XClent Constitution

This constitution is pending final approval of The Committee

CONSTITUTION AND RULES

1. TITLE

The title of the club is 'XClent Paragliding club (hereinafter called The Club).

2. OBJECTS

The objects of The Club are to encourage and to provide opportunities for members to fly Foot Launched Aircraft using mechanical launch methods.

3. MEMBERSHIP

a. Flying membership shall be open to all current members of the BHPA.

b. The Committee may refuse to admit any person as a member without giving any reason for such refusal.

c. Non "Pilot In Command" members will be deemed Associate members and may serve on the committee if voted in by the flying membership.

d. The Club shall consist of Members, Associates and Day Members who shall be bound by the Constitution and Rules of The Club. Associate and Day Members may not pilot any club owned aircraft.

e. The form and privileges of membership shall be at the sole discretion of the Committee, who may from time to time divide the membership into different classes and attach special designation, restrictions or privileges to each class.

f. Only paid up Flying annual members shall be entitled to vote.

g. All committee members will be members of the BHPA for insurance purposes.

h. Non flying committee members may have their fees paid by the club.

4. PERIOD OF MEMBERSHIP AND RE-ELECTION

a. The Club year begins on the first day of January.

b. New members who are accepted will pay the full year's subscription for the unexpired period of the current year.

c. All memberships will expire on Dec. 31st each year, and will be reviewed by the Committee.

d. Members not accepted by the Committee for renewal shall cease to be members.

5. AGE LIMITS
No person under the age of eighteen years shall be a member of The Club unless his/her parent or guardian shall have signed a consent certificate approving his/her application for membership and accepting all legal responsibility for the member.

6. SUBSCRIPTIONS

a. The subscription for each year shall be set by the Committee at the beginning of the year.

b. Payment of subscription by a member shall be deemed to be acceptance of, acquiescence in and submission to the rules, regulations and bye-laws of The Club, to the penalties they exact and to any additions or alterations which may be made in them from time to time.

7. The Committee

The following members invested in the clubs future
Mike Aston, Christine Carter, Phil Cooper, Ken Hammond, Colin Hizzey, Gary Jackson, Alan Maguire, Jay Myrdal, Charles Norwood, Gerald Owen, Bob Slade, Christopher Sturdy.

a. The business of The Club shall eventually be managed by a Committee consisting of not less than five or more than eight members, in which number shall be included the undermentioned officers of The Club:

Chairman
Secretary
Treasurer

b. A caretaker committee consisting of some or all of the named members above will guide the club in its new infancy. The caretaker committee will exist until all loans by those members have been repaid and the club is a true members owned club.
i. Chairman : Christopher Sturdy
ii. Secretary : Mike Aston
iii. Treasurer : Emily Sinclair (Non flying Associate member)
iv. Safety : Bob Slade
v. Tow Coach "In Charge" Gary Jackson*
vi. Equipment Maintenance : Gerald Owen / Phil Cooper / Alan Maguire
* A Chief Tow Coach will be elected as soon as qualifications allow.

c. The caretaker committee may elect other members of the club into the said committee.

d. Once the club is truly members owned and thereafter at each AGM, the committee members shall step down and shall be eligible for re-election by members of The Club in a General Meeting.

e. No nomination shall be accepted without a Proposer and Seconder, or without the nominee's prior consent. A member may not propose or second himself.

f. The Committee may appoint sub-committees as may be desirable from time to time from the members of The Club.

g. The committee may contain Associate members.

8. QUORUM

Six non-Committee members plus a minimum of two Committee members present shall constitute a Quorum at any General Meeting, and four Committee members at a Committee meeting.

9. DUTIES AND RESPONSIBILITIES OF THE COMMITTEE

a. The Committee shall hold and administer for the general benefit of all members, all funds, property and equipment in the general ownership of The Club.

b. The Committee may arrange activities for The Club in accordance with the Objects and incur such liabilities as it may deem proper, provided that the Committee may not without the prior approval of a General Meeting incur liabilities in excess of the assets.

c. The Committee may award to any member such honorarium as it shall deem proper for necessary technical or professional services to The Club, which would otherwise have required the employment of an independent contractor, and may reimburse authorised out of pocket expenses incurred by any member in the conduct of the affairs of The Club.

10. ACCOUNTS

a. The Treasurer shall keep proper books of account, and the funds of The Club shall be under the control of the Committee.

b. Cheques may be signed by just the Treasurer. Club Accounts and all supporting documents shall be available for inspection.

c. Club Accounts shall be available for inspection by any member of The Club with due notice.

11. MEETINGS

a. Committee meetings shall be convened by the Chairman, or in his absence by two other members of the Committee, stating the object for which the meeting is convened. A minimum of fourteen days notice for each meeting shall be given by the Secretary.

b. An Extraordinary General Meeting may be called by a minimum of ten members or four committee members and a minimum of fourteen days written notice shall be given by the Secretary.

c. An Annual General Meeting shall be held in December each year to:

i. Receive and adopt the Annual Report and Financial Statement for the previous year.

ii. Elect the Committee.

iii. Deal with any appropriate business.

d. The Chairman shall take the chair at all Committee and General Meetings. In his absence those present shall appoint a Chairman for the meeting.

e. In the event of an equality of voting at any meeting, the Chairman shall be entitled to a second casting vote.

f. The Secretary will ensure that the Minutes of the proceedings of each meeting are recorded and distributed.

12. CONDUCT

a. All Flying Members must be current members of the BHPA.

b. Any member whose manner or behaviour is deemed to be unseemly, offensive or calculated to bring The Club into disrepute may be referred to the Committee and may have the privilege of membership suspended or withdrawn (without recompense at the Committee's discretion).

13. GUESTS

a. Members of The Club are encouraged to bring guests to the flying field who may become a day member upon payment of a day membership fee set by the committee.

b. Guest/Day member pilots will be either members of the BHPA or will provide documentary evidence of current third party insurance before they use any of the clubs facilities.

c. Guest/Day member pilots will hold the necessary tow rating (unless under conversion training).

14. DISCIPLINE

The Committee will appoint a Chief Tow Coach as soon as practically possible (acceptable to the BHPA and in accordance with the BHPA Tow Manual) who will be in total control of all flying activities.

15. DISSOLUTION

a. The Club may be dissolved by a resolution passed by a majority of not less than three quarters of the members present and voting at an Annual General Meeting or at an Extraordinary General Meeting called for the purpose.

b. If upon the dissolution of The Club there remains after satisfaction of all its debts and liabilities any money or other property whatsoever, then a majority of not less than three quarters of the members present and voting at the Annual General Meeting or Extraordinary General Meeting at which a resolution has been passed to dissolve The Club may resolve either that the same shall be paid, applied or distributed among the members or shall be applied by the Treasurer, Trustees or other persons appointed by that meeting for that purpose to the furtherance of objects similar to those of The Club.

16. ALTERATIONS TO THE CONSTITUTION

a. The Constitution may not be altered except on a resolution passed by a majority of the caretaker committee, thereafter when the club is truly members owned, of not less than two-thirds voting at an AGM or EGM.

b. Members will be notified of any resolution for the alteration of the Constitution. A notice in writing of such alterations shall be given by the Secretary to the members.

17. NOTICES

The accidental omission to give notice of a meeting to or the non-receipt of the notice of a meeting by any member shall not invalidate any proceedings or resolutions at any meeting of The Club or Committee.

18. INSURANCE AND LIABILITY

a. No member shall do or cause to be done any act or thing which may cause or contribute to the premium or premia paid in respect of any policies of insurance effected on behalf of The Club (if any) to be increased, or which may void or invalidate or otherwise jeopardise or prejudicially affect any such policy.

(NB: In the case of insurance cover for third party legal liabilities being allied to BHPA membership, the Committee will not be responsible or liable if individual members have failed to keep their BHPA membership current).

b. Any policy excesses will be the responsibility of the member(s) directly involved at the time of the incident (unless the Committee decide that no fault exists and choose to pay the excess from Club funds)

c. Only BHPA members may ride the motorbike to retrieve the lines.

19. RULES TO BE DELIVERED AND DEEMED BINDING

A copy of these rules, insurance particulars, and of the flying regulations shall be delivered to every member or transmitted to his address. No member shall be absolved from the effect of these rules or regulations or any regulation of The Club by any allegation of not having received them or ignorance of their contents, furthermore a copy may be seen from time to time on application to the Secretary.

20. KNOWLEDGE AND INTERPRETATION OF RULES, BYE-LAWS, AIRFIELD AND FLYING REGULATIONS

a. All members shall make themselves acquainted with the rules and flying regulations and all alterations additions and amendments thereto, and all bylaws and notices that may be promulgated by the Committee, and shall be responsible also for ensuring that any visitors introduced by them or their guests are also acquainted with and comply with the rules, regulation, byelaws and notices.

b. The settlement of any questions or queries or disputes shall rest entirely with the Committee whose decision shall be final.

c. Pilots flying Cross Country will be deemed to be compliant with and to have full knowledge of airspace rules and regulations.

21. PROPERTY

Any property belonging to The Club may be invested in the names of not more than four nor less than two Trustees who may be appointed or removed from time to time by the Committee. Such property may also be invested in the name of a Limited Company established by and under the control of The Club for trust purposes. The Committee may from time to time direct the Trustees to sell, vary and transfer investments and property. Trustees so appointed shall be indemnified by The Club from and against any liability costs expenses and payments whatsoever which may be properly incurred or made by them in relation to the trusts of the property and investments of The Club or any proceedings relating thereto.

FLYING REGULATIONS

I. All operations will be conducted in accordance with the BHPA Technical Manual.

II. The Chief Tow Coach's decision is final. In his absence, his appointed deputy's decision is final.

III. The Chief Tow Coach's deputy will be any Tow Coach who is a Flying member of The Club who is on "Winch Operation Duty"

IV. All Flying members will obey the regulations laid out in the document titled "XClent Flying Rules"