Are You Truely Covered By Your Waiver

Graham Slater • October 4, 2025

Are You Truly Protected With A Wavier? What Can You Do To Make Sure!

Woman in pink shirt holding a notebook, standing on a staircase, looking at the camera.

Are You Truly Protected? Why Your Waiver Might Not Be Legally Sound

As a gym or sporting club owner, you know that risk is an inherent part of the activities you offer. You likely have a waiver in place, believing it’s your shield against potential lawsuits, but this will help in strengthening your defence in an insurance claim.



What if that shield is full of holes?
A poorly constructed waiver isn't just ineffective; it can create a false sense of security that leaves your business dangerously exposed.

Waivers are critical risk management tools, but they are also legally binding contracts that must be carefully crafted to be enforceable. Let's break down the essential elements of a legally sound waiver and why they are so vital for your recreational service.


The Anatomy of an Enforceable Waiver

Think of your waiver as a formal agreement. For it to hold up, it needs to meet several key legal standards.


It Must Be a Contract

A waiver isn't just a form; it's a component of the contract between your business and your member. It must be presented and agreed upon when they sign up, not as an afterthought. Handing a member a waiver after they've already paid and signed their membership agreement is a classic mistake that can render it useless. The timing is crucial.


Clarity is King

The language in your waiver must be clear, unambiguous, and specific to the true risks of the activities at your facility. Vague clauses will almost always be interpreted in favour of the participant, not your business. For example, instead of just saying "risk of injury," you might specify "risks including, but not limited to, muscle strains, sprains, falls, and injury from equipment malfunction." It must also be broad enough to cover your own business's negligence, not just the negligence of other members.


Reasonable Notice Must Be Given

You can't hide the waiver in the fine print. You must prove that you did everything reasonably possible to bring the terms to the participant's attention. The best way to achieve this is straightforward:

  1. Ensure the member signs the contract that contains the waiver.
  2. Include a clear acknowledgment, such as, "I have read, understood, and agree to the terms of this waiver of liability."

Know the Limitations

Even a perfect waiver has its limits. It's important to understand what a waiver cannot do:

  • It's not enforceable for minors. You cannot waive the rights of anyone under the age of 18. You will need a parent or guardian to sign an indemnity agreement on their behalf.
  • It's limited to personal injury or death. Your waiver cannot exclude liability for things like property damage or other financial losses.
  • It cannot override all statutory rights. While the Australian Consumer Law (ACL) provides specific exceptions for recreational services, a waiver cannot override certain fundamental consumer guarantees.


Why Waivers are Critical in the Fitness and Sporting Industry

The ACL defines recreational services as activities involving a significant degree of physical exertion or risk. This is the world you operate in. The very purpose of a waiver is to legally exclude or restrict your liability for negligence in this high-risk environment.

Without a properly drafted waiver, your business could be held responsible for injuries that occur on your premises, even when you have taken reasonable care. A strong waiver acts as your first and most important line of defence, demonstrating that the participant was aware of and accepted the inherent risks of the activity.


The Bottom Line: Don't DIY Your Legal Protection

While this guide provides a solid overview, the nuances of contract law are complex. Using a generic template, you found online is a significant gamble with your business's future.


Consider obtaining professional legal advice to draft or review your waiver. An expert can ensure your document is tailored to your specific services, compliant with current laws, and provides the robust protection you need to operate with confidence. Your business's safety, and your peace of mind, are worth the investment.

By Graham Slater November 12, 2025
After decades working with martial arts schools, gyms, coaching programs, and service based businesses, I’ve learned a simple truth: most unhappy customers won’t complain. They quietly disappear. They cancel a membership. They drift to another gym. They tell friends to go somewhere else. And you may never know why. So when someone chooses to speak up, especially when emotion is involved, that moment deserves your seriousness. Not because it feels good. It rarely does. But because that customer is giving you something incredibly rare in business: the truth. A complaint is a spotlight on a moment your business failed to meet expectations. It can be uncomfortable, but if handled well, these moments can strengthen your systems and save future relationships. Handled poorly, though, a single complaint can create more damage than the problem itself. I’ve watched small issues turn into social media storms, reputational dips, and even legal disputes. The pattern is always the same: the complaint is not what harms the business. The reaction is. Let’s explore how to handle these moments with professionalism and calm, so each complaint becomes a stepping stone toward a stronger, more trusted business. Complaints Are Insights, Not Attacks Martial arts teaches discipline, control, and the ability to zoom out when things heat up. Complaints require the same mindset. Many owners respond emotionally. Some defend the staff member immediately. Some take the complaint as a personal attack. Others respond too quickly. Some don’t respond at all. From decades of observing how gyms and schools handle conflict, here’s the truth many owners miss: • Complaints are opportunities • Complaints show your customers still care • Complaints give you a chance to fix issues before they spread When someone takes the time to share a negative experience, they are offering you the chance to retain them. A well-handled complaint often transforms the relationship entirely. Someone who once felt disappointed becomes fiercely loyal because they’ve now seen your integrity in action. Why You Should Make Complaining Easy Some business owners unintentionally hide from complaints. They make customers feel awkward raising concerns, or they leave no clear pathway to provide criticism. When that happens, the frustration doesn’t disappear. It just finds a new home. And in today’s world that usually means: • Social media • Google reviews • Public forums • Group chats and private communities This is where reputational damage begins. Smart owners do the opposite. They create simple, safe places for customers to share their concerns privately before those concerns go public. Useful options include: • Anonymous feedback forms • A quick online form or portal • A “How was your class today” message • A dedicated email for concerns • QR codes placed around the gym The psychology behind this is straightforward: when people feel heard privately, they rarely feel the need to speak publicly. And when you learn problems early, you fix them before they grow teeth. Taking the Emotion Out of Complaints In martial arts and fitness industries, emotions naturally run high. Customers trust you with their children, their safety, and their personal progress. When something goes wrong, reactions can be intense. One of the hardest lessons for staff to learn is this: the first response must always be calm, even when the complaint feels unfair. This is why your school needs a predetermined complaint handling system. Just like you don’t wait until sparring day to learn your techniques, you shouldn’t wait for a conflict before deciding how to approach it. A consistent system removes emotion and replaces it with professionalism. A Complaint Handling Process Every Gym Should Use Here is a streamlined process I recommend to martial arts schools and gyms. It’s simple, reliable, and proven over decades of use. 1. Listen without interruption Most people calm down when they feel genuinely heard. 2. Thank them for raising the concern A sincere “Thank you for telling us” eases tension immediately. 3. Record the details A single place for documentation protects you and reveals patterns over time. 4. Clarify the facts Ask for specifics and avoid assumptions. Facts reduce emotion. 5. Ask what outcome they want Most customers want understanding and improvement, not compensation. 6. Act quickly Delay increases frustration. Speed builds trust. 7. Keep them updated Silence is one of the fastest ways to damage trust. 8. Follow up afterward A follow up message often turns the whole situation around. This process doesn’t just fix the immediate issue. It strengthens your brand and reputation. Understanding Your Legal and Ethical Responsibilities Customer complaints often reach beyond customer service. They can cross into legal territory, especially when they involve: • Safety concerns • Contract or cancellation issues • Staff behaviour • Misleading information • Service quality • Injuries or supervision Even small businesses must comply with consumer law. Ignoring or dismissing a complaint can unintentionally violate a customer’s rights. In martial arts and fitness industries, where physical activity and child participation are common, the expectations for safety and professionalism are even higher. Knowing your obligations is not optional. It is a core part of responsible business ownership. The Real Purpose of a Complaint Once a complaint is resolved, the deeper work begins. Every complaint reveals something: • A training gap • A communication issue • A system that needs improvement • A policy that lacks clarity • A staff member who needs coaching • A process that needs tightening Complaints are feedback disguised as frustration. Strong businesses consistently ask: how do we stop this from happening again? Systems worth reviewing include: • Class ratios • Safety procedures • Booking and scheduling • Payment clarity • Membership policies • Staff training • Communication templates • Front desk workflow • Equipment checks and maintenance Each complaint becomes a chance to build a safer, smoother, more reliable operation. When Complaints Escalate Even when you handle things well, some issues escalate. Examples I’ve seen include: • Small incidents becoming viral posts • Conflicts escalating into legal claims • Customers misinterpreting staff behaviour • Staff responding emotionally • Regulators getting involved In martial arts and fitness environments, anything involving safety, behaviour, or injury can escalate quickly. This is where the right insurance becomes essential. For gyms, coaches, and instructors, professional indemnity insurance is especially important. It protects you if a customer turns a complaint into a legal claim involving: • Alleged negligence • Incorrect advice • Poor supervision • Disputed incidents • Perceived failure in duty of care Insurance won’t stop complaints. But it protects your business from the financial impact of the rare but serious ones. Final Thoughts: Complaints Reveal Your Character Pressure reveals character in martial arts. Complaints reveal the character of your business in the same way. Handled poorly, they weaken trust. Handled well, they build loyalty and strengthen your culture. A customer who complains is not your enemy. They are a mirror. If you have the humility to look into that mirror honestly, your systems improve, your team grows, and your business becomes more resilient than before.
By Graham Slater November 12, 2025
As a long-time martial arts school owner who also works in insurance, risk management, and business recovery, I have seen how quickly a gym can be disrupted by severe weather. Floods, storms, and fires can interrupt classes, damage equipment, and force temporary closures that place heavy pressure on instructors and owners. Even well-run gyms can face setbacks that take months or years to recover from if they are unprepared. Not long ago, many instructors believed climate risks were unlikely to affect them. Today, extreme weather is more frequent, more destructive, and harder to predict. I have spoken to gym owners who returned after a storm to find mats soaked with rainwater, ceilings damaged, or equipment floating across the room. Others had to shut down because their flooring warped or their building became unsafe. Your gym needs to be as resilient as the students who train in it. Preparing for climate events is not about fear. It is about responsibility, protection, and leadership. Below is a practical, experience-driven guide to help martial arts gyms prepare for severe weather. 1. Review Your Insurance Coverage Before Disaster Strikes Insurance is one of the most overlooked parts of running a martial arts gym. Many owners buy a policy once and assume it will always be enough. But gyms evolve. Equipment upgrades, renovations, and new programs all change the level of risk. If your policy has remained the same while your business has grown, you may have gaps that only show up when you need support the most. Important questions to consider: Does my policy cover storms, floods, and fire? These events are not automatically included. Flood coverage often requires a specific addition. Is my sum insured accurate? If you have added mats, mirrors, weights, or flooring, the cost to replace everything may have increased. Do I have business interruption coverage? If your gym must close for weeks or months, how will you manage income? This is one of the most important protections for disaster recovery. Have I updated my insurer about all gym activities? If you offer new programs or classes but have not informed your insurer, those activities may not be covered. Review your policy at least once a year. If you are unsure whether your coverage fits your current operations, speak with a broker who understands martial arts and fitness facilities. 2. Inspect Your Facility With a Risk Preparedness Mindset The same mindset that helps you prevent injuries in class also protects your building. Extreme weather exploits weak points, and regular inspections help you catch small issues before they turn into major disruptions. Key areas to check: Roof and ceilings Look for leaks, stains, soft spots, or rust. Minor roof issues become major after heavy rain. Doors and windows Check seals, frames, and locks. Even small gaps can let water in during storms. Gutters, drains, and downpipes Blocked drainage is one of the most common causes of indoor flooding. Clear these regularly, especially before storm season. Electrical equipment Keep electronics and powerboards off the floor. Even a shallow flood can destroy them. Storage areas Move mats, gear, and merchandise higher off the ground. Moisture damage often goes unnoticed until it is too late. Outdoor surroundings Secure loose items such as bins, signs, chairs, and equipment. Strong winds can turn these into hazards. Gyms that invest time in simple prevention measures often face far less damage and recover more quickly after severe weather. 3. Maintain a Clear Inventory of All Equipment and Assets When disaster hits, stress makes it difficult to remember exactly what you own. A clear, updated inventory is one of the most valuable tools for recovery. A proper inventory helps you: • Confirm ownership • Speed up insurance claims • Match your existing equipment to your insurance coverage • Avoid mistakes or missed items during replacement Taking a few hours now to document your equipment can save weeks of frustration after an event. Strengthening Your Gym’s Resilience Preparing your martial arts gym for extreme weather is not only about protecting your facility. It protects your income, your students, and the community that relies on your classes for confidence, fitness, and discipline. These steps help make sure your school can continue teaching, training, and supporting students no matter what the next storm brings.
By Graham Slater November 12, 2025
Running a martial arts school or fitness facility involves far more than teaching classes. Behind the scenes, you manage equipment, maintain your space, support your staff, and work hard to keep new students coming in. One challenge that often surprises new owners is the cost of annual insurance payments. Insurance is essential. It protects your students, instructors, equipment, and your business itself. But paying for everything at once can put sudden pressure on your cashflow, especially if your school experiences seasonal ups and downs. Premium funding has become a practical solution for martial arts gyms because it allows owners to stay protected while keeping their cashflow steady. Understanding Premium Funding in Simple Terms Premium funding lets you spread your insurance payments across smaller instalments instead of paying the entire amount upfront. A funding provider pays your premium directly to the insurer, and you repay the funder over time. This turns a large annual cost into a manageable operational expense. How the process works: • The premium funder pays your insurer • Your insurance coverage activates immediately • You repay the funder monthly or over an agreed period • Interest is included and may be tax deductible depending on your situation There is no property security required and no bank-style approval process. For martial arts schools that experience shifts in income throughout the year, premium funding provides stability and predictability. Why Premium Funding Works Well for Martial Arts Gyms School owners tend to reinvest constantly. You upgrade mats, replace gear, improve signage, refresh your space, and invest in staff training. Your income is almost always already assigned to something important. Premium funding gives you flexibility by freeing you from one large annual payment. It allows you to direct your money toward improvements while still maintaining full insurance protection. It supports your ability to: • Strengthen your facility • Improve the student experience • Expand your programs • Upgrade equipment • Keep an emergency buffer Cashflow Stability Membership numbers change throughout the year. School holidays, exam seasons, or colder months can affect attendance. Premium funding smooths out these changes by giving you predictable monthly costs. Better Use of Your Capital Owners often need to choose between upgrades and insurance payments. Premium funding lets you keep both priorities moving forward. No Collateral Required Unlike loans, premium funding: • Does not require property • Does not require equipment • Does not involve complex financial reviews The insurance policy itself is the security, making premium funding suitable for growing businesses, leased spaces, and smaller gyms. Managing Multiple Policies Through One Plan Most martial arts gyms hold several policies, such as: • Public Liability • Professional Indemnity • Contents and Equipment • Business Interruption • Cyber Liability • Management Liability Premium funding allows you to combine these into one repayment plan, reducing the number of invoices and simplifying financial planning. Real Experiences From the Martial Arts Industry Premium funding has supported many types of martial arts and fitness businesses, including: • Large commercial gyms • Smaller dojos and community schools • Individual instructors The size of the policy may change, but the benefits remain the same. Payments stay consistent, cashflow stays steady, and insurance remains active. How Repayments Usually Work Most funding arrangements follow a simple structure: • Instalments spread over several months • A small initial payment when the plan begins • Regular monthly repayments after that Approval is generally quick. Coverage starts once the funder pays the insurer. A Note About Missed Payments If repayments fall behind, the funder can cancel the insurance because they have already paid the insurer in full. Most brokers and funders work with clients to avoid this, but it is important to manage your plan responsibly. Premium Funding as a Strategic Tool Premium funding is not just convenient. It is strategic. It protects your cashflow so you can respond to opportunities and challenges throughout the year. It supports your ability to: • Stay fully insured • Avoid sudden financial pressure • Upgrade your facility • Invest in growth • Preserve your savings • Maintain predictable budgeting Having available cash can be more valuable than paying the entire premium upfront. When opportunities appear such as expansions, discounted equipment, or extra training for instructors, schools with available funds can act immediately. Premium funding helps you stay ready. Who Should Consider Premium Funding Premium funding is especially useful for martial arts businesses that: • Experience seasonal changes in attendance • Are growing or expanding • Prefer predictable monthly costs • Carry multiple policies • Do not want traditional loans • Want to keep capital free for improvements It benefits both new and established schools. Speak With a Broker Who Understands Your Industry Premium funding works best when it is set up correctly. A broker who understands martial arts and fitness operations can help you with: • Choosing the right funding provider • Understanding instalment options • Structuring payments around your cashflow • Ensuring cover remains uninterrupted • Deciding whether premium funding suits your situation Industry knowledge makes the process smoother and safer. Final Thoughts Running a martial arts school requires balance, planning, and clear decision making. Premium funding supports these strengths by allowing you to stay insured without placing pressure on your cashflow. If paying your insurance in one lump sum feels difficult, or if you want to keep funds available for the growth of your school, premium funding may be a practical and strategic option.