Issue date
International Race Officer Richard Brown offers some advice for those writing a notice of race…
It is becoming more popular to use the term “in conjunction with” when stating who the Organising Authority is for a regatta. For example; The Organising Authority is the XYZ Yacht club in conjunction with ABC class association.
Whilst this is a nice gesture and reflects the cooperation of the two organisations it also has implications which may not be readily recognised.
Rule 89 and Rule 90 set out the duties of the Organising Authority (OA) and the Race Committee (RC). The Organising Authority appoints the Race Committee. It also appoints the protest committee and publishes the NOR.
The Race Committee publishes the Sailing Instructions and organises the races as instructed by the Organising Authority.
However, the Organising Authority also assumes responsibility for the Safety, Financial and possible legal aspects of the event.
If the event makes profit it goes to the Organising Authority. On the other hand if it makes a loss the Organising Authority also takes responsibility for that
The Organising Authority is responsible for making sure everyone is safe. If there was an accident any subsequent enquiry would look to the Organising Authority for explanations.
If there was damage to property the Organising Authority could be sued.
Normally yacht clubs have insurance to cover many of these eventualities. Yachting New Zealand requires that all clubs affiliated to it are Incorporated Societies which in effect removes the Officers of the club from direct responsibility for the actions of the club. It’s a bit like Limited liability companies.
It is unlikely that class associations have either of these protections and so they should seriously consider whether they wish to join with the club in taking on those responsibilities.
If it is decided that they do not wish to, then it is better to refer to the Organising Authority as “XYZ Yacht Club on behalf of ABC Class Association” or simply don’t mention the class association.
Whatever you choose it is a good idea to have a document which clearly sets out the understanding between the organisations. Arguments after the event and when things have gone wrong can get very unpleasant.
