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parkerlineage
Pre-Black Belt
Joined: 03 Sep 2004
Posts: 948
Location: Redding, CA
Styles: American Kenpo - 12 years; Danzan Ryu Ju Jitsu - Starting! (Dabbled in Wushu, Eagle Claw)
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 Posted: Sat Mar 25, 2006 7:50 pm Post subject: Turning away students... |
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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).
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American Kenpo Karate- First Degree Black Belt
"He who hesitates, meditates in a horizontal position."
Ed Parker |
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patusai
Black Belt
Joined: 11 Nov 2005
Posts: 1648
Location: Palos Hills, IL
Styles: So Ryu, Shorin Ryu, Isshin Ryu
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| Posted: Sat Mar 25, 2006 11:28 pm Post subject: |
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| People sue for any reason now adays so I would imagine that they would still try. |
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lordtariel
Black Belt
Joined: 19 Jan 2006
Posts: 1709
Location: Oregon
Styles: (Past)Judo, Yang Family Tai Chi, (Current)Shito-Ryu Karate, Kobudo(Tonfajitsu)
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| Posted: Wed Mar 29, 2006 12:29 pm Post subject: |
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They might try to sue, but it probably wouldn't go anywhere. What you do as a private organization is your own right. I think it depends more on if you have intrest groups supporting your school. Just make sure that it's in paperwork that they sign that they can be expelled for those reasons. Unfortunatly, we don't have laws that require people who sue and don't win to pay the legal fees of the defendant. That would stop a lot of these friviolous lawsuits.
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There's no place like 127.0.0.1 |
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Spirit At Choice
Orange Belt
Joined: 24 Jan 2006
Posts: 215
Location: USA
Styles: Cuong Nhu
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| Posted: Wed Mar 29, 2006 12:49 pm Post subject: |
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Anybody can sue for any reason. You absolutely can ask for attorney's fees in a counter suit. Facts are, though, that even if you have it in your contract that they agree not to sue, they CAN, because that's the kind of system we have set up.
The good new is, if you cover your bases, you will likely win any suit that gets tossed your way, and the language in the contract will discourage any suits.
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Rejoice and be glad! |
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Red J
Black Belt
Joined: 11 Aug 2002
Posts: 2278
Location: WPB, FL
Styles: Shaolin Kempo Sandan
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| Posted: Wed Mar 29, 2006 3:54 pm Post subject: |
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In your original post your question asked if you were instructing without compensation could you be sued if you dumped a student.
Well it is unlikely that you would be sued and almost guaranteed that it would be dismissed quickly if even entertained. The suit would have no merit as there is no consideration on the part of the person bringing the suit as your are essentially volunteering your time.
People talk about lawsuits all the time. I am in a profession where I hear it all the time. I have yet to see someone "pony up the dough" to hire an attorney over something really stupid. You see the ambulance chasers are not going to take a case against someone without big pockets, so the plaintiff would have to put out a sizeable retainer to have someone even listen to them. In most cases the attorney would tell them that it is a waste of time. That's not to say that it couldn't happen, some psycho might mortgage his house to give you a hard time, but that is rare.
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I had to lose my mind to come to my senses. |
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marie curie
Black Belt
Joined: 18 Oct 2005
Posts: 1023
Location: PA, USA
Styles: Ko Sutemi Seiei Kan Karate, Kajukenbo, Kodokan Judo, Gracie Barra Jiu-Jitsu, Olympic Tae Kwon Doe
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| Posted: Wed Mar 29, 2006 5:39 pm Post subject: |
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Yeh, if you charged someone for a month of training and then denied them, or advertised that you will not teach anyone who is male or anyone with red hair, then that would be a problem, but not as you've described them. 
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You suck-train harder.......................Don't block with your face
A good traveler has no fixed plans, and is not intent on arriving.
-Lao Tzu |
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MartialArthur
Orange Belt
Joined: 26 Oct 2005
Posts: 161
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| Posted: Wed Mar 29, 2006 10:48 pm Post subject: |
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Everyone is a little off on this one.
Any business can choose whoever it wants to do business with, even who they hire. Plenty of businesses openly descriminate against people who do not have a college degree.
As long as you don't refuse memberships based on a person's sex, race, religion, or ethnic origin you can select whoever you like. Once you start a policy of "no methodists" or "no latinos" you are in trouble. Until then, you should be OK selecting who you want to train.
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Whitefeather
Blue Belt
Joined: 11 Oct 2005
Posts: 289
Location: Pacific Northwest
Styles: Shudokan Karatedo
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| Posted: Thu Mar 30, 2006 11:58 pm Post subject: |
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| Quote: |
Any business can choose whoever it wants to do business with, even who they hire. Plenty of businesses openly descriminate against people who do not have a college degree.
As long as you don't refuse memberships based on a person's sex, race, religion, or ethnic origin you can select whoever you like. Once you start a policy of "no methodists" or "no latinos" you are in trouble. Until then, you should be OK selecting who you want to train.
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Yeah, I concur. That is pretty much the case. Although it would not be necessary, it would be wise to make it very clear to students that you reserve the decision of who you teach. Maybe have a disclaimer or something.
David
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"Between genius and insanity, there lies a fine line. I like to think of it as the tip of the diving board."
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"Fight I, not as one that beateth the air" |
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marie curie
Black Belt
Joined: 18 Oct 2005
Posts: 1023
Location: PA, USA
Styles: Ko Sutemi Seiei Kan Karate, Kajukenbo, Kodokan Judo, Gracie Barra Jiu-Jitsu, Olympic Tae Kwon Doe
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| Posted: Fri Mar 31, 2006 7:10 am Post subject: |
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| MartialArthur wrote: |
Everyone is a little off on this one.
Any business can choose whoever it wants to do business with, even who they hire. Plenty of businesses openly descriminate against people who do not have a college degree.
As long as you don't refuse memberships based on a person's sex, race, religion, or ethnic origin you can select whoever you like. Once you start a policy of "no methodists" or "no latinos" you are in trouble. Until then, you should be OK selecting who you want to train.
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Also, you can't have received money from them, and not provide the service without refund.
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You suck-train harder.......................Don't block with your face
A good traveler has no fixed plans, and is not intent on arriving.
-Lao Tzu |
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Holland
Blue Belt
Joined: 15 Apr 2006
Posts: 291
Location: wilmington, nc
Styles: Isshinryu, Okinawan Kobudo
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| Posted: Sun Apr 16, 2006 6:30 am Post subject: |
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I actually run a school like this! I have an arrangement with my church and I use our full court gymnasium to train people as a ministry of our church. (www.capefearisshinryu.com) Originally I did not charge at all, but now the church asks 10 bucks a person or 15 dollars per family to help pay the power bill and such.
About a year ago I had a student show up that was a total poison to what I was trying to do. Her older brother was a brown belt and she started training with the sole purpose (I suppose) of making him, and me as miserable as possible. Most of the time when someone comes to the dojo and they are miserable they quit...but not this one. She spread her misery around.
Eventually after being disrespected (and I am seriously not a respect freak) and seeing my other black belts disrespected, I went to the pastor of my church and explained that I wanted to dismiss her from the program. He supported me fully and told me that who I train is my choice. She is a member of our church, but now in my dojo she is persona non grata.
It was an ugly situation, but one that was necessary. The truth is that it is your choice as to who you want to pass your knowledge onto...no one can force you to teach someone that you do not want to.
Last edited by Holland on Mon Apr 17, 2006 8:16 am; edited 2 times in total |
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on the post.
