• Maintaining an active Board of Directors as elected by the members of the club and hold an annual AGM
• Having an open membership (not by invite)
• Management and reporting of the club’s membership to the ABA as requested
• Ensuring all members have sufficient insurance coverage to participate in club activities through the purchase of an ABA Membership for that calendar year
• Ensuring members show proof of ABA Membership (Affiliate Club Membership, Citizen Permit or UCI Licence) at all club activities
• Ensuring the club has adequate bylaws, policies and guidelines that are transferable from one executive to the next.
• Ensuring club members are aware of all policies and rules of the club and follow these rules
• Providing a safe and enjoyable atmosphere for members at both social activities, rides and club member events.
• Ensure that all coaches, club personnel, chaperones and volunteers adhere to the guidelines set by the Responsible Coaching Movement.
• Ensure that activities are following basic risk management procedures, all clubs must have their own risk management plan
• Ensuring all member waivers are available to the ABA

In order for a club to affiliate as a club they must have a minimum of 5 members. These members can include community members, officials, racing members or technical licenses (coach, organizer etc). Any club that does not meet the 5 member minimum, or has a closed membership (by invite or selection) will be considered a Provincial Trade Team.

• As a NCCP certified coach you are covered for Liability, Professional Liability and even Sexual abuse claims made against you for the liabilities to third parties (including club members) that you instructed.
  
• An individual who is acting as a ride leader (responsible for the course, everyone's safe return) does not have to be an NCCP coach

• All club activities planned for the season (this can be done during the online affiliation process)
  
• Club events taking place outside of Canada will not be covered by insurance. Clubs or individuals may purchase out of country medical insurance through Holman if they are not covered already
  
• Helmets must be worn at all times during club activities
  
• If any incidents/accidents occur during ABA approved events/activities must have a sport injury report form submitted to info@albertabicycle.ab.ca

• All club activities planned for the season (this can be done during the online affiliation process)
  
• Club events taking place outside of Canada will not be covered by insurance. Clubs or individuals may purchase out of country medical insurance through Holman if they are not covered already
  
• Helmets must be worn at all times during club activities
  
• If any incidents/accidents occur during ABA approved events/activities must have a sport injury report form submitted to info@albertabicycle.ab.ca

Directors and Officers Liability Insurance provides coverage for “Wrongful Acts,” “alleged to have been committed by a club’s Board of Directors, employees, volunteers and officers while executing their duties in service to the club. Wrongful Acts can be defined as any alleged act, error or omission, misstatement, misleading statement, neglect or breach of duty.

Directors and officers of non-profit organizations can face significant exposure to personal liability from the services they perform as directors and officers of organizations, including cycling clubs. The Board of Directors is given the responsibility to manage the affairs of the corporation under the terms of the general by-laws and therefore, the Directors and Officers have a responsibility to their membership.

When there is a lawsuit, lawyers often go after the individual officers and directors in addition to the sports organization. By purchasing D& O Insurance for your club, you can be assured that if your Cycling club / sports organization is sued, that your home, retirement, savings account, or your children’s education funds won’t be at risk

DUTIES OF DIRECTORS & OFFICERS

Directors and Officers have three principal legal duties:

 Duty of Diligence: to act reasonably, prudently, in good faith and with a view to the best interests of the organizations and its members;

 Duty of Loyalty: to place the interests of the organization first, and to not use one’s position as a director to further private interests;

 Duty of Obedience: to act within the scope of the governing policies of the organization and within the scope of other laws, rules and regulations that apply to the organization.

WHEN CAN A DIRECTOR BE HELD LIABLE?

Non-profit organizations can be unincorporated (no legal status) or incorporated. Incorporated bodies can be sued as an entity, where an unincorporated entity cannot. Regardless of how the organization is structured, individual directors can be held liable for their actions. Allegations which are most commonly made and which have to be defended by directors include:

• Acting beyond the scope of their authority
• Giving wrong advice
• Breach of fiduciary duties
• Authorizing excessive spending
• Failure to supervise subordinates or affairs properly
• Discrimination
• Negligent evaluation
• Failure to comply with the rules of the association/organization

CLAIMS MADE POLICIES

Directors and Officers liability insurance programs are provided on a claims made policy form. This means the claims must not only be made against you, but also must be reported during the policy period. This means your association/club must pay close attention to how and when claims are reported. In the unfortunate circumstance of a claim, reporting is critical. In some cases, the timeliness of reporting could make the difference between coverage being accepted or denied. You must also advise of any known circumstance which may give rise to a loss prior to the expiry date of your policy, or upon application for a new policy.

CLAIMS EXAMPLES

The Plaintiffs were members of an athletic club who were suspended for inappropriate conduct. They brought a claim against the association and its president for an injunction barring the suspension and for damages alleging that their memberships were suspended without just cause. Damages were paid to the Plaintiffs and they were subsequently reinstated as members of the club.

Defence Costs: $35,000 Settlement: $16,000

A flagger / official at a club event was judging a competitive cycling race and a rider lost by a “spilt second”. The rider claimed he was wrong and it affected his national ranking, due to this apparent mistake by the judge. The rider sued the judge and club directors on the basis of wrongful acts and presented with a Claim amount: $50,000

NOTE:

This summary does not in and of itself provide coverage and it is subject to the terms and conditions which are set forth in the policy. It is intended only to provide basic details of coverage that are fully described in the actual Policy issued. In the event of any inconsistency, the actual policy will prevail. Questions about the Policy can be directed to Holman Insurance Brokers Ltd.