by Philip E. Goss Jr., Esq.
Properly and effectively restricting former employees from competing with your business has always been a three-part operation. A written restrictive covenant, in jurisdictions that allow them, traditionally has been the first line of defense. However, as I outlined last time, such restrictive covenants have come under blistering attack in the past decade. Now, in many jurisdictions, restrictive covenants are not merely unenforceable; they’re also illegal.
In such jurisdictions, the proper use of trade-secret protections and non-solicitation agreements can, in many circumstances, give you the tools you need to protect your economic interests.
Trade-secret protection is legally enforceable in all jurisdictions. In simple terms, a trade secret is any information with independent economic value, which is not generally known or readily ascertainable to the public and which has been protected to maintain its secrecy.
Your method of instruction...
by Beth A. Block
We all use waivers, although I have noticed that the degree of faith we have in them varies from person to person. Some of us see them as unbreakable shields against all lawsuits. Others think they are barely worth the paper they’re written on.
I’ve examined waivers in this column before, including the following points: the fact that our activity is inherently risky; whether we need to have both parents sign a child’s waiver; the value of having a waiver written by a local attorney; and whether a parent can sign away a child’s right to sue.
In this column, I’ll cover the issue of handling waivers when students inform you that they have a medical issue that could affect their ability to fully participate in classes and tests. What would you do in that situation? How would you make accommodations for the student — and would you be willing to?
Side Note No.1: I’m no stranger to dealing with this issue from the...
by Eric P. Fleishman
For many in the martial arts community, this pandemic not only has brought their businesses to a halt but also is threatening to break their spirits. The positive momentum you had built up likely has been interrupted. However, I believe that in times of crisis, the strong rise to the occasion, helping themselves and others through the momentary darkness. Isn’t that what being a martial artist is about — helping restore balance during times of chaos?
It’s time to get off the couch, turn off those movies you’ve been watching and lead your students on the greatest journey. Here’s how to put the KABOOM back into your dojo.
Stay on Brand
Have you noticed that the colors you chose, the logo you created and the tagline you’ve been using since you opened your school have started to feel a little tired and outdated? Why not take this opportunity to rebrand your dojo with fresh messaging?
It’s the perfect time to...
by Frank Silverman
As I write this column, I have to admit that although I’m well aware of the time — it’s just after 6 p.m. — I have absolutely no idea what day of the week it is. This means one of two things: Either I’m on an awesome vacation or we’re still in the middle of our country’s — actually, the world’s — battle with COVID-19, otherwise known as the disease caused by the novel coronavirus.
Doing what’s best for my family, my company, my community and our industry now means doing the opposite of what I’m used to doing. Instead of going to the office Monday through Friday like I’m used to, I’ll be staying home. My “shelter in place” will encompass this Saturday, when my school was supposed to hold a black-belt test that many students were looking forward to.
Days are fading into nights, and weeks are running together. I’m working in shorts and a T-shirt rather than my gi or...
by Jason Flame, MAIA Elite Consultant
Communication is the key to success in any relationship. It’s important that we go above and beyond when it comes to communicating with our students and parents. Having systems in place to maintain frequency and consistency of contact will prevent students from “falling through the cracks.”
Keep in mind that our families are often inundated with information from other activities, work and their personal lives. Face-to-face interaction is always best, but when we need to communicate and are unable to see them in person, we have several options for staying in touch. When relaying information to our students, we should keep these simple yet valuable communication methods in mind.
Nothing beats letting someone hear our voice when we really need to communicate something urgent or significant. Progress checks, enrollment notifications, renewal reminders and upgrade decisions all require discussion. Every quarter, we...
by Dave Kovar
There is a samurai maxim that states, “Do what a weed does and bloom where planted.” Have you ever seen a dandelion sprouting from a crack in the sidewalk? It’s not complaining about not having enough sun or whining about the lack of soil or not getting enough rain. It just does the best it can to bloom and grow tall. We often dismiss the dandelion as a weed, but in this case, we can learn from its example. One thing I know for certain is that our lives will improve the moment we decide to change our perspective and look at things differently.
I witnessed an excellent example of “blooming where planted” a few years back. My wife and I were crossing the Bay Bridge on our way into San Francisco for the day. The Bay Bridge probably has 18 toll booths, and it’s not uncommon to wait in line for half an hour before reaching one of them. It was a beautiful morning, and we were eager to get into the city. We weren’t quite...
The half-way point of 2020 is fast approaching, in a year that has brought a string of events many of us couldn’t have anticipated as it started. A viral pandemic effectively shut down business across the world for two full months; every customer-facing business had to shift to zero-contact models to help slow down community transmission of the novel coronavirus.
Heading into July, many areas across North America—and the rest of the world—are cautiously, optimistically navigating reopening for the summer.
One sector that has been particularly hard-hit is the fitness industry—including martial arts. In a line of work which often involves one-on-one contact, the risk of infection was far too great to allow students in the building for lessons. Instead, many martial arts schools closed their doors before receiving instructions to do so from the government. Some schools have shut down altogether, while others have turned to virtual classes to...
by Nguyen “Tom” Griggs
As I write this, we are in the midst of a global pandemic. Every day, we’re being tested and stretched in new ways — as leaders, martial artists, school owners, instructors and role models.
Despite all the chaos and the unprecedented levels of change, there is one simple point I’d like to make: No matter how things go, we must hold to our standards. The reason is very simple.
How we act, speak and behave during the crisis says more about our character than any platitudes, student creeds or tenets ever will. In other words, the pandemic is showing who we really are through how we behave during difficult times.
I want to share a personal experience that pertains to holding to one’s standards. During my time as a martial artist, I’ve had the honor of training under several instructors in various styles. As a result, I hold several black belts. The lesson I’m about to share comes from one of my promotion...
by Karen Eden
Truth be told, there have been times throughout my life when I thought for sure that my career as I knew it was over — as if the “magic” I possessed was suddenly going to disappear and leave me high and dry.
I often talk about the years when I would leave early in the morning before my newscast with FOX News to teach martial arts in the middle of the ghetto. I had made a promise to myself to give back when I knew that I had been blessed. A few years later, the community called out to me with even greater needs. It was a calling I knew I needed to answer. I found myself going from a major market TV anchor job to feeding homeless people in the inner city. “That’s not who you are, Karen. You’re better than that!” I was told.
That was a time in my life when I wondered if I would simply disappear. Maybe this was it for me. But you know me. If I know I have to do something, then I’ll do it simply because it’s the...
MASuccess brainstormed with five prominent martial arts instructors to obtain their best advice for their peers during this global pandemic. Here is what they offered.
Immediately Start Teaching Your Art Online
Sometimes it’s best to begin with the end in mind. Do you want to help your students and families during the COVID-19 pandemic? Do you want to support your local schools, businesses and communities? Do you want to provide leadership during this a time of uncertainty? I’m guessing that you will answer yes to all these questions.
Now more than ever, people need to feel connected, and many of them need you to continue to serve as their instructor and their leader. Likewise, communities need leaders to provide certainty and security. Again, they need you to continue to be a martial arts leader to provide stability and structure. To do that, you’ll need to rely on technology, perhaps to a degree you never have. The good news is, it’s not that...
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