Rule changes

 

The existing Rule 2.4 imposed upon all classes and categories of member the obligation to abide by all of the Club’s Rules and House Rules. Some of our rules are not practically applicable to a new class of Associate Members established under Rule 2.2 and the Committee therefore sought the authority to make adjustments to the rules for such a class of Associate Members.

 

The revised Rule 2.4 is set out in full below, with the additional words highlighted.

 

 

Save as provided in this Rule 2.4, all Members (of every membership class and category) shall be deemed upon application for membership to have accepted all these Rules and to be aware of Rules 4 and 26 in particular. The Committee shall make such arrangements regarding Rules and House Rules as it deems appropriate for any class of Associate members established under Rule 2.2.

 

The existing disclaimer already required Third Party Liability cover to be in place, but it did not specify the amount of cover needed. Our insurers asked us to include an express reference to the need for skippers participating in Club sailing events to carry a minimum of £2.0 million Third Party Liability insurance cover.  Our existing wording also said that the cover had to be adequate and suitable, but it did not make plain the obvious point that skippers must arrange cover extending to the geographical area in which the event is taking place. An express reference to cover of adequate territorial scope for the event in question is now included.

 

The revised disclaimer, as contained in Rule 26.2, is set out in full below, with the additional words highlighted.

 

 

The Little Ship Club (“the Club”) must make clear the basis on which it organises and you participate in the events that make up the Club’s varied sailing calendar. Those events may include fast cruises, yacht races, training events and social rallies (together “the Activities”).

 

The Club introduces skippers and crews to one another, but it cannot warrant or certify the seaworthiness of vessels or the competence of individual skippers or crew.

 

By taking part in any Activity, whether by putting to sea or crossing a start line, you agree –

·         that none of the Club, The Little Ship Club Limited (“the Company”), the Flag Officers, Officers, Committee Members, Directors and employees of the Club or the Company are responsible to you or others for personal injury, loss of life, loss of or damage to your, or anyone else’s, vessel or property arising from your taking part in the Activities.

 

If you are a skipper, you also agree –

·          that the decision to take part in or withdraw from any of the Activities is solely yours and that it is your responsibility to make sure that your vessel and its equipment are sound, that your crew are properly briefed as to safety on board and that both crew and vessel are suitable for the Activities in the conditions prevailing;

·          that any tidal or other navigational information offered by the Club is for guidance only and should be checked by you;

·          that the responsibility to arrange adequate and suitable insurance cover with sufficient geographical and territorial range, including third party liability cover for a minimum sum insured of £2.0 million, for any Activity is yours; and

·          that you will draw this disclaimer to your crew’s attention before participation in any Activity.

 

If you are a crew member, you also agree –

·          that the responsibility to arrange adequate and suitable insurance cover for any Activity is yours.

 

Nothing in this disclaimer seeks to limit any statutory or common law liability that the Club or the Company may have for death or personal injury arising from the negligence of either.

 

Members should be aware that yacht insurers and life insurers may regard some of the Activities listed above as “racing” within the terms of particular insurance policies and that not all policies cover such activity. Members should therefore check for themselves that their insurance protections provide adequate cover for the particular Activity in which they are taking part.

 

 

 

Mark Turvey

Hon Solicitor