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Medley Sailing Club, Oxford

Rules December 2018

Section 1: Name and Objects

1.1 Name

The name of the Club shall be the Medley Sailing Club, Oxford (hereinafter referred to in

these rules as the Club). The Club Burgee shall be green with a horizontal light blue stripe.

1.2 Purpose

The purposes for which the Club is formed are to promote the sport of sailing and dinghy

racing and to provide social and other facilities for members as may be from time to time.

The Club is a non-profit making organisation. All profits and surpluses will be used to

maintain or improve the club’s facilities. No profit will be distributed.

Section 2 Officers

2.1 Officers of the Club

The Officers of the Club shall be Full members of the Club and shall consist of a Commodore,

Vice- Commodore, Rear- Commodore, Secretary, Treasurer, Racing Secretary, Membership

Secretary.

Commodore, Vice Commodore, Rear Commodore, Racing Secretary, Membership Secretary

shall be elected at an Annual General Meeting in each year and shall hold office for one

year, retiring at the termination of the Annual General Meeting each year.

The Treasurer shall be elected at the first Annual General Meeting and thereafter every

second year.

The Secretary shall be elected at the second Annual General Meeting and thereafter every

second year

All Officers of the Club shall be eligible for re-election, except the office of Commodore shall

not be held by the same person for more than three consecutive years but he/she shall be

eligible for re-election after an interval of not less than one year.

2.2 Duties of Secretaries etc.

The Secretary (and/or the Membership Secretary) shall: -

(a) Keep a register of Club members’ names and addresses

(b) Conduct the correspondence of the Club

(c) Keep custody of all Club documents

(d) Keep full minutes of all meetings of the Club, the Committee and any Sub-

Committees which shall be confirmed and signed by the appropriate Chairman upon

the agreement of the Club, the Committee or Sub-Committee at the next following

meeting of the Club, the Committee or sub- Committee. In the absence of the

Secretary minutes may be kept by some other person appointed by the Chair, copies

of such minutes shall be made available to the Secretary.

(e) Maintain contact with the Club’s Legal Advisor to ensure that the Club’s affairs are

managed in accordance with current law.

(f) Maintain any such certificates or registrations, and complete any such non-financial

returns, as may be required by law.

2.3 Duties of Treasurer

The Treasurer shall: -

a) Cause such books of account to be kept as are necessary to give a true and fair view

of the state of the finances of the Club.

b) Cause all returns as may be required by law in relation to such accounts to be

rendered in due time.

c) Prepare an Annual Balance Sheet as at the 30

th

September in each year and cause

such Balance Sheet (and accounts as necessary) to be reviewed at least once

annually and shall thereafter cause the same to be exhibited in the Club premises at

least fourteen days before the date of the Annual General Meeting.

d) Present the Annual Balance Sheet to the Club at its Annual General Meeting.

e) Administer such insurance policy or policies as may be needed fully to protect the

interests of the Club, its Officers and its members.

2.4 Duties of Honorary Auditors

The Honorary Auditors shall: -

a) Be appointed at the Annual General Meeting in each year and shall be two

appropriately experienced/ qualified members of the Club other than the

Treasurer or Committee members.

b) The Hon. Auditors shall review the accounts and Annual Balance Sheet of the Club

when called upon to do so and shall give such certificate of assurance as to the

accuracy of the said accounts as shall be required by law or by the Committee.

c) If either 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

3.1 Categories and Votes of Members

The following categories have Full Membership of the Club:

a) An ORDINARY MEMBER – being a person who, at the date of election, shall have

attained the age of Twenty-Six years shall have one vote.

b) A FAMILY MEMBER – which expression shall include one or two co-habiting adults

and all children within their guardianship under eighteen years of age. The family

unit shall have one vote per adult.

A child under the age of eleven may only be a member of the Club as part of a family

membership group. Use of the Club facilities and participation in the Club events is

conditional on direct supervision by a parent or guardian, who will be solely

responsible for the Members care and safety. The Club will not assume any

responsibility for a Member under the age of eighteen.

c) An ORDINARY MEMBER (18-26) – being a person who, at the date of election is

between the ages of Eighteen and Twenty- Six shall have one vote.

d) An HONORARY MEMBER – being a full member of the Club shall have one vote.

3.2 Associate Membership

The total number of Junior and Temporary members shall not exceed 15% of the number of

Members eligible to vote.

a) A JUNIOR MEMBER – being a person who, at the date of election, is between the

ages of Eleven and Eighteen shall have no vote.

Such a member shall be one who at the commencement of the subscription year

joins the Club other than as a Full or Family Member.

While Medley Sailing Club is committed to encouraging children and young people to

take up sailing it is unable to make special provision for unaccompanied children,

although it is aware of the need to exercise due diligence where children are

concerned.

The Rule and Bylaws concerning Junior Members are designed to provide some

protection against the risks associated with dinghy sailing.

A Junior Member’s continued membership of the Club depends on these rules being

obeyed.

b) A RETIRED MEMBER – being a member who has held full membership for at least

seven years and who no longer sails, who shall have no vote.

c) A TEMPORARY MEMBER – who shall have no vote.

Rights and privileges of Members

3.3 The rights and privileges of each category of membership shall be as follows: -

a) An ORDINARY MEMBER shall have full use of all the Club facilities and be granted a

key to the club compound.

b) A FAMILY MEMBER his/her co-habitee (if any) and all the children within their

guardianship under the age of eighteen shall have full use of all the Club facilities

subject only to rule 7.1 and be granted one key per family to the club compound.

c) An ORDINARY MEMBER (18-26) shall have full use of all the Club facilities and be

granted a key to the club compound.

d) An HONORARY MEMBER shall have full use of the Club facilities and be granted a

key to the club compound.

e) A JUNIOR MEMBER shall have the full use of all the Club facilities subject to Byelaw

12.

f) A RETIRED MEMBER shall have use of the Club house facilities.

g) A TEMPORARY MEMBER (which expression may include members of another RYA

recognised Club or organisation) shall have full use of the Club facilities but:

1. Shall have no right to enter Club races or regattas unless specifically authorised

by the Secretary or Committee.

2. Shall have no right to introduce visitors to the Club or the facilities thereof.

3. Shall have no right to take part in the management of the Club.

4. Is deemed to have notice of and impliedly undertakes to comply with the Club

Rules and any Bylaws or Regulations as if he or she were a member of the Club

and so far as the said Rules, Bylaws and Regulations may be deemed to apply to

such a Temporary Member.

5. Shall be liable to be expelled from the Club premises or be prohibited from using

the Club facilities if, in the opinion of the Secretary, he or she shall not have

reasonably complied with the above conditions.

6. No right to helm boats owned by the club.

Membership Applicants

Candidates for membership shall have no privileges whatsoever in relation to the use of the

Club or premises.

3.4 Membership Entrance and Subscription Fee

The rate of entrance, subscription and berthing fees shall be determined by the Committee

for each category of membership and shall be notified to the members during December in

each year. The rates shall become operative on the first day of January in the year following.

The current rate of Entrance, Subscription and Berthing fee shall be prominently displayed

in the Club premises.

a) Membership of the Club shall be open to anyone interested in the sport of

yachting on application regardless of sex, age, disability, ethnicity,

nationality, sexual orientation, religion or other beliefs. Membership may

however be limited according to available facilities on a non-discriminatory

basis.

b) Membership subscriptions will be kept at levels that will not pose a

significant obstacle to people participating.

c) The Club Committee may refuse membership or, subject to Rule 4.1, remove

it, only for good cause such as conduct or character likely to bring the Club or

sport into disrepute. Appeal against refusal of membership may be made to

the members.

d) An annual boat berthing fee shall entitle a member to store his or her boat

within a space in the Club’s boat park (see Byelaw 3).

e) Members shall pay the Entrance fee (if any) and their first annual

subscription upon election to the Club and thereafter on the first day of

January in each year (see Rule 3.7).

f) A deposit may be charged for the provision of a key to the Club compound

(see Rule 3.10).

g) Members who transfer between membership categories on the basis of age

shall not pay any additional fees as a result of such transfer until the

following year. Members who make other transfers between membership

categories shall make such additional payment, not exceeding the difference

between the fees for the new membership category (including joining fees if

applicable) and the fees for the previous category, as the committee shall

decide.

h) Entrance, subscription and berthing fees are non- refundable.

3.5 Members’ duty to provide an up to date address

Every member shall furnish the Membership Secretary with an up to date postal and email

(if available) 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.

3.6 Application for Membership

All candidates for Ordinary, Family, Ordinary (18-26), Junior, or Temporary membership

shall be proposed and seconded by Full Members of the Club. An application shall be in the

form from time to time prescribed by the Committee, and shall include the name address,

and occupation of the applicant.

3.7 Election of Members

Upon receipt of an application for membership, the Membership Secretary shall enter such

application in a Register of Applicants. The application shall be displayed prominently in the

Club premises for at least seven days before the meeting of the Committee at which such

application for membership shall be considered.

The election of all classes of membership (except Honorary) is vested in the Committee and

shall be a simple majority vote of those of the Committee.

The Committee may refuse applications only for good cause such as conduct or character

likely to bring the club into disrepute.

The Membership Secretary shall inform each applicant in writing of the applicant’s election

or non-election. He shall furnish an elected applicant with a copy of the Rules and Bylaws of

the Club and make request for such payments as are necessary.

Appeal against refusal to elect may be made to the members in a General Meeting

3.8 Payment of Fees upon election

a) Upon election, an applicant 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.

b) Provided that a member elected after the first day of June 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.

3.9 One year’s temporary absence of member

A member who, for any reason, anticipates inability to use the Club or its facilities for the

whole of one year shall be excused payment of the annual subscription and other annual

fees provided that notice in writing is given to the Membership Secretary before the last day

of November in the previous year. A member wishing to be reinstated during the year in

question shall pay such portion of the annual subscription as the Committee shall require.

3.10 Resignation of a member

A member desirous of resigning from membership shall give notice in writing to the

Membership Secretary before the last day of November and shall not then be liable to pay

the subscription for the following year.

If the member has paid a deposit and received a key giving access to the Club’s facilities,

they must return the club key by the same date as above. A member complying with this

deadline shall have their deposit refunded in full.

A member who resigns in accordance with this rule shall not be entitled to have any part or

the annual membership fees refunded, except the key deposit.

3.11 Re-application for Membership

Upon re-application by a past member who left the Club less than twelve months before the

date of re-application. The Committee may at its discretion, waive any Entrance Fee.

3.12 Arrears of Subscription

The Committee may cancel, without notice being given, the membership of any member

whose annual subscription and other annual fees are more than one months in arrears

provided that the Committee may, at its discretion, re-instate such member upon payment

of arrears. No member whose annual payment is in arrears may enter any Club event or

regatta or vote at any meeting.

SECTION 4 CONDUCT OF MEMBERS

4.1 Undertaking by members to comply with rules

Every member, upon election and thereafter, is deemed to have notice of and undertakes to

comply with, the Club Rules and any Bylaws and Regulations of the Club.

4.2 Disciplinary action against members

Any breach of Rule 4.1 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 disciplinary action by the Committee, which may include suspension for a

specified period of time or expulsion.

Before taking such action against 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 resigning.

A resolution to apply any sanction shall be carried by a simple majority vote by those

members of the Committee present and voting on the resolution.

Appeal against suspension/expulsion may be made to the members in General Meeting.

Upon suspension/expulsion the member/former member shall not be entitled to have any

part of the annual membership fee refunded and must return any Club or external body’s

trophy or trophies held forthwith’ Upon expulsion of a member, the Committee may

dispose of the former member’s boat and/or trailer in accordance with Bylaw 4.

4.3 Guests at the Club

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, except as specifically approved for the exceptional

event by the Committee and the same guest may not be introduced more than six times in

any calendar year.

4.4 Damage to Club property

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 or by the

Secretary upon the instructions of the Committee.

4.5 Exhibiting of notices

A member shall not cause any communication in whatever form to be exhibited on Club

notice boards or premises without permission of the Secretary. The Secretary may delegate

the control of particular notice boards to other members of the committee.

4.6 Settlement of Accounts

A member shall settle any indebtedness for refreshment or otherwise before leaving the

Club premises, or in accordance with any bylaw relating to the settlement of such

indebtedness.

4.7 Complaints

Complaints of any nature relating to the management of the Club premises shall be

addressed in writing to the Secretary.

4.8 Members of other RYA Clubs

A member of any Club affiliated to the Royal Yachting Association (a list of which is

published by the said 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 the said person may so use the premises.

4.9 Competitors in Club Races

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 within a period of 3 hours before and

after the race in which they are competing.

4.10 Power to expel those admitted under rules 4.8 and 4.9

The Secretary or any person who has received the authority 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 only under Rules 4.8and 4.9.

4.11 Limitation of Club Liability

All references to the Club in this Rule shall mean each and every individual member of the

Club from time to time. Members are bound by the following Rule which shall also be

exhibited in a prominent place within the Club premises: -

Members of the Club may use the Club premises, and any other facilities of the Club,

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 arising out of the use of the

Club premises or any other facility of the Club, 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.

c) Parents and guardians are warned that the Club is unable to provide rescue facilities.

Parents and guardians have sole responsibility for their children and wards and must

appreciate that the Club cannot be expected to exercise supervision or control. Even

during Club racing, recue facilities cannot be provided and the Club cannot accept

responsibility for children, or any other persons, whether racing or not.

4.12 Data Protection

Personal data of members is held and processed under the Club's Data Protection Policy,

which has been drawn up in accordance with the provisions of the General Data Protection Regulation 2018.


SECTION 5 Management Committee

5.1 Constitution of Committee

The Management Committee of the Club (here in referred to as ‘the Committee’) shall

consist of the Officers, ex officio, a club house manager and not less than one or more than

four Full Members (who have attained the age of eighteen years) elected at the Annual

General Meeting each year to hold office until the termination of the next following Annual

General Meeting.

5.2 Retirement of members of the Committee

At the Annual General Meeting each year, no full members shall serve in this capacity for

more than two years consecutively. Except the Club House Manager who may continue to

serve if re-elected.

5.3 Candidates for election to Committee

Candidates for election to the Committee (not being Officers of the Club) shall be those

members of the retiring Committee eligible to offer themselves for re-election and such

other Full member whose nominations (duly proposed and seconded in writing by Full

members of the Club) with their consent shall have been received by the Secretary at least

twenty- eight 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 fourteen days prior to the date of the Annual General Meeting.

5.4 Election of Committee by ballot

If the number of candidates for election is greater than the number of vacancies to be filled

then there shall be a ballot.

5.5 No contest for election

If the number of candidates for election is equal to or less than the number of vacancies to

be filled then all candidates shall be deemed to be elected if two thirds of those present at

the Annual General Meeting, and entitled to vote, vote in favour of such election.

In the event of the ballot failing to determine the members of the Committee because of an

equality of votes the candidate or candidates to be elected from those having an equal

number of votes shall be determined by lot.

5.6 Casual vacant

If for any reason, a casual vacancy shall occur, the Committee may co-opt a Full member to

fill such a vacancy until the next following Annual General Meeting. the Committee shall

also have the power to co-opt additional members at its discretion.

5.7 Retiring Commodore

A retiring Commodore shall serve as a member of the Committee in the year immediately

following his retirement and shall have no vote.

5.8 Committee meetings

The Committee shall meet at least every four months making such arrangements as 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.

5.9 Voting at committee

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 casting vote.

5.10 Quorum

Four members personally present shall form a quorum at a meeting of the Committee.

SECTION 6 Powers of the Committee

6.1 Management of the Club by 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 purposes of the club or a benevolent or

charitable purpose nominated by general meeting. In particular, the Committee shall ensure

that the property and funds of the Club will not be used for the direct or indirect private

benefit of members other than as reasonably allowed by the Rules and that all surplus

income or profits are re-invested in the Club.

6.2 Appointment of sub-committees

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 Committees may think fit. Officers of the

Club shall be ex officio members of all such sub-Committees.

6.3 Disclosure of interest to third parties

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.

6.4 Limitation of Committee’s authority

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 as far as expressly

authorised, or authorised by implication, by the members.

a) No one shall, without the express authority of the membership in General

Meeting, borrow money or incur debts on behalf of the Club or its membership.

b) Contracts with a value in excess of two hundred pounds (or such a sum being not

less than two hundred pounds as the Committee shall from time to time determine)

must be signed by two officers of the Club.

6.5 Members’ indemnification of Committee

In pursuance of the authority vested in the Committee by members of the Club, members of

the Committee shall be indemnified by the members of the Club out of the assets of the

Club from and against any liability, costs, expenses or payments whatsoever which may be

properly incurred or made by them or any one of them in the exercise of the duties on

behalf of the Club wherever the contract is of a duty authorised nature or could be assumed

to be of a duly authorised nature and entered into on behalf of the Club.

Should the assets of the Club be insufficient to satisfy such liability, costs, expenses or

payments the Committee shall be entitled to a personal indemnity from the individual

members of the Club.

The limit of any individual members’ indemnity in this respect shall be a sum equal to one

year’s subscription at the then current rate of that category of membership unless the

Committee has been authorised to exceed such limit by a General Meeting of the Club.

6.6 Contractual Liability

The Committee shall endeavour to ensure that the following clause is incorporated in every

contract, lease, licence or other agreement entered into by the Committee and/or Trustees

of the Club, as appropriate.

“The liability of the [Committee/Trustees] for the performance of any contractual or other

obligation undertaken by them on behalf of the Club shall be limited to the assets of the

Club.”

6.7 Nomination of Honorary Members by the Committee

The Committee may nominate for election at an Annual General Meeting such Honorary

Members as the Committee may think fit.

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.

6.8 Byelaws

The Club may adopt such Bylaws or Regulations as it considers appropriate for the good

management of the Club and its facilities.

a) The Committee shall make, repeal or amend such Bylaws 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 changes shall then remain in

force unless set aside by a vote at a General Meeting of the Club.

b) On receipt of a written request, addressed to the Secretary by at least ten full

members of the Club and received within fourteen days of the date of exhibition of a

change in the Bylaw, the text of any proposed change shall be sent by post to all

members of the Club. The proposed change shall not then be implemented until

fourteen days after the date of the posting.

c) If before the date of implementation of a change in the Bylaws a request to call a

Special General Meeting (as described in Rule 9.3) to oppose the change is received

the change in the Bylaws shall not come into force unless and until it is approved at a

General Meeting.

SECTION 7 Purchase and Supply of Excisable Goods

7.1 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

Roles, Bylaws and Regulations for the time being in force. No Junior Members under the age

of eighteen may purchase or attempt to purchase intoxicating liquor within the Club

premises nor may a Junior Member under the legal age purchase or attempt to purchase

tobacco or cigarettes within the Club premises.

7.2 Hours of Sale of Excisable Goods

The Committee shall cause the Club bar to be opened (subject to terms of the Club premises

certificate) 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 Junior 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 Club premises.

7.3 Profits from Sale of Excisable Goods

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 supply 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.

7.4 Accounts relating to Excisable Goods

Proper accounts of all purchased and receipts shall be kept and presented at the Annual

General Meeting in each year and such information as the Secretary or Reviewers may

require shall be furnished to enable any statutory return or statement and the payment of

excise or other duty to tax to be made.

SECTION 8 Trustees

8.1 Number of the Terms of Reference

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, Full, Family, Social and Honorary

Members who are willing to be so appointed.

A Trustee shall hold office until he/she shall resign by notice in writing given to the

Committee or until a resolution removing him/her 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.

8.2 Property of Club vested in Trustees

All the 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. In the event of the death, resignation, or removal from

office on 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 Secretary for the time being is hereby

nominated as the person to appoint news Trustees of the Club within the meaning of

Section 36 of the Trustee Act 1925 and he/she shall by Deed duty appoint the person or

persons so nominated by the Committee.

8.3 Powers of Trustees

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.

8.4 Indemnity of Trustees from Club

In pursuance of the authority vested in the Trustees by the members of the Club, the

Trustees shall be indemnified by the members of the Club out of the assets of the Club from

and against any liability, costs, expenses or payments whatsoever which may be properly

incurred or made by them or any one of them in the exercise of the duties or 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.

Should the assets of the Club be insufficient to satisfy such liability, costs, expenses or

payments the Trustees shall be entitled to a personal indemnity from the individual

members of the Club. The limit of any individual member’s indemnity in this respect shall

be a sum equal to one year’s subscription at the then current rate of that category of

membership unless the Trustees have been authorised to exceed such limit by a General

Meeting of the Club.

SECTION 9 Meetings of the Club

9.1 Annual General Meeting.

An Annual General Meeting of the Club shall be held each year in the month of December

on a date to be fixed by the Committee. The Secretary shall at least fourteen days before

the date of such meeting post or deliver to each member notice hereof and the business to

be brought forward there at.

9.2 Business at Annual General Meeting.

No business, except the passing of the Accounts and the election of the Officers,

Committee, Trustees and Reviewers, 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 thereof be given in writing by a member entitled to vote to the Secretary at least

forty-two days before the date of the Annual General Meeting.

9.3 Special General Meeting.

The Committee may at any time, upon giving twenty- one days’ notice in writing, call a

Special 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.

9.4 Special General Meeting upon request of Members

The Committee shall call Special General Meeting upon a written request addressed to the

Secretary by at least ten members. The SGM must be called within 31 days of a request.

The Committee shall give twenty- one days’ notice in writing of any such Special General

Meeting. The discussion at such meeting shall be confined to the business stated in the

notice sent to members.

9.5 Chairman at Meetings

At every meeting of the Club the President or the Commodore or, in their absence, a

Chairman elected by those present shall preside.

9.6 Quorum at Meetings

Fifteen members entitled to vote and personally present shall form a quorum at any

meeting of the Club.

9,7 Entitlement to Vote at Meetings

Only Full members shall vote at any meeting of the Club. Other members may attend but

are not entitled to vote.

9.8 Voting at Meetings

Voting, except upon the election of members of the Committee, shall be by show of hands.

9.9 Equality of Votes

In the case of an equality of votes the Chairman shall have a second or casting vogte,on any

matter other than the election of members of the Committee.

9.10 Voting on Rule Change

On any resolution properly put to a meeting of the Club relating to the creation, repeal or

amendment of any Rule, Bylaw or Regulation of the Club such Rule, Bylaw 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 10 Dissolution of the Club

10.1 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. The Committee shall dispose of the net assets remaining

to one or more of the following: (i) to a charity and/or (ii) to another Club with similar sports

purposes and/or (iii) to the sport’s national governing body for use by it for related

community sports.

Byelaws

1. Opening of Club premises

The Club premises shall be open to members at such times as the Committee shall direct.

The permitted hours for the supply of intoxicating liquor are as documented in the Club

Premises Certificate granted under the Licensing Act 2003 subject to any restrictions

imposed from time to time by the Licensing Authority.

2. Security of Club premises

The security of the club house and compound is a matter of particular concern. Any member

of the Club that has a key to the club house or compound, when leaving either, must first

determine whether he/she is leaving the compound or club house unattended by another

member who possess a key. In the event that he/ she is leaving the compound unattended

he/she must ensure that the club house and outbuildings, doors and windows are secured

and or locked, and that the main gate is locked. Members leaving the compound to sail

must take the same precautions to ensure that the compound is secure while they are

sailing.

3. Boats and/or trailers

Full Members and Junior Members may store sailing dinghies within the boat park, subject

to the availability of space and on payment of the appropriate fee.

a) No member shall bring a boat into the compound unless a boat park space has been

allocated to them by the Rear Commodore.

b) Junior Members shall be allowed one berth at a concessionary rate, except that such

members who are part of a family membership group shall not be so entitled.

4. Abandoned Boats and/ or trailers

If at any time, any fees payable to the Club by any member or former member (whether by

way of arrears of subscription or facilities fees, dinghy park fees or otherwise) shall be three

months or more in arrears and/or a boat and/or trailer the property of a member or former

member remains upon the Club premises three months or more after the club has given

the member or former member notice to remove the vessel then the member or former

member shall remove the boat and/or trailer from the Club immediately. If a member or

former member fails to remove the boat and/or trailer, then the Committee may: -

a) Move the boat and/or trailer to any part of the Club premises without being liable

for any loss or damage howsoever caused.

b) Give one months notice in writing by registered post to the member or former

member at his last known address as shown in the Club Register and there sell the

boat and/or trailer and deduct any monies due to the Club from the net proceeds of

sale before accounting for the balance (if any) to the member or former member.

c) Alternatively, if the boat and/or trailer is unsaleable, after giving notice in writing as

aforesaid, dispose of the boat and/or trailer in any manner the Committee may think

fit and deem the cost of doing and any arrears as aforesaid to be debt owing to the

Club by the member or former member.

d) The Club reserves the right to charge storage for the boat and/or trailer until such

time as the owner collects the boat and/or trailer or until notice has been served

under Bylaw 4(b) above.

e) PROVIDE 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 boat and/or trailer is

sold, if the Club is unable to account to the member or former member for the

balance of the proceeds of sale pursuant to Bylaw 4(b) above then the balance of the

proceeds of sale shall be placed upon bank deposit account and retained against the

eventuality of a claim by the owner (whether he/she be the said member or former

member or otherwise) for a period of six years.

5. Lien

In addition to Bylaw 4 the Club shall at all times have a lien over members’ or former

members’ boats and/or trailers parked on the Club’s premises in respect of all monies due

to the Club, whether in respect of arrears of facilities fees or subscriptions or otherwise and

shall be entitled to retain possession of the boat and/or trailer until such time as all monies

due to the Club have been paid in full.

6. Storage of Equipment

All equipment stored in the Club’s facilities shall be marked with the owners name in a

prominent position.

The Committee reserves the right to remove clothing and personal equipment left

unattended in the club house, changing rooms or other parts of the Clubs facilities.

A limited number of road trailers may be stored in the Club’s facilities with the permission

of the Rear Commodore and on payment of the appropriate fee.

Members must not store fuel or other flammable fluids, use naked flames or smoke within

the boat shed.

7. Buoyancy aids and insurance.

All competitors shall wear a properly secured buoyancy aid and carry appropriate third

party insurance (as described in the racing instructions) during Club races.

Members under the age of eighteen shall wear a properly secured buoyancy aid and carry

appropriate insurance at all times when afloat from the Club.

8. Service Launch

No person under the age of 12 years shall be in the service launch during a race except as a

rescued person.

The composition of the service launch crew is at the discretion of the nominated helmsperson

with a total complement of not more than three persons.

9. Duties of members

The Committee may at its sole discretion assign duties to Full and Family Club members.

All Club members allocated duties shall do their designated duties or find a substitute.

10. Control of animals.

No animals may be brought into Club premises without Committee permission.

11. Control of vehicle parking.

Vehicles may only be parked in areas designated for parking by the Committee.

12. Junior Members

Junior Members who are not part of a Family Membership group are only permitted to

remain as Members of the Club subject to the Bylaws below.

Junior Members who are part of a Family Membership group but who are not under the

direct supervision of their parents or guardians may only sail at the Club subject to this

Byelaw (a) and (d) to (h).

a) Parents or guardians have sole responsibility for their children or wards and must

appreciate that the Club cannot be expected to exercise supervision or control.

Parents and guardians are warned that the Club is unable to provide rescue facilities

at anytime.

b) Junior Members must provide evidence of their own ability to swim such as a

school certificate.

c) Junior Members will initially be admitted to the Club for a period not extending

beyond the season in which they joined. Continued membership beyond that

time is contingent on their successful completion of a RYA 2 training course.

d) In Club events, such as races, Junior Members may only sail as part of a crew in

the company of a Full Member of the Club unless they have obtained a RYA 2

qualification, in which case they may sail single handed.

e) Committee members will be the only source of advice and information for Junior

Members, particularly on the advisability of participating in Club events.

f) A junior Member may only sail a boat belonging to the Club with the permission

of a Committee Member.

g) When a Junior Member first contravenes any of these rules, he/she will receive a

formal warning. On any subsequent occasions that the Junior Member

contravenes these rules the Committee will consider their expulsion from

membership of the Club as described in Rules7 and 18.

h) The Club reserves the right to terminate Junior Membership at any time should

their continued Membership be judged by the Committee to be damaging to the

interests of the Club or its Members.

13. Use of Clubhouse by Members for non-MSC events.

The Committee will consider reasonable requests for the use of the Club house and facilities

for non-sailing events.

The Committee will assess the benefit or otherwise of the event to the Objects of the Club,

such as publicity. The Committee will assess the benefit and convenience to Members

participating in the event and to the wider Membership. The Committee will assess the risks

of the event to personal and Club property and to people. The risk assessment is only to

help the Committee decide whether or not to sanction a proposed event and does not in

any way amend Rule 4.11 relating to Limitation of Club Liability.

a) Only Full Members may apply to the Committee to use the Club house for a nonsailing

event

b) The person applying to the Committee is the Event Organiser.

c) The Event Organiser should write to the Committee (letter or e-mail) outlining what

is intended, the reason for the event, the number of guests to be invited, the date of

the event, the time of the event and any information which might be considered

useful or prejudicial to the interests of the Club.

d) The event should not conflict or detract in any way with the Objects or events of the

Club and the Club is to remain available for the use of Members at all times.

e) The Committee shall retain the right to approve or not approve the request and

shall reply to the Event Organiser with any conditions in writing in addition to those

listed within the Rules and Bylaws of the Club or give reasons for declining.

f) There shall be a contribution to the Club house management funds as determined

by the Committee to cover the use of the Club house facilities, (gas, water, cutlery,

crockery, etc.). Dependant on the assessment of the contribution the event makes

to the Objects of the Club, the Committee may decide to waive this contribution.

g) All food and drink except water are to be supplied by the Event Organiser.

h) All Members should be made welcome to join in but the event does not need to be

advertised amongst Club Members unless the benefit to the Club is publicity.

i) The Club rules and bylaws shall be observed by all guests and the Event Organiser is

responsible to the Club for all guests. Attention is drawn to Rule 4.4 Damage to Club

Property and Rule 4.11 Limitation of Club Liability. Smoking is not allowed in the

Club house or any other Club building.

j) Unless specifically sanctioned by the Committee, the Event Organiser must be

present throughout the event.

k) The Event Organiser is responsible for leaving the Club house clean and tidy, cutlery

and crockery washed and observing all the usual Club rules relating to turning off

gas and locking up a detailed in Byelaw 2.

ACKNOWLEDGEMENT

The Members acknowledge that these Rules and Byelaws constitute a legally binding

contract to regulate the relationship of the members with each other and the Club.


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medley oxford,
Dec 7, 2018, 10:42 AM
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medley oxford,
Dec 7, 2018, 10:42 AM