Disclaimers?

Discussion in 'Brazilian Jiu Jitsu' started by vaysh, Jul 15, 2017 at 3:25 PM.

  1. vaysh

    vaysh New Member

    Seriously? Is this common practice to ask you to sign these things?
    I'm assuming this is because they can't be bothered with insurance or are keeping the cost down by not having insurance?

    I'm dubious about the practice, also I doubt it's worth the paper it's written on, it seems like an Americanism.
     
  2. Simon

    Simon The Bulldog Admin

    An instructor needs insurance and that's the end of it.

    Here is some information based on UK insurance.

    Insurance
     
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  3. vaysh

    vaysh New Member

    Usually, or at least everywhere else I've ever trained, after a few weeks you buy a licence and insurance, or at least club membership and insurance.
    This made perfect sense.
    Asking you to sign a waver, absolving them of any liability doesn't seem legal or a good idea.
    So I don't understand why BJJ clubs do it?
     
  4. Travess

    Travess Misplaced Melancholy Supporter

    Clubs, pleural? Have you experienced this at more than 1 club? (not under the same umbrella organisation)

    Travess
     
  5. vaysh

    vaysh New Member

    you would be hard pressed to find a none Gracie BJJ club, around here anyway.
    Is this common or not I don't know, I'm not training anywhere they ask you to sign away their responsibility to duty of care.
    So back to the drawing board.
     
  6. Van Zandt

    Van Zandt Mr. High Kick

    Although waivers are classed as legally binding documents, the Unfair Contract Terms Acts means that gym owners cannot exclude or restrict liability for injury or death caused as a result of their negligence.

    Ask to view the gym's insurance documents before signing up. Or you could take out your own student-to-student policy if you're really worried.
     
  7. Hannibal

    Hannibal Angriest MAP resident.... Supporter

    They are common and can mitigate some damages, but they don;t replace insurance

    Generally they make you aware that you are doing contact sport and you might get injured - as long as said injury is within "normal"parameters and not a deliberate or negligent act. They do not sign away your legal rights but they do limit your chances to sue claiming that you thought it was basket weaving

    They AREN'T signing away a duty of care - they are just formalizing the fact you are in for a bit of rough and tumble
     
  8. vaysh

    vaysh New Member

    If I go back will ask to see their insurance.
    If I don't I won't, it does seem very odd to me as any other style I've gone to fall over them selves to sign you up for a year with association licence and insurance, usually after 4 weeks.
     
  9. Dead_pool

    Dead_pool the merc with the mouth

    Full time places will of course have insurance for the instructor, and a lot of them buy automatic person to person insurance for catastophic injuries (if they dont, you can get it through the ukbjja), but having a wavier makes good sense.

    Most BJJ places doent use insurance to make money like the karate etc lot do.
     
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  10. vaysh

    vaysh New Member

    That makes sense.
     
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  11. Southpaw535

    Southpaw535 Active Member Moderator Supporter

    I'm not sure if I signed anything when I joined mine it was a few years back now, but I have signed a consent form for every interclub and I think at least one BJJ comp. I don't imagine it being too uncommon though if you go to an actual gym where things are a bit more of a professional setting. BJJ is probably one of the most "sport" heavy arts so it wouldn't suprise me if this has come common place compared to other arts where you're not doing pressure work and sparring basically from the off every session. Racking my head I think people seemed injured a lot more often doing bjj than got hurt in my experience of kickboxing or mma too. So it might not be the only more "sporty" art and take making sure you're aware of the risks more seriously, but it might be the most injury prone.

    Purely quite limited personal experience and wild guesswork talking though.
     
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  12. Pretty In Pink

    Pretty In Pink Valued Member

    I signed a waiver. The place I'm at is fully insured. Like Hannibal said, it's really just to make you aware that you may (definitely if you stick with it) get injured.

    Although I wouldn't look too closely at insurance, I'd rather watch a class and see how everyone conducts themselves. That's the way you're going to know if injuries will happen.
     
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