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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this defence is litigated (not straight forward as you state) – UK Law states, a plaintiff can only have their rights withdrawn by the Courts – A Declaration Form, must be proved that a person Freely agrees to it; (No coercion used or implied).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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What to Look for in a Martial Arts Insurance Policy

When practicing or teaching martial arts, having the right insurance policy is essential. Martial arts involve physical contact and sometimes risky moves, so protecting yourself, your students, and your business is crucial. Choosing the right martial arts policy can be confusing, but understanding what to look for will help you make the best decision.


Understanding the Basics of a Martial Arts Policy


A martial arts policy is designed to cover the unique risks associated with martial arts training and instruction. Unlike general liability insurance, this policy specifically addresses injuries, accidents, and claims that can arise during martial arts activities.


Key components to consider include:


  • Public Liability: Covers injuries to third parties or damage to their property.

  • Professional Indemnity: Protects against claims of negligence or mistakes in instruction.

  • Member to Member Indemnity: 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 Indemnity Section.

  • Personal Accident: Provides compensation for injuries sustained by the insured, in most cases this Cover is only available for Instructors.

  • Equipment Coverage: Protects training gear and facilities from damage or theft.


For example, if a student injures themselves during a class, public liability insurance can cover medical costs or legal fees if a claim is made. Similarly, professional indemnity protects instructors if a student alleges poor teaching caused an injury.


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

What to Look for in a Martial Arts Policy


When selecting a martial arts policy, there are several important factors to keep in mind to ensure comprehensive coverage.


1. Coverage Limits


Check the maximum amount the insurer will pay out for claims. Higher limits provide better protection, especially if you run a large school or host tournaments. Typical limits range from £1 million, £2 million, £5 million up to £10 million.


2. Types of Activities Covered


Make sure the policy covers all the martial arts styles and activities you offer. Some policies exclude certain disciplines or competitive events, so verify this before purchasing.


3. Instructor and Student Coverage


The policy should cover both instructors and students during training sessions, competitions, and demonstrations. This includes coverage for injuries and legal claims.


4. Equipment and Property Protection


If you own expensive mats, weapons, or uniforms, check if the policy covers damage or theft of these items.


5. Legal Expenses


Legal fees can be costly if you face a claim. Look for policies that include legal expense coverage to help with defence costs.


6. Flexibility and Add-ons


Some insurers offer add-ons like business interruption cover or cyber liability. Consider your specific needs and whether these extras are beneficial.


7. Exclusions and Limitations


Read the fine print carefully. Common exclusions include injuries from reckless behaviour or unapproved events. Understanding these will prevent surprises later.


Close-up view of martial arts protective gear on a shelf
Protective gear used in martial arts training

How to Choose the Best Martial Arts Insurance


Finding the best martial arts insurance means balancing cost with coverage. Here are some practical tips:


  • Compare Multiple Quotes: Don’t settle for the first offer. Compare policies from different providers.

  • Check Reviews and Reputation: Look for insurers with good customer service and claims handling.

  • Ask About Discounts: Some insurers offer discounts for multiple policies or long-term customers.

  • Consult with Experts: Speak to insurance brokers who specialise in martial arts coverage.

  • Review Annually: Your needs may change, so review your policy every year.


One reliable option is the best martial arts insurance available through specialist providers who understand the unique risks of martial arts.


Additional Tips for Martial Arts Instructors and Schools


Running a martial arts school involves more than just insurance. Here are some extra tips to reduce risks and improve safety:


  • Implement Safety Protocols: Regularly update training methods and safety rules.

  • Keep Records: Document injuries and incidents to help with claims.

  • Train Staff: Ensure all instructors are qualified and aware of safety standards.

  • Use Membership Forms: Have students completed & signed a Membership Form, acknowledging and understand the risks involved with your style of Martial Arts.

  • Maintain Equipment: Regularly inspect and replace worn-out gear.


These steps not only protect your students but also strengthen your insurance claims if needed.


High angle view of a martial arts instructor demonstrating a technique
Martial arts instructor demonstrating a technique in a training session

Protecting Your Passion with the Right Policy


Choosing the right martial arts policy is about more than just compliance - it’s about protecting your passion and livelihood. Whether you are an instructor, school owner, or competitor, having the right insurance gives peace of mind and financial security.


By understanding coverage options, comparing policies, and taking proactive safety measures, you can focus on what matters most - training and growing in martial arts.


Remember, the best martial arts insurance is one that fits your specific needs and offers reliable support when you need it most. Take the time to research and invest wisely in your protection.

 
 
 

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