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Statement from another Martial Art website – General Information response shaded in Yellow

 

Non-named Web Martial Art Association Statement;

Probably the hardest area of sports insurance for people to get their heads around and the main issue to understand is that the need for this type of insurance differs between a student and an instructor. The liability cover provided for a student, alongside their PA cover, is for what we can call general liability, in other words, cover for the general Duty of Care, that one person owes to another which if breached can open a person up to a claim for damages - loss or injury.

​

Response;

(Generally called Student Indemnity)

Member to Member Indemnity covers the Member from injuring a training partner upto the upper
Association Policy limit of £5/£10 Million. this Indemnity is provided from the Association Policy and is not
an individual Policy - There is no accidental cover provided within these types of Indemnity Policies

​

Member to Member Liability
The Insurer will indemnify member or members of the Association
in their respective capacities as such as though each party was
individually named as the Insured in the Association Policy.

Association Student Indemnity covers the student from being sued upto the Association Indemnity limit; students do not claim against their own Indemnity, they claim against the
student that has caused the injury, that does not prevent them from also claiming against the Club.

 

In UK common law, there is a principle that basically states that when it comes to engaging in activities that hold risk and the potential for injury, then a person takes on that risk and cannot then sue for damages if they are subsequently injured. This, in Latin, is the principle of "Volenti Non Fit Injuria” and means that where two people are engaging in a risky activity, where the potential for injury is accepted, then should an injury occur the injured party cannot sue the other player.

​

Response;

This statement is both True & False, “Volenti non fit injuria” is a defence against an injury claim, but not a complete Defence, a Judge will make a decision of the facts, when this defence is litigated (not straight forward as you state) – UK Law states, a plaintiff can only have their rights withdrawn by the Courts – A Declaration Form, must be proved that a person Freely agrees to it; (No coercion used or implied).

In any event, Strict proof of a Volenta Defence is required to be placed before a Judge, by the Defendant’s Legal Team, there are cases that this defence has been used and Struck Out by a Court Judge, at first sitting and further on at an Appeal hearing, and if proven, the Judge can apply a percentage of blame/cost to either party.

 

This is why in the UK there is NO 'member to member' (as this situation is typically, but incorrectly known) cover available which, more properly should be known as 'participant to participant.' An example may help because there is in fact member to member cover available; for example, where two martial artists turn up to train and one puts his bag on the floor at the top of the stairs, which trips someone up, sending them headlong down the stairs, then this is covered under the member to member section of the policy.

​

Response;

False, just a play on words: Member to Member, Player to Player, are words used by the Martial Arts Industry, it is actually Member Indemnity as used by the Insurance Industry, although some do call it Member to Member to make it more easily explained.

​

A Claimant could claim against a Member (in your example) “puts his bag on the floor at the top of the stairs, which trips someone up, sending them headlong down the stairs, in reality a Claim could/would be made against the Club and or the Chief Instructor under either Health & Safety rules and or Duty of Care.

 

HOWEVER - should those same two students be training together on the mat and one injures the other there is no 'participant to participant' cover in place for the very simple reason that under Volenti the injured student cannot sue, therfore no cover can actually be provided. The principle of Volenti accepts that the situation changes if one person grossly steps outside the accepted bounds of the rules of the sport which would, in fact, pretty much move the action to be a criminal assault.

​

Response:

This statement “if one person grossly steps outside the accepted bounds of the rules of the sport which would, in fact, pretty much move the action to be a criminal assault”, this is only one of the reasons your “Volenti non fit injuria” Defence would fail, Misleading of the actual facts, either injury/damages claim or criminal assault can be pursued in UK Law.

In any event, the Legal Costs of the Pleading, “Volenti non fit injuria”  by Solicitors/Barristers, could cost anywhere between £2,000 to £10,000 (dependent on the amount of the claim) and higher if procedures end up in the Supreme Court, this is the reason Member Indemnity is advisable, (Liability Protection) as it goes; where there’s blame, there’s a claim (No Win-No Fee)

I would advise your web statement could if plead, breach the Misrepresentation Act 1967.

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Protecting Your Martial Arts Club with the Right Plan

Running a martial arts club involves more than just teaching techniques and building skills. It requires careful planning to protect your business, your students, and your reputation. Accidents can happen, equipment can get damaged, and legal issues may arise. Having the right club insurance plan is essential to safeguard your investment and ensure your club’s longevity.


Why Club Insurance is Essential for Martial Arts Clubs


Martial arts clubs face unique risks that other businesses might not encounter. From physical injuries during training to property damage, the potential liabilities are significant. Without proper insurance, a single incident could lead to costly legal battles or financial losses.


Key reasons to invest in club insurance include:


  • Protection against injury claims: Martial arts involve physical contact, increasing the risk of injuries. Insurance helps cover medical expenses and legal fees if a student or visitor gets hurt.

  • Coverage for property damage: Equipment, mats, and facilities can be damaged accidentally. Insurance can cover repair or replacement costs.

  • Liability protection: If your club is found responsible for an accident, liability insurance protects your assets.

  • Peace of mind: Knowing you are covered allows you to focus on teaching and growing your club without constant worry.


Eye-level view of a martial arts dojo with training mats and equipment
Martial arts dojo interior with mats and equipment

Understanding Different Types of Club Insurance


Choosing the right insurance plan means understanding the types of coverage available. Not all policies are created equal, and your club’s needs may vary depending on size, location, and activities offered.


Public Liability Insurance


This is the most critical coverage for any martial arts club. It protects against claims made by third parties for injuries or property damage caused by your club’s activities. For example, if a visitor slips and falls during a class, public liability insurance covers the costs.


Professional Indemnity Insurance


If your club offers advice or training that could lead to financial loss for a client, professional indemnity insurance covers legal costs and damages. This is particularly important for instructors who provide personalised coaching or nutritional advice.


Employers’ Liability Insurance


If you employ staff, this insurance is usually a legal requirement. It covers claims from employees who get injured or ill due to their work.


Equipment and Property Insurance


This covers damage or loss of your club’s physical assets, such as training gear, uniforms, and the building itself.


Business Interruption Insurance


If your club has to close temporarily due to an insured event like fire or flood, this insurance helps cover lost income and ongoing expenses.


Close-up view of martial arts training equipment on the floor
Martial arts training equipment including gloves and pads

How to Choose the Right Insurance Plan for Your Club


Selecting the best insurance plan requires careful consideration of your club’s specific risks and needs. Here are some practical steps to guide you:


  1. Assess your risks: Identify potential hazards in your club, such as injury risks, property damage, or legal liabilities.

  2. Determine coverage needs: Based on your risk assessment, decide which types of insurance are essential.

  3. Compare policies: Look at different providers and compare coverage limits, exclusions, and premiums.

  4. Check for specialised martial arts coverage: Some insurers offer policies tailored specifically for martial arts clubs, which can provide more relevant protection.

  5. Read the fine print: Understand what is and isn’t covered to avoid surprises later.

  6. Consult with an expert: Insurance brokers or associations specialising in martial arts can offer valuable advice.


For example, the martial arts club insurance offered by the Independent Martial Arts Sports Association is designed to meet the unique needs of instructors and clubs, providing comprehensive protection.


Practical Tips to Minimise Risks in Your Martial Arts Club


While insurance is vital, reducing risks proactively can lower your premiums and create a safer environment for everyone.


  • Maintain clean and safe facilities: Regularly inspect mats, equipment, and flooring to prevent accidents.

  • Implement clear safety rules: Ensure all students understand the club’s safety protocols.

  • Provide proper training: Teach correct techniques to minimise injury risks.

  • Keep accurate records: Document incidents and injuries promptly.

  • Use waivers and consent forms: Have students sign agreements acknowledging risks.

  • Train your staff: Ensure instructors and assistants are qualified and aware of safety procedures.


High angle view of a martial arts instructor demonstrating a technique to a student
Martial arts instructor demonstrating a technique during class

The Benefits of Partnering with a Specialist Insurance Provider


Working with an insurance provider that understands martial arts clubs can make a significant difference. Specialist providers offer tailored policies, faster claims processing, and expert advice.


Advantages include:


  • Customised coverage: Policies designed to cover specific martial arts risks.

  • Competitive premiums: Better pricing due to industry knowledge.

  • Support and guidance: Help with risk management and compliance.

  • Community connections: Access to resources and networking opportunities.


Choosing the right insurance partner is an investment in your club’s future. It ensures you have the right protection and support to handle any challenges that arise.


Taking the Next Step to Protect Your Club


Protecting your martial arts club with the right club insurance plan is a smart business decision. It safeguards your investment, supports your growth, and provides peace of mind. Start by assessing your risks, exploring insurance options, and implementing safety measures.


Remember, the right insurance is not just a cost - it’s a crucial part of your club’s success and sustainability. Take action today to secure your club’s future and focus on what you do best - teaching martial arts.


Eye-level view of a martial arts club entrance with signage
Entrance of a martial arts club with clear signage
 
 
 

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