How to word a Disclaimer

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Dave O'L

Guest
I recently found myself voted on the commitee of my club. I've taken on sorting out the membership cards. If memory serves me right we need some form of disclaimer as anyone can do us, even if there without permission.

I was wondering if anyone has some words & would be gracious enough to share them, either from their own books or knowledge that would be appropriate for a disclaimer to try & protect our backsides.
I have made some words up but am not sure how appropriate they are?

Thanks
 
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Chris Bishop

Guest
Heretoforthwith, without prejudice, and notwithstanding, inter-alia, any aforementioned rights pursuant but not conferred by membership of The Club, as defined in the articles of association, and furthermore the trustees and a committee elected by the membership, as defined in the aforementioned articles, if you fall in and drown it's your own b*y fault..?
 
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Phil Heaton

Guest
I'm afraid that as time passes the rights of thoughtless members, intruders and non members gets better and better, so much so that irrespective of your carefully chosen words you ARE resposible for their actions.
This is why insurance premiums are soaring and certain sections of rivers are being taken out of area books. As the controlling club you are responsible for maintaining bankside pegs and the access to them, if someone slips and becomes injured then they can claim off you.
A friend of mine was recently awarded damages due to a hole behind some retaining boards on a swim, caused by water draining through, in which he slipped and broke his leg. Even though the hole was covered by grass and could not be seen it was there causing a danger.
 
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Chris Bishop

Guest
On a serious note I was at a club AGM last night where we discussed proposals to become a ltd company to remove this liability from officers, trustees, bailiffs etc. Clubs like it could fold in time because people would be scared to stand for committees if they risk losing their house etc if someone falls down the bank and sues.
 
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Chris Hammond

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Hi Chris,

Cambridge Fish Preservation took this course of action at the end of last season (ltd company) apparently it reduces each individual commitee members liability from millions down to a single ?1.

Regards Chris.
 
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Dave O'L

Guest
Sorry chaps, so are you saying that as a committee member I'm putting myself on the line & potentially putting my house at risk?
 
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Chris Hammond

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Hi Dave,

I don't know the first thing about it mate unfortunately. I just happened to be sitting in on the A.G.M of a large local club last year when the idea of changing the club into a limited company was proposed and accepted.

From what they said there's a fear of the 'American' trend of inane liability claims dramatically increasing over here. And they did indeed say that as a normal 'club' it was feasible that commitee members could be held culpable for damages to members of the general public.

I'm not sure why, however it was stated that by changing to a ltd company the liability would be reduced from possible millions down to one pound per member.(?)

Regards Chris

Hope that isn't too 'alarmist'.

Regards Chris
 
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Dave O'L

Guest
No Chris, but thanks as I bet the other lads aren't aware either.
We're only a small river club, just managing to break even.
I'm concerned as insurance is too expensive.

I'd really appreciate it if anyone can shed light on the liabilities & the process to go Ltd.
 
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Richard Drayson

Guest
Hi Dave, on my membership ticket it states "Membership is taken up on the understanding that neither **** **** syndicate management nor the fishery landowners accept any liability for damage or loss of property, personal injury to members or guests on the syndicate fishery".

Straight forward and to the point. Just how this would stand up in a court of law is another thing I suspect!
 
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Alan Bowles

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I don't know the legal aspects of most of this but as you say if anyone trespasses on your property and injures themselves you are liable ( i know this to be fact). The best you can do as regards disclaimers is to issue a contract to your members which they sign. In it you just state that they run their own risks and you're not liable and they understand it and agree to it.Best you can do i'm afraid.
 
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Richard Drayson

Guest
Simon Jackson- Solicitors are specialists in angling, fishery and water law.
Go to their homepage and click on 'contact'and you'll see that they provide info sheets on ownership of fish and fisheries, navigation, and running a club-organisational issues.

The A-C-A also offer free legal advice on all matters about angling to members.

Finally, there is a book called "Angling & The Law" available for ?27 odd from Merlin Unwin Books
 
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Paul Williams

Guest
It's a sad time when the guys who are prepared to give up there time and effort to something are forced to think like this.......don't you just love some of the American ways of life that are creeping into ours?.......i know i'm P88sed off with the richardheads in my local town trying to convince me i may have a claim against the local council cos i caught my ***** in my zipper in their town centre toilet!!!
 
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David Will

Guest
Tis the way of the world, so every time you see someone suing a Doctor, Nurse,Teacher,Policeman,car manufacturer,council, supermarket , kiddies farm owner,the other driver for whiplash, etc etc etc a bit of our freedom vanishes.This summer my kids have lost the freedom to swim in the local park lake as I did because some one let their child slip over last summer and sued the council.The trees around my old school have all gone because a tree fell over in Kent and the local education authority fear bankrupcy.Our local health authority is so inundated with spurious claims that a cancer unit may shut.It will get worse not better as it has become big business making us 'safe'.
 
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Dave O'L

Guest
Paul it depends who was helping you do it at the time?????? :)

Richard thanks for the info. I've sent a message to Simon-Jackson.

Thanks for this feedback.
This is all a bit worrying as I believe that you can't just take & have to make a contribution.
I only went to the meeting to see what working parties would be on as I thought 6'6' comes in handy for high branches & deep pools.:)

So I found myself on the commitee last month. We only have 60+ members, several miles of river fishing (good quality though). As mentioned previously money is tight. I'm aware that at the moment we don't have insurance due to the cost. This in my mind after what I've read here makes me believe we are storing up potential trouble for ourselves?

I obviously need to get more information. But at present, esp considering there's not just me in the equation, I've started to think that
1) I may have to resign
2) We are absorbed by a bigger club
Both options stick in the throat, especially the other lads in the club as they have been fighting to keep us going.

As previous any other info welcome, I'm sure I (& my fellow commitee members) can't be the only person in this position.

Thanks Dave.
 
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Dave O'L

Guest
I've just mamanged to speak to family member in the trade of this type of litigation.
He says don't touch the commitee with a barge pole.
Having public idemnity insurance is a must & going Ltd is a good idea.
I suppose that's answered my question.
 
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Dave O'L

Guest
Paul you were thinking the same as me,
I could just see you in uniform & shades in T of the P.
 
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Dave O'L

Guest
Just to fill out further post for those that are interested.

What I've been told is that traditionally in English law you could not sue a fellow club member as I think it was you would be technically suing yourself or something in that line.
The law is slowly changing though, 1 of the main reasons being due to rugby injuries.
Hookers found they couldn't sue the club so they started suing the referees. This has now extended to suing the props as well, as individuals.
The next step is for clubs to be liable.
 
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