HERMANUS CYCLING CLUB PROPOSED CONSTITUTION
Article 1 – Introduction.
Article 2 – Management
Article 3 – Membership.
c) Membership Termination.
Article 4 – Constitution Alterations.
Article 5 – Meetings.
a) Annual General Meeting (AGM)
b) Special General Meetings.
c) Committee Meetings.
d) Chair at Meetings.
e) Awards meetings.
f) Notices of Meetings.
Article 6 – Voting.
Article 7 – Quorum..
Article 8 – Finances.
Article 9 – Club Attire.
Article 10 – Awards.
Article 11 – Indemnity.
Article 1 – Introduction
Hermanus Cycling Club “will be” a cycling club affiliated to Boland Cycling Association who in turn is affiliated to the national cycling body Cycling South Africa.
The Club has participation in all the major cycling disciplines.
Article 2 – Management
A management committee consisting of four people, a chairman, vice-chairman, treasurer and secretary, will manage the club. Further members can be co-opted as is deemed necessary in all disciplines. The members will elect them at the annual general meeting.
Election will take place annually. Should the presiding committee see it necessary that an election should be held any time other than the official election date, a special general meeting can be called should they have support of a third of the members.
Should one of the committee resign during their official period the other members of the committee can decide whether they wish to have someone appointed in that person’s place, who can be co-opted by the committee, or whether they would manage the duties of that committee member until such time an election takes place again.
Article 3 – Membership
The club shall be open to all persons who wish to become part of the club. The club management have complete discretion in deciding whether or not to accept an application for membership.
The management committee will revise subscription fees on a yearly basis.
All subscription fees have to be paid by the 31st of December each year.
c) Membership Termination
Any member that wishes to terminate their membership must do so in writing. The e-mail or fax must be submitted to club management.
The committee reserve the right for good and sufficient reason to terminate the membership of any member providing the member shall have the right to be heard by a disciplinary committee before a decision is made. If a member decides to terminate the membership from the member’s side a letter of resignation will have to be handed in to the committee with the date as to when the termination will take effect.
Article 4 – Constitution Alterations
Any alteration to the constitution needs to be submitted in, in writing to the secretary. Should changes be needed other than at the AGM a special meeting can be called as per the stipulated procedures.
All proposed changes must be received by the committee 3 weeks before the AGM. These changes must be sent out to all members with final notice of AGM.
Article 5 – Meetings
A) Annual General Meeting (AGM)
The Annual General Meeting will be held during the last quarter of a year. Notice of the meeting must be sent out timeously. Any alterations to constitution, or matters that members wishes to have tabled at the meeting must be submitted to the secretary in writing and must reach the committee three weeks prior to the meeting.
The following business will be transacted at the AGM
a) To receive and, if approved, to adopt a Statement of the Club’s accounts to end preceding year.
b) To consider and, if approved, sanction any duly made alteration of the rules;
c) To appoint the officers and other members of the committee in the ensuing year.
d) To deal with any special matter the committee or members wishes to bring before the members for discussion and decision by voting.
B) Special General Meetings
A special general meeting can be called at any time by the committee on receipt of a requisition, in writing, signed by one third of the current membership, or as often as the management committee decides specifying the purpose of the meeting. The meeting must be called within 21 days of the requisition and members should be notified 14 days prior to the meeting. The above meeting will be called to deal with any matter concerning constitution changes, committee changes or resignations or any special matters needing attention at the time of the meeting.
C) Committee Meetings
A meeting will be held on a day in the month decided by the committee and will be held at least once a month.
D) Chair at Meetings
At committee, special and annual general meetings the elected chairman will preside at meetings and if not possible for the chairman to do so, he will be replaced by the elected vice-chairman.
E) Awards meetings
The Awards Meeting will be held during the first quarter of a year. Notice of the meeting must be sent out timeously. Any awards must be submitted to the secretary in writing and must reach the committee two weeks prior to the meeting.
The following business will be transacted at the Awards meeting
a) To present awards to recipients as per the rules governing the awards.
F) Notices of Meetings
All notices of special meetings and general meetings must be sent out by e-mail 14 days before the date thereof.
Article 6 – Voting
Every matter shall be determined by voting of the majority of the members present at the meetings. Each member will have a vote: minors can be represented by their legal guardian / parent at the meetings. In the case of a tie the chairman has a casting vote.
Article 7 – Quorum
No voting shall take place if a quorum is not present at the called meeting. At committee meetings five members will form a quorum. At general and special meetings a quorum will be one third of the current membership. Junior (under 18 of the day of the meeting) can be counted as part of the quorum but cannot cast a vote unless represented by a guardian or parent.
Article 8 – Finances
The financial year will run from 1 January and will end 31 December of each year.
A) The treasurer shall keep proper Accounts of the finances of the club and give a report of them at the annual meetings. Monthly account statements must also be provided.
Article 9 – Club Attire
The licensed racing members will wear the club attire approved by Cycling South Africa.
The sponsors will pay the yearly registration fee stipulated by Cycling South Africa to have the rights as sponsor of the club.
The social members are obliged to wear the social kit as approved by the club committee.
Article 10 – Awards
The rules and regulations governing awards and prizes will be decided at a committee meeting and the rules will be published annually, before end February.
Article 11 – Indemnity
To join or take part in any club activity you unconditionally accept and agree to bind yourself to the terms and conditions set out hereunder.
I acknowledge the risks and hazards, which exist in a venture of this nature.
I am attending and/or participating in the CLUB EVENT entirely at my own risk.
I am obliged to strictly adhere to all the applicable rules and directives of the owners and organisers of the CLUB EVENT including all appointees assisting the organisers in respect of the CLUB EVENT.
I accept and agree that I, my estate, dependent(s) and those whom I represent shall not have any claim of whatsoever nature or kind against the Hermanus Cycling Club, Club Committee, the land owners or any of their employees ( hereinafter referred to as ENTITIES of any cost, loss, damage, injury, disability or death which may be incurred or suffered by myself, my estate and/or my dependent (s) arising directly or indirectly from my participation in the CLUB EVENT or any of the activities associated therewith or incidental thereto, use of facilities and/or amenities or by reason of defective material or equipment or by way of any human or mechanical error, default or failure or from any other cause whatsoever except upon proof that such cost, loss, damage, injury, disability or death was due to the sole negligence of ENTITIES in which event ENTITIES potential liability shall be limited to any claim which falls within the ambit of ENTITIES insurance policies and only to the extent that such claim is covered and settled by ENTITIES’ insurer(s); and
I agree to indemnify ENTITIES from and against all and any such claim(s) not covered or settled by ENTITIES insurer(s).