SEAFARERS SAILING CLUB Rules
Table of Contents
SECTION 1 - Name and Objects
- The name of the club shall be "THE SEAFARERS SAILING CLUB" ("the Club"). The burgee of the Club shall be a white and orange vertical pendant incorporating the Club logo. The Club shall be affiliated to the Royal Yachting Association. All profit and surpluses will be used to maintain or improve the Club's facilities. No profit or surplus will be distributed other than to another non-profit making body. In the event of the winding up or dissolution of the Club, Rule 69 shall apply.
The objects for which the Club is formed are:
- To encourage the sport of dinghy sailing.
- To impart a knowledge of dinghy sailing, cruising and seamanship to its members by lectures, demonstrations and practical sailing.
- To encourage dinghy racing by the promotion of regattas and racing and the giving of prizes.
- To provide and maintain boats and their equipment for the use of members.
- To provide and maintain a Clubhouse for the use of members for sailing and social purposes.
SECTION 2 - Officers.
The Officers of the Club shall be Full, Family or Senior Members of the Club and shall consist of a Commodore, a Vice-Commodore, a Rear-Commodore, an Honorary Secretary, an Honorary Treasurer and an Honorary Membership Secretary. Officers shall be elected at the Annual General Meeting in each year and shall hold office for one year, retiring at the termination of the Annual General Meeting in each year. All Officers of the Club shall be eligible for re-election with the exception of the Commodore on expiry of three years in office.
The Vice-Commodore shall be responsible for all arrangements for organised sailing within the Club. He shall, as necessary, chair all sub-committee meetings convened for the purpose of discussing the Club's sailing activities.
The Rear-Commodore shall be responsible for managing and maintaining the Club's property. He shall, as necessary, chair all sub-committee meetings convened for the purpose of discussing the maintenance and development of the Club's property including use of the clubhouse.
The Honorary Secretary shall:
- Conduct the correspondence of the Club;
- Keep custody of all Club documents;
- Keep full minutes of all meetings of the Club and committees which shall be confirmed and signed by the appropriate chairman upon the agreement of the Club or the committee at the next following meeting of the Club or the committee and display such confirmed minutes of meetings on the notice board;
- Administer such insurance policy or policies as may be needed fully to protect the interests of the Club, its officers and its members.
The Honorary Treasurer shall:
- Cause such books of account to be kept as are necessary to give a true and fair account of the state of the finances of the Club;
- Cause all returns as may be required by law in relation to such accounts to be rendered at the due time;
- Prepare Annual Accounts and Balance Sheet as at 30th September each year. Cause such Accounts and balance sheet to be audited and a copy of the audited accounts to be exhibited in the Club premises at least fourteen days before the date of the next Annual General Meeting. Prepare a Budget for the next financial year for approval at the Annual General Meeting.
The Honorary Membership Secretary shall:
- Present to the Committee all applications received for membership of the Club and communicate the Committee's decision to the applicant;
- Maintain a register of Club members' names, addresses and boats kept in the compound;
- Administer the allocation of boat parking spaces in the compound.
- Be appointed at the Annual General Meeting in each year and be two in number;
- Audit the accounts of the Club when called upon to do so and give such certificate of assurance as to the accuracy of the said accounts as shall be required by law or the Committee;
- If either is unwilling or unable to act, inform the Committee who shall appoint a substitute to hold office until the termination of the next Annual General Meeting.
SECTION 3 - Membership.
There shall be the categories of membership with power to vote at all meetings of the Club as indicated below. The rights and privileges of each category of membership are as defined in the latest edition of the byelaws of the Club.
A FAMILY MEMBER - which expression shall include one or two parents (as may be) and all children under eighteen years of age - both parents may vote.
A FULL MEMBER - being a person who, at the date of election or renewal, is over the age of eighteen years (unless classed in groups c. or e.) - shall have one vote.
A SENIOR MEMBER - which expression shall include a person who, at the date of election or renewal, is of state retirement age and his/her spouse - both may vote.
A CADET MEMBER - being a person who, at the date of election or renewal, is between the ages of eleven and seventeen years inclusive. Except as allowed for in Rule 65 a cadet member shall have no vote.
A STUDENT MEMBER - being a person who, at the date of election or renewal, is between the ages of eighteen and twenty-five years inclusive, is undergoing a full-time course of training and is not in receipt of wages - shall have one vote.
AN HONORARY MEMBER - who shall be nominated and elected in the manner described in Rule 50 - shall have no vote upon any question affecting the finances of the Club.
A TEMPORARY MEMBER shall have no vote.
Candidates for membership shall have no privileges whatsoever in relation to the use of the Club or its premises.
The rate of entrance, subscription and boat parking fee for each category of membership shall be proposed by the Committee to the members at the Annual General Meeting in each year. Any proposed changes shall be approved by a majority of those present and entitled to vote and shall become operative on the first day of January in the year following. The current rates of entrance and subscription fee shall be prominently displayed in the clubhouse.
All members shall pay the entrance fee and their first annual subscription upon election to the Club and thereafter on the first day of January in each year: Provided that a member elected after the first day of August in any year shall pay half the annual subscription applicable for that year and that a member elected after the first day of November in any year shall not be required to pay any subscription in respect of the year of election, but shall pay, on election, the entrance fee and the annual subscription in respect of the year following election.
Members wishing to keep a boat in the Club's compound shall pay an annual boat parking fee which shall entitle a member to a space in the compound.
A boat space may be re-allocated by the Committee in the following circumstances:
- Upon a space not being occupied by the member's boat within one month of notice of allocation being given or the 3lst May whichever is the later.
Upon a member failing to pay his boat parking fee within fourteen days of him being requested to pay such fee by the Honorary Membership Secretary.
When a boat space is re-allocated by the Committee, any boat parking fee paid for that year shall be refunded to the member.
- Every member shall furnish the Honorary Membership Secretary with an up-to-date address which shall be recorded in the Register of Members and any notice sent to such address shall be deemed to have been duly delivered.
Election and Retirement of Members
An application for membership shall be in the form prescribed by the Committee and shall include the name, address and occupation of the candidate.
All Candidates for membership shall complete an application form which shall be presented to the committee by the Honorary Membership Secretary for consideration. The election of all categories of members is vested in the Committee and shall be by a simple majority of those members present and voting at the relevant meeting of the Committee. Where an application is recommended, the Honorary Membership Secretary shall invite the candidate to an informal meeting with the Commodore and/or other members of the committee, normally at a suitable Tuesday evening Club night. The purpose of the meeting is to ensure the candidate is fully aware of the responsibilities of membership and is willing and able to carry them out. If there is mutual agreement, the Commodore or other Committee member may hand over a membership package which shall include a copy of the rules and byelaws and an invoice for the required fees. Membership will be effective from the day of the informal meeting, subject to rule 19 and subject to at least 48 hours having elapsed since the submission of the membership application.
In the case of refusal of membership at the committee stage or following a meeting with the candidate, the Honorary Membership Secretary will so inform the candidate in writing.
Upon election, a candidate shall pay, within one calendar month, such entrance and other fees as shall be requested. In default of such payment, the election shall be void unless sufficient cause for delay be shown.
At the discretion of the Management Committee, any candidate for membership who has previously been a member of the Seafarers Sailing Club may be excused payment of any entrance or joining fee as may normally be payable. The candidate would be required to pay the annual subscription and any other annual fees. Having been an under-eighteen year old or a spouse covered by Family or Senior membership will satisfy the requirement to have had previous membership. In deciding whether to waive the entrance/joining fee the Committee will take into consideration duration of, and reason for, break in membership. The entrance/joining fee will not normally be waived where the break has been greater than five years.
A member desirous of retiring from membership shall give notice in writing to the Honorary Membership Secretary before the last day of November and shall not then be liable to pay the subscription for the following year. Upon re- application by a past member the Committee may, at its discretion, excuse the payment of an entrance fee.
The Committee may cancel, without notice being given, the membership of any member whose annual subscription and other annual fees are more than six weeks in arrears provided that the Committee may, at its discretion, reinstate such member upon payment of arrears. No member whose annual payments are in arrears may enter any club event or regatta nor vote at any meeting.
Conduct of Members
Every member, upon election and thereafter, is deemed to have notice of, and impliedly undertakes to comply with, the Club Rules and the current Byelaws and Regulations of the Club. Any refusal or neglect to do so, or any conduct which, in the opinion of the Committee, is either unworthy of a member or otherwise injurious to the interests of the Club, shall render a member liable to expulsion by the Committee PROVIDED THAT, before expelling a member, the Committee shall call upon such member for a written explanation of the member's conduct and shall give the member full opportunity of making explanation to the Committee, or of resigning. A resolution to expel a member shall be carried by a simple majority vote by those members of the Committee present and voting on the resolution.
Members shall enter the names of all guests in the Visitor's Book. Not more than three guests may be introduced in any one day by one member and the same guest may not be introduced more than six times in any calendar year.
A member shall not knowingly remove, injure, destroy or damage any property of the Club and shall make restitution for the same if called upon to do so by the Committee.
A member shall not cause any communication in whatever form to be exhibited on Club notice boards or premises without permission of the Honorary Secretary.
A member shall settle any indebtedness for refreshment or otherwise before leaving the Club premises, or in accordance with any Byelaw relating to the settlement of such indebtedness.
- All suggestions shall be entered in the Suggestion Book and signed by the member.
Complaints of any nature relating to the management of the Club premises shall be addressed in writing to the Honorary Secretary.
A member of any club affiliated to the Royal Yachting Association may be authorised to use the premises of the Club by any member of the Committee of the Club. Such authorisation shall specify between which dates (not being more than fourteen days apart) the said person may so use the premises.
Any person who is a competitor or crew member in any race sponsored by or on behalf of the Club is entitled to the use of the Club premises and to purchase intoxicating liquor for consumption on the premises by such person or his guest, within a period of 24 hours before and after the race in which they are competing.
Any officer who has received the agreement of two members of the Committee, may expel, temporarily or permanently, any person who has the right to the use of the Club premises only under rules 30 and 31.
Limitation of Club Liability
Members, their guests and visitors are bound by the following rule which shall also be exhibited in a prominent place within the Club premises:
Members of the Club, their guests or visitors may use the Club premises, and any other facilities of the Club, entirely at their own risk and impliedly accept that:
The Club will not accept any liability for any damage to or loss of property belonging to members, their guests or visitors to the Club.
The Club will not accept any liability for personal injury arising out of the use of the Club premises and any other facilities of the Club either sustained by members, their guests or visitors or caused by the said members, guests or visitors whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of them, the officers, Committee or servants of the Club.
Membership of the Club and acceptance of these Rules by the member will be deemed to constitute consent to, for the purposes of the Data Protection Act 1984, the holding of relevant personal data on computer files. Such data will only be used internally for the efficient operation of the Club and measures will be taken to guard against unauthorised access.
SECTION 4 - Management Committee
The Management Committee ("the Committee") shall consist of the Officers, ex officio, five Family, Full or Senior members and one Cadet member of the Club elected at the Annual General Meeting each year to hold office until the termination of the next following Annual General Meeting.
Candidates for election to the Committee (not being Officers of the Club) shall be those members of the retiring Committee offering themselves for re- election and such other Family, Full, Senior or Cadet members whose nominations (duly proposed and seconded in writing) with their consent, shall have been received by the Honorary Secretary at least fourteen days before the date of the Annual General Meeting in each year. Such nominations, together with the names of the proposer and seconder shall be posted in the Club premises at least seven days prior to the date of the Annual General Meeting.
If the number of candidates for election is greater than the number of vacancies to be filled then there shall be a ballot.
In the event of the ballot failing to determine the members of the Committee because of equality of votes the candidate or candidates to be elected from those having an equal number of votes shall be determined by lot.
If, for any reason, a casual vacancy shall occur, the Committee may co-opt a Family, Full, Senior or Cadet member (as appropriate) to fill such a vacancy until the next following Annual General Meeting.
A retiring Commodore shall serve as an ex officio member of the Committee in the year immediately following his retirement.
The Committee shall meet at least every two months making such arrangements as to the conduct, place of assembly and holding of such meetings as it may wish. The Commodore or in his absence a Chairman elected by those present shall preside.
Voting (except in the case of a resolution relating to the expulsion of a member) shall be by a show of hands. In the case of equality of votes the Commodore or Chairman (as the case may be) shall have a second and casting vote.
Seven members personally present (which shall include at least two Officers) shall form a quorum at a meeting of the Committee.
Powers of the Committee
The Committee shall manage the affairs of the Club according to the Rules and shall cause the funds of the Club to be applied solely to the objects of the Club or for a benevolent or charitable purpose nominated by General Meeting.
The Committee shall make such Byelaws and Regulations as it shall from time to time think fit and shall cause the same to be exhibited in the Club premises for fourteen days before the date of implementation. Such Byelaws and Regulations shall remain in force until approved or set aside by a vote at a General Meeting of the Club.
The Committee may appoint such sub-committees as it may deem necessary and may delegate such of its powers as it may think fit upon such terms and conditions as shall be deemed expedient and/or required by the law. Such sub- committees shall consist of such members of the Committee or of the Club as the Committee may think fit.
A member of the Committee, of a sub-committee or any Officer of the Club, in transacting business for the Club, shall disclose to third parties that he is so acting.
The Committee, or any person or sub-committee delegated by the Committee to act as agent for the Club or its members, shall enter into contracts only so far as expressly authorised, or authorised by implication, by the members. No one shall, without the express authority of the membership in General Meeting, pledge the credit of the membership.
In pursuance of the authority vested in the Committee by members of the Club, members of the Committee are entitled to be indemnified by the members of the Club against any liabilities properly incurred by them or any one of them on behalf of the Club wherever the contract is of a duly authorised nature or could be assumed to be of a duly authorised nature and entered into on behalf of the Club. The limit of an individual member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate for that category of membership unless the Committee has been authorised to exceed such limit by a General Meeting of the Club.
The Committee may nominate for election at an Annual General Meeting such Honorary Members as the Committee think fit. The total of such Honorary Members shall not, however, at any time, exceed five percent of the total number of members nor shall the number of Honorary Members exceed at any one time six in number. The election of Honorary Members shall be put to the vote at the Annual General Meeting each year and such Honorary Members shall be duly elected if two thirds of those present and entitled to vote, vote in favour of election.
Purchase and Supply of Excisable Goods
The purchase for the Club of excisable goods and the supply of the same upon Club premises shall be exclusively and solely under the control of the Committee, or of a special sub-committee appointed by the Committee. Intoxicating liquor may only be sold for consumption on the Club premises to persons over the age of eighteen who are entitled to the use of the Club premises in pursuance of the Rules, Byelaws and Regulations for the time being in force. No Cadet member under the age of eighteen may purchase or attempt to purchase intoxicating liquor within the Club premises nor may a Cadet member under the age of sixteen purchase or attempt to purchase tobacco or cigarettes within the Club premises.
Subject to the requirements of the licensing authorities, the Committee shall cause the Club bar to be opened at convenient times (and such times shall be prominently exhibited in the Club premises) for the sale of excisable goods to persons who are entitled to the use of the premises of the Club in pursuance of these rules (except Cadet Members as aforesaid) : PROVIDED THAT visitors' names and addresses and the name of their introducer shall have been entered in the Visitor's Book upon entry to the Club premises.
No person shall take a commission, percentage or other such payment in connection with the purchase of excisable goods for the Club. Any profit deriving from the sale of such goods shall (after deduction of the costs of providing such goods for the benefit of the Club) be applied to the provision of additional amenities or the purchase of property to be held in trust for the benefit of the Club.
Proper accounts of all purchases shall be kept and presented at the Annual General Meeting in each year and such information as the Honorary Secretary or Honorary Auditors may require shall be furnished to enable any statutory return or statement and the payment of excise or other duty or tax to be made.
SECTION 5 - Trustees
There shall be at least three Trustees of the Club who shall be appointed from time to time as necessary by the Committee of the Club from among the Family, Full, Senior or Honorary Members who are willing to be so appointed. A Trustee shall hold office during his lifetime or until he shall resign, by notice in writing given to the Committee, or until a resolution removing him from office shall be passed at a meeting of the Committee by a majority comprising two-thirds of the members present and entitled to vote. Trustees shall be ex-officio members of the Committee.
All property of the Club, including land and investments, shall be held by the Trustees for the time being, in their own names so far as it is necessary and practicable, on trust for the use and benefit of the Club. On the death, resignation or removal from office of a Trustee, the Committee shall nominate a new Trustee in his place, and shall as soon as possible thereafter take all lawful and practicable steps to procure the vesting of all Club property into the names of the Trustees as constituted after such nomination. For the purpose of giving effect to any such nomination, the Honorary Secretary for the time being is hereby nominated as the person to appoint new Trustees of the Club within the meaning of Section 36 of the Trustee Act 1925 and he shall by deed duly appoint the person or persons so nominated by the Committee.
The Trustees shall in all respects act, in regard to any property of the Club held by them, in accordance with the directions of the Committee, and shall have power to sell, lease, mortgage or pledge any Club property so held for the purpose of raising or borrowing money for the benefit of the Club in compliance with the Committee's directions (which shall be duly recorded in the minutes of the proceedings of the Committee) but no purchaser, lessee or mortgagee shall be concerned to enquire whether any such direction has been given.
The Trustees shall be effectually indemnified by the Committee out of the assets of the Club from and against any liability, costs, expenses and payments whatsoever which may be properly incurred or made by them in the exercise of their duties or in relation to any property of the Club vested in them, or in relation to any legal proceedings, or which otherwise relate directly or indirectly to the performance of the functions of a Trustee of the Club.
SECTION 6 - Meetings of the Club
An Annual General Meeting of the Club shall be held each year in the month of November on a date to be fixed by the Committee. The Honorary Secretary shall at least fourteen days before the date of such meeting or of any General Meeting notify the members of such meeting by placing in a prominent place on the Club notice boards notice of such meeting, stating the time when and place where it will be held and the business that will be brought before it.
No business, except the passing of the accounts and the election of the Officers, Committee, Trustees and Honorary Auditors, and any business that the Committee may order to be inserted in the notice convening the meeting shall be discussed at such meeting unless notice of it is given in writing by a member entitled to vote to the Honorary Secretary at least forty-two days before the date of the Annual General Meeting.
The Committee may at any time, upon giving twenty one days notice in writing, call a General Meeting of the Club for any special business, the nature of which shall be stated in the summons convening the meeting, and the discussion at such meeting shall be confined to the business stated in the notice sent to members.
The Committee shall similarly call a General Meeting upon a written request addressed to the Honorary Secretary by at least twelve members. The discussion at such meeting shall be confined to the business stated in the notice sent to members.
At every meeting of the Club the Commodore or, in the Commodore's absence, a chairman elected by those present shall preside.
Twenty five members entitled to vote and personally present shall form a quorum at any meeting of the Club.
Only Family, Full, Senior, Student, Honorary members and one Cadet member duly elected onto the Committee shall vote at any meeting of the Club. Other members may attend but are not entitled to vote.
Voting, unless otherwise directed by members of the Committee shall be by show of hands.
In the case of an equality of votes the Chairman shall have a second or casting vote on any matter other than the election of members of the Committee.
On any resolution properly put to a meeting of the Club relating to the creation, repeal or amendment of any Rule, Byelaw or Regulation of the Club such Rule, Byelaw or Regulation shall not be created, repealed or amended except by a majority vote of at least two-thirds of those present and entitled to vote.
SECTION 7 - Dissolution of the Club
If, upon the winding up or dissolution of the Club, there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall not be paid to or distributed amongst the members of the Club but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Club, such institution or institutions to be determined by the members of the Club by resolution passed at a General Meeting at or before the time of the dissolution and if and so far as effect cannot be given to such provision then to some charitable object.
SECTION 8 - Byelaws
The present rights and privileges of each category of membership shall be as follows:
- A FAMILY MEMBER, his/her spouse and all children under the age of eighteen shall have full use of all the Club facilities subject only to Rule 51.
- A FULL MEMBER shall have the full use of all the Club facilities.
- A SENIOR MEMBER and his/her spouse shall have full use of all the Club facilities.
- A CADET MEMBER shall have the full use of all the Club facilities subject only to Rule 51.
- A STUDENT MEMBER shall have the full use of all the Club facilities.
- AN HONORARY MEMBER shall have the full use of all the Club facilities.
- A TEMPORARY MEMBER (which expression may include members of
another RYA affiliated club or organisation) shall have the full use
of the Club facilities but:
- Shall have no right to enter Club races or regattas unless specifically authorised by the Honorary Secretary or Committee.
- Shall have no right to introduce visitors to the Club or it's facilities.
- Shall have no right to take any part in the management of the Club.
- Is deemed to have notice of and impliedly undertakes to comply with the Club rules, current Byelaws and Regulations as if he or she were a member of the Club and so far as the said Rules, Byelaws and Regulations may be deemed to apply to such Temporary Member.
- Shall be liable to expulsion from the Club premises or prohibited from using Club facilities if, in the opinion of the Honorary Secretary, he or she shall not have reasonably complied with the above conditions.
Club members are requested to take all reasonable steps to ensure the safety and security of Club premises and property.
All Club members except the Commodore are required to act as members of a duty crew when rostered unless granted specific dispensation by the Management Committee. In the event of failure to fulfil such duties they may be required to give a written explanation to the Committee.
Each category of membership shall be limited to apply for no more than two boat parking spaces in the Club's compound.
Any boat in the Club's compound must comply with the following:
- It must not exceed five metres in length.
- It must not be a multi-hulled craft.
- It must be a sailing dinghy.
- It will not be placed in the Club's compound during the months of December, January, February and March except as may otherwise be directed by the Committee.
Any boat parked in the compound or used by club members (whether as helm or crew) for club events, must be fully insured against such risks as the Committee shall direct. Specifically, it shall carry third party insurance to the level currently recommended by the Royal Yachting Association. For boats parked in the compound this shall be promulgated and accepted by means of a signed declaration included within application and renewal forms. For boats racing, the signing-in sheet shall require helms to confirm that their boat is insured. A Certificate of insurance must be produced to an officer of the club on request.
In addition to the powers given to the Committee under Rule 23 and 45 if, at any time, any fees payable to the Club by any member or former member shall be three months or more in arrears and a vessel the property of a member or former member remains in the Club's compound, the Committee may:
- Move the vessel to any other part of the Club's compound without being liable for any loss or damage to the vessel howsoever caused.
- Give one month's notice in writing to the member or former member at his last known address as shown in the Club Register and thereafter sell the vessel and deduct any monies due to the Club (whether by way of arrears of subscription or annual payments, dinghy parking fee or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the member or former member.
- Alternatively, if the vessel is unsaleable, after giving notice in writing as detailed above, dispose of the vessel in any manner the Committee may think fit and deem the cost of doing so and any monies due to the Club to be a debt owing to the Club by the member or former member. PROVIDED ALWAYS THAT: Proper evidence is available to show that all reasonable steps have been taken to trace a member or former member and that when and if the vessel is sold the proceeds of sale (less any indebtedness by the member or former member to the Club) shall be placed upon bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member or otherwise) for a period of six years.
Club members wishing to use the Club's dinghies shall abide by the then current instructions issued by the Committee.
At all times the rescue boat may only be launched by a recognised and experienced coxswain.
No wet sailing gear may be worn in the Clubroom.