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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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 >>

Mistakes BJJ gym owners make when buying liability INSURANCE.

Jiu-jitsu gym owners make several mistakes when it comes to buying liability insurance, which can result in inadequate coverage or unnecessary expenses. In this article we will cover what some of those mistakes are as well as provide you with some tips for shopping out the right type of insurance coverage for your jiu jitsu, or mixed martial arts gym.

In the meantime, feel free to text, email, or message one of our insurance brokers who can guide you in the right direction and make insurance recommendations based on your specific needs and activities at your martial arts school.

Some common mistakes jiu jitsu gym owners make when buying liability insurance:

1. Not understanding the coverage: Gym owners may not fully understand the coverage provided by their insurance policy, which can result in gaps in coverage or purchasing unnecessary coverage. It's important to have a clear understanding of what your policy covers and what it doesn't. One example of this is assuming that your gym liability insurance also covers your in-house scrimmages, tournaments, or competitions. This is not often the case which is why it is important understand what you have so that you can pick up supplemental coverage to cover your Jiu Jitsu events if needed.

2. Not having enough coverage: Gym owners may purchase liability insurance with lower limits than what they actually need, which can result in inadequate coverage in the event of a claim.

3. Not regularly reviewing and updating the policy: Gym owners may purchase a policy and then forget about it, which can result in coverage that doesn't reflect the current risks and exposures of the gym. We see this alot with BJJ gyms who start out just offering jiu jitsu classes but add fitness kickboxing, or mma classes a few years later without updating their insurance policy.

4. Not shopping around: Gym owners may purchase insurance from the first company they find, without shopping around to compare prices and coverage options. Luckily, here at JiuJitsuInsurance.com we are a brokerage which means that we do all the shopping around for you because we represent multiple insurance companies, not just one.

5. Not considering specific risks: Gym owners may not consider the specific risks associated with jiu-jitsu training, such as injuries from grappling and joint locks, which can result in inadequate coverage. For example, just having a general “martial arts policy” will not guarantee you coverage for all your martial arts. We can not stress enough the importance of an annual policy review (see #3 above)! If you email us a copy of your gym insurance policy then we can let you know what it covers, or does not.

6. Not checking the reputation of the insurance company: Gym owners may purchase insurance from an insurance company with a poor reputation for handling claims, which can make it difficult to get claims approved, or paid out.

It's crucial that gym owners understand what kind of coverage they need, how much have, and to shop around for the right coverage to cover their business. The gym owner should also review and update their policy regularly, and consider the specific risks associated with jiu-jitsu training. Additionally, it's important to check the reputation of the insurance company, as well as the claims process and the history of the company. On the other hand, why do all the shopping and due diligence yourself when one of our brokers can do it all for you?

What kind of insurance do I need to host jiu jitsu events?

A few tips that you need to know when getting BJJ event insurance.

You have everything set for your first BJJ tournament. You figured out the ruleset, you know of a great venue that you can rent, there are participants ready to compete, you've created waivers for them to sign, and you are good to go! Still, you have one question in the back of your mind. Do I really need extra insurance for my event?

The answer is simple. Yes. You will need event-specific insurance which is usually purchased standalone for just a single event, or multiple events can be bundled over the course of a year and at a lower cost. That said, not all event insurance policies are going to cover everything you might need in that policy when you buy it online, so it is advised that you speak with an insurance broker before you add anything to the shopping cart online if you are not exactly sure. 

It’s important to understand that even though you may feel like your event will be covered under a personal insurance policy, a gym liability policy, or you might feel that the venue is already covered, the insurance coverage you have (or think you have) is probably not enough. 

To determine exactly what insurance you will need for your jiu jitsu competition you will want to have a general understanding about how event liability is typically purchased so that you know exactly what you are buying when it comes time to bind coverage. That said, we are confident that after reading the below summary we created you will be able to determine exactly what you will need insurance wise for your future jiu jitsu tournaments.

There are typically three parts to a event liability policy; 

1. Spectator liability coverage.

2. Participant liability coverage.

3. Participant medical / accidental injury or death coverage. 

Although when initially evaluating the three parts of available coverage it might seem simple to differentiate what each covers based on their descriptions, however when shopping for event liability coverage online you are not always guaranteed that all three parts of coverage will be included in the policy you end up buying. 

For example, we can get you a Martial Arts Tournament liability policy for your next bjj competition at eventhelper.com for about $269, but this coverage will only insure the 100 spectators at your event. This is called spectator only insurance meaning that if you are ok with not having insurance coverage for the participants at your event then this will be the lowest cost option to get in the door of a venue asking for liability insurance. Keep in mind having insurance coverage for the spectators only does leave you exposed to the cost of defending lawsuits from participants at your event or keep you off the hook for paying judgments for medical bills from participants. Regardless of whether or not the participants signed a waiver for your tournament general liability insurance will provide defense and pay judgments for covered insureds so it is necessary.

So how much coverage do you need to buy? 

If you host a BJJ tournament or grappling event at a nearby venue and pay a fee to the landlord to rent that space just the day, typically that landlord will require you to have a general liability insurance program for that single event. This type of single event insurance coverage however is not going to be included in your "Business Owners Policy" that you bought for your Brazilian Jiu Jitsu academy, instead it is something you will have to purchase separately.

The first thing you will want to do when planning your event is to ask the venue for the amount of insurance benefits they require. This is an important step to take before you buy an insurance policy online because all the venues and landlords will require different amounts of liability coverage, as well as could request specific contract endorsements they want included to modify the event coverage. For example, if you are hosting your event at a middle school that school district will most likely require that you not only purchase general-liability insurance for both the participants and spectators, but might also require additional amounts of coverage added like coverage for abuse or molestation that protects against alleged, actual, or attempted  abuse or molestation of any person by another person. 

Just ask. Before you promote your Jiu Jitsu event or tournament just ask the venue for their insurance requirements so that you know what is expected right out of the gates. Once you have those details then we can help you get insurance estimates and pricing for your bjj event coverage.  

What if the jiu jitsu event is in-house?

Alternatively, if you are hosting a jiu jitsu event or tournament in your own gym you most likely won't have anyone asking you to provide proof of insurance for that event, however that obviously does not mean you don't need to have single event insurance coverage for your in-house bjj competition. 

It's important that you do not assume that your school's general liability policy will provide coverage for this event. In the world of insurance every event is treated (underwritten) uniquely by the insurance company, and every insurance contract is worded differently when it comes to policy benefits, coverage, limitations, and exclusions.  So you just can't assume anything, you need to see it in writing. 

Start by checking to see what the wording in your current gym insurance policy has to say about in-house Jiu Jitsu competitions. Get a copy of your policy summary and the copy of your original bjj school master application to find out what it covers. Does it cover in-house scrimmages, exhibitions, or competitive events? If so, what does it cover, who is covered, and how much is covered? 

Once you determine that information then you can choose whether or not to purchase additional liability coverage to fill the gaps where the schools liability policy does not provide coverage for.  

What's next?

Does this insurance stuff seem complicated and time consuming? If you said YES then you are right, however that is why we are here to assist. If you send us a copy of your current insurance policy we can then explore the language in the contract for you to uncover exactly what you are covered for. After reviewing your insurance programs and requirements we can then see if your event will be covered, or not. After that, if you decide you need to add more coverage then we can recommend other insurance companies who might consider bundling your school coverage with event insurance coverage, or simply can help you purchase a single event policy if that is all you need for your next Brazilian jiu jitsu event.

A GUIDE TO RULES, INSURANCE, AND SURETY BONDS FOR MMA EVENTS.

If you have been hosting grappling events but you are looking to break into MMA then you will want to read this. This article will provide you with a blueprint to get you started while you are in the planning stages of your business. Read more >>