In our circle we are encouraging Godly Christian Martial Artists to offer training in a Church ministry context. To accomplish this an instructor would have the church "club", academy, team, etc., in the church building, with the pastor's support, and church's endorsement. Many cases, the pastor is the instructor too. The GMAU offers certification for such schools which are a direct ministry of a local church.
Now, our question concerning lawsuits: We are now in a suing mentality, and to some a lawsuit opportunity is seen much like a legal lottery, in the opportunity for some unearned money. In such an environment, there is great need for care and caution in our church DoJos. The most likely law suit would come from a former or present student and some accident. Most likely too, if an issue reaches the legal suit stage, the school is who would be sued. Now we see our issue.
Who is the owner of the church's ministries? The instructor or the church (congregation)? The legal church body. Now, in these types of lawsuits it is very possible that the church could be sued for some issue, in which it's ability to control a perceived "employee" or one acting in an employee relationship is at issue. This is why we need our disclaimer signed, though this will not guarantee that there will be no lawsuit. Our insurance also needs to clearly cover school sports, or a separate policy like a commercial DoJo would have should be gotten. In many cases of church lawsuits today the church staff are being sued as employees, and the church is considered the employer. As the legal "proposed employer", the church is held legally liable for it's employees or anyone acting in such capacity.
Now, one does not have to be a "paid" staff person to be considered an employee for a legal suit of this nature. They may be so considered when holding a place of an employee nature. (There are restrictions and boundaries to this that an attorney can define.) It was even declared in an actual suit, that a transient, mowing a church's lawn in exchange for lunch, was an employee.
Whatever we do, as DoJo instructors, "Senior" DoJo Senseis, we must realize that we need to be not only excellent Christian Martial Artists. (Christians first, you understand, then excel as a Martial Artist too.) And we need to be extremely responsible. Responsible to the Lord and the church we represent. I personally believe church martial arts teams/schools should only be operated by a member of said church. However, I know there are ministries where Christian Martial Artists had classes in two or three churches at the request of the pastor and/or church as a youth program offering (Adults are often invited as students also.) In such cases, extreme care should be exercised in the area of responsibility. The instructor needs to remember constantly that he is acting in the status of a director of a ministry of that church and that the church is the actual owner of that program, or if he owns the program he has entered into a contractual relationship, at least verbally, and likely legally, if suit evolves.
With this in mind, let's be responsible Christian Martial Artists.

