I have a pretty robust liability waiver that all students must sign in order to train at our dojo. I honestly don’t remember having to sign one when I started training over 35 years ago, but today it is standard practice for any martial arts school, fitness center, etc.
A waiver has two basic functions. First, it informs new students and/or clients that there will be physical contact and potential for bodily injury. It also (supposedly) absolves me and the school from any responsibility for said injuries short of gross negligence on my part. Nevertheless, waivers do not prevent lawsuits.
I am continually amazed at the number of people I come across that are oblivious to the fact that there is risk involved in this type of training. Like, very real risk. I vividly remember witnessing a friend dislocate his shoulder during an Aikido Shodan (black belt) test in Japan. Fortunately I had field training for such things as a medic and physical medicine (physical therapy) specialist and I was able to put his shoulder back in place immediately. I placed his arm in a sling, packed him with ice and gave him some Tylenol I had in my bag. He sat out the rest of the day. Test over, come back next year. The train ride back to Misawa would be another six or seven hours the following day. Can you imagine somebody just accepting that in today’s sue-happy world? Unlikely.
Admittedly, during my military career, I was not overly concerned with the safety of my martial arts students. Most were active duty and we all assumed a great deal of risk anyway. Numerous inoculations, hazardous materials, potential for being shot or blown up or taken prisoner were all things we accepted. Worrying about the possibility of a broken nose or busted finger during martial arts training on base was hardly an issue. I don’t know how it is today, but people with different martial arts skills frequently came to my classes to see what I had which usually resulted in a sparring match. And I did the exact same thing. Nobody ever worried about having or signing a waiver because we all understood and accepted the risks.
I was shocked when I started going to some Aikido and Karate dojos in the local area after I retired from the military. A plethora of rules, waiver forms and other such risk-averse actions to ensure people’s safety and to keep from having a lawsuit. Why? I think it boils down to two things: ignorance and greed.
Since starting a website over 10 years ago, I have gone to great lengths to demonstrate what we do here in the dojo. Numerous videos and warnings on our previous site that depict the type of training and the risks involved. Despite my attempts to educate people on the rigors of training, some are still surprised when they are sore the next day and I have lost students because of it. “My shoulders were so sore from all those push-ups I could barely move my arms.” Well, we did two sets of 10 push-ups…and you were on your knees the whole time. I told you push-ups were a primary exercise here. What did you expect? “My neck and back were really sore from rolling.” Well, remember how I kept telling you to slow down, tuck your chin and breathe? I told you that rolling and falling are skills that take time - like, more than one class. What did you expect?
And then, of course, there are jerks out there just looking for any way to make an easy buck. Despite beefy waivers like mine, they find a lawyer and create a lawsuit over nothing. They may not win, but it’s easier and cheaper to settle out of court than trying to prove their dishonesty. The fact that I can’t just accept a potential student without having to make sure he or she understands all of the risks involved has an impact on our initial relationship. But, I have to assume that I really can’t trust people until they prove otherwise. That, however, won't keep me from pursing my passion. It's an acceptable risk.
To be fair, there are a lot of poorly trained martial arts instructors who make it bad for the rest of us. The 18-year-old second degree black belt yelling at and forcing a middle-aged mother of two through a grueling training session is one example. Instructors who get a little too “handsy” with their students really give descent teachers a bad name. I could list other examples, but there are legitimate reasons for suing martial arts schools and teachers.
One of the reasons I enjoy teaching traditional martial arts is the fact that uniforms, rules, customs and courtesies provide moments of contemplation - - a chance for student and teacher to stop and be mindful of what each is trying to achieve. I did not expect the same decorum when I taught in a non-traditional environment and people got hurt more often. Not that there is any less of a risk in traditional forms, just a little bit more clarity and mental awareness. A good dojo will provide an environment for mitigating people’s egos. When that happens, there is generally less of a chance for injury or poor behavior that leads to problems.
Risk is a part of life. People who continuously go out of their way to avoid it just aren’t living to their full potential. This can be said for many things like relationships, college degrees, investments and small business…like a martial arts school. You can avoid all of life’s potential risks if you want. Order Door Dash every day, binge-watch Game of Thrones in your comfy little media room. Stay home and stay safe. Don’t go anywhere, don’t try anything new. Don’t let your kids jump on a trampoline without a net. Or you can step out and live a little. The latter is risky, but you’ll be a heck of a lot more fun and interesting at parties.
Take chances. You only get one ride on this roller coster so you might as well do the loops. Do your research, invest your time wisely, but take some risks. If martial arts is something you always wanted to try, then come to the dojo and at least give it a shot. Just promise you won’t sue me.
Dave Magliano
Tatsu Dojo
Jissenkan Budo
Dojo Cho