For over 40 years, Gallagher has been the RYA’s trusted provider of bespoke insurance solutions for its accredited sailing and yachting clubs, associations, and approved training centres.
Recent Gallagher client feedback indicates that while RYA clubs and training centres generally understand their liability exposures, there is confusion and concern about the exposures and risk management for organisations delivering activities at multiple venues, like class associations or groups offering youth training or traveller series.
Gareth Brookes (RYA Head of Regions) discussed this topic with Ben Bennett (RYA Account Director, Gallagher) to provide clarity for these affiliated groups.
Q. If I am responsible for organising activities or an event where we are visiting another organisation’s venue, what are the main factors that I should take into consideration, from an insurance perspective?
A. What is sometimes overlooked here is that, like clubs and training centres, an affiliate visiting another venue is likely to remain responsible for its activities, despite not owning the facilities or premises.
If the session/event is being held under the auspices of the visiting organisation rather than the host venue, then the visiting organisation should carry the appropriate insurance for the activity that it is delivering.
Q. What if the event is being delivered in partnership between the class association and host club?
A. The RYA recommends that when responsibility for an event is shared, the host and the visitor enter a written agreement clarifying who is responsible for what element of the event, including insurance. Thinking about this in advance and speaking to insurers before the event can help to reduce the likelihood that an activity is not insured.
Q. Many people running organisations that visit other venues to deliver activities or events may believe that the host club/venue’s own insurance will provide cover for their activity. Can you explain why they need their own public liability insurance when events are hosted at RYA affiliated clubs or recognised Training Centres?
A. This is a question that Gallagher receives on a frequent basis. The reality is that the host may have little influence over the way the visiting organisation runs its activity, so it would not be appropriate for it to be held responsible for the decisions made by the visiting organisation. Therefore, the visitor will remain liable for its activities, and so should have appropriate insurance in place.
If the host plays a more active role in delivering the activity, for example by taking payments, running racing, making decisions around the event, or providing services such as safety cover, then the position becomes less clear cut. Gallagher would recommend that, whenever considering hosting activity or an event, hosts check with their insurance providers to ensure that their involvement (at whatever level it may be) is acceptable to their respective insurers and, therefore, covered from the club’s perspective.
Q. For clarity, in what circumstances would an organisation visiting another venue require public liability insurance?
A. When it can be said that the visitor is the organiser of the activity, they should have their own insurance. Taking bookings, accepting payment, and being listed as the organising authority in the NOR all indicate that the visitor will be regarded as the organiser.
Alternatively, if a visitor, for example, a class association, asks a host club to run an event on its behalf, and leaves the host club to take bookings, manage payment, be the organising authority, and adopt a hands-off approach to the event, then it is likely it can be regarded as a club event. Again, whilst this is likely to be the case for Gallagher-insured clubs, our guidance to the host club would be that they should check this in advance with their insurance provider.
Q. If a visiting organisation enters into an agreement with a host that gives them access to boats, boards, and other vessels/equipment owned by the host club or any other third-party individual or organisation, whose responsibility will insurance be?
A. Generally, the insurance held by the host club or any other third parties might not automatically extend to cover boats/equipment loaned/borrowed by external groups. It is usually the case that the visiting organisation must extend their policy to provide temporary cover for the duration of the ‘loan’. It is important to be clear that I am referencing boats used for race management or safety cover or in situations where boats are provided to participants, such as at a team racing event, not participants’ boats, which should always be insured by the owner individually.
Whilst it is not possible to comment on the market approach in general terms, for Gallagher clients, extending cover is generally a simple process, and we would ask that you contact us in advance of the event to arrange appropriate cover.
Gallagher is the RYA’s official Club Insurance partner, providing tailored cover to RYA affiliates and recognised training centres.
For further assistance on how Gallagher can support your organisation with insurance matters and additional advice, contact the specialist RYA Gallagher team.
Tel: 0800 0622309
The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited and Royal Yachting Association, an Introducer Appointed Representative of Arthur J. Gallagher Insurance Brokers Limited, accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.
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