I placed the “No Touch” chip at the top of my mat. The teacher ignored it—or didn’t see it in the dim light—and adjusted my Triangle pose, causing me to lose balance and tear my meniscus. Now I’m suing for negligence. The teacher argues, “I thought it was flipped to Yes.”
Key Takeaways
- Visual Aids aren’t foolproof: Chips get kicked, flipped by accident, or ignored. They are evidence, but not a bulletproof shield.
- The “Lighting” Defense: If you teach in a dark room (candlelight flow), you are negligent if you try to read small chips. You have a duty to ensure visibility.
- Verbal Override: A student saying “Stop” always overrides a “Yes” chip.
- Documentation: If you use chips, your insurance carrier needs to know it’s part of your safety protocol.
The “Why”: The Standard of Care
The Trap:
Using Consent Cards establishes a High Standard of Care.
By using them, you are telling the court: “I promise to look at these cards before touching.”
If you miss one, you have breached your own safety standard, making negligence easier to prove.
Insurance covers this negligence, but the plaintiff’s lawyer will use your own chips against you (“You established a system and failed to follow it”).
The Investigation: I Quoted 3 Major Carriers
1. Insurance Canopy
- My Analysis: They like consent chips. It shows risk management. They said having a picture of the class setup (showing chips in use) helps the defense significantly.
2. NACAMS (National Association)
- My Analysis: They emphasized that the waiver must explain how the chips work. If the student didn’t know “Red means No,” the chip is useless legally.
3. Studio Policy (The Hartford)
- My Analysis: The studio owner is liable if the teacher ignores the chip. The Hartford suggests bright, distinct colors (Neon vs Black) to avoid the “dim lighting” argument.
[IMAGE: Photo of “Yes/No” Flip Chips on a yoga mat]
Comparison Table: Consent Tools
| Method | Legal Strength | Risk of Error |
| Verbal (“Raise hand”) | Medium | Memory loss |
| Flip Chips | High (Visual) | “Kicked/Flipped” |
| Explicit Waiver | Medium | “Blanket” weakness |
Step-by-Step Action Plan
- Explain the System: Do not assume students know what the chips are. Script: “Flip to Red if you do not want physical adjustments.”
- Lighting Check: If you can’t read the chip from standing height, do not adjust.
- Waiver Update: Add a line: “I agree to use the provided Consent Cards to communicate my preference.”
- Respect the No: Never try to “convince” a student to flip to Yes.
FAQ
Are chips required by law?
No, but they are becoming an industry “Best Practice” in 2026.
What if I didn’t see the chip?
“Failure to look” is negligence. You are liable.
Can I use these for trauma-informed yoga?
Yes, they are highly recommended to give agency to the student.