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Sohan
Black Belt
Black Belt

Joined: 08 Apr 2006
Posts: 1986
Location: Atlanta
Styles: Shorin Ryu Karate-Do, Muay Thai, Shudokan Karate-Do, Boxing, BJJ, Hung Gar Gung Fu

PostPosted: Sun Apr 16, 2006 8:30 am    Post subject: Reply with quote

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
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"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

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jaymac
Black Belt
Black Belt

Joined: 14 Dec 2005
Posts: 1133

Styles: shotokan (nidan)

PostPosted: Mon Apr 17, 2006 7:35 am    Post subject: Reply with quote

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.
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Maxma
White Belt
White Belt

Joined: 04 Jul 2006
Posts: 19
Location: Virginia, United States
Styles: Tang Soo Do, Tae Kwon Do, Hap Ki Do, Eskrima Silat, Muay Thai, Wing Chun Kung Fu

PostPosted: Thu Jul 06, 2006 11:26 am    Post subject: Reply with quote

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.
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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
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KarateGirl1387
Yellow Belt
Yellow Belt

Joined: 24 Jul 2006
Posts: 29
Location: Minnesota
Styles: (Sport) Karate

PostPosted: Wed Jul 26, 2006 9:58 pm    Post subject: Reply with quote

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
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Jiffy
Black Belt
Black Belt

Joined: 23 Jun 2005
Posts: 1343


PostPosted: Thu Jul 27, 2006 6:48 pm    Post subject: Reply with quote

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.
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Zorbasan
Green Belt
Green Belt

Joined: 27 Jul 2006
Posts: 423
Location: Adelaide
Styles: Shotokan and ICHF Hapkido plus any other style i can get into a seminar on

PostPosted: Tue Aug 01, 2006 10:24 pm    Post subject: Reply with quote

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.
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baronbvp
Black Belt
Black Belt

Joined: 27 Feb 2005
Posts: 1151
Location: Berlin, Germany
Styles: Muay Thai, boxing, JKD/MMA, Shorin Ryu, military combat arts, fencing, archery

PostPosted: Sat Jan 20, 2007 9:14 am    Post subject: Reply with quote

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.
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Martial arts are like kinetic chess. Your move.
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The BB of C
Black Belt
Black Belt

Joined: 11 Feb 2007
Posts: 1264
Location: Orlando, Florida
Styles: Kuk Sool Won, Isshin-ryu, Capoeira, Brazillian Jiu Jutsu, Judo

PostPosted: Fri Feb 23, 2007 7:58 pm    Post subject: Re: Turning away students... Reply with quote

parkerlineage wrote:
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.
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learning kempo-karate
Orange Belt
Orange Belt

Joined: 18 Feb 2007
Posts: 158
Location: Big Island of Hawaii
Styles: Universal Kempo-Karate, Shotokan Karate, Judo

PostPosted: Fri Feb 23, 2007 10:18 pm    Post subject: Reply with quote

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
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a_ninja
Orange Belt
Orange Belt

Joined: 18 Dec 2006
Posts: 174
Location: Laurel, Mississippi
Styles: Green belt in shotokan karte, and know a little about alot of other styles, but not from schools such as kung fu, muay thai, tai kwon do, and weapons

PostPosted: Thu Mar 01, 2007 2:31 pm    Post subject: Reply with quote

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


Hypothetically speaking of course
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