Insurances (Updated: 2/8/2017)
A) DISCLAIMER & TERMS – INJURY TO PERSONS AND LOSS OR DAMAGE TO PROPERTY
The Club’s property is private and the right of admission is at all times reserved to the Club, its members and employees.
Any persons entering the Club’s property and/or using the Club’s facilities:
* do so entirely at own risk and neither the Club nor the Club’s management, volunteers or committee members, members or any employees shall be liable in any manner whatsoever for:
* any claim or damage arising or suffered either directly or indirectly from personal injury or harm whatsoever, including death, or any damage whether direct or indirect to personal or other property whatsoever, and howsoever caused.
* shall, by doing so, be deemed to indemnify the Club against any liability for damages, howsoever caused.
* in addition, your presence on golf facilities/grounds indicates that you have accepted the limits of liability resulting from inherent risks of Golf activities. Golf facility/ground is not a spectator area.
* only registered Golf Section full members will be covered by the Golfer’s Insurance acquired by the Golf Section.
Each member as a condition of membership and each guest or visitor as a condition of invitation assumes sole responsibility for his property. The Club shall under no circumstances whatsoever be liable for any loss and/or damage to the property of a member, guest and/or visitors brought onto the premises of the Club whether occasioned by theft or otherwise.
Should any party bound by these by-laws bring suit against the Club, its employees and affiliates (collectively the “Indemnified Parties) in connection with any event/activity operated, organised, arranged or sponsored by the Club or any other claim or matter in connection with membership in the Club and fail to obtain judgement against the same, said party shall be held liable to the Indemnified Parties for all costs and expenses incurred by it in the defence of such suit, including legal costs.
Any personal property which may have been left in or on the Club premises for more than six (6) months without payment of storage thereon, may be sold with or without notice, or may be otherwise disposed of, and the proceeds if any may be retained by the Club.
B) CLUB’S PUBLIC LIABILITY INSURANCE
The Panaga Club insurance will only cover those who are on employment contract with Panaga Club. Club Volunteers are not included therefore, they shall play and conduct activities at their own risk.
If you need further assistance on the policy conditions, you may contact the Head of Finance (Irene) at 337 3971 or email: firstname.lastname@example.org
Please find below a brief description of the Club’s Public Liability Insurance covering Members and authorized visitors.
1. Insurance Type
2. Insured Party
Panaga Club (and its employees) and members, temporary members, guests and approved visitors whilst using the club facilities.
3. Scope of Cover
Covers the Insured against damages or compensation which the Insured is legally liable to pay in respect of bodily injury or illness to any third party or loss of or damage to property of any third party as a result of an accident arising out of Club business or activities.
An accident is a fortuitous event which is sudden, unexpected and unintentional. Acts which are willful, deliberate, intentional or gross negligent are not deemed accidental.
5. Club Activities
All Panaga Club (including KBBC and PGC) sporting, social and boating (non-motorised crafts) activities, however excluding diving.
6. Third Parties
Third Parties are essentially any persons not connected to the Club, i.e. the general public. Under the policy extension, members, guests, temporary members and approved visitors are classified as third party to each other. Club staff and contractors are not classified as third parties.
7. Limit of Cover
* B$5m per incident up to B$20m per year for general liability
* B$500 per incident up to B$50,000 per year for personal effects (exclude vehicles) of members, guest, temporary members and approved visitors
* B$2000 per incident up to B$50,000 per year for employees’ vehicles at Club’s vicinity only
* Deductible is B$100 any one accident except for personal effects of members, guests, temporary members and approved visitors where no deductible applies.
8. Territorial Limits
Liability of Club is covered within the territorial limits (land and waters) of Brunei, Malaysia and Singapore.
However, liability of members to fellow members is covered only whilst participating in any club activities whilst using club facilities at the club premises.
Please take note that the above insurance:
a. Covers only those events which are officially Club related where members participate under the name of the Club. It does not cover those activities where members participate on own accord. Members are therefore advised to check where appropriate, the adequacy of personal liability insurance when conducting such sporting activities.
b. Does not cover liability of any persons on Club premises who have not been registered as temporary members, guests or approved visitors, eg. Domestic helpers, caddies, friends. In the event of an accident involving such visitors, the members involved may be personally liable. It is therefore advised that all members’ visitors to the Club are properly registered as temporary members.
C) PANAGA GOLF CLUB – GOLF INSURANCE (TBC)
D) MARINE INSURANCE – STAR OF SIAM (TBC)
E) BRITISH SUB AQUA CLUB INSURANCE
Third Party / Public Liability Insurance
Insured party (Who is covered ?)
All paid up members of BS-AC, the Committee of the BS-AC for the time being and BS-AC International Ltd.
Scope and Limit of cover
Third Party sometimes called “Public Liability” Insurance is in place for up to £2,000,000 for civil liability compensation awards for personal injury to Third Parties or Members of the Public or damage to their property as a result of negligence by any BS-AC Member. Additionally the cover includes up to £5,000,000 for civil liability pursued against Principals to the BS-AC i.e. Swimming Pools, Leisure Centres, Land Owners and Lake or Pit Owners that allow BS-AC organised diving/training to take place on or in their property. The cover this year also includes up to £100,000 of Criminal Defence costs as a result criminal action being taken against an insured for death or injury of a Third Party, damage or destruction to their property. The policy this year runs from 31/01/03 to 30/01/04 under Policy Number DMI/03/10762.
- When are they covered? – All BS-AC members are covered when engaged on Club activities and when they are diving anywhere in the world.
- Does the insurance include the use of Nitrox, Rebreathers and Trimix? – Yes, where they are being used in accordance with BS-AC recommendations.
- What happens when I am abroad and diving on holiday with other organisations at either a Dive Centre at a Hotel, or an independent Dive School at Resort? – Your BS-AC member liability insurance still covers you, but if you are going to engage in speciality diving that is out side of the BS-AC recommendations please check with BS-AC Headquarters and their Insurance Advisors that the activity can be included in the member liability cover.
- Can one BS-AC member claim personal injury or damage to property caused by another BS-AC member? – Yes, if it is as a result of negligence and results in a legal claim, this is called “Member to Member Liability” and is stated in the policy.
- If I feel that I am responsible for an injury to someone else or damage to someone else’s property and I may be held responsible what should I do? – You must not admit any responsibility or liability at the time of the incident. Report the matter to BS-AC Headquarters and you will receive a response from HQ and /or their Legal Advisors telling you what the legal position is.
- Are guests and visitors to our Club covered by this policy? – Yes, guests and qualified divers who are in the process of joining the club are covered for up to 7 visits in one 30 day period for this policy year (31/1/03 to 30/01/04). Once they have joined your Club and are members of the BS-AC they are covered like any other BS-AC member.
- Does the 7 visit restriction for guests and visitors apply to Friends, Family or Members of the Public that we allow to swim in our pool during pools sessions? – No, friends and family, or members of the public that you allow to swim in your pool during your pool sessions are covered by this insurance regardless of the number of visits they make. This insurance applies even if you charge them for the swimming sessions, so long as the proceeds are dispersed to your Branch funds.
- Are we covered for arranging “Try Dives” for the public? – Yes, you are covered for arranging this activity along with Open Nights at your Branch and Club Social Events.
- Does this insurance cover the Swimming Pool Management/Owners if they are sued because of our negligence? – Yes, this is called “Indemnity to Principals” and is stated in the policy. The cover also extends to any “Principal” who is allowing you to use their facilities, like Pit or Lake Owners, Schools and Colleges.
- Will this insurance be acceptable to the Ministry of Defence if we use their facilities or are based inside a military establishment? – Yes, this is called “Crown Indemnity” and is stated in the policy.
- Will the BS-AC Liability Insurance pay claims if I am injured or lose or damage my diving equipment if no one is to blame? – No, the BS-AC’s annual Liability Insurance is not an “Accident” “Travel” or “Dive Equipment” Insurance. You should insure these risks yourself with an appropriate insurer.
Liability cover in the USA and Canada is restricted to being sued outside of the USA or Canadian legal jurisdiction.
If more information about this insurance is required please refer to BS-AC Headquarters. They can provide a more formal proof of insurance if necessary. This is only a brief description of the Annual Liability Insurance that is stated more specifically in the BS-AC’s Master Insurance Policy, a copy of which can be obtained from BS-AC Headquarters upon request.
This Insurance has been placed with Certain Underwriters at Lloyds by Dive Master Insurance Consultants Ltd.
F) MARINE INSURANCE – MOTORISED BOATS (excludes Star of Siam & Skiing activities) (TBC)