Summary Of Cover & Conditions

• Communicable Disease

  It is understood and agreed that this Policy does not cover any loss caused directly or indirectly, contributed to, by, or attributable to a Communicable Disease or fear or threat of a Communicable Disease.

  Communicable Disease means any disease capable of being transmitted from an infected person or species to a susceptible host, either directly or indirectly.

• Gymnastic and Trampolining Coaching Condition 

  It is a condition of this Insurance that the British Gymnastic Coaching qualification requirements or a recognised equivalent are complied with as follows:

  The Insured club must have at least one designated Coach to a minimum Level 2 qualification or activity instructor responsible for detailing and setting out all gymnastics activities.

  All other coaches must be to a minimum Level 2 qualified, to coach unsupervised, or hold an Activity Instructor qualification.

  All Level 1 Assistant Coaches must be supervised by a Coach qualified to a minimum of Level 2.

  All Coaches must be qualified to the level of performance of the participants in the specific discipline of the sport.

  A maximum Coach to participant supervision ratio of 1:16 shall not be exceeded at any time.

  A maximum of 8 participants to any apparatus/station/trampoline.

  Each assistant Coach may supervise up to 8 participants in addition to the lead Coach group of 16 (e.g. a total of 24 participants for a lead Coach and assistant Coach).

  It is a further condition of this insurance that in respect of Trampolining:

  All coaches must hold current trampolining qualifications recognised by Welsh Gymnastics for the level and skillset they are coaching.

  An experienced spotter, of suitable size to the participant, must be in place at each trampoline.

  A maximum of 1 individual person/participant should be on a trampoline at any time

  Operation of trampolines must be carried out in accordance with British Gymnastic guidelines

  Non slip socks or trampoline shoes should be worn.

• Dishonesty and Fraud

• Known Claims and Circumstances

• Prospectus Liability

We will not cover you for:

1.The defence of legal proceedings concerning: a. death, or disease, or injury including psychiatric injury or stress (other than under Criminal defence)

b. damage to or loss or destruction of property (other than under Property and landlord and tenant disputes)

c. an alleged breach of professional duty

2. Costs/compensation incurred without or in excess of our written consent

3. Any claim relating to or arising from any cause, event or circumstance occurring before or existing at the start of this policy and which has or which you knew or should reasonably have known may give rise to a dispute, legal proceedings or HMRC investigation or a claim

4. Any type of fine or other financial penalty imposed by a Court, Tribunal or regulatory or supervisory body or taxes, duties, interest or penalties imposed by HMRC

5. Any dispute or legal proceedings in respect of which you are, or but for the existence of this policy would be, entitled to indemnity under a legal aid certificate or representation order

6. Disputes or legal proceedings between any parties specified as you in the policy schedule or with any parent, subsidiary or associated company or partner (other than disputes under Employment defence and/or Employment compensation awards)

7. Any dispute you have with your representative, any party involved in the arrangement of this policy, with us, or any Markel group company.

8. Any costs/compensation incurred in a dispute or legal proceedings concerning, arising out of or in connection with: a. breach of confidentiality

b. passing off

c. defamation or malicious falsehood

d. the ownership or existence of any intellectual property rights

e. a Judicial Review

9. Any costs/compensation incurred in a dispute or legal proceedings concerning, arising out of or in connection with your: a. intentional wrongdoing

b. act or omission with negligent disregard as to its consequences

10. Any costs/compensation which you should or would have had to incur irrespective of any dispute

11. Any benefit under this insurance to the extent of providing cover, payment of any claim or the provision of any benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation

12. The VAT element of your claim if you are registered for VAT

13. Any claim caused by, happening through or in consequence of terrorism, war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority

14. Any claim caused by or contributed to by or arising from nuclear reaction, nuclear radiation or radioactive contamination

15. Any legal costs or expenses for, or incurred as a direct result of, a cyber act or cyber incident (other than under Data protection and Data protection compensation). However, costs/compensation incurred indirectly from or arising out of a cyber act or cyber incident are payable but only to the extent that coverage is provided for by the Sections of cover and subject to all of the terms, conditions, warranties and exclusions of this policy.

Prospects of success

We will make our decision on whether to cover your claim based on a legal opinion from your representative (and any professional advice we regard necessary) on whether your claim has at least a 51% chance of:

•             • Successfully pursuing your case and securing a legal and/or financial remedy

•             • Not being found liable in a civil (not criminal) case against you

•             • Being found not guilty in the defence of a criminal prosecution

•             • Securing a significant reduction of your punishment or fine in a criminal prosecution

•             • Successfully appealing the decision of the relevant authority

If there is 50% or less chance of the above we will not provide cover.

Employment defence

To maximise your chances of having reasonable prospects of success for employment defence we strongly recommend that you call the legal advice line number shown in your policy schedule at the following times and follow their advice:

•             • Before disciplining, suspending, dismissing, starting a retirement or redundancy process or making or proposing to make unfavourable changes to the terms of an employee’s contract of employment

•             • When notified of a grievance, a complaint of discrimination (such as sex, race, religion etc) or an appeal from an employee against action you have taken against them

•             • When an employee resigns or walks out after expressing verbal or written dissatisfaction

Or at the very least comply with the ACAS code of conduct which the legal advice line can also advise you on.

Liquidation

If you are placed in liquidation, receivership, administration or bankruptcy or enter into a voluntary arrangement of any kind or if any application is made to the Court or a meeting held for these purposes, this policy will automatically terminate. If this happens, cover for costs and compensation will be automatically withdrawn and costs incurred or compensation awarded after the date of withdrawal will not be covered.