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I am a member of a Triathlon club. The club does not have open water coached sessions as they are unable to satisfy the safety criteria laid down by the sports governing body. However, the club did pay for, and install, 8 sea buoys that permanently mark out a 600m lap in reasonably sheltered waters. The beach where these are situated is not lifeguarded and the public presumably swim at their own risk, as the local council has done nothing to safeguard the people venturing into the sea.
It became traditional that club members would meet at 6pm on a Wednesday evening, and swim around the buoys. The actual swimming took no format. People swam for as long as they wanted and there was no structure. However, one person would stay shoreside and guard their personal belongings, not for fear of theft, but mainly to prevent rogue dogs weeing on it!
The club has two Facebook pages. A closed one for members only, and a public one. This Wednesday evening swim was advertised each week, so that any like minded people could come along and know that their kit was being looked after. Each week, the post stated that this was not a Tri club event, there was no insurance or lifeguarding, it was merely a kit guarding service for an hour and if they were lucky, they might get a slice of cake after their dip. Then, a new Chair took over the running of the club. They weren't happy with us advertising this, as in their opinion, merely posting it on the Facebook page would make the club liable if there was an accident. Several, (most), of the club argued that it was no different to an individual saying they were going for a swim, bike or run, and did anyone want to join them. However, they were adamant, and now the Wednesday swimmers have dwindled from the 30ish participants, to less than 10, as people have been dissuaded from attending. My question is - would the club be liable if there was an incident, despite the clear disclaimer?
It became traditional that club members would meet at 6pm on a Wednesday evening, and swim around the buoys. The actual swimming took no format. People swam for as long as they wanted and there was no structure. However, one person would stay shoreside and guard their personal belongings, not for fear of theft, but mainly to prevent rogue dogs weeing on it!
The club has two Facebook pages. A closed one for members only, and a public one. This Wednesday evening swim was advertised each week, so that any like minded people could come along and know that their kit was being looked after. Each week, the post stated that this was not a Tri club event, there was no insurance or lifeguarding, it was merely a kit guarding service for an hour and if they were lucky, they might get a slice of cake after their dip. Then, a new Chair took over the running of the club. They weren't happy with us advertising this, as in their opinion, merely posting it on the Facebook page would make the club liable if there was an accident. Several, (most), of the club argued that it was no different to an individual saying they were going for a swim, bike or run, and did anyone want to join them. However, they were adamant, and now the Wednesday swimmers have dwindled from the 30ish participants, to less than 10, as people have been dissuaded from attending. My question is - would the club be liable if there was an incident, despite the clear disclaimer?
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