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Club Constitution

Balsall Common Run Club

Constitution 2015

1. Name and Colours

1.1 The club, established in April 2014, is called Balsall Common Run Club (“the club”)

1.2 The club is aiming to become affiliated to England Athletics

1.3 Members representing the club at competitive events are expected to wear the club’s colours whenever possible in order to promote the club

1.4 The club has club member status of the sports association based at The Lant, Meeting House Lane, Balsall Common

1.5 The club’s colours are red, orange and gun metal grey

2. Aims and Objectives

2.1 Encouraging and promoting adult recreational and competitive running and related sporting and social activities amongst the local community within the CV7 postcode and surrounding areas

2.2 Fostering the enjoyment of running and the maintenance of personal good health and fitness for personal achievement, improvement and friendship

2.3 Providing opportunities for running both on and off road, and the promotion of associated fitness activities

2.4 Representing the club in team events, affiliated leagues or other events and competitions

2.5 The provision of running leadership, coaching, structured training, appropriate courses, competitive and social opportunities

2.6 The encouragement of members to play an active role in the club

2.7 To do all things that the management, at its discretion, thinks fit to further the interests and reputation of the club or which are incidental or conducive to the above including making gifts or grants to charities or worthy local causes

3. Application of surplus funds

3.1 The club is a non-profit distributing organisation. Surplus income or profits after maintaining prudent reserves are to be used to maintain or improve the club’s facilities or to further the club’s aims and objectives

3.2 Nothing in clause 3.1 shall prevent the club from entering into an agreement with a member to remunerate them for providing goods or services to the club (provided that such arrangements are approved by the management)

3.3 No member shall be paid a salary, bonus fee or other remuneration by the club for competing for the club

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3.4 For the avoidance of doubt the club may sell and supply food, drink and related sports clothing and equipment, remunerate members for the bona fide provision of tangible goods and services for the benefit of the club provided that such arrangements are approved by the management, pay interest on money lent by a member to further the aims and objectives of the club at a commercial rate of interest, reimburse any member for reasonable and proper out of pocket expenses incurred on club business

3.5 The management appointed to act as set out below shall be entitled to an indemnity out of the assets of the club for all expenses and other liabilities properly incurred by them in the management of the affairs of the club

4. Membership

4.1 Members must be amateurs as defined by UK Athletics and adults; that is aged 18 or over

4.2 There are two classes of membership, namely ordinary and household, open to all without discrimination as defined in the Equality Act 2010 (apart from under 18s)

4.3 The management has the power to create additional classes of membership if it wishes to do so in future

4.4 The fee for running sessions and the membership fee shall be determined from time to time by the management provided that the management ensure that fees set by it do not preclude open membership to the club

4.5 Membership is not transferable

4.6 Applicants for membership will need to complete a current club health questionnaire and pay the annual membership fee or such proportion as is determined by the secretary. The annual membership fee will be fixed and payable by such date as shall be determined from time to time by the management

4.7 Before a member can compete for the club a health questionnaire must have been submitted to the secretary and the relevant fee paid for the current year. Members in arrears for more than 28 days from submission of a form or from notification of the annual fee may have their membership suspended by the management and will be unable to participate in the affairs or activities of the club until the proper payment is made

4.8 By completion of a health questionnaire the member shall be deemed to have agreed to abide by this constitution and any additional rules of the club as well as the appropriate rules and regulations, including the rules for competition of UK Athletics, England Athletics and any other relevant or successor body

4.9 Members have a continuing duty to inform the club, normally via the secretary, of changes of personal details of matters covered on their health questionnaire including medical conditions which might impinge upon, or be relevant to, a member’s fitness or running ability

4.10 The secretary will hold individual member details in accordance with the Data Protection Act 1998. This information will be treated as confidential and only used for compliance with any governing body rules or regulations, verification on entry for team events, affiliated leagues or other events or competitions, club records and rankings, the proper management of the club including club communications to the member and in circumstances where the club may owe the member a duty of care to take reasonable care for the member’s safety

4.11 Members may resign at any time by giving notice to the secretary but there is no legal entitlement to a refund of part or the entire membership fee. Membership will cease immediately on the giving of such notice, upon death, upon the failure of the member to comply with any condition of membership set out in this constitution and when a member suspended for not paying the fee fails to do so within 45 days of the due date. The management also has the power to expel or suspend a member in accordance with the disciplinary procedures set out below. An ex-member forfeits all rights to and claims upon the club, its property and funds

5. Disciplinary Procedures

5.1 The management shall have the power to expel a member when, in its opinion, it would not be in the interests of the sport or of the club for them to remain a member

5.2 Such a member will be given at least 14 days’ written notice of a meeting of the management for this purpose, together with details of the complaint made against them

5.3 The member shall be given an opportunity to make written representations and/or to appear before the management and at any such meeting to be accompanied by a representative or friend, who may answer complaints made against the member

5.4 The management may exclude the member from the club until the meeting considering their expulsion has been held

5.5 Any person ceasing to be a member forfeits all rights in relation to and claims upon the club, its property and its funds and has no right to the return of any part of his subscription

6. Club Management (“the management”)

6.1 The day to day management of the club consists of a committee comprising of three officers each having an equal vote

6.2 These officers are the chair (person), secretary and treasurer

6.3 Any person leaving the management for any reason must ensure a smooth transition of duty when standing down and must provide co-operation, information, relevant documentation, advice, support and expertise to their successor and to the continuing management

7. Management Powers and Duties

7.1 Generally, to administer and manage the affairs of the club in order to achieve the aims and objectives above and in particular to:

7.2 organise club activities

7.3 make club rules and regulations to permit its day to day operation provided that such may not supersede or contradict provisions of this constitution

7.4 make and give receipts, releases and other discharges for any amount payable to the club and for claims and demands of the club

7.5 invest, place on deposit, administer and deal with any finances of the club not immediately required using any investments or securities which the management thinks fit

7.6 issue, sign, draw, endorse, negotiate, transfer and assign all cheques, bills, drafts, promissory notes, securities and instruments, negotiable and non-negotiable to operate on the club’s banking accounts

7.7 maintain a bank current account with any of the officers being authorised to sign club cheques

7.8 via the treasurer maintain up to date, accurate accounts of the finances of the club

7.9 enter into all such negotiations and contracts and rescind and vary all such contracts and execute and do all such acts, deeds and things in the name of and on behalf of the club as it may consider expedient

7.10 pay all the costs and expenses of, and incidental to, any of the aforesaid matters and things

7.11 nominate, delegate and assign specific tasks to officers or other members, whether or not they are already part of the management

7.12 fill any management vacancy which is vacant if it desires to do so by co-opting members

7.13 create additional classes of membership if it wishes to do so

7.14 exercise any of the other powers granted to it under this constitution

8. Proceedings of the management

8.1 The committee will endeavour to meet at least four times during the club’s year in person. Additional meetings may be held, not necessarily in person and in any format agreeable to the management

8.2 Minutes will be taken of each meeting, recording who attended together with a brief summary of the points of discussion and the decisions taken and, as soon as possible after a meeting, the secretary shall distribute draft minutes of the meeting to the management for comment, revision and agreement

8.3 A minimum of two members of the management will constitute a quorum

8.4 The management may otherwise arrange and regulate its meetings and proceedings as it thinks fit including the invitation of members or third parties to attend and address a meeting

9. Management Vacancies

9.1 A vacancy in the management will arise and shall take effect immediately if a member of the committee resigns by notice in writing to that effect given to the secretary

9.2 is subject to disciplinary procedures as above

9.3 is asked to resign following a vote within the management

10. Annual General Meetings

10.1 The Annual General Meeting of the club shall be held at such time as the management shall decide each year to transact the following business:

(i) receive the Chair’s report of the activities of the club during the previous year

(ii) receive the accounts of the club for the previous year

(iii) decide on any resolution submitted in accordance with rule 10.2 below

(iiii) to deal with any special matters which the management wish to bring before the membership

10.2 Notice of any resolution proposed to be moved at the Annual General Meeting shall be given in writing to the secretary not less than 14 days before the meeting

10.3 No period greater than fifteen months shall elapse between one Annual General Meeting and the next

11 Interpretation of the club constitution and rules

11.1 In the event of a dispute the management shall be the sole authority for the interpretation of this constitution and of any separate club rules and regulations. The decision of the management upon any questions of interpretation or upon any matter affecting the club and not provided for by the constitution, shall be final and binding on the members

11.2 A resolution to change the constitution can only be passed by at least two thirds of members attending a general meeting

11.3 The burden of proof in respect of any matter will be on the balance of probabilities

12. Dissolution of the club

12.1 A resolution to dissolve the club or to amalgamate with another club can only be passed by at least two thirds of members attending a general meeting and must include provision for the disposal of surplus property or funds. If successful the management shall proceed to realise the property of the club and discharge all its liabilities

This constitution will come into force on 31 March 2015.