Liability Waivers???

[KenpoDragon]

This question is for any and all instructors out there who have a liability waiver for their school. I currently teach a city funded program, i.e the city pays me, not the students. I am currently looking for other locations to begin teaching other programs. I would like to know if you have a liability waiver, and what it consists of primarily. The city covers my current students with insurance, but I am not financially ready for a complete insurance program. I would like to be able to teach more students at different locations but I am very concerned with this issue. I have spoken to one owner of a potential location, and his main concern was liability. Is a waiver enough??? Will it guarantee my safety, from possible law suits??? Do any of you only have a waiver without the insurance??? If anyone can assist me in this matter I would greatly appreciate your help.

:asian:

KenpoDragon

 

[Abbax8]

A liability waiver will not protect you. You need liability insurance and a waiver. The waiver part is easy. There are many ways to obtain a waiver, an attorney will write for you or the city program that you teach in should have one. Just copy it, making modifications as necessary to suit your needs. Basically all waivers say that you are held harmless for any injuries. The problem is, when someone gets hurt, all they need do is claim they were not properly instructed or supervised and that is how the injury occurred. That opens you up to negligence. A court needs to decide who is innocent then. Without the insurance you risk losing everything. Insurance can be obtained through brokers, or through MA organizations. Check with your National Organization to see if they offer liability insurance for schools that teach your art. Usually whats required is to register so many students with the organization. Check around, other organizations will cover many arts. MA insurance use to be advertised in the Black Belt Magazine, I haven't read it for a while, but I'm sure it's still there. One more thing, the best protection from a liability suit is a well run, disciplined class. Don't tolerate antics from students that can get others hurt. Always position yourself in such a place that you can see the whole class. Keep student numbers per class manageable. Observe current standards of practice for your art, use of protective gear, matching students by size and maturity level. Weapons? Be careful. Many liability policies have a disclaimer that does not cover weapon injuries. Also some don't cover full contact sparring. Also know and adhere to current standards for stretching and other exercises. Some of the things done in the past, are now considered dangerous, neck bridges are a good example. I've done them in the past, but will not have my classes do them now because the orthopedic specialist say they are harmful. Who's are jury going to listen to? Teaching a class is great if your ready, just understand the full responsibility you are committing to.

Peace
Dennis

 

[KenpoDragon]

Thank you for your reply Dennis, I do appreciate your words. I tried looking on the School Management forum, but didn't find much help. I'll keep searching though.

:asian: KenpoDragon

 

[lvwhitebir]

The waiver should tell the student what to expect, injury-wise, from the classes. It should tell them that the class does contain contact and that bruises are likely, broken bones possible, and death is remotely possible.

Tell them that it is your responsibility to provide a safe environment and class, but that safety is everyone's responsibility. If they don't want to do an exercise due to a concern of injury, that they can be exempt but they are expected to provide their excuse. They should know that they are responsible for their partner's safety as well.

All this tells the student what to expect. Then, if they do sue, they can't say they didn't know they could get hurt. Then as long as you don't do anything that is considered "bad practices" you should never have to test it in court.

I can send you a copy of my waiver if you would like. You should have it reviewed by your own lawyer, though, to make sure things are valid in your state. NAPMA has a book about owning and operating a MA school. In it is a 4-page waiver that covers a lot of things. Mine is based off of that, pruned down to 2 pages.

By the way, the best way to limit your financial responsibility in a law suit is to create a business. An Limited Liability Company, S Corporation, or whatever will limit who they can sue. With both, you personally are safe, but the business can be ruined. At least you'll still have a roof over your head. Talk to your accountant/lawyer about your options.

Oh, and definitely have the insurance!

WhiteBirch

 

[KenpoDragon]

Lvwhitebir, I would like it very if you could send me a copy of your waiver, that way I have something to go off of. If you could e-mail it to me, or PM it to me, I would appreciate it, thanks for your help.

:asian: KenpoDragon

 

[lvwhitebir]

KenpoDragon, check your PM for the waiver.

WhiteBirch

 

[teej]

Go to www.karateinsurance.com they had a waiver on the site somewhere that you can download. They also have very good rates from what I have seen, and Chubb is an A++ rated co. with
AM best. Get insurance!!!! Best advice anyone has given me.

Teej