This information is provided for the use of Club Members, to inform their officials and members concerning the operation of MCofS Civil Liability Insurance, and its relationship with Club Member members' subscriptions.

1. Membership Subscriptions
   The purpose of the membership subscription is to:
   • support the activities of the MCofS in representing Club Members' and member's interests
   • enable the MCofS to provide relevant information, including a subscription to The Scottish Mountaineer magazine
   • provide the MCofS, clubs and members, with Civil Liability Insurance (CLI)

   Membership subscriptions are reviewed each year. The CLI premium is included in the subscription and the premium is determined in consultation with the insurance broker.

   There are three categories of membership – Individual, Club and Associate:
   

   • Individual membership options include Ordinary, Youth, Concession, Joint and Family categories
   • Individuals who are members of a Club Member are eligible for MCofS membership at concessionary rates, providing the club has registered the member's details and paid the relevant subscription to the MCofS
   • Associate membership is offered to organisations and companies which demonstrate a corporate commitment to supporting the mountaineering community and the mountain environment

2. Club Member - Membership Registration
   The club registration year operates from the date of the MCofS AGM. Membership details must be submitted to the MCofS within six months of the date of the AGM, and accompanied by the per capita membership subscription.

   Club Member members declared to the MCofS will enjoy CLI cover on activities undertaken with the registering club, another club or individually

   CLI insurance covers club events including outdoor and indoor activities. For insurance purposes a Club Member member who no longer participates in club events, including social activities, need not be declared in the submission by that club. However, such members may wish to continue to support the MCofS by paying the subscription fee. The MCofS maintains a database of registered club members. In the event of a claim by a Club Member, the database will be used to establish whether a club member involved in a claim is registered and eligible for cover.

   Members joining a Club Member must be registered with the MCofS within one month of joining that club. The subscription for new members is calculated on a pro-rata basis in blocks of 3 months.

   If an incident occurs at a Club event, which includes a Club Member member who is not registered, insurance may be invalid for that event.

   It is a mandatory requirement of the insurance broker that a Club Member has an appropriate Child Protection Policy to ensure that the officers and members of that club are covered by the CLI Policy in the event of a claim against them made by a child. In the event of such a claim being made, the insurance policy may be invalidated if no Child Protection Policy is in operation.

   If a guest participates in a club event, he / she is not personally covered by the insurance. If that person causes a claim to be made he /she can be sued on a personal basis, or the club can also be held responsible and may be brought into legal action. CLI will cover the club, its officials, and its members and the event only. The guest is not covered in his / her own right. If a guest participates with the club on a regular basis they should be regarded as a club member and be made either a prospective or full member, and the relevant affiliation fee sent to the MCofS at the appropriate time.

   There is automatic cover for the club when individuals participate in club events on a trial basis. The club is indemnified for liability but the individual has no insurance in his / her own right until becoming a fully paid up member of the club.

   Children (under 18 years old) can join in club activities and the club will remain indemnified for liability. Although children cannot be held responsible for their actions, the insurance charge is still applicable as it is common that when liabilities are incurred by a child in respect of third party personal injury or property damage, the duty of care will ultimately lie with the club. Children and other young people over 18 years of age should be regarded in the same way as adults and should join the club (and therefore the MCofS) if they intend to continue as active club members.

   The insurance is only available to club members with a permanent UK address. Club members on temporary contract abroad or serving with the armed forces are included within the cover given. Any person permanently living abroad would not be covered as this policy is subject to UK jurisdiction and in some countries it is illegal to obtain insurance from another country.

3. Civil Liability Insurance
   MCofS Civil Liability Insurance provides protection against any circumstance in civil law: for the MCofS, including its volunteers and staff; for Club Members, including club officials and members; and for Individual Members, including:
   • PUBLIC LIABILITY: Accidental bodily injury to third parties and / or damage to third party property arising out of mountaineering activities
   • PRODUCT LIABILITY: Accidental bodily injury to third parties and / or damage to third party property arising out of any goods sold or supplied by members of the Club Member
   • PROFESSIONAL INDEMNITY: Loss (financial or otherwise) arising out of Errors or Omissions (e.g. bad advice)
   • LIBEL AND SLANDER: Includes defamation
   • DIRECTORS' AND OFFICERS' LIABILITY: Legal liability protection in respect of mismanagement
   • OWNER'S LIABILITY: The policy is also extended to protect against liability arising out of the use, ownership or possession of any club premises, e.g. mountaineering huts

4. How Could Liability Attach to Members of a Club?
   First, it is necessary to explain that liability actually attaches to individual members of clubs, not to the club itself, unless the club is incorporated (see note below). Most mountaineering and hill walking clubs are unincorporated and therefore they have no legal personality of their own, unlike companies limited by shares or guarantee (or partnerships in Scotland, but not in England). Because clubs are unincorporated their property - the legal title to land and buildings - has to be held in the names of individual members (minimum 2, maximum 4).

   So as far as clubs are concerned, all members of a club are equally liable at law in the event of any claim arising from, or in connection with, its activities, for example in respect of its hut.

   In practice, the claimant would address a claim to a limited number of individuals. In the case of a claim involving an accident at a hut the claim would be addressed to the hut warden, officers, committee members and trustees. Any individual singled out to defend a claim would be entitled to an indemnity from the membership on whose behalf they were acting in respect of the claim itself and associated costs - to the full extent of any uninsured losses.

   Liability can attach to the collective membership of mountaineering clubs under a variety of circumstances, principally under the five heads of cover detailed above, some examples are:

   1. A member or third party could be injured by faulty or poorly maintained club premises.
   2. Members or third parties may take offence to published materials, e.g. guidebooks / newsletters / website.
   3. Food poisoning could be suffered by a member or a third party from materials either made or distributed by a member or members of the club at an event organised by the club, or illness could be caused by a contaminated water supply to a hut.
   4. A member or a third party may sustain injury as a result of faulty equipment provided by a member or members of the club at an event organised by the club.
   5. If a novice mountaineer sustained injury on a walk or climb led by a member or members during an event organised in the name of the club.
   6. If a rock or debris was dislodged and caused injury or damage to a member or a third party or property when it fell.
   7. Should the club become insolvent as the result of mismanagement of finances.
   8. Should a landowner's gate be left open and cattle or sheep escape and cause third party injury or damage.

   Note: Clubs may incorporate themselves, usually by registering as a company limited by guarantee. Such a company has no share capital. The members guarantee that in the event of the company going into liquidation they will each contribute a specified amount, say £5. Thus, their liability is limited to £5. The company's liability is unlimited - all its assets (such as a club hut if owned by the club) are available to meet its debts.

5. Policy Summary
   In order to comply with Financial Services Authority regulations Perkins Slade and the underwriter, Royal & Sun Alliance Insurance plc, require that the policy summary below should be provided along with the foregoing notes. It is a generic document that all National Representative Bodies that have access to the Civil Liability insurance policy are required to distribute to their members.

   £2,000,000 is the minimum level of cover that is provided. The individual certificate of insurance and schedule held by the MCofS and BMC respectively specify any variation from the generic policy and detail the (i) policy period, (ii) name of the insured, (iii) operative time and (iv) limit of indemnity etc. In the case of the MCofS and BMC the limit of indemnity for any one event is £5,000,000. See note below reviewing the policy.

CCPR Sports Scheme Civil Liability Policy Summary

This policy is underwritten by Royal & Sun Alliance Insurance plc. It is an annual contract and may be renewed each year subject to the terms and conditions then applicable.

This Policy provides cover up to the Limit of Indemnity in respect of civil liability to pay damages in respect of claims arising out of the conduct of the Business or Insured Activities made against the Insured and notified to the Company during the Period of Insurance.
The Policy also provides legal liability cover for associated claimant legal costs.
The cover provided by the Civil Liability Policy provides cover for all liability to pay damages under civil law unless otherwise excluded under the list of policy exclusions.
Cover therefore includes:

• Civil liability arising out of injury to any person (excluding persons employed);
• Civil liability in respect of loss or damage to third party property;
• Civil liability in respect of nuisance and trespass;
• Civil liability in respect of libel and/or slander committed in good faith;
• Civil liability arising out of advice, tuition or coaching provided in connection with a business.

In certain circumstances cover may include member-to-member liability. If this cover is provided it will be clearly noted on the Policy Schedule or Certificate applicable to the respective mountaineering councils.
The following tables provide only a summary of the main policy benefits and the terms and conditions. For full details of these and all the terms and conditions that apply you should read the policy document, a copy of which will be provided on completion of your contract or at any time on request.
Note: In the first instance you should contact the MCofS office if you wish to obtain a copy of the policy - an administration fee of £3.00 will be charged for this. Enquiries concerning MCofS Insurance should be addressed to:
David Gibson, Senior Officer: email davidg@mountaineering-scotland.org.uk
Further information on Civil Liability Insurance can be obtained from Perkins Slade Ltd, telephone 0121 698 8000.

CIVIL LIABILITY INSURANCE the following will automatically be included

Standard Cover: Civil Liability in respect of accidental injury to members of the public or accidental damage to their property Civil Liability in respect of accidental injury or accidental damage to property resulting from products supplied Wrongful arrest or wrongful imprisonment of a member of the public Contingent Motor Liability Legal defence costs in defending proceedings arising from a breach of the Health & Safety at Work Act 1974, the Health & Safety at Work (Northern Ireland) Order 1978 or Part II of the Consumer Protection Act 1987 where there has been no actual injury or damage Civil Liability in respect of libel and/or slander committed in good faith Civil Liability arising out of advice tuition or coaching provided in connection with the Business or Insured Activities The minimum limit of Indemnity provided for Civil Liability will usually be £2,000,000 any one event. Higher limits can often be provided The minimum Limit of Indemnity provided for Products Liability will usually be £2,000,000 any one Period of Insurance. Higher limits can often be provided The Policy will usually allow the claimant's costs and expenses in addition to the Limit of Indemnity

Excludes Civil Liability in respect of: risks that require more specific insurance, i.e. Motor, Marine injury to employees loss of or damage to property in your custody or control pollution unless sudden and accidental contractual liability for products activities undertaken or any legal action brought against the Insured in a Court of Law within the United States of America or Canada other than in certain circumstances fines, penalties or punitive damages defective products and work and the repair, replacement or recall of same work for fear of contracting asbestos related diseases repair of defects in premises disposed of claims arising out of or in connection with damage to any data pre-claim asbestos clean up costs nuclear risks war risks deliberate, dishonest or foreseeable acts infringement of trademark name registered design copyright or patent right medical negligence some other specific events may be excluded or cover may be qualified

The following apply to the policy as a whole regardless of the specific cover you have selected. For full details of these and other exclusions and limits please read the policy document.

General Conditions

• If there are any changes to the Business, the Premises, the property therein or any other circumstances whereby the risk is increased you must inform us immediately. Failure to do so could invalidate the policy or result in a claim being repudiated.
• If you fail to take reasonable precautions to prevent damage, prevent an occurrence or cease any activity that may give rise to a claim under the Policy.

Excesses & Limits

Your policy may be subject to excesses, which are the amounts you must pay in the event of a claim. Also, certain claims limits may apply. These will both be shown in your policy schedule.

Revised Confirmation of Civil Liability Insurance