{"ID":180,"SpaceID":1,"PageID":31,"CreateCopyOfID":null,"HasCommentsThread":false,"SeoTags":{"OpenGraphTags":[{"ID":"og:title","Name":"Club Policy"},{"ID":"og:type","Name":"website"},{"ID":"og:url","Name":"https://www.londonsailing.club/Cms/Spaces/DEFAULT/Club+Policy"}],"NonOpenGraphTags":[]},"Path":"Club+Policy","Title":"Club Policy","Author":{"ID":4,"Name":"Rob Martineau","CompanyName":null},"Version":1,"IsDraft":false,"IsOldVersion":false,"PublicationDate":"28/11/2021 21:31","VersionDescription":"v1 - Club Policy - Rob Martineau - 28/11/2021 21:31","HideHeader":false,"IsFullWidth":true,"Blocks":[{"Columns":[{"Width":12,"WidthClasses":"col-md-12","Elements":[{"ID":433,"Type":"HTML","Content":"\u003ch4\u003e(Reproduced from Section 4 of the \u003ca href=\u0022https://www.myclubhouse.co.uk/LondonSailingClub/Client/Documents/LSC_Members__Hanbook_2021.pdf\u0022 target=\u0022_blank\u0022\u003eLSC Members’ Handbook 2021\u003c/a\u003e)\u003cbr\u003e\u003c/h4\u003e\n\u003cp\u003e\u003c/p\u003e\n\u003ch4\u003e4. Club policies regarding sailing trips advertised through Club platforms\u003c/h4\u003e\n\u003cp\u003eThe policies contained within this section of the handbook cover key topics such as: the limitations of the Club’s own liability; the need for everyone on board the boat to be a Club member; the difference between non-commercial and commercial trips; and the wordings of some specific content which must be included in all event descriptions. The following policies shall be understood to form part of the rules, byelaws and regulations of the London Sailing Club (also commonly known as ‘LSC’, and referred to herein as the ‘Club’) that are referred to in the Club’s constitution. As such, every member, upon election and thereafter, is deemed to have notice of, and undertakes to comply with, these policies. The following policies shall only apply to sailing trips and other waterborne activities that are being promoted through platforms and mediums that are either controlled by, or primarily associated with, the Club. The number and nature of such platforms and mediums may evolve over time but, at the time of writing, they include the Club’s own website, its related Meetup.com group, and its various social media accounts. Many of the Club’s members also organise and/or participate in other sailing activities with groups and individuals that have nothing to do with the Club and which are not being promoted through platforms and mediums that are either controlled by, or primarily associated with, the Club; such extraneous activities are of course beyond the scope of the Club’s own policies. In the policies that follow, the terms ‘sailing trip’ and ‘trip’ shall both be understood to mean ‘sailing trip or other waterborne activity’, and the term ‘participant’ shall be understood to mean ‘any and all of a particular trip’s organisers, hosts, skippers, attendees and crew’.\u003c/p\u003e\n\u003ch4\u003e4.1. Responsibility and liability for sailing trips\u003c/h4\u003e\n\u003cp\u003eIn relation to the limitation of the Club’s liability in general, the Club’s constitution states that ‘Members of the Club may attend Club events entirely at their own risk and impliedly accept: (a) The Club will not accept any liability for any damage to or loss of property belonging to members. (b) The Club will not accept any liability for personal injury, financial loss or death arising out of attendance of Club events either sustained by members or caused by the said members whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of them, the Officers, Committee, Trustees or Servants of the Club.’. As such, the Club will not be held responsible for, or liable in relation to, any sailing trip. Ultimately, the organisation and execution of any sailing trip remains the responsibility of the individual member(s) who is/are acting as organiser(s), host(s) and/or skipper(s) in relation to that particular trip. By using the services of the Club to promote a trip, the member agrees that the Club acts exclusively as his/her agent for the purposes of introducing members to each other.\u003c/p\u003e\n\u003ch4\u003e4.2. Eligibility and visibility of sailing trip organisers, hosts and skippers\u003c/h4\u003e\n\u003cp\u003eAny individual(s) acting or anticipated to act, either solely or jointly, in the capacity of organiser, host and/or skipper of a sailing trip being promoted through platforms and mediums that are either controlled by, or primarily associated with, the Club shall:\u003c/p\u003e\n\u003cp\u003e• be a full, current and paid-up member of the Club from the point in time when the trip is originally promoted through to the point in time at which the trip has physically concluded, and continuously between those two points in time;\u003c/p\u003e\n\u003cp\u003e• be clearly and visibly described within the event description and/or other relevant fields as acting in the capacity in which they are acting.\u003c/p\u003e\n\u003ch4\u003e4.3. Eligibility and visibility of sailing trip attendees\u003c/h4\u003e\n\u003cp\u003eAny individual(s) attending and/or participating in a sailing trip being promoted through platforms and mediums that are either controlled by, or primarily associated with, the Club shall:\u003c/p\u003e\n\u003cp\u003e• be a full, current and paid-up member of the Club on the day prior to the day of commencement of the trip;\u003c/p\u003e\n\u003cp\u003e• have their identity made visible to the Club from the point in time at which they agree to attend and/or participate in the trip through to the point in time at which the trip has physically concluded, and continuously between those two points in time.\u003c/p\u003e\n\u003cp\u003eThe above requirements (namely Sections 4.2. and 4.3.) apply equally to any and all persons physically present aboard the vessel during any part of the trip, irrespective of whether they learned of and/or signed up to the trip via the Club’s own platforms or via any other means. Until such time as the Club’s platforms, mediums and systems are capable of automatically enforcing the above requirements (namely Sections 4.2. and\u0026nbsp; 4.3.), the responsibility for ensuring compliance and the liability for non-compliance shall reside with the trip’s organiser(s), host(s) and/or skipper(s) rather than with any individual attendee.\u003c/p\u003e\n\u003ch4\u003e4.4. Non-commercial (or shared-cost) sailing trips versus commercial (or for-profit) sailing trips\u003c/h4\u003e\n\u003cp\u003eThe sailing trips being promoted through the Club’s platforms are classifiable into one of two categories: the majority of the trips are organised on a ‘non-commercial (or shared-cost)’ basis, although some of our members do offer trips that are run on a ‘commercial (or for-profit)’ basis. Any member who satisfies the eligibility criteria outlined at Section 4.2 above is welcome to organise, host and/or skipper trips that fall into either of these two categories, although members running trips on a commercial (or for-profit) basis should of course make themselves fully aware of, and comply with, all of the additional legal, training, licensing and insurance obligations related to commercial (or for-profit) operations.\u003c/p\u003e\n\u003cp\u003eIn order to provide transparency and ensure that members understand which type of trip they are joining, the Club draws a visible distinction between the aforementioned two categories, and all trips being promoted through the Club’s platforms must be clearly labelled accordingly. This is also a de facto requirement of the Club’s affiliation with the RYA (which requires its affiliated clubs to be primarily non-commercial in nature and activity), and it has implications for the Club’s insurance arrangements.\u003c/p\u003e\n\u003cp\u003eIn keeping with guidance issued by the MCA and the RYA, and in line with MGN489 and the code of practice for the safety of small commercial sailing vessels, the Club defines a non-commercial (or shared-cost) sailing trip as one which clearly and demonstrably meets all three of the following\u0026nbsp; criteria:\u003c/p\u003e\n\u003cp\u003e• The costs and expenses being shared among participants are limited to the direct expenses incurred in relation to the duration of the trip itself, rather than in relation to any broader period of time.\u003c/p\u003e\n\u003cp\u003e• The aforementioned costs and expenses are being shared in an equal and/or fair manner among all participants. Note that ‘fair’ may not always mean ‘equal’ in this context; for example, a participant’s fair share of a\u0026nbsp;yacht’s charter cost might sensibly reflect practical variations such as cabin size or single-occupancy of a particular cabin.\u003c/p\u003e\n\u003cp\u003e• The trip is being organised and executed for the equal benefit and pleasure of all participants, with no member or members benefiting financially and/or receiving any form of benefit in kind at the expense of another member or members.\u003c/p\u003e\n\u003cp\u003eThe Club defines any trip which cannot clearly and demonstrably meet all three of the above criteria as being run on a commercial (or for-profit) basis. Other examples of specific arrangements that would result in a trip being defined as being run on a commercial (or for-profit) basis include, but are not limited to, the following:\u003c/p\u003e\n\u003cp\u003e• If any part of the monies or financial contributions being sought or collected by the trip’s organiser(s), host(s) and/or skipper(s) goes beyond the direct expenses (such as, for example, charter fees, groceries, fuel and marina costs) incurred in relation to the duration of the trip itself.\u003c/p\u003e\n\u003cp\u003e• If any part of the monies or financial contributions being sought or collected by the trip’s organiser(s), host(s) and/or skipper(s) is intended to cover a portion of the yacht’s annual maintenance costs, annual berthing fees, depreciation or capital/interest payments pertaining to the yacht’s mortgage or financing agreement.\u003c/p\u003e\n\u003cp\u003e• If the trip’s organiser(s), host(s) and/or skipper(s) are making a gross and/or a net profit either in relation to the trip as a whole or in relation to any individual component (such as, for example, fuel or groceries) that is being provided as part of the trip.\u003c/p\u003e\n\u003ch4\u003e4.5. Required content to be included in the event descriptions of all sailing trips\u003c/h4\u003e\n\u003cp\u003eSection 3.3. and Appendix 5.2. of this handbook give examples of some types of content that may be usefully included in a good event description. However, there are three specific items which must be included verbatim in all event descriptions: one item relates to the category of the trip; one relates to the need for all participants to be full members of the Club; and the other relates to the Club’s standardised terms and conditions and disclaimer. The details are as follows.\u003c/p\u003e\n\u003ch5\u003e4.5.1. The category of the trip\u003c/h5\u003e\n\u003cp\u003eAll trips that meet the definition of a non-commercial (or shared-cost) trip, as defined in Section 4.4. above, must have the following wording included in a prominent position within the main body of their event descriptions: ‘This is a non-commercial trip run on a shared-cost basis.’. All trips that meet the definition of a commercial (or for-profit) trip, as defined in Section 4.4. above, must have the following wording included in a prominent position within the main body of their event descriptions: ‘This is a commercial trip run on a for-profit basis.’. For the purposes of complying with this section. a prominent position means that the prescribed text is displayed visibly within the initial paragraph of the event’s description.\u003c/p\u003e\n\u003ch5\u003e4.5.2. The need for all participants to be full members of the Club\u003c/h5\u003e\n\u003cp\u003eAll trips must have the following wording included within the main body of their event descriptions: ‘Note that, because this trip is being advertised via the London Sailing Club’s platforms, any participant who is not already a full member of the Club (which costs £24 per year) will need to join prior to the start of the trip.’. For the purposes of complying with this section, the above wording must appear within the main body of the event description and must not be included solely within the closing terms and conditions, although organisers, hosts and/or skippers should feel at liberty to repeat the wording there if desired.\u003c/p\u003e\n\u003ch5\u003e4.5.3. The Club’s standardised terms and conditions and disclaimer\u003c/h5\u003e\n\u003cp\u003eIn addition to any other terms, conditions and disclaimers that a trip’s organiser(s), host(s) and/or skipper(s) may wish to include within the event description (see Appendix 5.2 for some examples), the following wording must be included: ‘By responding to this London Sailing Club (‘LSC’) trip, you acknowledge and agree that the principal purpose of the LSC is to provide a forum for members of the LSC to engage in social activities. The Event Host is an occasional Event Host and not a professional organiser (as such term is defined under The Package Travel and Linked Travel Arrangements Regulations 2018); accordingly, this event shall not be construed as a package tour or package holiday.’.\u003cbr\u003e\u003c/p\u003e","ContentConfig":{"Caption":null,"Icon":null,"IconColour":null,"CaptionColour":null,"UnderlineColour":null,"TextColour":null,"PaddingLeft":null,"PaddingTop":null,"PaddingRight":null,"PaddingBottom":null,"FontSize":null,"LineHeight":null,"BottomMargin":0,"PhoneVisible":true,"TabletVisible":true,"DesktopVisible":true},"ComponentCode":null,"ComponentError":null,"BottomMargin":0,"ResponsiveClasses":"","Background":{"Colour":null,"ImageURL":null,"Filter":null,"IsParallax":false,"Image":""},"ImageConfig":{"ImageURL":null,"ObjectFit":"contain","ImageHeight":null,"FrameStyle":null,"BorderRadius":null,"AltText":null,"LinkURL":null,"PaddingLeft":null,"PaddingTop":null,"PaddingRight":null,"PaddingBottom":null,"BottomMargin":0,"PhoneVisible":true,"TabletVisible":true,"DesktopVisible":true}}]}],"ColumnSpacing":0,"BottomMargin":0,"TopPadding":0,"IsFullWidth":true,"IsBackgroundFullWidth":true,"Background":{"Colour":"rgb(232, 235, 239)","ImageURL":null,"Filter":null,"IsParallax":false,"Image":"linear-gradient(rgb(232, 235, 239), rgb(232, 235, 239))"}}],"PageURL":"https://www.londonsailing.club/Cms/Spaces/DEFAULT/Club+Policy?version=1","AllVersions":[{"ID":180,"Name":"v1 - Club Policy - Rob Martineau - 28/11/2021 21:31"}],"Comments":[],"UpdatedComments":[],"Spaces":[],"IsWatching":false,"LastViewTime":null,"CanEdit":false,"CanPublish":false,"CanCopy":false,"CanComment":false,"CanReadComments":false,"CanModerateComments":false,"CanLike":false,"CanWatch":false}