Disclaimers
LIMITATIONS OF CLUB'S GENERAL LIABILITY
Members, their guests and visitors are bound by the following Rule:
Members of Bosham Sailing Club Limited (the "Club"), their guests or visitors, 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.
- The Club will not accept any liability for death or personal injury unless such death or injury results from the negligence of the Club.
- Subject to paragraph 2) above and without prejudice to paragraph 1) above, the Club will not accept any liability for any damage injury or loss caused by the acts or omissions by any member or visitor who shall indemnify the Club against any liability for damage, injury or loss so caused.
- Before inviting any guests or visitors onto the Club premises or to participate in events organised by the Club, members will draw their attention to this rule.
NOTE: Parents and guardians are warned that the limitations referred to above apply equally to their children and wards (i.e. those under the age of 18 years). While the Club normally provides patrol boats for organised dinghy racing (subject to the limitations on its liability above) it cannot accept responsibility for children and wards while they are not engaged in such organised activities afloat. Parents and guardians have sole responsibility for their children and wards at all times. The Club cannot be expected to exercise supervision and control.
EVENT DISCLAIMER
The safety of a yacht participating in a race, training course or other event organised by the Club (an "Event") and of its entire management including insurance shall be the sole responsibility of the owner and/or competitor participating who must ensure that the yacht and crew are adequate to face the conditions that may arise in the course of the Event.
Neither the establishment of any sailing instructions nor any inspection of the yacht in any way limits or reduces the absolute responsibility of the owner and/or competitor for his or her crew, his or her yacht and the management thereof.
The Club shall not be responsible for any loss, damage, death or personal injury however caused (other than death or personal injury arising from the negligence of the Club) to the owner and/or competitor, his or her crew nor any damage caused to other yachts whether participating or not, as a result of their taking part in an Event.
Every owner and/or competitor and/or visitor participating in an Event:
- 1. warrants the suitability and capability of his or her yacht for the Event;
- 2. warrants that he or she has in place valid and current insurance against third party claims providing cover of at least £3,000,000 against any one claim or series of claims;
- 3. undertakes to indemnify the Club against any claim that may be brought against it arising out of his or her negligence or default whilst participating in an Event; and
- 4. accepts that any provision of patrol boats by the Club does not relieve him or her of his or her responsibilities.
HEALTH AND SAFETY AT BOSHAM SAILING CLUB
Bosham Sailing Club is about fun on and off the water. To ensure the fun continues, all members and staff need to keep the risks of Health and Safety as low as reasonably practical.
ON THE WATER
Before you go afloat, please make sure that you have given thought to the relevant Health and Safety issues. The boat and its equipment should be checked regularly to ensure it is in a well maintained and safe condition and that there is adequate safety equipment on board. You should carefully check personal safety equipment for yourself and those for whom you are responsible. Make sure that you know how to right your boat if it capsizes and that you carry adequate equipment for baling; that you know how to reef your boat in case the weather changes whilst you are afloat . Whatever you are doing, whether racing, cruising, crewing patrol boats or other waterborne activities, if it is not safe, don't do it.
SAFETY
Safety guidelines for recreational boat users can be found in a useful booklet 'Safety on the Sea' published jointly by the RNLI, HM Coastguard and the RYA. Also, the use of the 'Coastguard Yacht and Boat Safety Scheme' (CG66) is recommended, details from the office. The SeaCheck scheme operated by the RNLI provides professional advice on the condition and equipment of your boat and can be arranged via the RNLI.
OFF THE WATER
Whether you are at the Club House, Cobnor, the Raptackle or the Dinghy Park, there are Health and Safety issues to be considered for you and your children. Most of these are common sense, but do require awareness and vigilance.
PROFESSIONAL SURVEYS AND REPORTS ON SAFETY
To ensure the Club is complying with the law and practice of Health and Safety, the Flag Officers commission regular surveys and reports from Nicholson's Risk Management. These check that the Club is implementing its Health and Safety management system, comprising:
The Health and Safety policy
The organisation for implementing the policy
Planning the implementation of the policy through review of risk assessment
Training policy and programme
Measuring safety performance
Reviewing safety performance to see that lessons are learned and any necessary action taken
Updated December 2020
Last updated 12:01 on 14 March 2024
