Swallow Yachts Forum > Sailing and Events

Events - READ THIS FIRST

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Jonathan Stuart:
Thanks Edwin. The RYA document you mentioned looks useful but is quite long so I haven't read it properly yet. I will do so and then provide any required updates.

You are absolutely right that events shouldn't be limited to "experienced, skilled and known sailors" and we need to keep these open and accessible. So we need to find a balance where we can do that without imposing a responsibility on the organiser - even requiring them to make "reasonable endeavours", etc, to provide relevant information could, I suspect, make them liable if they fail to make such endeavours and I think that could deter people from organising events.

So we need to be clear that organisers are encouraged to provide information and support but that responsibility ultimately lies with the individual. I think in practice this is what we are doing so we just need to ensure the Terms, etc, reflect that.

Michael Rogers:
No Andy, you are not being naive. That's it exactly. And I have to confess I was taken in by your irony and was fizzing with indignation until I reached your second paragraph!

I very much like David's formulation (27 June) -could we adopt that? If necessary we could start a meet with one of those team huddles and all solemnly intone it. (I'm joking about the huddle and recitation, but not about the concept.)

It's interesting, when we start to discuss this you can see how all this Elf'n'safety RUBBISH started. Do let's change the subject!

Michael

Jonathan Stuart:
Having read the RYA document Colin mentioned and also in light of the "lessons learnt" discussion after the Weymouth event, I have made some further changes to the first post. Hopefully this captures the spirit we have been discussing, strikes the right balance and we can move on.

Peter Cockerton:

--- Quote from: Jonathan Stuart on 29 Jul 2014, 23:26 ---Having read the RYA document Colin mentioned and also in light of the "lessons learnt" discussion after the Weymouth event, I have made some further changes to the first post. Hopefully this captures the spirit we have been discussing, strikes the right balance and we can move on.

--- End quote ---

Jonathon

This paragraph from the Events T's and C's has me a little perplexed as I'm not sure how to differentiate between "reasonable efforts" and "a more hands on approach" the latter and the possibility of being found negligent concerns me greatly.

"However, organisers may wish to consider the right balance between making reasonable efforts to provide useful information and taking a more hands-on management approach. The former should help ensure a safe and enjoyable event. But a more hands on approach may cause you to have a greater duty of care to participants, i.e. you may have taken on greater responsibilities "through this approach and must fulfil them, which, if breached, could cause you to be negligent".

The T's and C's are excellently drafted and strike a good balance between common sense and duty of care but i would like the above clarifying if it could be done simply.

Many thanks for your hard work on this.

Peter Cockerton

Jonathan Stuart:
Peter,

I take your point. I had written those words to try to steer organisers in the right direction but without me putting myself on thin ice by giving legal opinion (which I am not qualified to do). I don't want to be liable for giving duff legal advice!!!

But I've looked at this again and made further changes. There is now a whole section on liability because I think it's worth explaining more of the background to organisers - especially as the risks to organisers are probably not as bad as many might think.

Please read the new version and let me know what you think.

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