1 - NAME OF CLUB. The Club shall be called the "Hardway Sailing Club".
2 - OBJECTS. To encourage boat sailing and to promote good sportsmanship. The Club is a non-profit making organisation. All profits and surpluses will be used to maintain or improve the club facilities. No profit or surplus will be distributed other than to another non-profit making body or to members on winding up or dissolution of the Club.
3 - BURGEE. A pennant red over Yellow "H" in white superimposed. When in commission at, or sailing from the Club, courtesy requires that the Hardway burgee be hoisted at the principal masthead.
4 - TRUSTEES. That the Trustees of the Club shall be the Officers for the time being of the Club, namely the Commodore, Vice-Commodore, Rear-Commodore, Hon. Secretary and Hon. Treasurer. The Commodore, is hereby nominated to sign any deed of appointment of new Trustees and the provision of the Trustees Act 1925 shall apply to any such appointment. Any statement of fact in any such deed of appointment shall, in favour of any person dealing 'bona fide' and for value in the Club, or the Committee, be conclusive evidence of the fact so stated. Club property other than cash at bank, shall be vested in the Trustees. The Trustees shall deal with the property of the Club as directed by resolution of the committee and they shall be indemnified against risk and expense out of the Club property.
5 - MANAGEMENT. The affairs of the Club and the Club premises shall be managed by the Commodore, Vice-Commodore, Rear Commodore, Hon. Secretary, Hon. Treasurer, two Hon. Membership Secretaries, the Mooring Officer, Sailing Committee of five members, Dinghy Captain, Cruiser Captain, two Race Officers, a Social Committee, Bar Secretary, Bar Committee, Working Party Secretary, maintenance committee of two, Training Officer and the Publicity Officer of whom full members shall form the Management Committee. Such Committee shall apply the funds of the Club in such a manner as complies with Rule 21 and they shall be indemnified against risk and expense out of Club property. All Committees shall have the power to co-opt and shall be responsible for arranging to provide supplementary specialist advisors whom may or may not be members of the club to assist with or hold posts which may include but not limited to; Health Safety Advisor, Child Protection Officer / Coordinator, Fire Safety Responsible Person and RYA Principle*.
* Shall be appointed by Management Committee and approved by R Y A.
6 - MANAGEMENT COMMITTEE. Meetings will be held on the Club premises on the first Friday in each month, except when holidays or other important events necessitate their being held on alternate dates, also on additional dates as and when required at the request of the Hon. Secretary and the Commodore. Five shall form a quorum at such meetings. Supplementary post duty holders shall be afforded the opportunity to present regular timely reports to the committee and committees shall collectively act upon advice and decisions reached.
7 - THE SAILING COMMITTEE. The Sailing Committee of five members with defined roles, Training Officer, Mooring Officer, Dinghy Captain, Cruiser Captain and two Race Officers shall be responsible for: (a) all sailing arrangements; (b) all sailing activities and amenities; (c) all Handicapping for Club races; (d) the allocation of space in the Club mooring areas; (e) to provide a P. & L.S.A. delegate; (f) arranging all RYA training matters. Four shall form a quorum. The Commodore, Vice-Commodore and Rear Commodore may attend ex officio. Prior permission to store any craft in the compound must be obtained from the Club Mooring Officer or the Chairman of the Sailing Committee. All craft stored in the compound must comply with the conditions set out in the compound form. The maximum size of craft using the compound to be restricted to vessels not exceeding five tons displacement.
8 - BAR COMMITTEE. A Bar Committee of members over the statutory age consisting of a Bar Secretary and three members shall be responsible for all matters appertaining to the Bar.
9 – THE SOCIAL COMMITTEE. The Social committee of three members and the Bar Secretary shall be responsible for all social activities of the Club. Two shall form a quorum. The Commodore, Vice-Commodore and Rear Commodore may attend ex officio.
10 - GALLEY. - Whilst the operation of the Galley remains outsourced, any administration will be dealt with by the Rear Commodore and the Management Committee.
11 - A MAINTENANCE COMMITTEE consisting of the Working Party Secretary and two members shall be responsible for all matters appertaining to the working party scheme. All of whom are accountable to the Management Committee
12 - ANNUAL GENERAL MEETING. The Annual General Meeting shall be held on the second Friday in January. Thirty full members shall form a quorum. Any items for the Agenda shall be made in writing to the Hon. Secretary by the 1st November preceding the meeting and be proposed and seconded by full members. Only items relating to the management or conduct of the Club shall be proposed and seconded at the Annual General or Extraordinary General Meeting.
13 - APPOINTMENTS. The Club Officers and Committee shall be elected from the membership at the Annual General Meeting in each year to hold office until the conclusion of the next Annual General Meeting. Any member not attending four consecutive meetings, without reasonable excuse, shall be deemed to have resigned. All members are eligible for re-election. Names and addresses of Officers and Committee shall be communicated to the Licensing Authorities within 28 days of election.
14 - NOMINATIONS. Nominations for office and committee can be made during the 30 days preceding the meeting until the commencement of the meeting and shall be posted on the Club Notice board. Nominations only for any unfilled appointment may be accepted from the meeting. All nominations must be proposed and seconded by full members.
15 - VOTING. Only FULL members are entitled to vote at General Meetings. Other members may attend but shall have no vote. Results of voting on ALL nominations, including number of votes cast, to be declared at the A.G.M. and recorded in the minutes.
16 - RULES. Rules may only be altered at a General or Extraordinary General Meeting. All such alterations will be communicated to the Licensing Authorities within 28 days.
17 - AMENDMENTS. Any amendment having carried shall be submitted to the meeting as a substantive motion.
18 - EXTRAORDINARY GENERAL MEETING. An Extraordinary General Meeting may be called by an application signed by at least 9 FULL members stating the resolutions to be put to the meeting and giving 28 days notice. 21 days notice of such meeting shall be displayed on the notice board and at least 14 days written notice of such meeting shall be given to all members.
19 - COMMITTEES. Committees shall have power to hold meetings in camera as required.
20 - ACCOUNTS. The Hon. Treasurer shall produce a financial statement of accounts and a balance sheet at each Annual General Meeting. The Accounts shall be audited prior to presentation. Copies of which will be made available to every member via the club website before the Annual General Meeting. The Agenda shall be sent to every member before the Annual General Meeting.
21 - MONEY OR PROPERTY. No money or property of the Club and 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 the General Meeting.
22 - MEMBERSHIP. Candidates for membership shall complete a nomination form supplied by the Club with such particulars as shall be required and bearing the signatures of two FULL members in support as proposer and seconder. The said form shall be displayed on the Club notice board for fourteen days before election takes place. Any member objecting to the election of the said candidate should do so by letter to the Secretary within fourteen days. All new full members over the age of 21 years joining or transferring to full membership, whilst a Bond scheme is in operation must purchase a minimum of two Bonds. These Bonds must be purchased and the entrance fee and subscription paid on election. Candidates for membership must attend a New Members’ Reception on a date or dates proposed by the Committee as required. Election would be by a simple majority of the voting Committee. Persons who are candidates for membership have no privileges whatsoever in relation to the use of the Club or its premises. All members shall have the option either (1) to work a specified number of hours for the Club or (2) to pay a specified sum in lieu annually. The number of hours and the sum to be set by the General Meeting from time to time.
23 - DATA PROTECTION ACT 1998. Membership of the Club and acceptance of these rules by the member will be deemed to constitute consent to holding and sharing relevant process material which is necessary for the administration in accordance with the objectives of the Club, with other bodies or non-profit associations, relevant personal data for the purpose of the Data Protection Act 1998.
24 - HONORARY MEMBERS. The Club on the recommendation of the Management Committee may, in general meeting, elect Honorary Members for life or such shorter period as may be desirable, but the total number of such Honorary Members shall not, at any one time, exceed three percent of the total number of voting members.
25 - FEES, SUBSCRIPTIONS AND DONATIONS - The categories of which are listed: (Annual membership subscriptions and the entrance fee are exempt from V.A.T. all other amounts are inclusive of V.A.T. unless specifically stated.)
Full Member, Full Member & Spouse (see note 2), Cadet Member (aged 17 to 21 inclusive ), Junior Member (aged 13 to 16 inclusive) and Junior Member (age 12 and under): The annual subscription and entrance fee shall be of such sum as shall be determined from time to time by members voting at a legally constituted General Meeting of the club.
OAP: (Full Member at reduced subscription) (See note 2). The annual subscription shall be half the Full Member subscription rounded to the nearest pound.
OAP & Spouse: (Full Member and Spouse at reduced subscription). The annual subscription shall be three quarters of the Full Member subscription rounded to the nearest pound. (See note 3).
Landing Stage Fee: When exceeding any published free use period, shall be such sum as shall be determined from time to time by members voting at a legally constituted general meeting of the club.
Working Party Donation: In lieu of working 6 hours shall be such sum as shall be determined from time to time by members voting at a legally constituted general meeting of the club. (exclusive of V.A.T) .(See note 4).
Fees for Storage of Cruisers, Dinghies, Dinghy Racks, Outboard Engine Store, Rubber Dinghy Store and Summer Dinghy Storage. The fees shall be of such sum as shall be determined from time to time by members voting at a legally constituted General Meeting of the Club. The expression ‘Cruiser’ shall be defined for this purpose as any vessel that would normally be kept on a mooring.
• The expression "Dinghy rack" shall be defined for this purpose as any official space that requires the dinghy
to be physically lifted to gain access.
• The expression "Summer Dinghy Storage" shall be defined as a period when the cruisers lift into the water and
expires the week before cruisers lift back out of the water into the compound (usually Mid April to the end of October).
NOTES
1. Subsequent addition of spouse. Should a spouse be accepted as a member then an additional joining fee and subscription shall be due. The sums required shall be the result of the following calculation. Deduct each relevant current joining fee and relevant current subscription from the new proposed membership category. (i.e. Full & Spouse Member less Full Member or OAP & Spouse Member less OAP Member).
2. The reduced subscription is available when the member reaches statutory retirement age and has been a full member for five years prior to attaining that age.
3. A member going abroad for one year or more continuous service who notifies the Hon. Secretary will not be required to pay the Working Party Donation.
4. A Working Party default penalty of twice the Working Party donation will become due should a member fail to attend or fail to notify the Working Party Secretary before the date of the Working Party that they are unable to attend. The Donation would be subject to endorsement by the Management Committee.
26 - ARREARS. All subscription, mooring or compound fees shall be settled in full by the date specified on the application/ renewal notice. All other fees or debts incurred are to be settled in full when due. The Secretary shall notify any member in arrears with subscription, other fees or debts, that their membership will cease. Arrears of compound fees and mooring applications/renewal will result in the space being allocated to members on the relevant waiting list. Only in exceptional circumstances will the management reconsider the result of the members' omission.
27 - ALL PAYMENTS. All payments to be made through the Hon. Treasurer. All Club monies to be banked. All general payments on behalf of the Club shall be made by the Hon. Treasurer and the Hon. Secretary. Payments incurred for the Bar or by the Social Committee may be paid by the Bar Secretary who shall hold a separate account. Cheques for this account may be signed by any two of the Hon. Treasurer, Hon. Secretary, Bar Secretary. Club accounts in their names shall be held at the Banks except the -Contingency/Development Fund which may be held in a Building Society Account having Trustee Status. All sums of money held in the Bar account, exceeding the current forecast expenditure, shall be promptly transferred to the main Club account.
28 - EXPENDITURE. The Commodore, Vice-Commodore, Hon. Treasurer and Hon. Secretary shall be empowered to spend up to a sum equal to the subscription rate of four full members per month on their own initiative. The Management Committee’s power of expenditure shall be limited to 12% of all subscription income for new items, with the exception of normal running expenses of the Club. An Extraordinary General Meeting shall be called to authorise expenditure of any greater sum.
29 - CONDUCT. Every member, on joining the Club, impliedly undertakes to comply with these rules and any refusal or neglect to do so or any conduct which, in the opinion of the Management Committee is either unworthy of a member or otherwise injurious to the interests of the Club shall render a member liable to suspension or expulsion by the Management Committee. Such a member has the right to appeal to the Annual General Meeting.
30 - MEMBERS’ LIABILITY. All boats and gear left at moorings, or at the Club landing stage or in the vicinity of, or in, the Club premises or storage compound are left there entirely at owners’ risk. The Club accepts no responsibility for any loss or damage howsoever incurred.
31 - STORAGE. All equipment left on HSC owned property shall be plainly marked with owner's or boat's name for identification purposes. All boats stored in the compound must display a valid current sticker in addition to the member's or boat's name. All craft shall be seaworthy and capable of being taken afloat, No oils, paints, acids, highly flammable material or combustion engines shall be kept on the Club premises. Engines outboards, if authorised by the sailing committee may only be stored in the flammable store. The Management Committee shall, at its absolute discretion, have the power to remove from HSC owned property any boat or launching trolley, trailer or other gear belonging to a member or past member, providing that the identity of the owner of such boat or launching trolley or boat's gear is known to the Officers of the Club. The Secretary shall write to such member giving him seven days' notice of the Committee's intention. Any boat or equipment not displaying the owners name and not purporting to belong to a HSC member will be set aside and marked for disposal. The management committee will publicise the boat or equipment on the notice board and if necessary in the local paper, demanding the removal of the illegally stored item. If after two months following publication, the owner is not found and the item is not removed, the committee shall consider the item gifted to HSC which they shall dispose of as they see fit, usually by auctioning to the highest bidder. Non members are not permitted to store any boat or equipment on HSC owned property unless prior permission has been obtained from the sailing committee.
1. Seaworthy shall be defined for this purpose to mean, must be used at least twice per year and venture beyond the end of the club landing stage
32 - No person shall be permitted to purchase or consume intoxicating liquor upon Club premises whilst under the age of 18 years.
33 - MOORINGS. Only Full, Cadet and Junior members may hold moorings. The Sailing Committee is responsible for the allocation of mooring space in the Club’s mooring areas in compliance with the terms laid out in the Licence held by the Club. The provision, laying, numbering and maintenance of moorings is the responsibility and liability of the owner in accordance with the Club’s Mooring Conditions.
All mooring space allocated in the club's mooring areas shall be deemed vacant on the 31st December each year. No member having a mooring in the Club’s mooring area shall be permitted to rent or hire his mooring to any other person. All moorings shall be numbered in accordance with the Sailing Committee’s direction.
The charge per mooring berth shall be that rent agreed between the Management Committee and the Crown Estate Commissioners for the area divided by the total lengths overall of all those boats registered within that area. To determine the charge for each boat the sum of that calculation will be multiplied by the length overall recorded on the licence held for that mooring. Where no vessel is recorded the sum charged will be calculated on the average length within the licensed area.
34 - RACING. The Club is a member of the Royal Yachting Association. All Club races shall be sailed under current RYA rules and such local by-laws in force at the time.
35 - GUESTS. Club members may introduce not more than three guests on any one occasion, provided that their names and full addresses are clearly recorded in the Visitors’ Book at the Clubhouse. No person shall be introduced as a guest on more than six occasions in a year unless prior permission has been obtained from the Management Committee, except for persons taking part in organised club sailing events, when their visits shall be limited to the number of fixtures. Expelled or lapsed members are not permitted to use the club as guests or under any other circumstances. Hosts will be responsible for the conduct of their guest and all charges in respect of their guest.
36 - The purchase of intoxicating liquor for and supplied by the Club shall be in the absolute discretion of the Management Committee.
37 - Permitted hours of the Club during which intoxicating liquor may be served and entertainment provided shall be those agreed in the Variation Order, under the Licensing Act of 2003, issued to the Club by the Licensing Authorities. Notwithstanding the above provisions the hours during which intoxicating liquor may be served and entertainment provided shall be at the discretion of the Management Committee.
38 - No person shall at any time be entitled to receive at the expense of the Club or any member thereof any commission, percentage or similar payment on or with reference to purchase of intoxicating liquor by the Club; nor shall any persons directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests apart from any benefit accruing to the Club as a whole and apart from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.
39 - At the discretion of the Management Committee all members of visiting Clubs will be afforded the facilities of the Club. The visitors are entitled to avail themselves of the provisions of Licensing Act 2003 and to purchase intoxicating liquor for consumption on Club premises, provided such visitors are :-
(a) competing in any Regatta, Rally or Open Sailing Meeting held at the Club for the period of the Regatta, Rally or Open Sailing Meeting and for one day before and for one day after it;
(b) In the case of Sailing Matches and social events held at the Club any member of the visiting team or persons taking part in such Match or event;
(c) visiting yachtsmen arriving by sea and belonging to accredited Sailing Clubs. These persons may sign the Visitors’ Book and purchase drinks as Temporary Members.
Such visitors may also introduce not more than three guests on any one occasion.
40 - Any contingency arising not provided for in these rules shall, be referred to the Management Committee and its decision shall be accepted pending the next General Meeting.
1 - All Junior and Cadet members shall comply with the sailing instructions and wear a personal flotation device when sailing in club events.
2 - Junior members must be in the charge of or accompanied by an adult member at all times whilst on club property.
3 - Sleeping on Club premises. No objection will be made to members sleeping on Club premises under extenuating circumstances provided they cause no undue noise, disturbance or inconvenience to other members.
4 - All dogs must be kept under effective control and on a lead on Club premises.
5 - LANDING STAGE
5.1 The Club Landing Stage is provided for launching and recovering dinghies and for unloading boat's gear, and at designated areas, for mooring yacht's tenders. It must not be used as a park for dinghies or trolleys and shall be kept clear at all times.
5.2 The Tee Piece is reserved absolutely for launching and loading and the maximum stay in this area is 30 minutes.
5.3 Berthing. Free Use Period Members boats may berth alongside the remainder of the landing stage for 3 hours free of charge. Yacht tenders (not more than 12 ft in length) free of charge for not more than two consecutive periods of 24 hours.
Any stay in excess of 3 hours will be charged at an approved daily rate. A day is reckoned from 1800 to 1800.
The maximum period alongside, including the free period is limited to 7 days.
To calculate the daily rates tiered Units shall determine the use alongside summarized as;
Group A) First 3 hours.
Group B) First 7 days including the free hours.
Group C) Next 21 days.
Group D) Thereafter daily.
Note: Craft returning within 3 days of departure other than to loading berths will be deemed to have uninterrupted use and charged at the appropriate linked group daily rate.
5.4 Derricks and Scrubbing Grids. Boats booked to use the grids or derricks have priority access to these berths and must not be impeded by other craft who must be prepared to move and must not be left unattended.
5.5 Emergency. For a genuine emergency, permission to exceed the 7 day time limit may be approved by the Flag Officers, Mooring Officer or Sailing Committee member. Reasons must be recorded at the next meeting of the Sailing Committee.
6 - All members who have boats or gear stored in the Club compound or on Club premises will be held responsible for the tidying of their storage space and the disposal of their rubbish etc. Any offender will be barred from future stowage.
7 - All storage in the club boathouse is with written permission of the Sailing committee.
8 - All lockers to be clearly marked with the users name and membership number.
9 - Members using the Club’s electric power supply do so entirely at their own risk.
10 - Road trailers over 2-cwt. must not be stored in the Club compound. Trolleys and trailers for boats in excess of 5-cwt. must not be stored in the compound during the period 1st May to 31st October.
11 - Providing sufficient notice is given to the Committee the electric winch can be made available for laying-up and launching at the published tariff.
12 - Intending users of the Club grids or derrick or universal trolley must comply with the conditions set out in the Grid/Derrick log book before use.
13 - The playing of radios and recorders is forbidden on Club premises. All ball games are forbidden on Club premises.
14 - Club facilities shall not be used for professional gain.
15 - Grids may not be used as moorings. Members may use the grids for up to a maximum of two tides at the published price per tide. In extreme circumstances the stay may be extended to 72 hours with the permission of the Mooring/Duty Officer.