Self-Registrations Following Non-Lead Registration Status
Very occasionally in the early days of BMABA, but slightly more now that we are so substantial in size, we find ourselves dealing with a situation by which an instructor registers with the association in their own right for a self-managed account whilst still under the regulation and authority of a lead instructor. There can also be situations in which a lead instructor registers a ‘proxy’ (additional) instructor under their account and upon expiry or at some point thereafter, the named ‘proxy’ then looks to re-join BMABA with an independent registration of their own. This can also apply when one of our partner organisations registers you for BMABA membership through their membership offering, but you decide not to renew with them and to instead pursue a direct membership to BMABA. This creates a unique situation in which there can arise a conflict of interest that needs to be carefully addressed to maintain a professional, politics-free community. We call this situation ‘first past the post’ - or more formally, our Double Registration Status, and this policy aims to address how we will fairly ensure no conflicts of interest.
What is the identifiable issue?
We must ensure there arises no situation in which either;
A current registered lead instructor or partner organisation is materially impacted by a registered instructor under their charge opening up an independent BMABA club in close proximity to their own club without permission.
ORTwo instructors set up clubs in close proximity which are locked into any on-going conflict or disputes that may harm or damage the association’s ability to regulate conduct effectively.
Mitigations & Solutions
In either instance, the matter shall be deemed ‘no issue’ if;
> The instructor opening an independent account can provide written confirmation from the lead instructor or partner organisation that there is no challenge or issue with such a membership being established.
At the point of permission being given, the lead instructor or partner organisation shall relinquish any future claim to dispute or issue from the registration and the instructor may assume a fully ventured account of their own.
> The lead instructor or partner organisation does not renew membership with BMABA
At the point there shall be no conflict of interest as the initially registered lead instructor or partner organisation will have no bearing on any such association matters.
Possible Outcomes
In most cases we look to find a viable alternative for all involved. We will exercise our best judgement to determine what is fair and appropriate however we will always enforce;
The right of the ‘first past the post’ – the first registered BMABA instructor or our partner organisation whom first introduced the instructor to BMABA through their membership offering – to determine whether or not they wish to give their blessing to a subsequently registered instructor joining in their own right if they are registered within a 28.5 mile radius of the lead instructor’s registered address and / or the applicant instructor applying for an independent membership has had an active membership to BMABA concluding within the past 12 months.
The right of the subsequently registered instructor whom is looking to re-apply to do so if they can demonstrate no conflict with the existing club. This can be done by ensuring either written consent by the lead, a setup outside of 28.5 miles of the lead instructor’s current venues and/or the set up of classes in a style other than that which the lead instructs, subject to fair use (i.e: we would be unlikely to permit two styles of Karate but we would be open to discussing the subsequent instructor teaching Jujitsu if the lead only teaches Karate, for example).
Where the double registration status applies with a partner organisation rather than a club, you will not be permitted to continue with an independent BMABA membership (without permission from said partner organisation) anywhere throughout the United Kingdom for so long as you are practicing the same style for a period of 12 months post-membership.
For example, if your membership to BMABA was first introduced via a registered partner organisation for Aikido, you would not be permitted without their permission, to re-register for a standalone account anywhere in the UK for Aikido. You could, however, register for your own account in (as an example) Jujitsu as this is not a conflict of interest to our principal party.
The exception to the rule would be where the partner organisation grants you permission to join BMABA independently, or where 12 months has elapsed from the day of expiry (either cancellation or natural expiry to BMABA, depending on how your affiliation to us ended). After a 12 month non-membership period, we would accept an independent application afresh, provided the initial reason for non-renewal is not related to proper standards, ethics, safeguarding or other such legal matters that may bring BMABA into disrepute.
Undetected Double-Registrations
In some cases instructors will take it upon themselves to register through the main website, bmaba.org.uk/clubs, without declaring the conflict of interest to the office in advance. Whilst our systems have the ability to spot almost all double registrations it is possible for slight deviations in the new application to evade this check from time to time. In any instance in which an instructor registers for their own account whilst a lead instructor or partner organisation whom has already registered and paid for their membership remains registered to us, our ‘First Past The Policy’ policy shall apply. If the instructor whom has re-registered is picked up by Compliance during an audit we will work with them to find a suitable solution. Ultimately, if no solution can be found, we will need to terminate membership (and any insurances) mid-point.
In this instance, we will ensure the instructor in question is treated as fairly as possible if no foul play is detected. This may include refunds in full or partial amounts.
Principal To Contract
The formal term for this conflict of interest policy is known as 'PTC - Principal To Contract'. This means the contractual party to whom our services are rendered in the first instance. This will always be the instructor, club or partner organisation whom engages into a contract of membership or services with us to provide benefits. For example, an instructor who joins us first and then registers an additional instructor, or a partner organisation who enters into contract for us to fulfil services to their members. In both cases, whilst the instructors registered under the Lead (or partner) are members of BMABA in their own right and may reach out to us for support, guidance and help utilising their membership fully, ultimately our principal to contract remains the initial person, club or group who incepted the membership and covered the cost to us.
Surrender Of Account Authority
Should at any point an instructor or club wish to affiliate, align or otherwise sit under the authority of another instructor, club or partner organisation, they may do so by contacting the BMABA office in writing (by email, chat or messenger) and clearly outlining to whom authority should be granted.
For example, if you decide to change your club structure to sit under another 'lead instructor' or club, or should you join an NGB that uses BMABA as a partner organisation for training and resources, so long as the new authority (club or association) accepts the request, this can be arranged at no cost to you.
Our principal to contract is the party responsible for paying the fees of membership and any applicable insurances for the stated period. So, if a club attaches to an organisation mid-year, whilst under the authority of the new organisation, until renewal (or other such time that the new authority makes payment for the provision of membership and or insurances) they remain an independent account holder.
As soon as any renewal or re-registration (for any previously expired instructors) takes place, the organisation or lead instructor whom makes that payment and incepts the service becomes the principal to contract, and the instructor beneath that account becomes governed by this Conflict of Interest policy.
Instructors are therefore reminded to consider fully the implications of surrendering an independent BMABA membership to a new lead instructor or partner organisation, as the moment our principal to contract changes, this policy becomes binding.
Right of Appeal
As a community interest company, we take seriously our obligation to ensure BMABA's services are rendered fairly to all who are eligible for access. As such, we do have an appeals process in place.
We would not expect an organisation or club to unfairly or unreasonably block an independent re-application unless;
There is reasonable grounds by the organisation or club to suspect a safeguarding, compliance, legal or safety standards breach by the person in question, in which case BMABA's Safeguarding Team would be required to intervene.
There is reasonable belief that the person wishing to re-apply will prejudice the initial organisation or club's commercial and/or social operations should they be granted access 'as is' within the 12 month isolation period.
The initial organisation or club is financially 'out of pocket' (in deficit) through the arrangement. For example, if a 12 month non-refundable membership period is paid for and 5 months remain. In such a case, we would advocate for the re-applying instructor to enter into a contract of sale for their own membership, on the proviso BMABA then refunds the initial organisation.
Likewise, we would not expect an instructor to re-apply for independent membership if he or her prior affiliation was terminated due to;
Unprofessional, unsafe or otherwise poor coaching, conduct or proceedings whilst within the prior organisation or club
The ultimate outcome must be one in which BMABA can fairly represent the interests of both parties without prejudice one or the other, and where BMABA can remain an impartial organisation for the purposes of transparent safeguarding, governance and support.
We don’t take kindly to underhanded tactics. By this, we mean instructors who are registered under a lead instructor’s account and then look to setup their own club off the back of the existing club or partner organisation, employing any underhanded tactics that aim to transfer students and/or support from the current lead instructor to the newly established club. This cuts against the grain of integrity and respect that martial arts should instil and in such an instance our responsibility to compensate the new clubs or ensure on-going operational abilities shall no longer apply. Likewise, organisations or clubs that attempt to monopolise or control a membership base or instructor team for commercial gain or political motivations shall fall foul of our appeals process.