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For members of the Little Ship Club, that is, or should be, a pretty dim question. The responsibility of a skipper for the seaworthiness of the boat, the safety of the crew and the wisdom of decisions made at sea is the kind of thing which should go without saying. Today, however, things which might one day involve insurers and lawyers rarely go without saying and never go without being written down.
On the advice of the club's honorary solicitor, the Club’s Committee has adopted a revised Disclaimer wording which will apply to all the Club’s events afloat. It is rather formal in its phrasing and certainly longer than any of us would have liked. This is partly because we have to navigate the shoal waters of liability and insurance protections, and partly because we did not want to ensnare the Club Office in a tangle of different wordings for rallies, races, skippers and crews. The object of the Disclaimer is to record the fact that the responsibility for the safety of boat and crew lies with the skipper.
One of the reasons for revisiting the Disclaimer wording is the encouraging involvement of Club members in more competitive sailing, whether by late season enjoyment of Fast Cruises or by taking part in open races and regattas organised by or with other clubs. These events all broaden the Club’s appeal and extend the pleasurable activity of sailing in good company. They also raise the possibility of sharp-edged insurance exclusions lurking just below the surface of otherwise inviting waters.
Both yacht insurers and life insurers may regard some of the Club’s activities as “racing” within the terms of particular insurance policies. It really does not matter whether or not we think such a view is justified. The fact is that some policies will cover what the insurer considers to be “racing”; others will not. If the only race you normally participate in is the one against the clock over the bar in the Thirsty Mariner, you should check that your insurance protections do in fact provide adequate cover for the particular Club activity you are about to join. Cruisers may not be covered for competitive sailing.
Club skippers and their crews are of course well-trained and accustomed to make prudent, seaman-like decisions. If, despite this, some accident were to befall skipper, boat or crew and the insurers were to decline liability, the Club is not an available port of refuge in such a storm and is not in a position to pick up the bill: hence the Disclaimer.
Every time a member takes part in a Club event afloat he or she will be accepting these terms.
So, back to the question: will the Rally Organiser tell me when to reef? The answer to that is yes, of course, but only if he or she is skippering the boat you’re on.