The Incident Unveiled: McDojo Breakdown Exposes $46 Million Lawsuit and Challenges Jiu-Jitsu Gym Owners to Prioritize Safety.

In April 2023, the McDojo Breakdown YouTube channel posted a video entitled “The Incident”, which examines the $46 million dollar lawsuit resulting from a tragic 2018 accident at Del Mar Jiu-Jitsu Club in which a student was paralyzed. In addition to a more thorough explanation of the case, McDojo Breakdown cites two key definitions, and issues a challenge to jiu jitsu gym owners.

The two relevant definitions are:

• Negligence - failure to use reasonable care resulting in damage or injury to another.

• Intent - intention or purpose.

  The challenge for gym owners is this: How will you move forward with intent towards keeping your students safer, and avoiding your own negligence case? And what have you learned from this case that you will use to make your students safer? At Jiu Jitsu Insurance, we believe that every gym owner should be asking themselves these questions, and documenting their answers in a risk management plan. This lawsuit reminds all of us that tragic accidents do happen, even despite the best efforts and intentions of coaches and gym owners. In a worst case scenario where you are taken to court for a similar case, there will be a heavy focus on the details of your risk management plan, both during the trial, and on applications for the insurance companies defending you. The court and the insurance companies will want to know not only that you have a strong risk management plan in place, but that all of your coaches, volunteers, and employees are aware of the plan, and that it is reviewed on a regular basis. Our main recommendations for jiu jitsu gym owners are as follows:

  Have a strong risk management plan in place, and make sure to review it regularly with all staff and volunteers.

  Make sure that your insurance policies are up to date. Even if you think they are, it’s worth it to double check - some insurance payments were paused during COVID, which led to some gym owners forgetting to restart their payments, leaving them without the essential coverage they thought they had.

  Know exactly what your gym insurance policy covers.

  Does your liability insurance cover the specific activities in which students participate in your gym? Not all policies cover jiu jitsu or mixed martial arts activities. Are open mat participants covered under your policy? What about coaches and other staff?

Our final and most important recommendation for jiu jitsu gym owners is this: never assume!

Don’t assume that your policy is up to date or that your premiums are paid, take the time to check. Don’t assume that everyone who needs coverage (coaches, employees, volunteers, open mat participants) is covered—make sure to check. Don’t assume that all of your gym’s activities are covered—always, always check.

If you need more information on risk management plans, policy details, or any other questions about insurance for your jiu jitsu school, give Jiu Jitsu Insurance a call. Learn from the tragedy of the Del Mar Jiu-Jitsu Club case—make sure you are protecting your students, your school, and yourself.

Here are a few examples of mistakes bjj gym owners make when buying liability insurance for their gym.

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Revamping Safety: Brazilian Jiu Jitsu's New Era of Risk Management.

The landscape of the Brazilian Jiu Jitsu (BJJ) industry experienced a seismic shift following the recent $46 million lawsuit against Del Mar Brazilian Jiu Jitsu. The repercussions of this landmark case have been far- reaching, impacting how gym owners operate and how they perceive and manage risks within their training environments. It has raised questions about established practices, and heightened scrutiny, and compelled gym owners to revisit their risk management plans.

Importance of Risk Management in Brazilian Jiu-Jitsu Gyms

We are keenly aware of the significant role that risk management plays in Brazilian Jiu-Jitsu gyms. Our perspective is that a comprehensive risk management plan must be thoroughly conceptualized, well documented, and regularly reviewed with all gym personnel, including coaches and other employees. This approach highlights the complex responsibilities of gym owners in devising, continually refining, and effectively communicating risk management strategies.

Creating a conducive training environment that is safe, healthy, and beneficial for trainers and trainees alike is largely the responsibility of the owners. Understanding that risk awareness is a collective duty beyond simple knowledge and adherence is essential. In this setting, coaching staff and gym employees are equally vital in ensuring the successful implementation of these risk management plans.

A New Era of Protocols and Procedures

The recent Del Mar lawsuit has instigated a transformational shift, encouraging gym owners to reconsider their conventional operational practices. While previously employed strategies may have been successful, adaptation and innovation are now paramount. This legal development has required a comprehensive review of gym policies, leading to an amplified focus on potential juror viewpoints.

At JiuJitsuInsurance.com, we strongly believe that Brazilian Jiu-Jitsu gym owners need to reassess their operations in light of this lawsuit. The legal action has ushered in new protocols and procedures that demand consideration. Understanding the judicial viewpoint from which gym operations might be assessed has never been more crucial.

Without question, this emerging era of protocols and procedures underscores the significance of sensible risk management in Brazilian Jiu-Jitsu gyms. As the industry grapples with these changes, gym owners, coaches, and trainers must equip themselves with the necessary knowledge, strategies, and resources to manage risks responsibly and effectively.

Utilizing Outside Resources for Risk Management

In the wake of the Del Mar lawsuit, now's a great time to draw wisdom from others in the sport for risk management. The Jiu-Jitsu community has access to a multitude of resources, many of them available right at our fingertips. For instance, YouTube offers extensive content from seasoned practitioners who share invaluable insights into reducing risks at the gym. A standout voice amidst these is that of John Danaher, renowned Brazilian Jiu-Jitsu and mixed martial arts instructor and coach from New Zealand, recognized for his authoritative and strategic approach to injury prevention.

John Danaher on Reducing Injury Risk in Brazilian Jiu Jitsu

John Danaher's perspective on risk management in Brazilian Jiu-Jitsu gyms sheds light on how the culture and environment within these spaces play a critical role in mitigating injury risk. His philosophy pivots on a singular keyword - 'control.’

John Danaher says that there is one word he uses to describe how you can manage the culture and the environment in your gym to reduce the risk of student injury. The more controlled the movement and even the minds of Jiu-Jitsu practitioners, the lower the injury rate.

In this ethos, control is twofold; it refers to the physical control of movement during training, but it also emphasizes mental control, specifically the ability to regulate emotions, competitiveness, and the overall mindset during a match or practice.

How Control Impacts Injury Rates

John Danaher elaborates on control: "If you make control rather than outcome the central focus of both yourself and your training partners, you will find injury rates, particularly small-scale injury and severe injuries, go down over time."

This indicates that a shift in focus can make a world of difference. Prioritizing control of the body and mind over the outcome of a match or session results in fewer injuries over time. This means fostering a gym culture that prizes mutual respect and self-control, understanding that these are the building blocks of a safe training environment.

Gym culture plays an outsized role in injury prevention. If both gym owners and practitioners committed to fostering an environment where control and safety are at the helm, the impact on injury rates will be profound. The idea is not just about winning or mastering techniques but about learning, growing, and practicing in a way that values every individual's safety and well-being.

By integrating such strategies and philosophies into their risk management plans, gym owners can mitigate the likelihood of incidents and cultivate a culture that puts safety first. John Danaher's insights can serve as a guidepost in this endeavor, helping owners and coaches shape the ethos of their gyms.

Turning Risk into Control: The Future of Brazilian Jiu-Jitsu Gyms

The Del Mar Brazilian Jiu Jitsu lawsuit marks a turning point in the industry, compelling gym owners to reevaluate their risk management plans. John's assertion that "control rather than outcome" must be the central focus in the gym culture for injury rates to reduce over time rings louder now more than ever. Gym owners need to be proactive in creating safer environments for their students and staff. This not only ensures their well-being but also reduces legal risks. Should you need guidance on liability insurance or other methods to minimize risk in your gym, do not hesitate to reach out.

Together, we can create a safer Brazilian Jiu-Jitsu community.

The Del Mar Jiu-Jitsu Case: Implications for Martial Arts Liability & Insurance.

This article delves into the significance of the Del Mar Jiu-Jitsu case and its implications for martial arts liability and insurance. Attorney Gabe D'Antonio's comprehensive overview of the jury verdict provides valuable insights into the reasoning behind the ruling. Moreover, the article highlights essential risk management strategies for gym owners, emphasizes the importance of appropriate insurance coverage, and stresses the need for gyms to regularly review and update their risk management plans.

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The Del Mar Jiu-Jitsu Case: Implications for Martial Arts Liability & Insurance.

On May 4th, 2023, Attorney Gabe D'Antonio of Gordon & Rees released a comprehensive paper on the $46 million jiu-jitsu lawsuit. In his well-written overview, Attorney D'Antonio, who is an avid practitioner of jiu-jitsu alongside his legal practice, offers insights into the jury verdict, outlining its implications for the sport now and in the future. Titled "What Del Mar Jiu-Jitsu Case Means for Martial Arts Liability," this article is a valuable resource for gym owners seeking a deeper understanding of the ruling. You can read the full article by clicking here >>. 

What Can BJJ Gym Owners Do Now To Manage This Risk?:

As a prominent case within the Jiu Jitsu community, the Del Mar Jiu-Jitsu lawsuit stands as a reminder that legal battles like this can and do happen in our community, and should not be taken lightly. It also carries a significant message for BJJ gyms: a call to action to thoroughly evaluate and review their risk management plans moving forward. This lawsuit serves as a wake-up call, urging gym owners to prioritize the safety of their participants and take proactive measures to protect against potential liabilities. Within his article, Attorney Gabe D'Antonio emphasizes two crucial risk management strategies that gym owners can implement immediately, to reduce potential liabilities at their facilities:

1. Acknowledging Potential Bodily Harm: Gym owners and operators must never downplay or ignore the physical injuries that can arise from martial arts training. Gym owners can set a precedent for safety and responsible training by recognizing and communicating the inherent risks to participants.

2. Enforcing Discipline and Compliance: Attorneys D'Antonio urges gym owners to be confident when removing students or instructors who fail to follow instructions and the rules, regardless of their belt rank. Gyms can ensure a safer training environment for all participants by maintaining strict discipline and enforcing compliance when it comes to training safely.

Attorney Gabe D'Antonio's two recommendations serve as an excellent starting point for gyms that are in the process of reviewing or creating a comprehensive risk management plan. By emphasizing the importance of acknowledging potential bodily harm and enforcing discipline and compliance, these guidelines place a strong focus on the safety and well-being of BJJ participants. Having a well-developed and regularly reviewed risk management plan is absolutely crucial for ensuring the safety of all participants on the BJJ mats and it should not be overlooked, as in any legal case involving injuries in mixed martial arts, both the defendants and the gym itself will be scrutinized.

A comprehensive risk management plan not only safeguards the well-being of participants but also serves as a vital tool in legal trials, emphasizing the gym's commitment to safety and minimizing potential liabilities. 

The Importance of Keeping Gym Insurance Policies Up to Date:

In addition to discussing risk management strategies in the paper, D'Antonio summarizes the entire situation with a warning to the martial arts community, stating that the long-term effects of the Greener case on the legal practice and martial arts community are yet to be fully understood. He concludes that while it is of hope that this case is an isolated incident, a more realistic expectation is an increase in litigation arising, and advises that BJJ gym owners should have their liability insurance programs reviewed yearly to ensure proper coverage for their unique risks.

Subsequently, Brazilian Jiu-Jitsu Academies should double-check to ensure that their commercial insurance policy provides appropriate coverage for participants in those insurance policies. For example, it is not uncommon for insurance companies to issue general liability insurance to BJJ gym owners and exclude liability for the participants. The problem is that although that type of insurance coverage may be easy to find or cheap to purchase, that contract exposes the gym owner to lawsuits that arise from allegations similar to those from the Jack Greener case. Neglecting participant liability coverage could result from various factors:

1. Lack of Specialization: Insurance agents or brokers who lack expertise in sports or martial arts insurance may overlook the specific needs and risks associated with BJJ or MMA gyms, inadvertently omitting participant liability coverage from the policy.

2. Miscommunication: Poor communication between gym owners and insurance agents can lead to errors. If the gym owner fails to express their need for participant liability coverage clearly, or if the agent overlooks critical aspects of the gym's operations, the resulting policy may not provide the necessary coverage.

3. Assumptions or Generalizations: Insurance agents may make assumptions or rely on generalizations about coverage requirements for businesses in specific industries. In the case of BJJ or MMA gyms, they might mistakenly assume that general liability policies cover participant injuries without thoroughly understanding the unique risks involved.

4. Policy Exclusions: The insurance policy may contain exclusions or limitations easily overlooked or misunderstood. Complex language or buried information in the policy documentation could result in the gym owner and agent missing key details.

5. Lack of Risk Assessment: With a comprehensive risk assessment for the gym, insurance agents may fully grasp the potential risks associated with participant injuries, leading them to pay attention to the need for specific participant liability coverage.

To prevent such oversights, gym owners should seek insurance professionals specializing in sports and recreation, particularly martial arts or combat sports like the insurance brokers at JiuJitsuInsurance.com. Our insurance specialists who also train in the martial art better understand the unique risks involved and can provide appropriate coverage options that address participant liability concerns like these. 

Common Mistakes When Choosing Insurance Coverage.

Owning a jiu jitsu gym comes with significant responsibility. Protecting your business from lawsuits and claims is crucial. Purchasing a commercial general liability insurance plan can help. But, selecting the right coverage can be complex, and mistakes can be costly. In this article, we'll explore common mistakes jiu jitsu gym owners make when choosing insurance coverage and provide guidance on how to avoid them.

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Jiu Jitsu Gym Owners Beware: A Common Mistake When Choosing Insurance Coverage.

Running a jiu jitsu gym comes with significant responsibility, and protecting your business from potential lawsuits or claims resulting from injuries sustained by gym-goers or visitors is crucial for business planning. One way that BJJ schools manage such risks is by investing in commercial general liability insurance programs. However, it's essential to note that not all policies provide the same level of coverage. As a jiu jitsu gym owner, it's imperative to identify the specific coverage you need to operate your gym and avoid mistakes while purchasing it. In this article, we will highlight one of the most common errors we've seen gym owners make when selecting insurance coverage for their jiu jitsu academy.

What's the #1 insurance mistake BJJ gym owners make?

The most significant mistake that jiu jitsu gym owners make is purchasing a bare minimum "general liability policy" that may not extend to participants in their gym's activities. Although general liability insurance can cover third-party injuries or property damage caused by the gym or its employees, it may not cover injuries sustained by participants in jiu jitsu training or competitions.

This is an example of an insurance policy for a “health club” who is offering BJJ, but it does not include liability coverage for the martial arts activities. *Sent to us by a gym owner who received this quote from another agent.

What is participant liability insurance coverage for BJJ?

Not all commercial liability policies provide participant liability insurance coverage. Participant liability coverage is designed to protect businesses that offer sports or fitness activities, such as jiu jitsu schools, against liability claims arising from injuries sustained by participants in those activities.

Gym owners should know that while some commercial liability policies may offer some form of participant liability coverage, it is not always included by default. Businesses that offer sports or fitness activities should check with their insurance provider to determine whether their commercial liability policy includes participant liability coverage. If not, they should consider purchasing it as an additional coverage or as a separate policy to ensure that their gym and participants are adequately protected.

It is crucial to ensure that your jiu jitsu gym has the appropriate insurance coverage to protect against potential lawsuits or claims arising from injuries sustained by gym-goers or visitors. As such, it is essential to review your policy regularly, preferably annually, to make sure that it covers all the activities in your gym adequately.

At JiuJitsuInsurance.com, we understand the unique insurance needs of jiu jitsu gyms and can assist you in reviewing your insurance policy to ensure that it provides the coverage you need for the activities in your gym. We can help you identify any gaps in your coverage and recommend appropriate insurance products to fill those gaps, including participant liability coverage.

At the end of the day protecting your jiu jitsu gym and its participants should be a top priority, and a regular review of your insurance coverage is a critical part of that process. Contact us at JiuJitsuInsurance.com today to get assistance in reviewing your policy and ensure that you have the appropriate coverage.

What else should a bjj gym owner know about insurance?

If you are a gym owner getting ready to review your liability insurance program, then you will want to check out this next article where we will explore three important endorsements for your jiu jitsu school. Click here >>>

Win or Learn - Lessons Learned from a BJJ Lawsuit.

Jiu-jitsu is a highly physical and demanding sport that requires rigorous training and discipline. However, the risk of injury is always present, and instructors must prioritize their students' safety. Fortunately, valuable lessons can be learned from the Jack Greener lawsuit, which has shed light on the importance of risk management in the jiu-jitsu gym.

Recently, Rener Gracie shared his findings from the Jack Greener case with the jiu-jitsu community. The case highlighted some critical lessons that can be applied from a risk perspective in the jiu-jitsu gym. One of the most important takeaways is the need to properly train and prepare students for the moves they will be experiencing. This legal case seemed to favor the idea that students should be taught the jiu-jitsu technique before it is used on or against them during full-intensity live sparring. This technique awareness helps to minimize the risk of injury even if the BJJ move is performed incorrectly. Additionally this case sends a message to BJJ instructors that they should be cautious in training with lower belts and while rolling should only attempt specific techniques if they have complete control over themselves, and their students.

The Jack Greener lawsuit has also identified several "rules of thumb" that coaches should consider regarding student safety in BJJ gyms. These include prioritizing student safety as a jiu-jitsu coach and assessing and minimizing all risks, especially when working with white belts.

Coaches should also avoid being overly aggressive during sparring sessions, as it is a time for learning, not winning. When performing moves that put the neck and spine at risk, instructors must have control over their students as well as when applying spinal submissions or movements, they must also maintain control over themselves.

To create a safer training environment for their BJJ students, gym owners should create or review their risk management plan. This plan should outline how the gym will execute risk management strategies to ensure the safety of its students. The four key focus areas for the risk management plan should be risk identification, risk assessment, risk mitigation, and activity monitoring. By identifying potential risks, assessing their likelihood and potential impact, and taking steps to mitigate them, gym owners can create a safer training environment for their students. Additionally, monitoring all gym activities can help identify and address any potential risks before they become a serious problem.

Recently, Chris Martin, an agent at JiuJitsuInsurance.com who helps gym owners find insurance for their jiu-jitsu gyms, appeared on the "Enter The Guard" podcast. He further discussed these critical lessons and the importance of risk management in the jiu-jitsu gym and explained that jiu-jitsu instructors must prioritize their students' safety and take the necessary precautions to ensure they can train effectively without risking injury.

By following these guidelines and developing a comprehensive risk management plan, gym owners can create a safer and more effective training environment for their students while reducing liability at their gym.

WHAT WILL INSURANCE FOR MY BJJ SCHOOL COST?

If you are opening up a BJJ school you might want to know what it might cost to pay for your gym insurance. This video is a breakdown of what you can expect to budget for the coverage you need when you open a school. Read more >>

Guarding Your Practice: 3 Essential Insurance Add-Ons for Jiu Jitsu Gym Owners

Starting your own Jiu Jitsu gym can be an exciting and rewarding venture, but it also comes with its own set of risks and challenges. One of the most important aspects of running a successful Jiu Jitsu gym is having the right insurance coverage in place to protect yourself and your business.

However, many Jiu Jitsu coaches who open their own gyms may not have a clear understanding of what type of insurance they need, and how to properly add endorsements to their policies. This lack of knowledge and understanding can leave gym owners at risk, and potentially facing legal and financial liabilities.

In this article, we will explore the importance of having proper insurance coverage for your Jiu Jitsu gym, and why adding endorsements to your policy is crucial for protecting your business. We'll discuss three common endorsements that Jiu Jitsu gym owners should consider adding to their policies, and how these endorsements can provide additional coverage for specific risks and situations. By the end of this article, you'll have a better understanding of how to protect your Jiu Jitsu gym with the right insurance coverage, and how to ensure that your business is fully protected against potential risks and liabilities that are not always covered in every bjj gym insurance policy. 

What is an insurance company endorsement?

In the context of a Jiu Jitsu business liability insurance policy, an endorsement is a modification to an existing policy that adds, removes, or changes coverage. This specific provision extends or modifies the terms and conditions of the policy to provide additional coverage for certain risks.

Endorsements are typically written documents that are attached to the policy and become part of the policy's terms and conditions. They can be added to a policy at any time, but usually require an additional premium to be paid and reporting to your insurance broker to add them.

As a Jiu Jitsu gym owner, it's important to have the right insurance coverage to protect yourself and your business. That's why in this article, we will discuss three crucial endorsements that every Jiu Jitsu gym owner should consider adding to their policy. 

The three  endorsements that we will be discussing in this article include adding 1099 independent coaches to your gym policy, getting insurance coverage for in-house events, and adding a hired and non-owned auto liability endorsement for driving students to and from events or outside the gym activities.

1) Hired and Non-Owned Automobile Insurance: If a Jiu Jitsu gym owner regularly transports athletes or spectators using vehicles, it's crucial to have the right insurance coverage in place. Purchasing hired and non-owned automobile liability coverage can be a smart option to protect against third-party claims that may arise from accidents during transportation to events or competitions. 

By adding hired and non-owned automobile liability coverage to your insurance policy, you can ensure that your Jiu Jitsu gym is fully protected against the risks associated with vehicle transportation. This coverage can be an essential risk management tool for gym owners who frequently transport people, and can provide peace of mind knowing that your business is covered in the event of an accident or other incident.

2) Coverage for 1099 independent coaches: If you're a Jiu Jitsu gym owner who hires independent contractors to teach classes, you need to have the right insurance coverage in place to protect your business. Adding endorsements for 1099 employees to your insurance policy can provide coverage for accidents or injuries that may occur during classes taught by independent contractors.

These endorsements are crucial for mitigating potential liabilities and protecting your business from costly legal and financial risks. Additionally, having the right insurance coverage can help attract high-quality independent contractors to your gym. 

3) Adding coverage for in-house events: As a Jiu Jitsu gym owner, it's crucial to have the right insurance coverage in place to protect your business and your students. This includes having endorsements for in-house Jiu Jitsu exhibitions or tournaments. 

Endorsements for in-house events can provide coverage for potential liabilities that may arise during exhibitions or tournaments, such as injuries to participants, spectators, or damage to property. Without the right insurance coverage, gym owners could be exposed to costly legal and financial liabilities that could potentially put their business at risk.

In conclusion, as a Jiu Jitsu gym owner, it's crucial to have the right insurance coverage in place to protect your business and your students. Adding endorsements for hired and non-owned automobile liability, 1099 employees, and in-house Jiu Jitsu exhibitions or tournaments to your insurance policy can provide coverage for potential liabilities that may arise during these activities.

However, it's important to note that every insurance policy is different, and it's essential to speak with your insurance agent to make sure you have the right coverage in place for your gym's specific needs. Your insurance agent can help you understand the coverage limits and exclusions of your policy and provide guidance on which endorsements may be necessary to adequately protect your business.

Ultimately, taking the time to ensure you have the right insurance coverage in place can help protect your gym from potential legal and financial liabilities, attract high-quality talent to your gym, and build a strong, loyal community of students and participants. Don't hesitate to speak with your insurance agent about adding these crucial endorsements to your policy today.

DO I NEED SEXUAL ABUSE AND MOLESTATION INSURANCE FOR MY JIU JITSU GYM?

Jiu Jitsu gym owners may need sexual abuse and molestation (SAM) insurance coverage to protect their gyms against financial losses resulting from lawsuits and claims related to sexual abuse, physical abuse, or other forms of misconduct that occur within their business. Find out if you need this type of insurance for your BJJ School. Read more >>

Do we need Incident reporting at our BJJ gym?

Jiu Jitsu is a martial art that requires discipline, respect, and a commitment to learning. As with any physical activity, there is always a risk of injury, and it's important to have a system in place to address incidents that occur in the gym. Incident reporting is a critical aspect of maintaining a safe and supportive training environment. By having a clear protocol for reporting accidents or injuries, gym owners and instructors can quickly identify and address any potential safety issues. This not only helps to protect the students, but also helps to prevent future incidents from occurring. In this blog post, we will explore why it's important that a Jiu Jitsu gym has a system for incident reporting, and how this system can help to create a safe and supportive training environment for all students.

In addition to maintaining a safe and supportive training environment, having a system for incident reporting is also important from a legal perspective. In the event of an accident or injury, a gym may be subject to legal action. In these situations, having accurate and detailed records of past incidents can be crucial in defending against lawsuits.

Without a system for incident reporting, it can be difficult to remember the details of past incidents. Over time, memories can fade, and important details may be forgotten. By implementing a system for incident reporting, gym owners and instructors can ensure that accurate and detailed records are kept for every incident that occurs. This information can be crucial in defending against legal action and protecting the gym and its students.

Furthermore, a system for incident reporting can also help to identify potential safety issues and areas for improvement. By reviewing incident reports, gym owners and martial arts instructors can identify patterns or trends in the types of incidents that occur. This can help to identify areas where additional training or safety measures may be needed to prevent future incidents.

An incident report is a formal document that provides a detailed account of an accident or injury that has occurred in the gym. It is important to document incidents as soon as possible, ideally immediately following the incident while the details are still fresh in everyone's minds. This ensures that accurate and detailed information is captured, which can be used to address the issue and prevent future incidents from occurring.

When documenting an incident, the report should include the following information:

1. Date and time of the incident.

2. Location of the incident.

3. Names and contact information of all individuals involved in the incident, including witnesses.

4. Description of the incident, including what happened, how it happened, and what injuries were sustained.

5. Any actions taken immediately following the incident, such as administering first aid or contacting emergency services.

6. Contact information for any medical professionals who treated the injured party.

7. Any relevant photos or videos of the incident or injuries.

8. A conclusion or summary of the incident, including any follow-up actions that were taken or that need to be taken in the future.

It is important to be as detailed and accurate as possible when documenting an incident. The report should be objective and avoid assigning blame or making assumptions about what happened.

By documenting incidents in a clear and detailed manner, gym owners and instructors can help to create a safer and more supportive training environment for their students. This information can also be used to identify patterns or trends in incidents, allowing gym owners and instructors to take proactive measures to prevent future incidents from occurring.

In summary, having a system for incident reporting is not only important for maintaining a safe and supportive training environment, but also for protecting the gym from legal action and identifying areas for improvement. By implementing a system for incident reporting, gym owners and instructors can help to ensure the safety and well-being of their students, while also protecting themselves from potential legal action.

Do I need sexual abuse and molestation insurance for my jiu jitsu gym?

Jiu Jitsu gym owners may need sexual abuse and molestation (SAM) insurance coverage to protect their gyms against financial losses resulting from lawsuits and claims related to sexual abuse, physical abuse, or other forms of misconduct that occur within their business. This type of insurance provides coverage for the costs of legal defense, settlements, and judgments in the event of a lawsuit against coaches, owners, or employees at your gym.

Jiu Jitsu gyms often involve close physical contact and a power dynamic between instructors and students, which can create an environment that is susceptible to abuse. Even with thorough background checks, policies, and procedures in place, abuse can still occur, and gym owners must be prepared to respond to such incidents. Having abuse (SAM) insurance in place can help mitigate the financial risk and protect the gym's assets in the event of a lawsuit.

Examples of abuse or misconduct that could occur in a Jiu Jitsu gym include:

1. Physical abuse such as hitting, slapping, or choking. 

2. Sexual abuse or harassment, including unwanted touching or sexual advances.

3. Verbal abuse, including yelling, screaming or shouting insults.

4. Emotional abuse, including bullying or intimidating behavior.

5. Discrimination based on race, gender, sexual orientation, or religion.

6. Unprofessional conduct, such as using drugs or alcohol while training.

7. Negligence, such as failing to properly supervise students or provide a safe training environment.

It's important to note that any type of abuse or misconduct is unacceptable and should be reported immediately to the appropriate authorities. In the meantime, a Jiu Jitsu gym owner can take several steps to mitigate the risk of abuse in their gym, including:

1. Develop and implement clear policies and procedures regarding abuse and misconduct, and make sure that all staff, students, and volunteers are aware of these policies.

2. Conduct thorough background checks on all instructors and employees, and consider using additional screening tools, such as fingerprinting and sex offender registry checks.

3. Provide training for instructors and staff on how to recognize and report abuse and misconduct.

4. Encourage open communication with students and parents, and provide clear guidelines for reporting abuse and misconduct.

5. Ensure that there is adequate supervision of students and staff during training sessions and events, and limit one-on-one training sessions as much as possible.

6. Regularly review and update policies and procedures, and be proactive in identifying and addressing potential risk factors.

7. Have abuse insurance coverage in place to provide financial protection in the event of a lawsuit or claim related to abuse or misconduct.

By taking these steps, a Jiu Jitsu gym owner can help create a safe and positive environment for students and staff, and reduce the risk of abuse and misconduct.

Does it really happen? 

High-profile cases involving allegations of abuse in Jiu Jitsu have been widely reported in the media and can be easily found through online searches and news articles. I would advise conducting a search using keywords such as "Jiu Jitsu abuse court cases" or "Jiu Jitsu misconduct lawsuits" to find more information on these cases.

If a Jiu Jitsu gym owner is accused of misconduct and does not have insurance to cover the cost of legal defense, they may face significant financial consequences. They will have to bear the cost of legal representation and any damages that may be awarded in a court of law. In some cases, they may also have to pay out of pocket for settlements, court fees, and other related expenses.

The lack of insurance coverage can also have a negative impact on the reputation of the gym, making it more difficult to attract new students or retain existing ones. In severe cases, it can lead to the closure of the gym and financial ruin for the owner.

It's important for gym owners to have appropriate liability insurance in place, not only to protect against the cost of legal defense, but also to ensure that they are adequately covered in the event of any claims of abuse or misconduct.

Getting the coverage: 

Not all liability insurance policies cover abuse. While some insurance policies may provide coverage for abuse or misconduct, it is not a standard inclusion in all policies. The coverage for abuse and misconduct may vary depending on the specific policy, the type of insurance, and the insurance company. 

Typically this kind of insurance (SAM) is not included in standard insurance packages but can be added to a “business owner package” of gym insurance for only a couple hundred dollars per year. When applying for the sexual abuse and molestation (SAM) insurance coverage for your gym the insurance company you are applying with might ask you the following questions on your enrollment, and they expect you to answer "Yes" if they are going to provide you with this type of protection:

1. Does your staff (paid and volunteer) employment application include questions about whether the individual has ever been convicted of any crime, including sex-related or child abuse related offenses? 

2. Do you routinely conduct background checks on all employees and volunteers working with youth? 

3. Do you have written procedures in place to prevent situations where participants are alone with an individual staff member?

If you are not already practicing the above employment diligence at your gym then we suggest that you use the information in this article or request assistance from your attorney to create best practices for your gym that incorporate the steps necessary to mitigate the risk and insure that you are protected legally. 

All in all, it is important to carefully review the terms and conditions of any insurance policy to determine what is covered, including any exclusions or limitations that you might find in a commercial insurance policy for your jiu jitsu gym because SAM insurance is not always included in every plan. It is also a good idea to consult with a licensed insurance professional for guidance and clarification on what types of incidents may be covered as you shop out your commercial insurance program.

The basics of insurance and waivers for a bjj gym.

One of the biggest misconceptions that we hear from jiu jitsu gym owners is that they think that because their students have filled out a waiver to participate at their gym then they are completely protected. That is not necessarily the case. Waivers may not always protect the gym or its instructors from liability in the event of an injury or accident. Waivers also will not protect you from defense costs in fighting claims in court.  Additionally, many landlords and lenders may require proof of insurance before allowing a gym to operate on their property. Simply put, if you are planning to open up a jiu jitsu studio it has to be a top priority to make sure you have a rock solid waiver as well as special insurance policies that pay for any defense costs or judgements related to activities at your business or its employees.

In this article we will provide you with some basic guidelines to follow when creating or reviewing your jiu jitsu schools waiver as well as cover the basics of the type of insurance coverage you will want to evaluate for your gym as well. 

What should the waiver say?

A waiver for a jiu jitsu school should clearly state that the participant is aware of the risks associated with the sport and is voluntarily choosing to participate. The waiver should also release the school, its instructors, and any other associated parties from liability for any injuries or accidents that may occur as a result of participation in the sport.

Here are some key points that a waiver for a jiu jitsu school should cover:

A statement acknowledging that jiu-jitsu is a contact sport and that there is a risk of injury.

A release of liability for the school, its instructors, and any associated parties for any injuries or accidents that may occur as a result of participation in jiu-jitsu.

A statement that the participant is participating voluntarily and is not under duress.

Any medical or health related information that the participant should inform the school before participating.

A statement that the participant understands and agrees to abide by the school's rules and regulations.

It's also recommended to have a legal or insurance professional to review and approve the waiver. It's also important to note that waivers alone may not always be enough to protect the school or its instructors from liability, and insurance is still recommended.

What types of insurance should I have for my bjj gym?

It is generally recommended to have insurance for a jiu jitsu gym, even if students sign waivers. In addition, as a Jiu Jitsu gym owner, ensuring the safety and well-being of your students and staff should be a top priority, especially with combat sports. 

In addition to having the students sign a waiver after reviewing the assumed risks with them, another way to protect your business is by having the right insurance coverage in place. 

With so many different types of insurance available, it can be overwhelming for a gym owner to determine which policies are essential for your gym. In this section, we will discuss the specific types of insurance that all Jiu Jitsu gym owners should consider in order to protect their business, students, and staff.

To start, it is best to consult with an insurance agent or attorney to determine the specific insurance coverage that you should have based on your activities and exposure to possible risk. In addition you will need to speak with the landlord on the property that you are renting from to find out what requirements they have for you before buying your plan. 

Many times you can purchase business owner policy (BOP) for a Jiu Jitsu gym which typically includes coverage for a variety of risk, such as:

Property coverage: This includes coverage for damage to the gym building and equipment due to fire, theft, and other perils.

General liability coverage: This protects the gym against lawsuits and claims arising from accidents that occur on the property.

Business interruption coverage: This provides financial assistance for the gym owner in the event that the gym must close temporarily due to a covered loss, such as a fire.

Accidental Medical Coverage: Medical payment coverage can be added to your jiu-jitsu school’s liability insurance policy to help cover the costs associated with medical expenses for bodily injury caused by an accident, regardless of fault.

Products and completed operations coverage: This provides protection for lawsuits resulting from products sold or services provided by the gym.

Professional liability, or “errors and omissions” (E&O) insurance: protects you and your staff against claims of negligence.

Abuse & Molestation Coverage: Covers defense and possible judgments for misconduct of teachers, or even abuse. 

Umbrella liability coverage: This provides extra liability coverage for the gym, beyond what is provided by the general liability policy.

Equipment Coverage: provides protection for gym equipment such as mats, or merchandise lost from damage. 

It is important to note that the specific coverage included in a package for a Jiu Jitsu gym can vary depending on the size and type of the gym, as well as the specific activities the gym offers. It's always best to work with a licensed insurance agent to determine the coverage that is right for your business.

In conclusion, having waivers and liability insurance for your BJJ gym is an essential step in protecting both you and your students. It helps to ensure that your gym runs smoothly and reduces the risk of any potential legal issues. It’s important to take the necessary steps to safeguard your business and your students, so make sure you have the right coverage in place. With a solid foundation in place, you can focus on what really matters - providing a safe and enjoyable training environment for all of your students.

WIN OR LEARN - LESSONS LEARNED FROM A BJJ LAWSUIT.

Valuable lessons can be learned from the Jack Greener lawsuit, which has shed light on the importance of risk management in the jiu jitsu gym. By following the guidelines in this article and developing a comprehensive risk management plan, gym owners can create a safer and more effective training environment for their students while also reducing liability at their gym. Read more >>