1. The name of the Club shall be ''The Minehead Sailing and Watersports Club" hereinafter referred to in these Rules as "the club".
2. The object for which the club is formed is to promote and facilitate sports involving waterborne craft of all types, and also to provide social and other facilities for members.
3. Membership is open to all who are interested in sports involving waterborne craft.
4. There shall be the following categories of members:-
Ordinary Members.
Family Members, which expression shall include a member, partner and all children under 18 years of age.
Junior Members which expression shall include any person who is under 18 years of age at the commencement of the subscription year and who joins the club other than as a Family Member.
Student Member any person in education, further or higher, and not in full time employment, on production of a student ID card.
Country Member. Anyone who has no residence within 50 miles of the club premises. Such member is entitled to the full amenities of the club.
Social Members. Anyone who has no intention of participating actively in the waterborne activities of the club. Such member is entitled to the full amenities of the club, except that he has no voting rights.
Temporary Members may be appointed by any committee member, at such subscription as may be set at the club’s AGM. They shall be entitled to the same rights, rules and regulations as ordinary members except that they shall have no voting rights.
5. The club, on the recommendation of the Committee, may in a General Meeting elect Honorary Members.
6. An application for membership shall be in such form as the Committee may prescribe and shall be submitted to the club Membership Secretary together with the appropriate membership fee. Candidates for membership shall have no privileges whatsoever in relation to the use of the club or its premises.
7. Members, other than Honorary Members, shall have their membership ratified at the next meeting of the Management Committee.
8. Every member on joining the club impliedly undertakes to comply with these Rules and any byelaws and regulations appended hereto and 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 should call upon him for an explanation of his conduct and shall give him an opportunity of defending himself or of resigning his membership. The vote on a resolution for expulsion shall be by ballot and the resolution shall only be carried if not less than three-quarters of the members of the Committee present vote in favour of the resolution.
BURGEE.
9. The burgee and other distinctive articles of dress shall be approved by the Committee.
SUBSCRIPTION AND FEES.
10. Members, according to their categories, shall pay an annual subscription of such sum as is set at the Club’s AGM. All members shall pay their first annual subscription upon election to the club and thereafter on the first day of May in each year; provided that a member elected after the thirty-first day of July in each year shall pay half the annual subscription applicable and that a member elected after the thirtieth day of September in any year shall not be required to pay any subscription in respect of the year of election, but shall pay on his election the annual subscription in respect of the year following his election.
11. Members shall also make the following annual payments ;
(a) An annual storage fee of such a sum as the Committee shall from time to time prescribe which shall entitle a member to an allocated space in the club boat park.
(b)Additionally an annual fee, of such sum as is set at the club’s AGM, may be charged to cover particular activities
12.(a) All annual subscriptions and fees are due on the first day of May each year. A member who has not paid his dues shall have his name removed from the list of members by order of the Committee and no member shall in any year be entitled to exercise any rights or privileges of membership until his entrance fee (if any), subscription for that year, boat fee and all arrears (if any) have been paid.
12.(b) All monies due to local authorities must be paid as demanded by the due date otherwise mooring or launching rights will be forfeited.
13. Changes in the rate of annual subscription and fees shall be proposed by the Committee to the members in General Meeting. Any such changes, if passed by a majority vote of the members present, shall become operative as from the following first day of May.
OFFICERS.
14.(a) The officers of the club shall consist of a Commodore, a Vice Commodore, Rear Commodore, the Honorary Secretary and the Honorary Treasurer, who shall be elected at the Annual General Meeting in each year to hold office until the conclusion of the next Annual General Meeting. The retiring officers, with the exception of the Commodore, shall be eligible for re-selection. After two terms of office the Commodore shall either stand down or stand for Rear Commodore. Neither the Commodore nor Rear Commodore shall be eligible for re-election for at least four years after serving as Commodore.
14(b) No candidate for election to any office (other than the retiring officers) shall be proposed unless the name of such candidate and his proposer and seconder shall have been sent to the Honorary Secretary at least 7 days before the date of the Annual General Meeting. In the event of no nominations being received, nominations will be accepted from the floor of the meeting
TRUSTEES.
15.(a).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 ordinary 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.
15.(b).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 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 appoint 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 appointment.
15.(c) 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, but no purchaser, leasee or mortgagee shall be concerned to enquire whether any such direction has been given.
15.(d).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 the Trustee of the club.
15(e) (To be incorporated in every contract, lease, licence or other agreement entered into by the Trustees of the club). The liability of the 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.
COMMITTEES
16. The affairs of the club shall be controlled by a Management Committee comprising the Executive Officers, a representative of each boating activity, and not more than six members of the club elected by the club in General Meeting to hold office until the conclusion of the next Annual General Meeting.
17. The duties of the Management Committee shall be :
a.)To control the affairs of the club on behalf of the members according to the rules and byelaws of the club and to make such byelaws as they think fit as to the management of the club or its premises. These byelaws shall remain in force until approved or set aside by a vote at a General Meeting of the club.
b.)To keep accurate accounts of the finances of the club through the Treasurer. These should be available for reasonable inspection by members and should be audited before every Annual General Meeting. The club should maintain a bank account and the following officers shall be authorised to sign cheques : two from the Commodore; Treasurer and Secretary.
c.) Neither the committee nor the Honorary Secretary shall without the express authority of the membership, pledge the credit of the membership beyond the subscription payable by such membership.
The Committee or Honorary Secretary as agent for the club and its members, shall enter into contracts only so far as they are expressed authorised, or authorised by implication, from these rules.
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d.)To co-opt additional members of the committee as the committee feels necessary.
e.)To make decisions on a simple majority vote. In the case of equal votes, the Commodore shall be entitled to an additional casting vote.
f.)To meet at agreed intervals and not less than four times per year.
18. When members of a particular boating activity so request, a sub-committee shall be formed to represent the interests of that activity and to arrange the operation of that activity for the benefit of the club members so interested. There will be not more than six members of the sub-committees, who will be elected from these members at the Annual General Meeting. A member of each sub-committee will be nominated to attend the Management Committee.
19. Candidates for election to the Committee and sub-committees shall be those members of the retiring committees who shall offer themselves for re-election and such other members of the club whose nominations, duly proposed and seconded by members of the club in writing, shall have been sent to the Honorary Secretary at least 7 days before the date of the Annual General Meeting. In the event of insufficient nominations being received, nominations may be accepted from the floor of the meeting
20 If the number of candidates, duly proposed and seconded, exceeds the number of vacancies to be filled, the election shall be by ballot:. When completing a ballot paper a member may vote for any number of candidates provided that his paper shall be treated as a spoiled paper if it contains votes in favour of more candidates than the number or vacancies to be filled.
21. In pursuance of the authority vested in the Management Committee by members of the club, members of that committee are entitled to be indemnified by the members of the club against any liabilities properly incurred by them or by the Honorary Secretary on behalf of the club wherever the contract is of a duly authorised nature or could reasonably be assumed to be of a duly authorised nature and entered into on behalf of the club. The limit of a member's indemnity in this respect shall be a sum equal to one year's subscription at the then current rate unless the Committee has been authorised otherwise by a meeting called under Rule 25 hereof. Six committee members, including officers, shall form a quorum at a committee meeting.
HONORARY AUDITOR.
22. At the annual meeting in each year a member or other person shall be appointed as Honorary Auditor whose duty it shall be to audit the Accounts of the club for the current year. In the event that he is unwilling or unable to act the committee shall appoint a substitute to hold office until the next Annual General Meeting.
GENERAL MEETINGS
23. The Annual General Meeting shall be held at Minehead in the months of November or December. The Honorary Secretary shall at least fourteen days before the date of such meeting or any General Meeting as hereinafter mentioned post or deliver to each member notice thereof and of the business to be brought forward thereat.
24. No business, except the passing of the accounts and the election of the officers, committees and Honorary Auditor and any business that the Committee may order to be inserted in the notice convening shall be discussed at such meeting unless notice thereof be given to the Honorary Secretary at least 28 days before the date of the Annual General Meeting.
25. The Committee may at any time, upon giving fourteen days notice, 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 on the notice sent to members.
26. The Committee shall also call a General Meeting on a written request addressed to the Honorary Secretary by at least 12 members.
27. At a General Meeting of the club, providing the appropriate subscription and fees (if any) are fully paid:-
An Ordinary Member or Country Member shall have one vote.
A Family Member and partner only shall have one vote each,
Junior Members, Temporary Members and Honorary Members shall not be entitled to vote, but shall be entitled to attend a General Meeting
28. Those entitled to vote at a General meeting of the club shall vote by show of hands. In the case of an equality of votes the Chairman shall have a second or casting vote. Fifteen members shall form a quorum at all General Meetings.
SUPPLY OF INTOXICATING LIQUOR.
29. The purchase for the club and the supply by the club of intoxicating liquor shall be exclusively controlled by the club General Meeting or the committee, (or by a special committee).
30. Intoxicating liquor may only be sold to or for consumption on the premises by persons over the age of 18, who are entitled to the use of the premises of the club in pursuance of these Rules. No Junior member may purchase or attempt to purchase intoxicating liquor within the club premises. Subject as aforesaid a Junior Member shall be entitled to the full amenities of the club.
MISCELLANEOUS.
31 Any member may introduce as his or her guest any person provided that the member, so introducing, enters the name and address of the said guest in a book kept for such purpose and at no time leaves the club premises whilst the said guest is thereon. No member may introduce the same person as a guest more than four times in any sailing calendar activity in a season except as hereinafter provided.
32. A member of any club recognised by the Royal Yachting Association (a list whereof 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 (not being more than fourteen days apart) the said person may so use the premises.
33. Any person who is a competitor or crew member in any invitation or open race sponsored by or on behalf of the club is entitled to) the use of the club premises within a period of 24 hours before and after the race in which they are competing.
34. The Honorary Secretary or any other person who having 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 Rules 34 and 35.
35. No money or property of the club or any gain arising from the carrying on of the club shall be applied otherwise than for the benefit of the club or for a benevolent or Charitable purpose to be nominated by General Meeting.
36. No member shall participate in any boating activity until he has -
(a) A valid Third Party Insurance Policy.
(b) Paid his mooring, slipway or dinghy park fees.
37. The club shall have power to allocate all moorings on the club trots and all berths in the dinghy park, and no member shall hand over any such mooring or berth to another member without sanction from the committee.
38. Whilst the club arranges for the supply of a safety boat for all official races, this boat is for the safety of members and not their boats. Where a member's boat is towed in after capsize, or otherwise, any payment for this service must be agreed between the member and the boatman concerned.
NEW RULES, AMENDMENTS AND ALTERATIONS.
39 Notice of any alteration or addition to the Rules intended to be proposed by six members of the club or by the committee shall be given to the Honorary Secretary in writing at least 28 days before the same is to be proposed at the Annual General Meeting, or a least one month before any special General Meeting at which the same is to be brought forward and full particulars of any such proposed alterations or additions shall be set out in the notice convening the meeting.
40. All such proposed alterations or additions and any amendments to them which may be proposed and seconded shall be put to the vote at the meeting and provided that, on a show of hands, a majority of two-thirds of the votes of those members present and entitled to vote shall be cast in favour of any proposed alterations, additions or amendments, then the same shall be deemed to be carried.
LIMITATION OF CLUB LIABILITY
41. Members of the club, their guests and visitors, may use the club premises, and any other facilities of the club at their own risk and impliedly accept that :-
(a) 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.
(b) 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, or out of participation in any race organised by the club, whether sustained by members, their guests of visitors, whether or not such damage or injury could have been attributed to or was occasioned by the neglect, default or negligence of any of the officers, committee or servants of the club.
(c) Before inviting any guests or visitors onto the premises or to participate in events organised by the club, members will draw their attention to this rule.
DISSOLUTION
42. 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.
November 2005 (Incorporating all changes to date)