Influencers, celebrities, and pop culture icons, such as those depicted in my previous article, often make money on business aspects in addition to the actual practice of martial arts. (See: Wing Tsun Kung Fu and Influencers) In fact, most martial arts schools generate revenue through some type of business model. Some martial arts schools, however, still see an influx of students who want to learn martial arts for the sake of learning martial arts, such as Wing Tsun Kung Fu. Whether you are a businessperson or a martial artist, however, it is often important to protect the methodology behind your work. One way to do this is to enter into a restrictive covenant agreement. A restrictive covenant agreement is essentially a contract whereby one party agrees not to compete with another party upon termination of a prior relationship. (See: Restrictive Covenant Agreements Explained: The Definitive Guide to Restrictive Covenant Agreements) As you’ll see, martial arts schools can greatly benefit from such agreements. For those who teach martial arts, it is vital that you have some sort of protective agreement in place to safeguard your specific methodologies. Indeed, the very foundation of Wing Tsun Kung Fu involves becoming “one with the attacker, not against him.” In other words, becoming “one” with the attacker can create a sense of harmony between two parties: you and the contract signer. If you’ve worked hard to develop a unique teaching curriculum, you want to ensure that your practitioners don’t stray from your methodology. For martial arts schools, a restrictive covenant agreement can be incredibly useful. Using Wing Tsun Kung Fu as an example, let’s say that you teach 4 to 6 hour-long lessons every week to your students. By signing a restrictive covenant agreement, you may be able to limit the students’ ability to learn Wing Tsun Kung Fu outside of your school. This could help ensure that your students do not learn the various methodologies offered by other schools. That way, you can assure that your students are practicing Wing Tsun Kung Fu exactly as you have taught them.
Now, why would one study martial arts? Is it the fact that you’re learning how to do self-defense? While self-defense may be one aspect, it is certainly not the only appeal of martial arts. One of the things I’ve enjoyed most about Wing Tsun Kung Fu is the discipline it has required of me. As self-defense is only one component of Wing Tsun Kung Fu, it is important to pay attention to the many other components. After all, Wing Tsun Kung Fu is an art that you must practice. In order to do it, you must actually perform it and become one with the technique. You can’t constantly think left right up down close far until you see the colors of when you practice the technique. You have to focus. You have to concentrate. You have to be diligent. You have to be disciplined. It requires much study, performance, and practice. Just like you can’t earn a law degree overnight, you can’t master Wing Tsun Kung Fu overnight.
By entering into a restrictive covenant agreement with a student, perhaps you can achieve mutual understanding, harmony, and discipline in relation to the agreement, just like you would with the attacker. That is to say, by entering into a restrictive covenant agreement with a student, you can show your student that you mean business. Essentially, you want to be one with your agreement, just like you would with Wing Tsun Kung. Not surprisingly, Wing Tsun Kung Fu is often referred to as “The Science of Modern Martial Art.” In order to assert control, however, there must be a “scientific” way to enforce one’s rights under a restrictive covenant agreement. There is a time and place to enforce a restrictive covenant agreement. As an instructor, you may not want to enforce your restrictive covenant agreement with a student while you are practicing your technique with them. However, by having a restrictive covenant agreement in place that authorizes you to enforce it under certain provisions, you will have the authority to do so.
For example, you may have a provision that allows you to enforce the agreement should the student engage in conduct that would be in violation of the restrictive covenant agreement. Additionally, as a martial arts instructor, you may want to incorporate a restrictive covenant agreement into your studio’s membership or at least reference the restrictive covenant agreement into the membership agreement. For example, you may want to include language in your studio’s membership agreement stating that the student may not own or work for another martial arts studio within a 50-mile radius for the duration of the restrictive covenant agreement or for 10 years after the student within the program. Like martial arts, therefore, restrictive covenant agreements can be fairly complex, and it’s important to consult with an attorney regarding such agreements to avoid any potential pitfalls.