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Posted

Why would anyone want to force someone to train them that didn't want to train them?

To think that our society has become so litigious today that an MA instructor would be concerned over potential legal action for not wanting to teach a student.

Yikes. Beam me up.

Respectfully,

Sohan

"If I cannot become one of extraordinary accomplishment, I will not walk the earth." Zen Master Nakahara Nantenbo


"A man who has attained mastery of an art reveals it in his every action." Samuarai maxim


"Knowing others is wisdom; knowing yourself is Enlightenment." Lao-Tzu

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Posted

I think disclaimers are a very important part of teaching Martial Arts. It is a written agreement. If it is broken, it is up to you to decide if you want to keep them or expel them. And as previously stated, I do not think many lawyers would take on this case unless they felt they could win on discrimination. Holland, good for you. I am surprised that you were so patient with this individual.

A great martial artist is one who is humble and respectful of others.

  • 2 months later...
Posted

All of the points above have merit, but i would like to point out another important point.

The way you do it may have an impact on their choice to sue you or not as well. If you suddenly force them to leave your school in the middle of class with everyone watching, their temper may flair and they will likely cause a scene and then they would, in their mind, have reason to sue you. Heck, in today's society, they may even win on the grounds of mental abuse at being put in a situation like that in front of everyone. If a student has gotten to the point that you have no desire to teach them anymore, explain it to them privately, preferably after classes so that no public humiliation could ensue.

Work Hard, Play Hard, Live Hard,

but Love Softly, and with all your Heart,

For Time waits for no one,

and Life goes hand-in-hand.

~Max

  • 3 weeks later...
Posted

Hmmm, that's a tricky question. To put it kind of simply, I guess I see it as like 'American Idol': they cut the people who they think don't have the talent to make it as a singer and take on the ones during auditions who have potential...and no one gets sued...but upset and emotional: yes, lol. Sorry for the bad analogy but it was the best I could put it :lol:

"It's not just Karate, it's a way of life."

Posted

Just have it in your sign up that there are no fees as the purpose of the school is to further the knowledge of Martial Arts. Then put in there that anyone not working to their full ability will be asked to leave... at the absoloute discretion of the instructor.

The mind is like a parachute, it only works when it's open.

Posted

even if you are charging for instruction, they still dont really have the right to sue.

any establishment has the right to ban someone if they break the rules.

so if a student breaks the rules you are well within your rights to turn them away.

Now you use head for something other than target.

  • 5 months later...
Posted

I am not an attorney, but I believe you are under no legal obligation to train someone if there is no contract. They can't sue for performance of a contract if one doesn't exist whether they feel humiliated or not. Avoid hurting or humiliating them so there is no personal or emotional injury case. Explain to them privately that you don't provide what they are looking for, and that their needs will be better served elsewhere. They would have no recourse because a case would have no merit, nor would they have any award to recover.

Only as good as I make myself be, only as bad as I let myself be.


Martial arts are like kinetic chess. Your move.

  • 1 month later...
Posted
If I were to open a dojo like the old school, where I didn't charge anything to instruct, but if someone was't trying hard enough, did something counterproductive to your training, etc. I could turn them away, would I get sued? It seems like everybody wants "equal opportunity", even if their kid clearly does not have any respect for the dojo, you, or anything else.

Just a thought - I don't plan on doing that (at least any time soon).

There are things you can do. I have seen posters all of the time in stores and resturants and martial arts schools and everywhere saying "We reserve the right to refuse service" and then some stuff after that.

I would definately kick a trainee out of my classes if that was going on, or if I couldn't trust them with the powers I was giving them. I'd kick them out in a flash and you know what? They'd have to deal with it too.

Posted

Hello, This does happen once and awhile. You get a student..that somehow does not fit well. Thinks they are something. Disrepectfully to all.

They have a choice to sign up for your class. They also have the choice to quit anytime.

AT the same tiime: You as head of the school have the choice who you want to train. Be strong here,humble, and firm...about why you think they should go else where (BE HONEST HERE). Give suggestions on other possilble martial art classes.

Your other students are been affect by this Negative person....you need to remove the problem before it spreads. It is rest of the class that is more important here.

Be polite...let that person know WHY? you feel they can NO LONGER train with you! I'm sure they know...they don't fit well too! ...Aloha

Posted

No they couldnt, to tell the real truth you should have been paid to teach them in the first place.

Hypothetically speaking of course :D

the best fight is one that doesnt happen

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