Divers in dive clubs and groups - legally, where do you stand?

Lots of divers join a dive club or group. Usually this takes the form of joining a number of like-minded divers, in their local area, who meet to organise dives and encourage the new-joiners and to promote diving generally. Quite often this extends to organising guest speakers and social events and diving trips here and abroad.

In the modern, technical age, divers also join clubs/groups in cyber-space, on social networking sites and via email groups.

What most divers do not know is that being a member or an organiser of such a club, can bring with it great responsibilities including liability for everything from financial obligations, through to the health and safety of its members (and even non-members) and making sure that all of the relevant law is complied with.

What kind of a group constitutes a club (or what is referred to in law as an unincorporated organisation) can often be wider then you would think. If the group you belong to is an association of people who, together, have a common cause or interest, such as the organising of dive trips or even just the promotion of diving, then it is likely that you are in a club.

That the group/club does not call itself a club does not matter. That the members do not believe themselves to be members of a club or that they didn’t intend to create a club does not matter. Whether the divers meet in the local village hall, or at their local dive shop, or in cyber-space is irrelevant.

And being seen as a member of a particular club, in the eyes of the law, can be easier than you think. Of course, if you formally take steps to join, in accordance with, say, the club’s rules, then it is quite likely that in law, you are a member of that club.

What is less obvious is the trap of falling into membership by some other conduct, such as simply turning up at the meetings or telephoning/emailing members or dive site/vessel owners to arrange the events, or as is becoming more prevalent in today’s world, by, say, signing up to a social networking or email group.

A properly run club will protect its members by setting out rules that mean the ordinary members are not liable for the acts and omissions of the club. Of course, while this may be written in the rules, you must be very careful to make sure that you and the other members act in accordance with them.

Even if the ordinary members are protected from liability by the rules, someone in the club must take legal responsibility and that is usually the committee members or officers of the club.

Again, becoming a committee member/officer can be something that happens without wishing it. The law could see those that are seen to ‘run’ the club, as being the committee.

The committee and/or the other members may all be liable for all of the acts and omissions of the club, from the debts owed for bookings that are made with dive sites or dive boats and holiday companies through to the up-keep of premises owned or leased buy the club, and to members of the club (and its visitors) being injured, say, in the club premises or on a trip organised or endorsed by the club or some of its members.

Any members found liable, could face having to pay substantial damages (compensation) and legal costs, and even face prison where the acts complained of breach the Health and Safety legislation (such as the Diving at Work Regulations, which will apply in any circumstances where money is paid, such as club subscriptions).

In order to guard against the risks, a diver should be wary about joining what looks to be an informal or disorganised club or group. Before you sign up to the group or take part in its activities, ask to see the insurance. Ask to see the rules and the membership terms and conditions. Without these things as a bare minimum, you may be running an unnecessary risk. Keep safe by diving with a properly constituted and insured dive school or club.
 

Andrew Tonge is qualified as a Solicitor and a Barrister. He has been practising law for over 15 years. He is also a PADI Instructor, experienced technical diver and a director at Odyssey Dive Centre Limited, based in Stockport and Wigan. Andrew can be contacted at Nexus Solicitors, Manchester, where he is a partner.

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