight, but should lift the students' shoulders with the left leg as the center of gravity and the right knee as the fulcrum.
Lawyer:
The injury is the fault of the training institution, which leads the trainees to request the termination of the contract.
Deng Gang, a lawyer of Guangdong Law Sheng Bang Law Firm, said that if the female student has reached an agreement with the training institution on the treatment of the damage and medical expenses, unless there is coercion or the contract is invalid and revocable, the student may not be supported again if he asks the training institution to compensate for the damage caused by the injury.
He said that the injury of the trainees was not an accident, but the fault of the training institution. Therefore, based on the training institution's breach of contract, if the injured trainee cannot continue to complete the follow-up courses or achieve the purpose of the contract for other reasons, he can request to terminate the training contract. For training fees that have not occurred, you can ask the institution to refund them. If the institution claims to deduct 30% of the tuition fees according to the contract, the fees exceeding the actual training fees should also be refunded.