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What Makes a Good Liability Waiver?

by | Offline Marketing & Sales

Setting Expectations for Martial Arts Students Upfront

Authority is highly influenced by emotion.

While your staff and students may intellectually understand that you are the boss and master instructor, they have to feel it, not think it.

It’s the emotional connection that anchors your authority on a deep level.

If there is one powerful moment in your role as a professional martial arts instructor, it’s in the enrollment conference.

While the parents may see you as the master black belt, they usually don’t have an authoritative reverence at this early stage.

The enrollment conference is a seminal moment for you to establish your authority and gain the respect and gratitude of the family you’re dealing with.

Presenting the programs and their cost to parents can be tense at times. Some parents want to negotiate. Others might object to the agreement. Some want a safety net in case their child wants to quit.

While it’s important that you are prepared to overcome any objections, it’s when the bottom line is signed and the initial investment is completed that you have a critical window to demonstrate your authority.

Many owners complete the transaction and gush with statements like, “Awesome. It’s great to have you on board. Johnny, you did an awesome job tonight. High five! Thanks Mrs. Jones it’s great to have Johnny as part of our family. Let me know if I can help with anything.”

Barf.

Who has the role of authority here? Mrs. Jones and her credit card. That was a missed opportunity.

Let’s try again. You would adjust this script to the age and circumstance, but here is an authority template for the enrollment conference.

Mom has just enrolled Johnny into the program.

You, “Johnny. You want to learn Empower Kickboxing, right?”

“Yes sir.”

“Good. I want you to understand that your mom just enrolled you into a six month program. You are going to learn a lot of great skills and lessons. It’s going to be fun and sometimes it’s going to be hard. That’s the good part because that means you’re learning. So you have to pay attention and practice at home 20-minutes a day when you don’t have class.

Are you going to work hard and practice?”

“Yes sir.”

“I’m glad. Your classes are Monday and Wednesday at 5pm. When are your classes?”

“Monday and Wednesday at 5pm.”

“Good. You’re a smart guy. That means that you have to be ready to come to class by 4:30 on Monday and Wednesdays so that you’re not late. Will you do that?”

“Yes sir.”

“No matter what you are doing, you will be ready by 4:30, right?”

“Yes sir.”

“Good. The first lesson is integrity. Integrity means that you do what you say you are going to do. You keep your promises. You promise to work hard and be ready for class, right?”

“Yes sir.”

“No matter what you’re doing. Right?”

“Yes sir.”

“Great. We’re going to be so proud of you. Your mom just enrolled you, so please turn to her and say, ‘Thank you mom.”

“Thank you mom.”

“Alright. When someone does something good for you, you always say thank you. That’s called gratitude. What’s it called?”

“Gratitude.”

“Correct. So you’ve learned two important lessons today. Integrity and gratitude. What does integrity mean?

“Keeping your promises.”

“Yes. What does gratitude mean?”

“Saying thank you.”

“You got it! You are going to do great, I can tell already.”

“Remember, your class is…”

“Monday and Wednesday at 5pm.”

“When will you be ready to come to class?”

“4:30pm.”

“You have a good head on your shoulders Johnny. You’re going to be good at this.”

“Because you’ve showed your mom gratitude and you’re going to keep your promises, here is a school t-shirt for you to wear. Every time you put it on, I want you to think of integrity and gratitude. Will you do that?”

“Yes sir.”

“I just gave you a shirt. How do you show gratitude?”

“Thank you sir.”

As taught in the MATA Certification program, it’s also a good idea to let mom know that it’s important that she control what Johnny is doing around 4:30 which is the agreed upon to be ready for class.

If Johnny is playing with his friends or deep in a video game, it’s going to be harder to get him to get ready than if he is cleaning his bedroom or something he’d like to leave to go to class.

Keep in mind that mom is watching this happen before her eyes. What have you done to establish your authority?

  1. You’ve provided her with a language pattern that both her and Johnny understand. This is huge.
  2. You’ve given mom the “integrity” framework to deal with any reluctance to go to class.
  3. You’ve provided her with a strategy to engage Johnny in less fun activities so that going to class is an easy decision.
  4. You’ve laid out when Johnny should get ready for class without complaint.
  5. Before her eyes, you taught her son important lessons with real world examples. No doubt, your authority sky-rocketed in her eyes and in her heart.

Look for places where you can make these kinds of strong emotional connections.

Demonstrate true authority and leadership. That will last much longer than a trite, shallow compliments like “Awesome! Good job.”

This will help your students to understand how and why they are training with the best school.

Martial arts school owners often give very little attention to their liability waivers or hold harmless agreements because they feel they are not going to protect them from claims and they don’t want to pay for legal advice. The truth is, state laws determine how effective a waiver may be in court, but it is important to always have a well-written waiver in every state.

A liability waiver is intended to release the school from liability for injury resulting from ordinary negligence. To ensure protection, it is important to work with a lawyer in your state with experience in the state liability waiver laws. Although good cost-saving resources are available to help fitness center owners write their own waivers, it is imperative that an experienced attorney review and edit the waiver before it is put into use in your fitness school.

A well-written liability waiver is the best tool a martial arts school owner has to manage risk.

A waiver does not protect a martial arts school from negligence or reckless conduct. When we see big headlines for large claim settlements, there is usually a claim of gross negligence that resulted in serious injury.

So, don’t rely just on a liability waiver to protect your fitness business from claims even if you live in a state with favorable waiver laws. You must take other steps, too, such as carrying an appropriate level of liability insurance, taking all possible steps to protect your members, and documenting all upkeep and maintenance throughout the year.

What Makes a Well-Written Liability Waiver?

As stated above, obtain the assistance of an attorney with experience in the liability waiver laws of your state and preferably one who is also familiar with the fitness industry and your school. In addition, consider these things:

Use a stand-alone waiver document separate from your participation agreement. Write the waiver document so it is specific to activities the participant will engage in at your school.

You can explain to your members and guests how their safety is of the utmost importance to your martial arts school, explain the inherent risks of participation and close by requiring their signature on the release of liability.

A parent must sign the waiver for a minor. Although waivers for minors rarely hold up in court in most states, it still is imperative to obtain one for minor participants in fitness activities and in the childcare facilities at fitness centers. Again, get expert assistance when creating waivers for minors.

Waivers are more than worth the money you spend to write them if they save your fitness business from even one claim – now or in the future. State laws determine how effective a waiver may be in court, but it is important to always have a well-written waiver in every state.

Offline Marketing & Sales

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