6/21/2006 10:11pm, #41
- Join Date
- Jun 2006
- Tang Soo Do and MMA
There are alot of interesting little tidbits in this legislation that I think we need to pay close attention...
Any person operating or intending to open or operate a martial arts school within this state shall file a registration statement with the department of justice. Such registration statement shall contain the name and address of the martial arts school; the names and addresses of the officers, directors, and those stockholders who hold in excess of 20 percent of the martial arts school and its parent corporation, if such an entity exists; the type of available facilities; a written list of each piece of equipment and each service which the school has available for use by buyers; approximate size of the martial arts school measured in square feet; whether or not a shower area is provided; type of membership plans to be offered and their costs; and a full and complete disclosure of any completed or pending litigation initiated against the martial arts school and any of its officers or directors within the last 3 years.
Except as provided in paragraph IV, each martial arts school registering pursuant to this chapter shall post a surety bond in an amount of $50,000, or the equivalent in cash, marketable securities, letters of credit, or escrow accounts, with the department of justice. The type of bond shall be designated by the department of justice. No surety bond shall be accepted for filing unless it is with a surety company authorized to do business in this state. The surety may cancel the bond at any time upon giving 30 days' written notice to the department of justice. Any person who is damaged by any violation of this chapter, or by the seller's breach of contract for sale or any obligation arising therefrom, may bring an action against the bond or its equivalent to recover damages suffered and any other amounts allowable by law. The department of justice, in any action brought under this chapter or any other applicable provisions of law, may likewise proceed against the bond or its equivalent. In no event shall the aggregate liability of the surety for all claims exceed the bond amount. The department of justice may reduce the amount of the surety bond or its equivalent if a martial arts school’s membership refund liability warrants such a reduction.
I. Each martial arts school operating in this state shall prepare a comprehensive list of its curricula offered by the martial arts school and the respective price of each plan.
II. Every seller shall offer a month-to-month membership option and a year-to-year membership option, in addition to any other term contract the seller elects to offer. The availability of month-to-month memberships shall be stated in any written or broadcast advertisement or posting or marketing materials that describe any other membership option the seller offers which apply to the skill level for the prospective students based upon the curriculum of each martial arts school as determined by the director of the martial arts school. No seller shall limit the availability of month-to-month or year-to-year memberships in any manner in which the seller does not also limit the availability of any term contract; nor may a seller accept payment from a buyer or enter into a term contract unless and until the seller has informed the buyer both orally and in writing of the availability of month-to-month or year-to-year memberships. Month-to-month memberships shall offer the same access to martial arts school that prepaid/term or monthly contracts offer. A buyer may cancel a month-to-month membership option with 30 days written notice to the seller, provided the original contract obligations have not been met, for any reason, and have no further obligation to the seller.
So, the state is going to start telling people how they can do business? I personally do not believe in year to year contracts. I guess in NH, I would be forced to offer them.
II. Martial arts schools shall be prohibited from making any misrepresentation to current members, prospective members, or purchasers of membership contracts regarding:
(a) Qualifications of staff.
(b) Availability, quality, or extent of facilities or services.
(c) Results obtained through martial arts training.
For example, if A is going to become law, then there must be some sort of bar that should indicate what qualified staff would look like. Perhaps, the government isn't going to set the bar and is going to let the major martial arts orgs set it. They, afterall, are going to be the ones who are giving out "legitimate" rank. What about people who are not part of major orgs? How do they ensure their qualification? Again, the Mcdojos win.
C is even more interesting. If you claim that your art is good for self defense and a student goes out and gets the crap kick out of them, are they now able to sue their teacher for giving them "faulty" skills? How is this going to be judged?