Hello everyone. I'm a martial arts instructor (TKD) and also am an attorney. Last week I was asked by a friend to help out with an issue concerning a martial arts contract and was incredibly disturbed by what I saw. I'm surprised not to see more information about what might be a system in which an increasing number of martial arts schools may be run (and concerns long term contracts) -- and I don't mean in a positive straightforward way.
I am not an attorney, but I know that there are many kinds of contracts, and calling various aspects out as fraudulent or otherwise to be avoided could well end up with the person making the allegation being sued for restraint of trade. IANAL this is not legal advice.
As a result, I've started to put together an article to help people who hope to join a legitimate martial arts school identify and avoid schools that are likely to either be a fraud, engaging in fraud, questionable practice or other issue which may not be disclosed and will only serve to disappoint and deject a student later. Topics include:
I think such an article can be helpful, but one must be quite careful to avoid discussions of fraud unless one can prove fraudulent intent and is willing to do so in court.
- the McDojo and purported martial art being taught
- the belting game (a very large number of "stripes" resulting in many belt tests which cost $$$)
- what does it mean to have a black belt instructor and who "certifies" that they are what they claim to be?
- dangerous contracts, such as unusually extended commitments
- claims of "certification" for students (and what does that really mean)
I'd enjoy (sadly) hearing some of the scams and misleading practices that you've encountered in the hope of trying to help people identify schools that they should avoid.
Some thoughts. These are my opinions only. I have no particular expertise and claim no special knowledge of the subject.
Consider first that a martial arts school is a business, in many ways like any other. However, the article being sold is a bit of an intangible. What is martial arts training, exactly? I can sell an apple. It either is or is not an apple. I can teach you to speak Esperanto. It either is or is not Esperanto. But if I offer to teach you some form of martial arts training, who decides if it does or does not meet some objective standard to be called 'legitimate martial arts' training?
What is being conveyed in the way of a promise to students? That they will be able to engage in a sport? That they will be able to defend themselves against violence? That they will receive health benefits associated with physical training? That they will find friends and engage in a pleasurable hobby? I don't see a lot of places making any kind of representation about what precisely is the expected outcome of training, which makes it hard to say they do or do not provide a claimed service.
We have legitimacy defined by organization, in some cases, and by lineage in others. However, can we say that all organizations convey legitimacy, or that lineage, even when it is 'as claimed' and not fraudulent, provides a guarantee of quality training? As others have noted, organizations run the gamut from groups that do their best to ensure that the style they support is being taught by instructors who meet their quality standards, to groups that simply grant degrees for money and have no qualifications beyond that, and everything in between.
We can also say that there are instructors and schools who claim no lineage and no membership in any organizations, and who is to say that they do not teach a valid or legitimate form of 'martial arts'? Beauty being in the eye of the beholder, it seems to me that every martial arts training facility will claim to teach a valid form of martial arts, and there's no way to prove legally that it does or it does not.
Sadly, I believe that this leads to many students being misled about what they are being taught and how applicable it might be to any given situation.
On the issue of contracts. As you mentioned, contracts are often considered a necessary way to do business when services are being provided. Many or most gymnasiums do it. Various studios that teach yoga, spinning, etc, etc, depend upon contracts. These are considered necessary for a variety of legitimate reasons, including being able to get a loan, liability insurance, and having some semblance of predictability in terms of drawing an income from the business, etc.
While many martial arts training facilities do not use contracts, it would be incorrect to assume that any who do are not legitimate training facilities.
What should be in a contract? Typically, a hold harmless clause is required, for liability reasons. A set stated term, options for renewal, and an agreed-upon periodic fee. Any additional fees should be clearly spelled out, and it should be noted if they are required or optional (for example, patches, belts, weapons, safety gear, participation in tournaments and seminars, and so on). How often can the student attend, and for how many hours?
I would argue that any such contract should have stated terms under which the contract can be nullified, such as the student moving, losing their job or source of income, or becoming too injured to continue training, as well as any fees for contract cancellation. Fees for material breach, agreements as to how contract disputes should be settled, and so on would all be very good to have as well. I understand that some contracts also promise to promote a student in good standing to various ranks at various dates, and I guess that's at the discretion of the prospective student as to whether or not that is a good or bad thing. Personally, I would be very wary of a school that guaranteed promotions, but that's me.
If I were going to sign a contract of that sort, one of the things I would do is start adding up the fees and project what my yearly cost would be, so I could consider it as a cost-benefit value proposition. Say $100 per month for attending. That's $1200 per year. Say an average of 5 years to black belt. That means a black belt costs $6,000, exclusive of any other fees. Now add in any mandatory fees such as uniforms, patches, testing fees, belt fees, tournaments or competitions, seminars, and so on. Let's say it ends up being in the neighborhood of $10,000. Does that mean it's a bad deal? No way to say. What does it mean to the student? How does it work into their budget? What value do they feel they will extract from it? Do they even wish to consider it in terms of money spent (it is legitimate not to, but it's good to at least have a clear picture of what the reality will look like).
I would always advise any prospective student of any martial arts training facility to ask for time to look over a contract at home prior to signing it. There should be no reason a training facility would hesitate to allow a prospective student to consider what they are signing and obligating themselves to do or pay.
On the subject of fees. There seem to be a lot of ways to extract money from students. I can't comment on what is and is not legitimate in that regard, but I'm aware of some of the many methods. I've mentioned some above. For example, testing fees for promotions, belt fees for the actual promotion. Uniforms. Patches. Weapons. Safety/Sparring gear. Mandatory attendance at tournaments, competitions, and seminars. It can add up. Particularly for kids, parents probably need to have a reasonable expectation as to their outlay before committing to these kinds of ongoing expenses.
As to certifications, authenticity, and so on, I have no way to judge. I can say that as a person who has a background in the military and law enforcement, and who has been training for some time in a martial arts style that is generally recognized as legitimate (Isshin Ryu) and under an instructor who has a wonderful reputation world-wide, I can generally identify what is 'good training' and what is not, but it's all subjective.
I don't know how to even go about such a thing. In many states in the US, various trades are licensed, board-certified, and have to meet some objective standard before a person can engage in the trade. Plumbers, private detectives, carpenters, tattooists, and so on. However, although it can be very difficult to apply objective standards to some sets of skills and abilities. A plumber has to pass a number of tests, belong to an organization, have gone through an apprenticeship, etc. But that doesn't mean he or she is a good plumber; it just helps to make sure there aren't that many bad ones.
But you will notice that while house painters might be licensed, artists who paint pictures of houses are not. Photographers are not. Wedding cake decorators are not. Why? Probably because there is no universal standard for 'art'.
And it is in this realm, between trade and art, that the martial arts training industry finds itself. It can be said to be a trade in some sense. The instructors should ideally be skilled and experienced practitioners. But of what? There's the rub. I would not suspect that a test for a judo instructor would be too difficult, as there is a traditional definition of judo, there are established lineages and associations, judo is an accepted Olympic sport and has been for many years, etc, etc. However, now take a guy who says he invented his own style, has no lineage, no associations, and there are no other high-level practioners of it. We can say he can't be licensed, but what if it happens he's a great fighter and he really did invent his own style? Or if he claims his style doesn't actually teach self-defense, but inner peace at being beaten up? What if he teaches run-away-fu, or lay-down-and-beg-ryu? I'm playing the fool here but to illustrate a point. Since martial arts is such a fluid amorphous thing, how can someone define who is and who is not teaching it?
I think it comes down to Caveat Emptor as it does with many things. There are many pitfalls, and I hope it helps prospective students when they come to online discussion forums like this one and ask. Sometimes someone will say "Oh, I know that guy. He's a pretty good trainer." Or, "I remember that guy. He got a green belt in my style, promoted himself to 15th dan, and opened a school. Buyer beware." Some of us have some knowledge about various organizations or styles or claimed lineages and are willing to share.
But it's all pretty much down to individuals. And that's always going to be a problem.
