Please find attached the New Articles voted in overwhelmingly by the Committee and the members at the 2011 AGM.
As a member of the LOA, you agree with the Articles of the LOA in full. In particular, we draw your attention to Article 16 (LIMITATIONS OF LIABILITY).
16. LIMITATIONS OF LIABILITY
16.1 “By attending any rally, event or activity organised by the LOA or its members, all skippers accept that it is a fundamental principle of maritime law that the skipper is responsible for the safety of their vessel and crew. Furthermore skippers acknowledge that it is up to them personally to assess whether any event or activity on the water is too difficult for them, and whether or not their personal safety or that of their crew could be endangered. Skippers acknowledge that the safety of their boat and her entire management including insurance is solely their responsibility, and they must be satisfied the boat and crew are adequate to face the conditions that may arise in the course of the event. Specific assessment may be necessary for potentially more hazardous activities such as cross channel trips and racing.”
Members of the Association and their guests and visitors attend and take part in Association organised events entirely at their own risk and implicitly agree to, and accept, the following limitation of liability.
16.2 Every member of the Legend Owners’ Association (“the Association”) acknowledges that, neither the Association nor its officers shall be liable to any person for death or personal injury or for the loss of or damage to any vessel, equipment or other property arising out of any activities which the member may undertake or in which the member may be involved as a member of the Association, whether organised by the Association or otherwise, and indemnifies the Association and its individual committee members or event organizers against all and any costs, claims, demands and liabilities in respect of same.
16.3 Without prejudice to the generality of paragraph 1 of this standard indemnity, every member:
- (a) warrants the suitability of his or her vessel for any race or cruise or such race in which he/she may participate and certifies that such vessel complies with the safety regulations locally in force;
- (b) understands that the safety of such vessel and her entire management shall be his or her sole responsibility and that it is his or her responsibility to ensure that the vessel is fully found, thoroughly seaworthy and manned by a crew sufficient in number, capability and experience who are physically fit to face bad weather;
- (c) undertakes to have arranged adequate insurance cover to include cover against third party liability whilst racing or cruising of not less than £2 million (two million pounds sterling)
- (d) warrants that he or she is satisfied as to the soundness of the hull, spars, rigging, sails and all other gear and understands that it is his or her responsibility to ensure that all safety equipment is properly maintained, stored and in date and the crew know where it is kept and how it is to be used;
- (e) understands that neither the establishment of these conditions, their use by race or Cruise organisers nor any inspection of the vessel by and on behalf of the Association in any way limits his or her absolute responsibility.
16.4 Every member confirms that he or she considers that the terms of this standard indemnity are entirely fair and reasonable.
for the full copy of the Articles please see attached document.
