1.0 The name of the Club is the Red Wharf Bay Sailing and Watersports Club (the “Club”) and the burgee of the Club shall be royal blue ground and a Red Wharf Crest in the centre. The Commodore's burgee shall be a swallow tail and the ex-Commodore's the same with a gold "X" on the hoist.
2.0 The primary objective of the Club is the encouragement and promotion of sailing, and the secondary objective of the Club is the encouragement and promotion of all other water sports.
3.0 Membership
3.1 The Club shall consist of Family, Single, Senior, Junior, Young Adult and Honorary Members.
3.2 The membership year of the Club shall commence on 1st March each calendar year.
3.3 Family membership shall include parents and their children, or grandparents and their grandchildren (provided the parent or parents are not members of the Club). The children must be under the age of 26 years on 1st March of that year.
3.3 Senior membership shall be open to any member who has attained the age of 60 by the 1st of March in the current membership year.
3.4 A Junior member shall be a person who is not included within a Family membership and who is aged between 14 and 18 (inclusive). A Junior member shall be able to serve on the General Committee but have no right to vote on that committee. Parents or Carers of a prospective Junior member must give written consent to the Junior member joining the Club and the Parents or Carers must also acknowledge their legal responsibility for the welfare of the Junior member in writing. Junior membership of the Club for children aged under 14 is only available as part of a full Family membership.
3.5 A Young Adult member shall be aged between 19 and 25 (inclusive) during the relevant membership year.
3.6 Every candidate for membership shall be proposed by one member and seconded by another member. All applications shall be made in writing and shall be signed by the candidate and the proposer and seconder, and the election shall be by the General Committee in general meeting or by a sub-committee comprising the Membership Secretary and the Commodore.
3.7 Any member desirous of resigning from the Club must give notice in writing to the Membership Secretary before 20th February in any year otherwise the subscription for the ensuing year shall be payable on 1st March
3.8 Every member on joining the Club impliedly undertakes to comply with these Rules and the Club Bye-laws (see Rule 11 below) and any refusal or neglect to do so or any conduct which in the opinion of the General 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 General Committee, provided that before expelling a member the General Committee shall call upon the member for an explanation of his/her conduct and shall give him/her an opportunity (of not more than fourteen days) of defending himself/herself or of resigning his/her membership
3.9 All Members agree to abide by the Club’s Code of Conduct which is displayed in the Clubhouse and on the Club’s Website. This will be reviewed by the General Committee and amended from time to time.
3.10 The vote on a resolution for expulsion shall be by ballot and the resolutions shall only be carried if not less than three-quarters of the members of the General Committee present vote in favour of the resolution.
3.11 The Club on the recommendation of the General Committee may in a General Meeting elect Honorary members
3.12 Daily and weekly membership fees shall be determined each year by the Annual General Meeting (“AGM”). Weekly membership shall not be available for more than two weeks in any one year, and not on two consecutive years.
4.0 Entrance Fees and Subscriptions
4.1 The AGM shall decide if there should be an entrance fee to be paid by each membership candidate, (except weekly membership) during the next following membership year.
4.2 The annual subscription and relevant fees shall be payable upon election and on the 1st March each succeeding year. If the member’s subscription or boat berth category has changed then the membership secretary should be notified by 20th February in any year. Any under payment of subscriptions or fees should be paid by 31st March in any year. An overpayment will only be refunded if agreed by the Membership Secretary. The subscription and all fees shall be determined by the AGM preceding each year,
4.3 Any member whose current subscription shall not have been paid by the 31st March in any year and who has neglected to comply with a written notice to do so within seven days of receipt of such written notice shall cease to be a member on the expiration of such seven days, unless a reason satisfactory to the General Committee shall be given for the delay. If a member is more than three months in arrears with any fees or subscriptions due to the Club the General Committee may move any boat belonging to such Member, or sell it and account to the Member for the net sale proceeds, less any outstanding monies due from that Member to the Club, without being liable for loss or damage to the Member
5.0 Boat Fees
Registration, Berthing fees and Facilities fees shall be determined by the AGM.
6.0 Visitors
6.1 No visitor shall be introduced to the Club for more than three consecutive days on any occasion, nor more than twice in any membership year. No member whose membership has been terminated in accordance with Rule 3.8 or anyone who owes money to the Club shall be knowingly introduced as a visitor by any other member to any part of the Club premises.
6.2 Any visitor or weekly member wishing to participate in Club sailing events shall be personally responsible for paying the annual registration fee (if any) to the Membership Secretary. However, no such visitor, or weekly member, shall be entitled to receive a racing prize from the Club, except in an “Open' event.
7.0 Club Servants
The Club employees shall be under the orders of the General Committee only, and no member shall reprimand a Club employee.
8.0 Officers
The senior officers of the Club (“Senior Officers”) shall consist of a President, a Commodore, a Vice Commodore (Commodore Elect), a Rear Commodore Waterside, a Rear Commodore Beachside, Honorary Secretary and Honorary Treasurer. The following officers shall be members of the General Committee: Membership Secretary, Waterside Programme Manager, Communications’ Officer, Social Secretary, House Secretary, Galley Secretary, Welfare Officer, Bosun, Youth Coordinator and Youth Representative: to be elected at the Annual General Meeting. The Commodore on completing his/her term of office shall be elected President. If the role of President shall become vacant, then the Past Commodores shall elect a President.
9.0 General Committee
9.1 The General Committee shall consist of all of the officers referred to in Rule 8 above, up to 3 ex-Commodores and not more than four members elected at the AGM together with the Club Trustees pursuant to Rule 15. In the event of a vacancy on the General Committee, the General Committee shall have the power to co-opt members to fill the vacancy until the next General Meeting.
9.2 No person may be a member of the General Committee unless they have been a member of the Club for the preceding two consecutive years.
9.3 Any Club member and/or any member of the General Committee entering into a contract on behalf of the Club in accordance with the directions of the General Committee shall be indemnified against risk and expense out of the Club property and assets and insurances.
10.0 Sub-Committees
The General Committee shall have the power to elect or form, Galley, Sailing, House or Social Sub-Committees and other Sub-Committees as it shall deem necessary or appropriate to assist in the management of the Club and shall decide and define the duties of same. The Senior Officers shall be members of all Sub-Committees. The four General Committee members shall be appointed to at least one Sub-Committee each.
11.0 Byelaws and Policies
The General Committee shall have power to make byelaws and policies and a members Code of Conduct for the regulation of the affairs and conduct of the Club providing the same are not inconsistent with these Rules. Such byelaws and policies and Code of Conduct shall be posted in a prominent place on the Club premises and be circulated to members as soon as practicably possible and in any event within ninety (90) days of their adoption and shall thereafter be binding on all members.
12.0 Annual General Meeting & General Meetings
12.1 An Annual General Meeting of the Club shall be held in every year on August Bank Holiday weekend unless determined otherwise by the General Committee, but in any event not later than the 31st October to transact the following business:
12.2 To consider the reports of the Commodore and Secretary.
12.3 To receive and if approved to adopt the Treasurer's report, and a statement of the Club's accounts.
12.4 To determine entrance fees, subscriptions, registration, facilities and/or berthing fees for the ensuing year.
12.5 To consider and if approved sanction any duly made alteration of the subscriptions.
12.6 To appoint the Senior Officers and other officers and other members of the General Committee.
12.7 To appoint two auditors.
12.8 To discuss any matter that the General Committee may desire to bring before the members and to receive suggestions from the members for consideration by the General Committee.
12.9 Notice convening the General Meeting shall be sent to members not less than fourteen days before the meeting. Notice of the specific business for the meeting shall be posted on the Clubhouse notice board and Club website not less than 5 days before the date of the meeting
12.10 Nominations for Officers, General Committee, Auditors and Trustees shall be made in writing duly proposed and seconded and sent to the Secretary not less than 7 days before the date of the Annual General Meeting.
12.11 No resolutions (except the passing of the accounts, the election of Officers, General Committee, Auditors and Trustees and any business that the General Committee may order to be inserted in the notice convening the meeting) may be discussed at such meeting unless notice thereof be given to the Secretary at least 7 days prior to such meeting.
12.12 A special General Meeting may be convened at any time by the General Committee and shall be convened within twenty-one days from the receipt of a requisition in writing served on the Honorary Secretary signed by not less than twelve adult members specifying the object of the meeting.
12.13 Notice convening a special General Meeting shall be sent to all members not less than fourteen days before the meeting and shall specify the matters to be dealt with. Only matters specified within the notice of special General Meeting shall be discussed at such special General Meeting,
12.14 Apologies for absence for any General Meeting will only be accepted and recorded if presented in writing including emails.
12.15 A General Meeting shall usually be held in the Clubhouse unless the General Committee decides that it shall be held either physically elsewhere or convened electronically.
13.0 Amendment of Rules
13.1 Subject to Rule 13.2 below the Rules may only be amended by the AGM or a special General Meeting called for that purpose and notice of proposed alterations or additions, duly proposed and seconded, must be sent to the Honorary Secretary and included in the notice convening the meeting sent to Members
13.2 Any proposal to change the primary objective of the Club as set out in Rule 2 will require the approval in a ballot of not less than ninety per cent (90%) of all of the members of the Club eligible to vote as at the date of such General Meeting.
14.0 General Committee Meetings
14.1 A General Committee meeting shall be called by any two Senior Officers of the Club by giving not less than seven days’ notice in writing. Any such meeting may be a meeting at which the parties attend physically or, if the Commodore so determines, by means of telephonic or video conference.
14.2 A General Committee meeting may be held either by physical attendance or by electronic participation, as determined by the Commodore and the Honorary Secretary.
14.3 The General Committee may invite observer(s) or guest(s) to attend and participate (but not vote) in a General Committee meeting
14.4 If at General Committee or General Meeting the Commodore is absent, a Chairman shall be elected to preside, and he/she shall have a casting or additional vote in the event of an equality of votes.
14.5 At a General Committee meeting, four shall form a quorum. At a General Meeting twelve shall (save in relation to Rule 14.1) form a quorum. Junior members may attend General Meetings, but they shall not be counted as part of the necessary quorum, nor shall they be entitled to vote.
15.0 Trustees
15.1 The property of the Club shall be vested in up to three Trustees who may be appointed and / or removed by the General Committee and the property of the Club shall be vested in them to be dealt with by them as the General Committee may from time to time direct by resolution (of which an entry in the Minute Book shall be conclusive evidence). For the avoidance of doubt, no Trustee shall be entitled to vote on any proposed resolution put before the General Committee. The Trustees shall be indemnified against risk and expense out of the Club property. The Club shall maintain trustee insurance indemnity cover for as long as such cover is available in the insurance market on competitive financial terms. The Trustees shall hold office until death or resignation or until removal from office by the General Committee. For the purpose of giving effect to the nomination of a new Trustee, the President is empowered as the person to appoint a new Trustee of the Club within the meaning of section 36 of the Trustee Act 1925.
15.2 A trustee appointed after 1 September 2022 shall be deemed to automatically retire from his position as a trustee on attaining his 75th birthday.
16.0 Liability
16.1 Members of the Club, their guests and visitors, may use the Club premises, and any other facility or property of the Club, entirely at their own risk and impliedly accept that-
16.2 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,
16.3 Any member or any guest of a member, shall take all reasonable care to protect the property and assets of the Club and will not deliberately or recklessly damage any of the Club’s property and assets.
16.4 In so far as it is legally possible to do so, the members of the Club shall not incur personal liability for the negligent acts or omissions or contractual obligations of the Club and shall be indemnified against risk and expense out of the Club property and assets and insurances.
16.5 “The responsibility for a boat owner’s decision to go out to sea and / or participate in a race or to continue racing is his / hers alone.”
Watersports are by their very nature unpredictable and therefore inherently involves an element of risk. By going to sea and / or taking part in a Club organised event, each participant agrees and acknowledges that:
(a) They are aware of the inherent element of risk involved in the sport and accept responsibility for the exposure of themselves, their crew and their boat to such inherent risk whilst taking part in the event.
(b) They are responsible for the safety of themselves, their crew, their boat and their other property whether afloat or ashore.
(c) They accept responsibility for any injury, damage or loss to the extent caused by their own actions or omission.
(d) Their boat is in good order, equipped to sail in the event and they are fit to participate.
(e) The provision of a race management team, patrol boats and other officials and volunteers by the event organiser does not relieve them of their own responsibilities.
(f) The provision of patrol boat cover is limited to such assistance, particularly in extreme weather conditions, as can practically be provided in the circumstances.
(g) Their boat is adequately insured, with cover of at least £3,000,000 against third party claims.
17.0 Notice
Any notice required to be served on a Member pursuant to the Club Rules or Byelaws shall be served by first class post (or email, if the Member has provided an email address) and shall be deemed to have been validly served by the Club:
a) If sent by first class post, on the third day after posting to the address last notified by the Member to the Club Membership Secretary as his/her current address.
or
b) If sent by email, on the day that it is sent without a failed delivery notice being received, to the email address last notified by the Member to the Club Membership Secretary as his/her current email address.
18.0 Winding Up of the Club
18.1 In the event of the winding up of the Club, the Trustees for the time being shall procure that any net assets of the Club that remain after the discharge of all of the liabilities (actual and contingent) of the Club shall be applied by them in any one of the following ways, as they alone shall determine:
Either:
a) to the Royal Yachting Association for use in related community sport;
or
(b) to another Community Amateur Sports Club registered with HM Revenue & Customs.
or
(c) to a registered charity.
19.0 Interpretation
19.1 In these Rules, the singular shall include the plural, and vice versa, and reference to one gender includes a reference to any gender.
The headings to individual Rules shall not affect their interpretation.
Correct as at 1st January 2024…………………John Thorpe : Honorary Secretary
