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Out of School Insurance for Out of School Clubs Policy Arranged by www.mortonmichel.com

Out of School - Morton Michel · Out of School and Out of School Gold 1 PublicandProductsLiability 8 ProfessionalIndemnity ... House, 9 St Michaels Road, Croydon CR9 3DD; telephone

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Page 1: Out of School - Morton Michel · Out of School and Out of School Gold 1 PublicandProductsLiability 8 ProfessionalIndemnity ... House, 9 St Michaels Road, Croydon CR9 3DD; telephone

Outof SchoolInsurance for Out of School ClubsPolicy

Arranged by

www.mortonmichel.com

Page 2: Out of School - Morton Michel · Out of School and Out of School Gold 1 PublicandProductsLiability 8 ProfessionalIndemnity ... House, 9 St Michaels Road, Croydon CR9 3DD; telephone

Out of School PolicyWe are pleased to welcome you as a policyholder of Sterling Insurance Company Limited.

This policy is evidence of the contract which you have made with us andthe completed proposal form incorporating the declaration which you have signed and any otherinformation provided by you in addition to the proposal or in substitution thereforORthe information you have supplied and the application for insurance you have made electronically(hard copy of same is enclosed with

this policy) and any other information provided by you in addition to or in substitution thereforis the basis of the contract.What forms your contract of insurance:• the application for insurance completed by you or on your behalf (Proposal Form, Statement of Fact or

electronic application),• any declaration signed by you in connection with the above,• any written information supplied by you supplementary to the Proposal Form, Statement of Fact or

electronic application,• any quotation or confirmation of cover letter,• any document issued by us setting out any conditions that will apply to your policy,• any document stating that this policy of insurance has been issued subject to certain outstanding

items and/or actions by you or us,• the Policy, Schedule, Memoranda, Endorsements and Warranties.Please note that information contained on your website is not regarded as information supplied by you anddoes not form part of the contract of insurance, unless we have specifically agreed to include it.Please refer to the “Definitions” in the policy. These will tell you what words or expressions have specificmeanings wherever they appear in bold throughout the policy.Where a statute is referred to in this policy, this will also include any later amendments/replacements of it.We will indemnify or compensate you, by payment or, at our option, by replacement, reinstatement or repairin the event of loss, destruction, damage, accident or liability occurring during any period of insurance,subject to the terms and conditions of the policy.

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The policy consists of the Page(s)

Schedule (including Endorsements andWarranties applicable) Inside front coveror sent to youelectronically

Customer service information 4

SectionsOut of School and Out of School Gold1 Public and Products Liability 8

Professional Indemnity (optional) 102 Employers’ liability 153 Legal Expenses 17

Out of School Gold Only4 Club Equipment 245 Deterioration of Refrigerated / Frozen Food 286 Club Money 297 Club Officials’ Personal Money 318 Club Officials’ Personal Clothing 329 Club Children’s Personal Clothing 3310 Personal Accident for Children at the Club 3411 Personal Accident for Club Officials 3512 Buildings (optional) 3613 All Risks (optional) 4014 Trustees’ and Officers’ Financial Liability (optional) 4115 Loss of Revenue (optional) 4216 Terrorism (optional) 45

General Conditions 47

General Exclusions 50

Definitions 53

Endorsements and Warranties 60

The Sections applicable are as stated on the Schedule.

The policy has been prepared in accordance with your instructions - please read it carefully to make certainthat it meets your requirements. Morton Michel will be pleased to provide any further information which youmay require.

Alterations to the cover will be confirmed by the issue of a new schedule which you should file with yourpolicy. Please refer to these replacement documents and the policy to obtain precise details of the covercurrently in force.

Our promise of satisfaction and serviceWe are confident that your Out of School policy will bring you complete satisfaction.

We undertake to refund the premium in full if you are not satisfied with the cover provided by your policy ifit is returned within 14 days of issue, but if there has been an incident which has resulted or could result ina claim you must reimburse us for any amounts we have paid or may be required to pay in respect ofthat incident.

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We wish to provide you with a high standard of service and to meet any claims covered by this policy fairlyand promptly. Page 5 of your policy provides information on how to proceed with enquiries or complaintsand gives details of Sterling’s important and valuable Helplines- there to provide you with quality advice.

DisclosureIt is most important that you tell us of any material change in your circumstances which may affect thisinsurance cover. Material facts can have an effect on what you are covered for and how much you pay. If youare not sure whether something is important, please tell us anyway, since a failure to disclose a material factrelevant to this insurance, could result in your cover being invalid.We recommend that you keep a copy or arecord of all information you give to us.

ConfidentialityWe promise complete confidentiality and security in all matters relating to your insurance arrangements.

J BlundellManaging Director

Sterling Insurance Company LimitedRegistered in England and Wales No. 00498605Registered Office: Ambassador House, Paradise Road, Richmond upon Thames, Surrey, TW9 1SQAuthorised & Regulated by the Financial Services Authority

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Customer Service Information1. Sterling Insurance Company Limited

Sterling Insurance Company Limited is a private company limited by shares, registered in England and Walesnumber 498605. It underwrites general insurance business. It is authorised and regulated by the FinancialServices Authority (FSA). The FSA is the independent watchdog that regulates financial services.

FSA Register number is 202012. You can check this on the FSA’s Register by visiting the FSA’s websitewww.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

Sterling Insurance Company Limited is a member of Sterling Insurance Group Limited.

Registered Office:Ambassador HouseParadise RoadRichmond upon ThamesSurrey TW9 1SQ

Branch Office:50 Kings Hill AvenueKings HillWest MallingKent ME19 4JX

2. Disability Discrimination Act 1995

In accordance with the Disability Discrimination Act 1995 Sterling are able to provide upon request atextphone facility, audio tapes, large print documentation and Braille documentation. Please advise Sterlingif you require any of these services to be provided so that we can communicate in an appropriate manner.

3. Law applicable to the contract

We propose to choose English law as the law applicable to the contract unless we agree another choice oflaw with you prior to the start date.

4. Premiums

Premiums are payable annually to Morton Michel. Insurance premium tax, as imposed by current legislation,is incorporated into all premiums.

5. Promise of satisfaction and service

We are confident that your Out of School policy will bring you complete satisfaction. Sterling undertake torefund the premium in full if you are not satisfied with the cover provided by your policy if it is returned within14 days of issue, but if there has been an incident which has resulted or could result in a claim you mustreimburse Sterling for any amounts we have paid or may be required to pay, in respect of that incident.

6. Duration of contract

The first period of insurance under your Out of School policy will be 12 months unless otherwise requestedby you and agreed by us.

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7. Financial Services Compensation Scheme

Sterling Insurance Company Limited are covered by the Financial Services Compensation Scheme (FSCS). Youmay be entitled to compensation from the scheme if we cannot meet our obligations. This depends on thetype of business and the circumstances of the claim. Further information about compensation schemearrangements is available from the FSCS, telephone number 0207 892 7300.

8. Notification of a claim

If you have a claim, or are aware of an incident that could result in a claim, please contact Morton Michel on0845 257 0900 or Sterling Insurance Company Limited on 0845 271 1300.

9. Enquiries or complaints

If you have an enquiry or complaint regarding:

• the suitability of this policy for your needs; or

• the information and advice you received whilst it was originally being discussed; or

• the operation or administration of the policy

or an enquiry concerning a claim that you may have made; you should contact Morton Michel at AlhambraHouse, 9 St Michaels Road, Croydon CR9 3DD; telephone number 0845 257 0900.

If you have a complaint concerning a claim you have made, you should contact Sterling Insurance CompanyLimited, 50 Kings Hill Avenue, Kings Hill, West Malling, Kent ME19 4JX; telephone number 0845 271 1300.

(A copy of Sterling’s complaints handling procedure is available on request by writing to the CustomerServices Manager, Sterling Insurance Company Limited, 50 Kings Hill Avenue, Kings Hill, West Malling, KentME19 4JX or by telephoning 0845 271 1300.)

If your complaint relates to the Legal Expenses cover, please write to The Customer Relations Department,DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH ortelephone 0117 934 0066 or email [email protected].

Details of the DAS internal complaint-handling procedures are available on request.

Please be ready to provide all relevant details of your policy and in particular your policy number (if allocated)to help your enquiry or complaint to be dealt with speedily.

If you are not satisfied with the way in which your complaint has been handled, you may have the right torefer it to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR;telephone number 0845 080 1800.

Please note that the Financial Ombudsman Service will normally only consider a complaint once we haveissued a final decision letter.

Nothing in the terms and conditions of this policy will reduce your statutory rights relating to faulty or mis-described goods or services. For further information about your statutory rights, you should contact yourlocal authority Trading Standards Department or Citizen’s Advice Bureau.

Following this procedure will not affect your legal rights.

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10. Information about DAS Legal Expenses Insurance Company Limited

DAS Legal Expenses Insurance Company Limited is a private company limited by shares incorporated inEngland and Wales under registered number 103274. It underwrites legal expenses business.Its head and registered office is DAS House, Quay Side, Temple Back, Bristol, BS1 6NH.It is authorised and regulated by the Financial Services Authority (FSA) and appears on the Financial ServicesAuthority’s register under number 202106. You can check this on the FSA’s Register by visiting the FSA’swebsite www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

11. Morton Michel

Morton Michel is authorised and regulated by the Financial Services Authority (FSA).FSA Register number is 308590. You can check this on the FSA’s Register by visiting the FSA’s websitewww.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

Morton MichelAlhambra House9 St. Michaels RoadCroydon CR9 3DD

Telephone: 0845 2570900Fax: 0845 2570547/0548www.mortonmichel.com

12. The Employment Manual

The DAS Employment Manual offers comprehensive, up to date guidance on rapidly changing employmentlaw. To view it, please visit the DAS website at www.das.co.uk. From the Home Page click on the EmploymentManual icon. All the sections of this web-based document can be printed off for your own use. Contact DASat [email protected] with your e mail address, quoting your policy number and DAS willcontact you by e mail to inform you of future updates to the information.

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Helplines

Glass Helpline: 0800 474747A fast and efficient glass and frame replacement service arranged by Solaglas Replacement Glazing,Ashbourne House, Fishponds Road, Bristol BS5 6SH. Operates 24 hours a day, 365 days a year, utilising theirfleet of radio controlled mobile glaziers. If the glass breakage or frame damage is insured by your policy,Sterling will be debited direct by Solaglas. You pay only the policy deductible and VAT where appropriate.

DAS Helpline ServicesDAS Legal Expenses Insurance Company Limited provide these services 24 hours a day, seven days a weekduring the period of insurance. To help DAS check and improve service standards, all calls are recordedexcept those to the counselling helpline.

Commercial Legal AdviceConfidential legal advice is given over the phone on any commercial legal problem affecting your business.

Tax AdviceConfidential advice is given over the phone on any tax matters affecting your business, under the laws of theUnited Kingdom.

Emergency Repair SupportIn the event of an unforeseen emergency affecting your business premises (even if you work from home)which causes damage or potential danger, such as a burst pipe, blocked drain or broken window, DAS willcontact a suitable repairer or contractor and arrange assistance on your behalf. All costs of assistanceprovided are your responsibility.

Health and Medical Information ServiceInformation is given over the phone on general health issues and non-diagnostic advice on medical matters.Advice can be given on allergies, side effects of drugs and how to improve overall health. Information isavailable on health services including hospital waiting lists.Between the hours of 7pm and 9am DAS will take a message and one of their health and medical advisors willcontact you the next day or at an agreed time.

To contact the above services, phone 0117 934 0569 quoting Morton Michel Out of School policy and yourpolicy number.

CounsellingDAS will provide you and your employees (including any members of their immediate family whopermanently live with them) with a confidential counselling service over the phone including, whereappropriate, onward referral to relevant voluntary and/or professional services.

To contact the counselling helpline, phone 0117 934 2121. These calls are not recorded.

DAS will not accept responsibility if the Helpline Services fail for reasons they cannot control.Please do not use the helpline numbers to report a general insurance claim.

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Section 1 - Public and Products Liability

CoverWewill indemnify you against all amounts which you shall become legally liable to pay as damages in respect ofa) accidental bodily injury to any personb) accidental loss or destruction of or accidental damage to material propertyc) accidental obstruction, accidental trespass or accidental nuisance resulting in interference with or loss

of enjoyment of material propertyhappening in connection with the business and occurring during the period of insurancewithin the territoriallimits.

Additional coverThe cover under this section is extended to include the following

1 Contingent motor liability (non-owned vehicles)Notwithstanding Special exclusion 2iii) we will indemnify you in respect of legal liability for accidentalbodily injury to any person or accidental loss or destruction of or accidental damage to materialproperty arising out of the use of any motor vehicle not your property nor provided by you but beingused in connection with the business.

Provided that we shall not be liable under this extensiona) in respect of loss or destruction of or damage to suchmotor vehicle or to goods conveyed therein

or thereonb) for bodily injury to any person or loss or destruction of or damage to property arising whilst such

motor vehicle is being driven by or under the control of any person who does not hold a licenceto drive such motor vehicle

c) in respect of any liability in connection with anymotor vehicle which to your knowledge does nothave the necessary insurance or security to meet the requirements of road traffic legislation

d) in respect of any liability more specifically insured.

2 Corporate ManslaughterWe will indemnify you againsta) legal costs and expenses incurred with our prior written consent andb) prosecution costs awarded against youin the defence of any criminal proceedings including an appeal against conviction arising from suchproceedings brought under The Corporate Manslaughter and Corporate Homicide Act 2007 as a resultof any death happening in connection with the business during the period of insurance and which maybe the subject of indemnity under this section.

Provided thati) our liability under this extension shall not exceed the limit of indemnity stated in the schedule

during any one period of insuranceii) all amounts payable under this extension will form part of and not be in addition to the limit of

indemnity stated in the scheduleiii) where we have already provided an indemnity in respect of any legal costs or expenses incurred

in connection with the defence of any criminal proceedings including appeals against convictionarising from such proceedings brought under The Corporate Manslaughter and CorporateHomicide Act 2007 arising out of the same occurrence which gave rise to such proceedings anyamount paid or payable by us will be deducted from the amount payable under this extension

iv) we agree in writing to the appointment of any solicitor or counsel who is to act on your behalfprior to their appointment.

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We will not be liable fori) any fines or penalties or the cost of implementing any remedial order or publicity orderii) an appeal against any fines penalties remedial order or publicity orderiii) any costs incurred which result from the failure to comply with any remedial order or publicity orderiv) costs and expenses in connection with an appeal unless advice has been obtained from solicitors

or counsel approved by us that there are strong prospects of successv) costs and expenses in connection with the defence of any criminal proceedings resulting

from any deliberate or intentional criminal act or omission by you or any of your directorspartners or employees

vi) costs and expenses provided by any other source or any other insurance or where but for theexistence of this extension would have been provided by such source or insurance

vii) costs and expenses in connection with the defence of any criminal proceedings unless suchproceedings are brought against you in a Court of Law in Great Britain, Northern Ireland, the Isleof Man or the Channel Islands.

3 Cross liabilitiesWhere there is more than one person named as the insured in the schedule this section shall applyseparately to each named person as if each is insured by a separate policy, provided always that ourmaximum liability in the aggregate to all parties insured shall not exceed the limit of liability in any oneperiod of insurance.

4 Indemnity to membersWewill indemnify, at your request, any member of the insured organisation, or any legal representativeof such member in the event of their death, against legal liability in respect of which you would havebeen entitled to indemnity under this policy if the claim had been made against you

Provided thata) any person indemnified is not entitled to indemnity under any other insuranceb) any person indemnified shall observe, fulfil and be subject to the terms and conditions of the

policy so far as they can applyc) we will retain the sole conduct of any claimd) our maximum liability in the aggregate for damages to you and any such members shall not

exceed the Limit of liability.

5 Indemnity to other personsWe will indemnify at your requesta) any of your directors, partners or employeesb) any officer, committee member or other person employed by your catering, social, sports,

educational or welfare organisations or first-aid, medical, ambulance, fire or security servicesc) any director, partner or official for whom, with your consent, an employee is undertaking

private workd) any principal or public or local authority as far as is necessary to meet the requirements of any

contract or agreement entered into by you for the performance of worke) the owner of plant hired by you but only to the extent of the conditions of hiref) any legal representative of any of the above in the event of their death

against legal liability in respect of which you would have been entitled to indemnity under this policyif the claim had been made against youProvided thati) any person indemnified is not entitled to indemnity under any other insuranceii) any person indemnified shall observe, fulfil and be subject to the terms and conditions of this

policy as far as they can applyiii) we will retain the sole conduct and control of any claimiv) ourmaximum liability in the aggregate for damages to you and any such persons shall not exceed

the Limit of liability.

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6 Leased, hired and rented premisesIn the event of the premises being leased, hired or rented to you or in your custody or under yourcontrol, Special exclusion 3 relating to such property shall be deemed not to apply provided that weshall not be liable in respect of liability assumed by you under a contract or under a tenancy agreementif such liability would not have attached in the absence of such contract or agreement.

7 Legal costs and solicitors’ feesWe will pay in addition to the indemnity provideda) all legal costs recoverable from you by any claimantb) any other costs and expenses of litigation incurred with our written consentc) solicitors’ and counsels’ fees for legal representation at any coroner’s inquest or fatal accident enquiry

Professional Indemnity Extension (optional)Notwithstanding Special exclusion 5e), the indemnity by this section is extended to indemnify you againstall sums which you shall become legally liable to pay as damages and claimant’s costs and expenses as aresult of any claim or claims first made against you and notified to us during the period of insurance arisingout of

A) any breach of professional duty as a direct result of any unintentional negligent act, error or omissionon the part ofa) you, orb) any of your employees, trustees, officers or directors, orc) any other person, persons, partnership, firm or company acting for you or on your behalf

in or about the conduct of the business

B) libel or slander committed unintentionally by reason of words written or spoken bya) you, orb) any of your employees, trustees, officers or directorsin or about the conduct of the business

Subject otherwise to all terms, exclusions and conditions of the section and the policy, and thefollowing Extension Special exclusions and Special conditions:

Extension Special exclusions(See also section Special exclusions on pages 11 and 12 and General Exclusions on pages 50 to 52)We will not be liable under this Extension in respect of

(i) claims made upon you prior to inception of this Extension(ii) claims caused by or contributed to by any dishonest, fraudulent, criminal or malicious act or

omission by you(iii) any loss arising out of any claim against you resulting from any circumstances or occurrence

which is known to you at inception of this Extension and likely to give rise to a claim against you(iv) liability arising out of or relating directly or indirectly to

(a) your insolvency(b) your bankruptcy(c) a take-over of your business(d) a merger involving your business

(v) liability arising out of, caused by or relating to products(vi) alleged infringement of Copyright, Patents, Registered Designs, Trade Marks or Passing-off(vii) libel or slander arising out of publication made in any journal, magazine or newspaper (other

than in-house publications including websites) or communication or contribution to press, radioand/or television.

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Extension Special conditions(See also section Special conditions on pages 13 and 14 and General Conditions on pages 47 to 49)

(i) Claims notificationIt is a condition precedent to liability that you shall give to us immediate notice in writing duringthe period of insurance of:(a) any claim made against you; or(b) the receipt of notice from any person or entity of their intention to make a claim against you

for the results of any negligent act, error or omission; or(c) any circumstances of which you shall become aware which might reasonably be expected

to give rise to a claim being made against you, giving reasons for the anticipation of suchclaim, with full particulars as to dates and persons involved.

Such notice having been given as required by (b) or (c) above, any subsequent claim made shallbe deemed to have been made during the period of insurance.

(ii) Disclosure of policy detailsIn the event of a claim or circumstances that may lead to a claim, you must not disclose detailsof the policy to any person without our written consent.

Limits of liabilityOur liability in respect of damages

a) for all damages, claimant’s costs and expenses, and costs and expenses of litigation incurredwith our written consent in respect of all claims arising under the Professional IndemnityExtension first made against you and notified to us during the period of insurance shall notexceed the Professional Indemnity Limit of liability stated in the schedule

b) for all occurrences giving rise to a claim or a number of claims arising from products suppliedshall not exceed the amount stated in the schedule in any one period of insurance

c) for any other occurrence giving rise to a claim or number of claims which arise from one causeshall not exceed the amount stated in the schedule.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section in respect of1 bodily injury to any employee arising out of and in the course of his employment by you in the business

(see Section 2)2 a) loss or destruction of or damage to property

b) bodily injury sustained by any personarising from the ownership, possession or use by you or on your behalf ofi) any aircraft, aerial device, hovercraft, watercraft, caravan or animalii) any lift, elevator, hoist, crane, steam boiler or other apparatus operating under steam pressure,

for which a statutory inspection certificate is required but which is not in forceiii) any motor vehicle

3 loss or destruction of or damage toa) property owned by or leased, hired or rented to youb) property belonging to or held in trust by or in the custody of or under the control of any club

official or any child attending the club4 liability which attaches solely under the terms of any contract or agreement if such liability would not

have attached in the absence of such contract or agreement5 liability arising from or caused by

a) the use of any adventure playground equipmentb) i) the making up, sale or supply of medicines, drugs, syringes, dressings or medical supplies

or equipment of any kind whatsoeverii) the making up, sale or supply of cosmetics, toiletries, animal feeds, seeds, fertilisers or

pesticides unless of a proprietary manufacture

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iii) any productsmanufactured, constructed or prepared in accordance with their plan, design,formula or specification failing to perform the function for which they are intended by you

c) the provision or administering of any treatment other thani) first aid treatmentii) the administration of drugs and medicines strictly in accordance with Special condition 2iii) the administration or provision of oxygen, gastro feeding, naso-gastric tube feeding,

cleaning and changing of feeding or tracheotomy/tracheostomy tubes and emptying/changing of stoma bags strictly in accordance with Special condition 3

d) the provision of any plan, design, formula or specificatione) the provision of advice or breach of professional duty other than as described in the Professional

Indemnity Extension of this sectionf) the use of solaria, sunbeds, saunas and hydro-massage facilitiesg) fund raising activities other than

i) events of a non-sporting activity nature involving only club officials, children who attendthe club and members of their family

ii) any other event notified to and accepted in writing by Morton Michelh) the use or ownership of velcro wall, “bar fly” or similar equipmenti) any diagnosis, therapy, or medical advice given or performedj) inflatable play equipment, other than bouncy castles used by the club for the children attending

the club (or other children in their family)k) cycling on public roadsl) the ownership of the buildings unless Section 12 of the policy is insured

6 loss or destruction of or damage to products nor the cost of making good or recalling such products7 loss or destruction of or damage to that part of any property upon which you are or have been working8 fines, penalties or liquidated, punitive, exemplary or multiple damages9 liability arising from and or caused by any processes or work in connection with offshore installations

for the purposes of this special exclusion onlya) offshore installation means any platform or rig or any aircraft or vessel servicing a platform or rigb) it is understood that any person is deemed to be ‘offshore‘ as from the time when they embark

onto a conveyance at the point of final departure to an offshore installation and that any personshall continue to be deemed to be ‘offshore’ until such time as they disembark from aconveyance onto land upon their return from an offshore installation.

10 liability arising, directly or indirectly, out of exposure to inhalation of, or fears of the consequences ofexposure to, or inhalation of, asbestos

11 the cost of cleaning up, or removal of, or damage to property arising out of any asbestos12 liability at law for loss, damage, cost or expense of whatsoever nature directly or indirectly arising out

of, contributed by, caused by, resulting from, or in connection with any of the following, or any actiontaken in controlling, preventing, suppressing, retaliating against or responding to any of the following,regardless of any other cause or event contributing concurrently or in any other sequence of the loss:a) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared

or not), civil war, mutiny, revolution, rebellion, insurrection, uprising, military or usurped power,confiscation by order of any public authority or government de jure or de facto or martial law; or

b) riots, strikes, or civil commotion; orc) any act of terrorismIf we allege that by reason of this exclusion any actual or alleged losses, liabilities, damages, injuries,defence costs, costs or expenses are not covered by this section the burden of proving the contraryshall be upon you

13 liability arising from or caused by or contributed to by activities not advised to and agreed in writing byMorton Michel

14 damages for bodily injury or loss or destruction of or damage to property unless the action is broughtagainst you in a Court of Law within the territorial limits.

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Special conditions (See also the General Conditions on pages 47 to 49)1 It is a condition precedent to our liability that whenever bouncy castles are used:

a) the manufacturers’ and/or suppliers’ instructions regarding use, safety and maximumrecommended numbers of children must be complied with at all times;

b) no adult must be allowed to play on the bouncy castle;c) the location and the moorings for the bouncy castle must be safe and suitable;d) the bouncy castle equipment must be checked by a club official before use to ensure that there

is no defect or damage;e) at least two members of staff must supervise the bouncy castle at all times;f) safety mats must be in the correct place and kept clear at all times;g) supervising staff must be able to see all children on the bouncy castle and be close enough to

support any child that may come off or be in need of help;h) the bouncy castle must be deflated when not in use;i) one member of staff must check the bouncy castle every half hour to ensure that the moorings

are stable, the blower is pumping in air correctly and the air vents are secure;j) a trained First Aider must be present on site;k) food and drink must not be permitted on the bouncy castle;l) children must not be permitted to

(i) wear jewellery, watches or shoes/boots/trainers etc, or have any sharp or pointed objectswhilst on the bouncy castle

(ii) perform any type of acrobatics or climb the walls or supporting pillars of the bouncy castle(iii) go either around the back or the sides of the bouncy castle at any time(iv) have access to the bouncy castle whilst it is being deflated;

m) children must(i) walk on and off the bouncy castle on all occasions(ii) be grouped in relation to their size and age.

2 It is a condition precedent to liability that the administration of drugs or medicines takes place onlyunder the following conditions:-a) In all cases:

(i) The parent/guardian of each child attending the club must provide details of any knownallergy to medication suffered by their child. Such details to be recorded by you or youremployees in the drugs/medicine register and consulted before any emergencyadministration of drugs or medicines.

(ii) The drug or medicine must have been prescribed by the child’s General Practitioner orconsultant or given to the club by the child’s parent/guardian or the child’s GeneralPractitioner or consultant.

(iii) The drug or medicine must be kept in a secure place with access only by authorised persons.(iv) A clear label, with the child’s name, must be attached to the drugs or medicine.(v) A drugs/medicine register must be kept showing:

(a) the child’s name(b) type of drug/medicine administered(c) date and time administered(d) dosage(e) name and signature of person administering the drug/medicine(f) name and signature of witness(g) time of notification to child’s parent/guardian when an administration of drug or medicine has

been given in an emergency(h) note of any known allergy to medication suffered by children attending the club.

(vi) You must familiarise yourself and comply with all relevant requirements of their statutoryregistering authority concerning the administration of drugs and medicines.

(vii) You must have a letter of authorisation from the child’s parent/guardian containing clearinstructions for the administration of non-prescribed drugs or medicines, prescribed oralmedication or asthma inhalers.

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b) In cases where occasional, regular or emergency medication is required such as epipens,hypodermic injections or tube- administered medication (but not including non-prescribeddrugs or medicines, prescribed oral medication or asthma inhalers, which are dealt with under 2a) above), you must comply with (i) to (vi) above AND IN ADDITION(viii) You must have a letter from the child’s parent/guardian providing specific consent for you

to administer the medication.(ix) You must have a letter from the child’s General Practitioner or consultant stating:

(a) what condition the drug or medicine is for with its name(b) how and when the drug or medicine is to be given(c) what training of personnel is required, if any(d) any other relevant information

(x) Training in the administration of the drug or medicine must be as stipulated by the child’sgeneral practitioner or consultant and, if required, youmust provide proof of such training.

3 It is a condition precedent to liability that the administration or provision of oxygen, gastro feeding,naso-gastric tube feeding, cleaning and changing of feeding or tracheostomy/tracheotomy tubes andemptying/changing of stoma bags takes place only under the following conditions:a) You must have a letter from the child’s General Practitioner or consultant stating:

(i) the child’s condition and the health support procedures required(ii) what training of personnel is required(iii) what medical experience is required(iv) any other relevant information.

b) You must have a letter from the child’s parent/guardian providing specific consent for your staffto administer/provide the health support procedures required.

c) You must ensure that any person administering/providing the required health supportprocedures has the medical experience and training specified by the child’s General Practitioneror consultant and, if required, provide proof of such training.

d) You must familiarise yourself and comply with all relevant requirements of their statutoryregistering authority concerning the administration/provision of the health support procedures.

4 Wemay at any time pay to you the amount of the Limit of liability less any amount already paid, or anylesser amount for which any claim or claims can be settled and shall then cease to have the conductand control of the negotiations, actions or proceedings and be under no further liability in respect ofsuch claim or claims except for costs and expenses incurred prior to the date of such payment.

5 It is a condition precedent to our liability that, when selecting and appointing staff, you shall:a) carry out all investigations recommended by Ofsted or any other competent authority on all

current and prospective employees and regular voluntary helpers;b) obtain all relevant Criminal Records Bureau Disclosures on all current and prospective

employees and regular voluntary helpers;c) act reasonably in response to the information obtained.

6 All visiting instructors or demonstrators must have their own Public Liability insurance covering theiractivities, effective and with a limit of indemnity of at least £1,000,000.

7 Any horse riding activity must be at authorised riding centres only, with their own Public Liabilityinsurance, effective and with a limit of indemnity of at least £1,000,000.

8 A qualified Life Saver or a qualified swimming teacher/coach must be in attendance at all timeswhenever swimming activities are undertaken.

9 It is a condition precedent to our liability that whenever trampolines, climbing frames or gardenswimming pools are used:a) the manufacturers’/suppliers’ instructions regarding use, safety and recommended numbers of

children must be complied with at all times;b) the use of such equipment has been notified to Ofsted or other registering authority and no

concerns or objections have been raised, and any requirements complied with.

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Section 2 - Employers’ Liability

CoverWe will indemnify you against all amounts which you shall become legally liable to pay as damages inrespect of accidental bodily injury to any employee if such injury arises out of and in the course of hisemployment by you in the business and occurring during the period of insurance within the territorial limits.

Additional coverThe cover under this section is extended to include the following

1 Corporate ManslaughterWe will indemnify you againsta) legal costs and expenses incurred with our prior written consent andb) prosecution costs awarded against youin the defence of any criminal proceedings including an appeal against conviction arising from suchproceedings brought under The Corporate Manslaughter and Corporate Homicide Act 2007 as a resultof any death happening in connection with the business during the period of insurance and which maybe the subject of indemnity under this section.

Provided thati) our liability under this extension shall not exceed the limit of indemnity stated in the section

and/or schedule during any one period of insuranceii) all amounts payable under this extension will form part of and not be in addition to the limit of

indemnity stated in the scheduleiii) where we have already provided an indemnity in respect of any legal costs or expenses incurred

in connection with the defence of any criminal proceedings, including appeals against convictionarising from such proceedings brought under The Corporate Manslaughter and CorporateHomicide Act 2007 arising out of the same occurrence which gave rise to such proceedings, anyamount paid or payable by us will be deducted from the amount payable under this extension

iv) we agree in writing to the appointment of any solicitor or counsel who is to act on your behalfprior to their appointment.

We will not be liable fori) any fines or penalties or the cost of implementing any remedial order or publicity orderii) an appeal against any fines penalties remedial order or publicity orderiii) any costs incurred which result from the failure to comply with any remedial order or publicity orderiv) costs and expenses in connection with an appeal unless advice has been obtained from solicitors

or counsel approved by us that there are strong prospects of successv) costs and expenses in connection with the defence of any criminal proceedings resulting from

any deliberate or intentional criminal act or omission by you or any of your directors, partners oremployees

vi) costs and expenses provided by any other source or any other insurance or where but for theexistence of this extension would have been provided by such source or insurance

vii) costs and expenses in connection with the defence of any criminal proceedings unless suchproceedings are brought against you in a Court of Law in Great Britain, Northern Ireland, the Isleof Man or the Channel Islands.

2 Health and Safety at Work etc. Act 1974We will indemnify you and, at your request, any of your directors, partners or employees against legalcosts and expenses incurred, with our written consent, in the defence of any criminal proceedingsbrought in respect of a breach of the Health and Safety at Work etc. Act 1974 committed or alleged tohave been committed during the period of insurance, including legal costs and expenses incurred withour written consent in an appeal against conviction arising from such proceedings.

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We will not be liable fora) fines and penalties of any kindb) legal costs and expenses where an indemnity is provided by any other insurancec) proceedings arising out of any deliberate act or omission by youd) more than £10,000 in any one period of insurance.

3 Legal costs and solicitors’ feesWe will pay in addition to the indemnity provideda) all legal costs recoverable from you by any claimantb) any other costs and expenses of litigation incurred with our written consentc) solicitors’ and counsels’ fees for legal representation at any coroner ’s inquest or fatal accident

enquiry.

Limits of liabilityOur liability in respect of

a) accidental bodily injury to employeesb) all legal costs recoverable from you by any claimantc) any other costs and expenses of litigation incurred with our written consentd) solicitors’ and counsels’ fees for legal representation at any coroner ’s inquest or fatal accident inquirye) the costs incurred, with our written consent, for defending in a Court Summary Jurisdiction, any

proceedings arising out of any alleged breach of statutory duty in respect of any cause which maybe the subject of indemnity under this section of the policy which arises out of and in the courseof employment in the business shall not exceedi) £5,000,000 as regards bodily injury which is directly or indirectly caused by, contributed

to by, results from or arises out of or in connection with any act of terrorism or any actiontaken in controlling, preventing, suppressing, retaliating against, responding to or in anyway relating to any act of terrorism

ii) £10,000,000 as regards any other bodily injuryin respect of any one claim against you or series of claims against you arising out of one cause.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section in respect of1 liability arising from and or caused by any processes or work in connection with offshore installations;

for the purposes of this special exclusion onlya) offshore installation means any platform or rig or any aircraft or vessel servicing a platform or rigb) it is understood that any person is deemed to be “offshore” as from the time when they embark

onto a conveyance at the point of final departure to an offshore installation and that any personshall continue to be deemed to be “offshore” until such time as they disembark from aconveyance onto land upon their return from an offshore installation

2 damages for bodily injury unless the action is brought against you in a Court of Law within theterritorial limits.

Special conditions (See also the General Conditions on pages 47 to 49)1 The indemnity granted includes protection to you as required by any law relating to compulsory

insurance of the employer’s legal liability to his employees whilst employed in Great Britain, NorthernIreland, the Isle of Man or the Channel Islands but you shall repay to us all sums paid by us which wewould not have been liable to pay but for the provisions of such law.

2 If the policy or this section is cancelled then any Certificate of Employers’ Liability Insurance issued byus is deemed to be cancelled at the same time.

3 Wemay at any time pay to you the amount of the Limit of liability less any amount already paid, or anylesser amount for which any claim or claims can be settled, and shall then cease to have the conductand control of the negotiations, actions or proceedings and be under no further liability in respect ofsuch claim or claims except for costs and expenses incurred prior to the date of such payment.

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Section 3 - Legal ExpensesThis is your Commercial Legal Expenses Section

This section is underwritten by DAS Legal Expenses Insurance Company Limited.

This section will cover the insured person in respect of any insured incident arising in connection withthe business.

We agree to provide the insurance in this section as long as:

(a) the date of occurrence of the insured incident happens during the period of insurance and within theterritorial limits; and

(b) any legal proceedings will be dealt with by a court, or other body which we agree to, in the territoriallimits; and

(c) in civil claims it is always more likely than not that an insured person will recover damages (or obtainany other legal remedy which we have agreed to) or make a successful defence.

For all insured incidents,wewill help in appealing or defending an appeal as long as the insured person tellsus within the time limits allowed that they want us to appeal. Before we pay any costs and expenses forappeals, we must agree that it is always more likely than not that the appeal will be successful.

If a representative is used, we will pay the costs and expenses incurred for this.

We will pay Compensation Awards that we have agreed to.

Limit of LiabilityThe mostwewill pay for all claims resulting from one or more event arising at the same time or from the sameoriginating cause is shown as the limit of indemnity in the schedule.

Cover1 Employment Disputes and Compensation Awards

(a) Employment DisputesWe will defend your legal rights:(1) prior to the issue of legal proceedings in a court or tribunal following the dismissal of an

employee; or(2) in the resolution of unfair dismissal disputes under the ACAS Arbitration Scheme; or(3) in legal proceedings in respect of any dispute with

(a) an employee or ex-employee or a trade union acting on behalf of an employee or ex-employee which arises out of, or relates to, a contract of employment with you; or

(b) an employee, prospective employee or ex-employee arising from an alleged breachof their statutory rights under employment legislation.

Special exclusions(1) Any claim in respect of damages for personal injury or loss of or damage to property.(2) Any claim arising from or relating to any transfer of business which falls within the scope of the

Transfer of Undertakings (Protection of Employment) Regulations 2006 or the Transfer ofEmployment (Pension Protection) Regulations 2005.

(b) Compensation AwardsWe will pay:(1) any basic and compensatory award; and/or(2) an order for compensation following a breach of your statutory duties under employment

legislationin respect of a claim we have accepted under insured incident 1(a).

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Provided that(1) In cases relating to performance and/or conduct, you have throughout the employment dispute

either:(a) followed the ACAS Code of Disciplinary and Grievance Procedures as prepared by the

Advisory Conciliation and Arbitration Service; or(b) followed equivalent codes of practice issued by the Labour Relations Agency in Northern

Ireland; or(c) sought and followed advice from our legal advice service.

(2) For an order of compensation following your breach of statutory duty under employmentlegislation you have at all times sought and followed advice from our legal advice service sincethe date when you should have known about the employment dispute.

(3) For any compensation award for redundancy or alleged redundancy or unfair selection forredundancy, you have sought and followed advice from our Claims Department prior to servingnotice of redundancy.

(4) The compensation is awarded by a tribunal or through the ACAS Arbitration Scheme, under ajudgment made after full argument and otherwise than by consent or default, or is payable undersettlement approved in writing in advance by us.

(5) The total of the compensation awards payable by us shall not exceed £1,000,000 in any oneperiod of insurance.

Special exclusions(1) Any compensation award relating to the following:

- trade union activities, trade union membership or non-membership;- pregnancy or maternity rights;- health and safety related dismissals brought under section 44 of the Employment Rights

Act 1996;- statutory rights in relation to trustees of occupational pension schemes;- statutory rights in relation to Sunday shop and betting work.

(2) Non-payment of money due under the relevant contract of employment or statutory provisionrelating thereto.

(3) Any award ordered because you have failed to provide relevant records to employees under theNational Minimum Wage laws.

(4) Any compensation award or increase in compensation award ordered by the tribunal for failureto comply with a recommendation it has made, including non-compliance with a reinstatementor re-engagement order.

(c) Service OccupancyWewill negotiate for your legal rights against an employee or ex-employee to recover possessionof premises owned by you, or for which you are responsible.

Special exclusionAny claim relating to defending your legal rights other than defending a counter-claim.

2 Legal DefenceAt your request(1) We will defend the insured person’s legal rights:

(a) prior to the issue of legal proceedings when dealing with the- Police- Health and Safety Executive and/or Local Authority Health and Safety Enforcement Officerwhere it is alleged that the insured person has or may have committed a criminal offence; or

(b) following an event which leads to the insured person being prosecuted in a court ofcriminal jurisdiction; or

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(c) if civil action is taken against the insured person for compensation under section 13 of theData Protection Act 1998.

We will also pay any compensation award made against the insured person under section 13 ofthe Data Protection Act 1998 .

(2) We will defend your legal rights following civil action taken against you for wrongful arrest inrespect of an accusation of theft alleged to have been carried out during the period of insurance.

(3) We will defend the insured person’s legal rights (other than your legal rights) if:(a) an event arising from their work as an employee leads to civil action being taken against

them under legislation for unlawful discrimination on the grounds of sex, sexualorientation, race, disability, age, religious belief or political opinion; or

(b) civil action is taken against them as a trustee of a pension fund set up for the benefit ofyour employees.

(4) We will represent the insured person in appealing against the imposition or terms of anyStatutory Notice issued under legislation affecting your business.

(5) We will represent you in appealing against the refusal of the Information Commissioner toregister your application for registration.

(6) We will pay the attendance expenses of an insured person for jury service.

Provided that(1) In so far as proceedings under the Health and Safety at Work etc Act 1974 are concerned, the

territorial limits shall be any place where the Act applies.(2) At the time of the insured incident, you have registered with the Information Commissioner in

respect of insured incident 2(1)(c).

Special exclusionAny claim which leads to the insured person being prosecuted for infringement of road traffic laws orregulations in connection with the ownership, driving or use of a motor vehicle.

3 Contract DisputesWe will negotiate for your legal rights in a contractual dispute arising from that agreement or thatalleged agreement which has been entered into by you or on your behalf for the purchase, hire, sale orprovision of goods or of services.

Provided that(1) The amount in dispute exceeds £250. If the amount in dispute exceeds £5000, you will be

responsible for the first £500 of legal costs in each and every claim.(2) If the amount in dispute is payable in instalments, the instalments due and payable at the time

of making the claim exceed £250.(3) If the dispute relates tomoney owed to you, a claim under this section is made within 90 days of

the money becoming due and payable.

Special exclusions(1) Any dispute arising from an agreement entered into prior to the inception date of this section if

the date of occurrence is within the first 90 days of the inception date of this section.(2) Any claim relating to the following:

- the settlement payable under an insurance policy;- a lease, licence or tenancy of land or buildings other than a dispute with a professional

adviser in connection with the drafting of a lease, licence or tenancy agreement;- a loan, mortgage, pension or any other financial product and choses in action;- a motor vehicle owned by, or hired or leased to, you.

(3) A dispute with an employee or ex-employee which arises out of, or relates to, a contract ofemployment with you.

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(4) A dispute which arises out of the:- sale or provision of computer hardware, software, systems or services; or- the purchase or hire of computer hardware, software, systems or services tailored by a

supplier to your own specification.(5) A dispute arising from a breach or alleged breach of professional duty by an insured person.(6) The recovery of money and interest due from another party other than disputes where the other

party intimates that a defence exists.

4 Debt RecoveryWe will negotiate for your legal rights including enforcement of judgment to recover money andinterest due from the sale or provision of goods or services

Provided that(1) The debt exceeds £250.(2) A claim for debt recovery under this section is made within 90 days of the money becoming due

and payable.(3) We have the right to select the method of enforcement, or to forego enforcing judgment, ifwe are

not satisfied that there are, or will be, sufficient assets available to satisfy judgment.

Special exclusions(1) Any debt arising from an agreement entered into prior to the inception date of this section if the

debt is due within the first 90 days of the inception date of this section(2) Any claim relating to the following:

- the settlement payable under an insurance policy;- a lease, licence or tenancy of land or buildings;- a loan, mortgage, pension or any other financial product and choses in action;- a motor vehicle owned by, or hired or leased to, you.

(3) A dispute which arises out of the supply, hire, sale or provision of computer hardware, software,systems or services.

(4) The recovery of money and interest due from another party where the other party intimates thata defence exists.

5 Property Protection And Bodily Injury(a) Property Protection

We will negotiate for your legal rights in any civil action relating to material property which isowned by you, or for which you are responsible, following:(1) any event which causes physical damage to such material property; or(2) any nuisance or trespass.

Special exclusionsAny claim relating to the following:(1) a contract entered into by you;(2) goods in transit or goods lent or hired out;(3) goods at premises other than those occupied by you unless the goods are at such premises for

the purpose of installations or use in work to be carried out by you;(4) mining subsidence;(5) defending your legal rights other than in defending a counter-claim;(6) a motor vehicle owned or used by, or hired or leased to an insured person.

(b) Bodily InjuryAt your request, we will negotiate for an insured person’s and their family members’ legal rightsfollowing an event which causes the death of, or physical injury to them.

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Special exclusionsAny claim relating to the following:(1) any illness, disease, shock or an injury which develops gradually or is not caused by a specific or

sudden accident; or(2) defending an insured person’s or their family members’ legal rights other than in defending a

counter-claim; or(3) a motor vehicle owned or used by, or hired or leased to an insured person or their family members.

6 Tax Protection(a) Full or Aspect Enquiries

We will negotiate on your behalf in respect of a full enquiry and/or aspect enquiry and representyou in any subsequent appeal proceedings.

(b) Tax Intervention EnquiriesWe will negotiate on your behalf and represent you in any dealings with HM Revenue andCustoms in respect of a tax intervention enquiry.

(c) Employers’ ComplianceWe will negotiate on your behalf and represent you in any appeal proceedings in respect of adispute concerning your compliance with Pay As You Earn or Social Security Regulationsfollowing a review by HM Revenue and Customs.

(d) VAT DisputesWe will negotiate on your behalf and repre0sent you in any appeal proceedings following anassessment issued by HM Revenue and Customs in respect of Value Added Tax due.

Provided that(1) For all insured incidents, you have taken reasonable care to ensure that all returns are complete

and correct and that such returns are submitted within the statutory time limits allowed.(2) We will not pay more than £2000 for claims in respect of aspect enquiries or tax intervention

enquiries.

Special exclusions(1) In respect of aspect enquiries and tax intervention enquiries the first £200 of costs and expenses

in each and every claim.(2) Any insured incident arising from a tax avoidance scheme.(3) Any insured incident caused by your failure to register for Value Added Tax.(4) Any insured incident arising from any investigation or enquiries undertaken by HM Revenue and

Customs Special Investigations Section or Special Civil Investigations or the Revenue andCustoms Prosecution Office.

(5) Any insured incident arising from any investigation or enquiry by HM Revenue and Customs intoalleged dishonesty or alleged criminal offences.

7 Statutory Licence ProtectionWe will represent you in appealing to the relevant statutory or regulatory authority, court, or tribunalfollowing a decision by a licensing or regulatory authority to suspend, or alter the terms of, or refuseto renew, or cancel your licence, mandatory registration or British Standard Certificate of Registration.

Special exclusions(1) An original application or application for renewal of a statutory licence, mandatory registration

or British Standard Certificate of Registration.(2) Any licence appeal relating to the ownership, driving or use of a motor vehicle.

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Special Exceptions Applying To This Section1 Any claim reported to us more than 180 days after the date the insured person should have known

about the insured incident.2 Costs and expenses incurred before the written acceptance of a claim by us.3 Fines, penalties, compensation or damages which the insured person is ordered to pay by a court or

other authority other than compensation awards as covered under insured incident 1(b) CompensationAwards and 2 Legal Defence.

4 Any claim relating to patents, copyrights, trademarks, merchandise marks, registered designs,intellectual property, secrecy and confidentiality agreements.

5 Any claim relating to rights under a franchise or agency agreement entered into by you.6 Any insured incident deliberately or intentionally caused by an insured person.7 A dispute with us not otherwise dealt with under Special Condition 7 of this section.8 Any claim relating to a shareholding or partnership share in your business unless such shareholding

was acquired under a scheme open to all your employees or a substantial number of them of a certainminimum grade other than your directors or partners.

9 Judicial review.10 Legal action an insured person takes which we or the representative have not agreed to or where the

insured person does anything that hinders us or the representative.11 When either at the commencement of or during the course of a claim, you are bankrupt or have filed a

bankruptcy petition or winding-up petition, or have made an arrangement with your creditors, or haveentered into a deed of arrangement or are in liquidation or part or all of your affairs or property are inthe care or control of a receiver or administrator.

Special Conditions Applying To This Section1 An insured person must:

(a) keep to the terms and conditions of this section;(b) notify us immediately of any alteration which may materially affect our assessment of the risk;(c) take reasonable steps to keep any amount we have to pay as low as possible;(d) try to prevent anything happening that may cause a claim;(e) send everything we ask for, in writing;(f) give us full details of any claim as soon as possible and give us any information we need.

2 (a) We can take over and conduct in the name of the insured person, any claim or legal proceedingsat any time. We can negotiate any claim on behalf of an insured person.

(b) We will choose the representative to represent an insured person in any proceedings where weare liable to pay a compensation award. In any other case an insured person is free to choose arepresentative (by sending us a suitably qualified person’s name and address) if:(i) we agree to start legal proceedings and it becomes necessary for a lawyer to represent the

interests of an insured person in those proceedings; or(ii) there is a conflict of interest.

(c) Before an insured person chooses a lawyer or an accountant, we can appoint a representative.(d) Any representative will be appointed by us and represent an insured person according to our

standard terms of appointment (which may include a ‘no win, no fee’ agreement). Therepresentative must co-operate fully with us at all times.

(e) We will have direct contact with the representative.(f) An insured person must co-operate fully with us and with the representative and must keep us

up-to-date with the progress of the claim.(g) An insured person must give the representative any instructions that we require.

3 (a) An insured person must tell us if anyone offers to settle a claim and must not agree to anysettlement without our written consent.

(b) If an insured person does not accept a reasonable offer to settle a claim, we may refuse to payfurther costs and expenses.

(c) We may decide to pay the insured person a reasonable amount subject to the maximum sumrecoverable at law in settlement of damages that the insured person is claiming, or which isbeing claimed against them instead of starting or continuing legal proceedings.

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4 (a) If we ask, an insured person must tell the representative to have costs and expenses taxed,assessed or audited.

(b) An insured person must take every step to recover costs and expenses that we have to pay andmust pay us any costs and expenses that are recovered.

5 If a representative refuses to continue acting for an insured person with good reason or if an insuredperson dismisses a representative without good reason, the cover we provide will end at once, unlesswe agree to appoint another representative.

6 If an insured person settles a claim or withdraws their claim without our agreement, or does not givesuitable instructions to a representative, the cover we provide will end at once and we will be entitledto re-claim any costs and expenses paid by us.

7 If there is a disagreement about the way we handle a claim that is not resolved through our internalcomplaints procedure, we and the insured person can choose a suitably qualified person to arbitrate.We and the insured person must both agree to the choice of this person in writing. Failing this we willask the president of a national association relevant to the arbitration to choose a suitably qualifiedperson. All costs of resolving the matter must be paid by the party whose argument is rejected. If thedecision is not clearly made against either party, the arbitrator will decide how the costs are shared.

8 Wemay at our discretion require you to obtain an opinion from counsel at your expense as to the meritsof a claim or proceedings. If counsel’s opinion indicates that there are reasonable grounds for thepursuit or defence of a claim or proceedings, the cost of obtaining the opinion will be paid by us.

9 We will not pay any claim covered under any other policy, or any claim that would have been coveredby any other policy if this section did not exist.

10 This section will be governed by English law.11 All Acts of parliament within this section shall include equivalent legislation in Scotland, Northern

Ireland, the Isle of Man or the Channel Islands as the case may be.

HOWWE CAN HELPTo make a claim under this section of your policy, please telephone us on 0117 934 0569. We will ask youabout your legal dispute and if necessary call you back at an agreed time to give you legal advice. If yourdispute needs to be dealt with as a claim under this section of the policy, we will provide you with a claimreference number. At this point we will not be able to confirm that you are covered but we will pass theinformation you have given us to our claims handling teams and explain what to do next.

If you prefer to report your claim in writing, please send it to the Claims Department,DAS Legal Expenses Insurance Company Limited, DAS House, Quay Side, Temple Back, Bristol BS1 6NH.

Alternatively you can email your claim to us at [email protected]

Claims are usually handled by a representative appointed by us, but sometimes we deal with themourselves.

When we cannot helpPlease do not ask for help from a solicitor or accountant before we have agreed. If you do, we will not pay thecosts involved.

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Section 4 – Club EquipmentThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will indemnify you in respect of loss, destruction or damage to Club Equipment in the premises causedby the following perils

1 fire (whether resulting from explosion or otherwise) not occasioned by or happening througha) its own spontaneous fermentation or heatingb) earthquake or subterranean fire

2 lightning3 explosion but excluding loss, destruction or damage (other than loss, destruction or damage by fire

resulting from explosion)a) caused by or consisting of the bursting of a boiler (not being a boiler used for domestic purposes

only) economiser or other vessel, machine or apparatus in which internal pressure is due tosteam only and belonging to you or under your control

b) in respect of and originating in any vessel machinery or apparatus or its contents, belonging toyou or under your control which requires to be examined to comply with any statutory regulationsunless such vessel, machinery or apparatus shall be the subject of a policy or other contractproviding the required inspection service

4 aircraft and other aerospatial devices or articles dropped therefrom5 theft or any attempt thereat involving

a) forcible and violent entry to or exit from the premisesb) assault or violence or threat thereof to you or any of your employees but excluding loss, destruction

or damage to property in the open6 riot, civil commotion, strikers, locked-out workers or persons taking part in labour disturbances or

malicious persons acting on behalf of or in connection with any political organisation but excludingloss, destruction or damage caused in Northern Ireland or resulting from cessation of work

7 malicious persons not acting on behalf of or in connection with any political organisation but excludingloss, destruction or damagea) by theft or any attempt thereatb) to property in the open

8 earthquake or subterranean fire9 impact by any mechanically propelled vehicle (whether the vehicle be licensed for normal road use or

not) or by goods falling therefrom but excluding loss or destruction of or damage to property in transit10 storm but excluding loss, destruction or damage

a) caused byi) the escape of water from the normal confines of any natural or artificial watercourse, lake,

reservoir, canal or damii) inundation from the sea, whether resulting from storm or otherwiseiii) frost, subsidence, ground heave or landslip

b) attributable solely to change in the water table levelc) to property in the open

11 flood but excluding loss, destruction or damagea) caused by frost, subsidence, ground heave or landslipb) attributable solely to change in the water table levelc) to property in the open

12 sudden escape of water from any fixed water installation, tank, apparatus or pipes13 sudden escape of oil from any fixed installation14 falling trees or branches but excluding loss, destruction or damage

a) caused by felling or lopping carried out by you or on your behalfb) to loose or moveable property in the open.

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Additional coverThe cover under this section is extended to include the following

1 Debris removalThe costs and expenses necessarily and reasonably incurred in the removal of debris following loss,destruction or damage to Club Equipment caused by any peril hereby insured against, subject to theadequacy of the sum insured.Provided that we will not be liable for any such costs or expensesa) incurred in removing debris except from the site of such insured property so lost, destroyed or

damaged and from the area immediately adjacent to such siteb) arising from pollution or contamination or property not insured by this section.

2 External CCTV equipment and security lightingThis section extends to include loss, destruction or damage to external CCTV equipment and securitylighting at the premises, for which you are legally responsible, provided that such property is locatedand fixed in an inaccessible position.

Our liability will not exceed £1,000 in any one period of insurance.

3 Extinguishment expensesThe cost of refilling fire extinguishing equipment used solely as a consequence of loss, destruction ordamage caused by any peril hereby insured against, provided you are responsible for the cost.

4 Fixed outside equipmentDamage to fixtures (including fixed play equipment) in the garden(s) of the premises by any perilhereby insured against other than by perils 10 or 11.Theft cover subject to there being forcible and violent entry to or exit from the perimeter fencing or gates.

Our liability will not exceed £2,500 in any one period of insurance.

5 Loss of metered waterThis section extends to include the cost of loss of metered water for which you are legally responsiblearising from loss, destruction or damage at the premises caused by any peril hereby insured against.

Our liability will not exceed £2,500 in any one period of insurance.

6 Sanitary ware and underground service pipes or cablesThis section extends to include the cost of reinstatement or repair for which you are legally liablefollowing accidental damage toa) fixed sanitary ware and fittingsb) underground service pipes or cables extending from the public mains to the premises or the

buildings.

Our liability will not exceed £1,000 in any one period of insurance.

7 ShedsThe insurance by this section is extended to include:a) the structure of any timber or metal sheds at the premises that are used for storage up to

i) £1,500 in the aggregate for timber sheds } or such otherii) £2,500 in the aggregate for metal sheds } amounts as statediii) maximum £2,500 in the aggregate overall } in the schedule

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b) the contents of any timber or metal sheds at the premises up toi) £1,500 in the aggregate in timber sheds } or such otherii) £2,500 in the aggregate in metal sheds } amounts as statediii) maximum £2,500 in the aggregate overall } in the schedule

subject to the adequacy of the sum insured

8 Temporary removalClub Equipment (other than stock) is covered for the perils insured while temporarily removed forcleaning renovation repair or other similar purposes elsewhere on the same premises or to any otherpremises and in transit thereto and therefrom in Great Britain, Northern Ireland, the Isle of Man or theChannel Islands but the amount recoverable hereunder shall not exceed 10% of the sum insured afterdeducting the value of any stock insured.

9 Tenant’s improvementsProvided that a sum insured is shown for tenant’s improvements in the schedule, the insurance by thissection is extended to apply to tenant’s improvements.

Our liability will not exceed the sum insured stated against tenant’s improvements in the schedule.

10 Theft damage to the premisesDamage to the premises resulting from theft or any attempt thereat involving forcible and violent entrythereto or exit therefrom. Provided that you are responsible for the repair of such damage.

11 Theft of keysThe cost of replacing locks or keys to the premises or any safe or strongroom therein resulting from lossof keys following their thefta) involving forcible and violent entry to the premises or your home or the home of any authorised

employeeb) by hold up involving assault or violence or threat thereof whilst such keys are in the personal

custody of you or any authorised employee.Provided that we will not be liable for the cost of replacing locks or keys of any safe or strongroomfollowing theft of the keys if they are left on the premises outside business hours.

Our liability will not exceed £1,000 in any one period of insurance.

Limit of liabilityOur liability in respect of any one occurrence will not exceed the sum insured by this section.

Sum insuredAs shown in the schedule, subject to General Condition 17 - Underinsurance.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the adequacy of the sumsinsured and to the limits of liability we will pay in respect ofa) stock - the cost price of replacing the goods at the time of the loss, destruction or damageb) deeds, documents and business books - their value as stationery only together with the cost of clerical

labour expended in writing up and not for the value to you of the information contained thereinc) computer systems records - the value of the materials only together with the cost of clerical labour and

computer time expended in reproducing such records (excluding any expense in connection with theproduction of information to be recorded therein) and not for the value to you of the informationcontained therein, for an amount not exceeding 5% of the sum insured on Club Equipment

d) patterns, models, moulds, plans and designs - the value of the materials only together with the cost oflabour expended in reinstatement of such property

e) all other property - the cost of repairing or reinstating the property equal to its condition when new

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Provided thati) this is carried out without delay and in the most economical mannerii) when property is partially lost, destroyed or damaged our liability shall not exceed the estimated

reinstatement cost which would have been payable had it been wholly lost or destroyediii) until reinstatement has been carried out no payment shall be made beyond the amount which

would be payable if an allowance were made for wear, tear or depreciationiv) for the purpose of this sub-paragraph General Condition 17 - Underinsurance shall be deemed to

read -whenever a sum insured is declared to be subject to this underinsurance condition, if at thetime of repair or reinstatement the amount representing the cost which would have beenincurred in repair or reinstatement if the whole of the property insured by any item insuredhereby had been lost or destroyed exceeds the sum insured by such item at thecommencement of the loss, destruction or damage, then you shall be considered as beingyour own insurer for the difference and shall bear a rateable proportion of the loss

v) where for any reason no payment is to be made on the basis of repair or reinstatement as new(liability being otherwise admitted) then our liability will be arrived at as if this basis of claimssettlement had not been incorporated herein and sub-paragraph e) shall then be deemed to read

all other property - the cost of repair or replacement at the time of the loss, destruction ordamage after due allowance of wear, tear or depreciation.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 the first £100 of each claim after the application of the underinsurance condition2 loss, destruction or damage caused by other authorised users of the premises3 loss, destruction or damage occurring outside business hours unless the Club Equipment is stored in

a securely locked hall, room or cupboard at the premises4 loss, destruction or damage to Club Equipment stored in any outbuilding unless advised to and agreed

in writing by Morton Michel5 loss, destruction or damage to Club Equipment stored in any outbuilding or basement caused by

storm, flood, sudden escape of water from any fixed water installation, tank, apparatus or pipes,unless such property is raised at leasta) 100mm above the ground floor level of the outbuildingb) 300mm above the floor level of the basement

6 loss of metered water except where such loss is caused by any peril hereby insured against7 losses not directly associated with the incident that caused you to claim.

Special condition (See also the General Conditions on pages 47 to 49)1 In the event of a claim under this section, we may impose an excess during the term of any period of

insurance until any required risk improvements have been implemented.

Additional clauses(a) Non-invalidation

The insurance by this section, other than loss, destruction or damage by theft or any attempt thereat,shall not be invalidated by any act or omission or by any alteration whereby the risk of loss, destructionor damage is increased, unknown to you or beyond your control, providing that you, immediately youbecome aware thereof, shall given notice to us and pay an additional premium if required.

(b) WorkmenWorkmen are allowed in all or any of the buildings for the purpose of effecting minor alterations,repairs, decorations and maintenance without prejudice to this insurance.

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Section 5 – Deterioration of Refrigerated/Frozen FoodThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will indemnify you in respect of loss, destruction or damage to refrigerated stock at the premisescontained in any freezer or refrigerated cabinet, caused by deterioration or putrefaction due to1 a rise or fall in temperature in the refrigerated chamber of any such cabinet resulting from

a) breakdown of or accidental damage to its refrigerating plant or associated thermostatic or othercontrol devices

b) failure of the public electricity supply unless due to a deliberate act of the public electricitysupply authority or the exercise by any such authority of its power to withhold or restrict supply

2 contamination by the escape of refrigerant fumes.

Limit of liabilityOur liability in respect of any one occurrence will not exceed the sum insured by this section.

Sum insured£300 (or such other amount stated in the schedule), subject to General Condition 17 - Underinsurance.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the adequacy of the suminsured and to the limit of liability we will pay the cost price of replacing the goods at the time of the loss,destruction or damage.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 the first £25 of each claim after the application of the underinsurance condition2 refrigerated stock contained in any cabinet which is more than ten years old3 losses not directly associated with the incident that caused you to claim.

WarrantyWarranted that during the currency of this policy there shall be in force a manufacturer’s guarantee or amaintenance contract on any freezer or refrigerated cabinet which does not have hermetically sealed motorsand compressors.

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Section 6 - Club MoneyThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will indemnify you in respect of physical loss of money occurring within the territorial limits.

Limits of liabilityOur liability will not exceed the limits stated below (or such other amounts stated in the schedule) in respectof any one occurrence.

Item LimitMoney whilst1 in transit in the personal custody of any authorised club official

or whilst contained in bank night safe £2,0002 on the premises during business hours £2,0003 in your home or the home of any authorised club official £1,0004 on the premises outside business hours contained in locked safes £1,0005 on the premises outside business hours not contained in a locked safe £350

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 the first £50 of each claim2 loss from any unattended vehicle3 any loss due to the fraud or dishonesty of any club official unless such loss is discovered within seven

working days of the date of its occurrence4 clerical or accounting errors or shortages due to error or omission5 loss caused by dishonoured cheques or by the use of counterfeitmoney6 losses not directly associated with the incident that caused you to claim.

Special conditions (See also the General Conditions on pages 47 to 49)1 A true and complete account must be kept of allmoney in transit and on the premises and such record

must be deposited in a secure place other than in any safe containing the money.2 During business hours any safe must be kept locked other than whenmoney or other property is being

placed therein or removed therefrom and the keys kept in your personal custody or the personalcustody of any authorised club official.

3 Outside business hours any safe must be kept locked and its keys removed from the premises.4 Money on the premises during business hours must be kept in a locked safe or locked desk or locked

filing cabinet.5 One copy of each completed credit card voucher must at all times be kept in a secure place separate

from its counterpart.

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Special extension - Personal Assault

CoverWe will pay as compensation to you or your legal personal representative the relevant amount shown belowif in the course of the business a club official aged between 16 to 70 years sustains accidental bodily injuryconsequent upon robbery or hold up or any attempt thereat occurring within the territorial limits and suchbodily injury directly and independently of any other cause results within twelve months in death, loss ordisablement as stated in the Results.

Results Compensation1 Death £20,0002 Loss of limb £20,0003 Loss of sight £20,0004 Permanent total disablement £20,0005 Temporary total disablement £50 per week

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this Special extension for death loss or disablement caused by1 a club official being under the influence of or being affected by intoxicating liquor or drugs except

drugs taken in accordance with proper medical prescription and directions and not for the treatment ofdrug addiction

2 pregnancy or childbirth3 any communicable disease.

Special conditions (See also the General Conditions on pages 47 to 49)1) Compensation shall not be payable for more than one of Results 1-4 in respect of any one club official.2) Compensation shall not be payable for Result 5

a) until the end of the period of disablement but we may at our discretion make interim paymentsb) for more than 104 weeks from the date of sustaining injury in respect of any one bodily injury.

3) The total amount payable as compensation under Result 5 shall be deducted from any subsequentcompensation payment under Results 1 -4 that follows from the same cause.

4) A club official shall as often as required submit to a medical examination on our behalf at our own expenseand in the case of death we shall be entitled to have a post mortem examination at our own expense.

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Section 7 – Club Officials’ Personal MoneyThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will indemnify you on behalf of the club official against physical loss of club officials’ personal moneyoccurring at the premises during business hours.

Limit of liabilityOur liability in respect of any one occurrence shall not exceed £100 any one club official.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 any loss due to the fraud or dishonesty of any club official2 clerical or accounting errors or shortages due to error or omission3 loss caused by dishonoured cheques or by the use of counterfeitmoney4 losses not directly associated with the incident that caused you to claim5 any amount recoverable under any other policy of insurance

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Section 8 – Club Officials’ Personal ClothingThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will indemnify you on behalf of the Club official in respect of loss, destruction or damage to thepersonal clothing of any Club official caused by any accident or misfortune occurring on the premisesduring a club session.

Limit of liabilityOur liability in respect of any one occurrence shall not exceed £100 any one Club official.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the Limit of liability we will paythe cost of repair or replacement of the property at the time of the loss, destruction or damage after dueallowance for wear, tear or depreciation.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 the first £10 of each claim2 property more specifically insured3 wear, tear or depreciation or diminution in value4 inherent vice, latent defect, faulty workmanship, defective design, plan or specification or the use of

faulty materials5 atmospheric or climatic conditions or any other gradually operating cause, rot, fungus, rust, corrosion,

woodworm, moths, insects, vermin or pests6 any process involving heating, drying, cleaning, dyeing, staining, repairing, restoring, renovating,

fitting, alteration or maintenance of any property7 use of any article contrary to manufacturers’ instructions.

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Section 9 – Club Children’s Personal ClothingThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will indemnify you on behalf of the parent or guardian of the child in respect of loss, destruction ordamage to the personal clothing of any child attending the club caused by any accident or misfortuneoccurring on the premises during a club session.

Limit of liabilityOur liability in respect of any one occurrence shall not exceed £100 any one child.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the Limit of liability we will paythe cost of repair replacement of the property at the time of the loss, destruction or damage after dueallowance for wear, tear or depreciation.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 the first £10 of each claim2 property more specifically insured3 wear, tear or depreciation or diminution in value4 inherent vice, latent defect, faulty workmanship, defective design, plan or specification or the use of

faulty materials5 atmospheric or climatic conditions or any other gradually operating cause, rot, fungus, rust, corrosion,

woodworm, moths, insects, vermin or pests6 any process involving heating, drying, cleaning, dyeing, staining, repairing, restoring, renovating,

fitting, alteration ormaintenance of any property7 use of any article contrary to manufacturers’ instructions.

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Section 10 – Personal Accident for Children at the ClubThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will pay as compensation to you or your legal personal representative the relevant amount shown belowif any child attending the club sustains accidental bodily injury caused solely and directly by violent externaland visible means during the operative time in any period of insurance and such bodily injury directly andindependently of any other cause results within twelve months in death, loss of limb, loss of sight,permanent total disablement or temporary total disablement.

Results Compensation1 Death £5,0002 Loss of limb £20,0003 Loss of sight £20,0004 Permanent total disablement £20,000

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for death, loss of limb, loss of sight, permanent total disablement,temporary total disablement caused by:1 insanity, intentional self-injury, suicide or attempted suicide, participation in any criminal act or civil

commotion by any child attending the club, or by any such child being under the influence of or beingaffected by intoxicating liquor or drugs except drugs taken in accordance with proper medicalprescription and directions and not for the treatment of drug addiction

2 any child attending the club engaging in abseiling, activities necessitating the use of underwaterbreathing equipment, armed or unarmed combat sports, bungee jumping, climbing necessitating theuse of ropes or guides, flying of any kind (other than as a passenger in a fully licensed passengercarrying aircraft), hunting, ice hockey, motor cycling other than by power assisted pedal cycle,parachuting, polo, pot holing or similar underground activities, professional sport, riding or driving inany kind of race, speed or duration test or practice therefor or winter sports

3 pregnancy or childbirth4 any communicable disease.

Special conditions (See also the General Conditions on pages 47 to 49)1 Compensation shall not be payable for more than one of the following: death, loss of limb, loss of

sight, permanent total disablement, in respect of any one child attending the club.2 Any child attending the club shall as often as required submit to a medical examination on our behalf

at our expense and in the case of death we shall be entitled to have a post mortem examination atour expense.

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Section 11 – Personal Accident for Club OfficialsThis section is applicable only if the schedule is headed “Out of School Gold”

CoverWe will pay as compensation to you or your legal personal representative the relevant amount shown belowif a club official aged between 16 to 70 years sustains accidental bodily injury caused solely and directly byviolent external and visible means during the operative time in any period of insurance and such bodilyinjury directly and independently of any other cause results within twelve months in death, loss of limb, lossof sight, permanent total disablement or temporary total disablement.

Results Compensation1 Death £20,0002 Loss of limb £20,0003 Loss of sight £20,0004 Permanent total disablement £20,0005 Temporary total disablement £50 per week

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for death, loss of limb, loss of sight, permanent total disablement,temporary total disablement caused by:1 insanity, intentional self-injury, suicide or attempted suicide, participation in any criminal act or civil

commotion by any club official, or by any club official being under the influence of or being affected byintoxicating liquor or drugs except drugs taken in accordance with proper medical prescription anddirections and not for the treatment of drug addiction

2 any club official engaging in abseiling, activities necessitating the use of underwater breathingequipment, armed or unarmed combat sports, bungee jumping, climbing necessitating the use ofropes or guides, flying of any kind (other than as a passenger in a fully licensed passenger carryingaircraft), hunting, ice hockey, motor cycling other than by power assisted pedal cycle, parachuting,polo, pot holing or similar underground activities, professional sport, riding or driving in any kind ofrace, speed or duration test or practice therefor or winter sports

3 pregnancy or childbirth4 any communicable disease.

Special conditions (See also the General Conditions on pages 47 to 49)1 Compensation shall not be payable for more than one of the following: death, loss of limb, loss of

sight, permanent total disablement, in respect of any one club official.2 Compensation shall not be payable for temporary total disablement

a) until the end of the period of disablement but we will on request make interim payments atintervals of not less than four weeks

b) for more than 104 weeks from the date of sustaining injury in respect of any one bodily injury.3 The total amount payable as compensation for temporary total disablement shall be deducted from

any subsequent compensation payment for death, loss of limb, loss of sight, permanent totaldisablement that follows from the same cause.

4 Any club official shall as often as required submit to a medical examination on our behalf at our expenseand in the case of death we shall be entitled to have a post mortem examination at our expense.

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Section 12 – Buildings (optional)This section is applicable only if the schedule is headed “Out of School Gold” and only if a sum insured isshown for Section 12 in the schedule.

Sub-section A

CoverWewill indemnify you in respect of loss, destruction or damage to the buildings caused by the following perils1 fire (whether resulting from explosion or otherwise) not occasioned by or happening through

a) its own spontaneous fermentation or heatingb) earthquake or subterranean fire

2 lightning3 explosion but excluding loss, destruction or damage (other than loss, destruction or damage by fire

resulting from explosion)a) caused by or consisting of the bursting of a boiler (not being a boiler used for domestic purposes

only) economiser or other vessel, machine or apparatus in which internal pressure is due tosteam only and belonging to you or under your control

b) in respect of and originating in any vessel machinery or apparatus or its contents, belonging toyou or under your control which requires to be examined to comply with any statutory regulationsunless such vessel, machinery or apparatus shall be the subject of a policy or other contractproviding the required inspection service

4 aircraft and other aerospatial devices or articles dropped therefrom5 theft or any attempt thereat involving forcible and violent entry to or exit from the buildings6 riot, civil commotion, strikers, locked-out workers or persons taking part in labour disturbances or

malicious persons acting on behalf of or in connection with any political organisation but excludingloss, destruction or damage caused in Northern Ireland or resulting from cessation of work

7 malicious persons not acting on behalf of or in connection with any political organisation but excludingloss, destruction or damage by theft or any attempt thereat

8 earthquake or subterranean fire9 impact by any mechanically propelled vehicle (whether the vehicle be licensed for normal road use or

not) or by goods falling therefrom or by animals10 storm but excluding loss, destruction or damage

a) caused byi) the escape of water from the normal confines of any natural or artificial watercourse, lake,

reservoir, canal or damii) inundation from the sea, whether resulting from storm or otherwiseiii) frost, subsidence, ground heave or landslip

b) attributable solely to change in the water table levelc) to fences and gates

11 flood but excluding loss, destruction or damagea) caused by frost, subsidence, ground heave or landslipb) attributable solely to change in the water table levelc) to fences and gates

12 sudden escape of water from any fixed water installation, tank, apparatus or pipes13 sudden escape of oil from any fixed installation14 falling trees or branches but excluding loss, destruction or damage

a) caused by felling or lopping carried out by or on behalf of the insuredb) to fences and gates

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Additional coverThe cover under this section is extended to include the following1 Architects’ and surveyors’ fees and other costs

Within the overall limit of the sum insured on buildings, we will pay the cost of architects’, surveyors’,consulting engineers’ legal and other fees necessarily and reasonably incurred in the reinstatement orrepair of the buildings following loss, destruction or damage caused by any peril hereby insuredagainst but excluding fees charged for the preparation of any claim.

2 Debris removal costsThe costs and expenses necessarily incurred by you with our consent ini) removing debrisii) dismantling or demolishingiii) shoring up or propping of the portion or portions of the buildings destroyed or damaged by any

peril hereby insured against.Provided that we will not be liable under this clause for any such costs or expensesa) incurred in removing debris except from the site of such buildings so destroyed or damaged and

from the area immediately adjacent to such siteb) arising from pollution or contamination of property not insured by this section

3 Public authorities costsWithin the overall limit of the sum insured on buildings and following loss, destruction or damagecaused by any peril hereby insured against,wewill pay the additional cost of reinstatement necessarilyand reasonably incurred to comply with statutory building regulations or municipal or local bye-laws inrespect of any destroyed or damaged part of the buildings provided that notice under such buildingregulation or bye-law had not been served on you before such destruction or damage had occurred.

4 Sanitary ware and underground pipes and cablesThe cost of reinstatement or repair following accidental damage toa) fixed sanitary ware and fittingsb) underground water or gas pipes or electricity or telephone cables extending from the public

mains to the buildings

Provided that you are responsible as owner for such reinstatement or repair.

Limit of liabilityOur liability in respect of any one occurrence will not exceed the sum insured by this section.

Sum InsuredAs shown in the schedule, subject to General Condition 17 – Underinsurance.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the adequacy of the suminsured and the Limit of liabilitywe will pay the cost of repairing or reinstating the buildings equal to their condition when new provided thata) this is carried out without delay and in the most economical mannerb) when buildings are partially destroyed or damaged our liability shall not exceed the estimated

reinstatement cost which would have been payable had they been wholly destroyedc) until reinstatement has been carried out no payment shall be made beyond the amount which would

be payable if an allowance were made for wear, tear or depreciationd) for the purpose of this sub-paragraph General Condition 17 - Underinsurance shall be deemed to read -

whenever a sum insured is declared to be subject to this underinsurance condition, if at the timeof repair or reinstatement the amount representing the cost which would have been incurred inrepair or reinstatement if the whole of the buildings had been destroyed exceeds the sum

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insured on buildings at the time of the loss, destruction or damage, then you shall be consideredas being your own insurer for the difference and shall bear a rateable proportion of the loss

e) where for any reason no payment is to be made on the basis of repair or reinstatement as new (liabilitybeing otherwise admitted) then our liability will be arrived at as if this basis of claims settlement hadnot been incorporated herein and the basis of claims settlement shall then be deemed to read -

following loss, destruction or damage insured by this section and subject to the adequacy of thesum insured and the limit of liabilitywe will pay the value of the buildings at the time of the loss,destruction or damage, or the amount of such loss, destruction or damage as the case may be,after due allowance for wear, tear or depreciation or at its option replace, reinstate or repair thelost, destroyed or damaged property.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this sub-section for1 the first £250 of each claim in respect of accidental damage to sanitary ware, underground pipes

and cables2 the first £100 of any other claim after the application of the underinsurance condition3 breakage of or damage to glass or lettering or designs superimposed thereon.

Special condition (See also the General Conditions on pages 47 to 49)It is a condition precedent to our liability under this section that, in the event of the buildings or portionsthereof becoming unoccupied by any authorised person, you must:(a) advise us as soon as practicable(b) comply with any additional security measures or other protections we request(c) implement the following measures no later than 15 days after the buildings or portion thereof become

unoccupied and maintain such measures throughout the period that the buildings or portion thereofare unoccupied by any authorised person (unless otherwise agreed by us in writing)i) all electricity, gas and water services to be turned off at the mains and all water systems drained

down, except that youmust preserve the services for any intruder alarm or fire alarm or automaticsprinkler system and ensure that these continue in full and effective operation at all times

ii) all fuel or storage tanks to be drained down or emptied and their contents removed from thebuildings

iii) the site to be kept clear of waste materials, gas bottles and redundant contentsiv) all security devices to be in full and effective operationv) an authorised, responsible person to inspect the premises internally and externally at least once

a week and report to us immediately any deterioration in the condition of the buildings or anybreach of i) – iv) above

(d) advise us immediately of any illegal entry to or damage to the buildings or premises, whether youintend to make a claim or not

(e) pay a suitable additional premium from the date of the change, if required(f ) advise us as soon as the buildings or portion thereof are to be occupied again.

Additional clauses(a) Capital additions

Newly erected buildings, new extensions and alterations to existing buildings are held covered beforetheir inclusion in the schedule, for an amount not exceeding 10% of the sum insured on buildings butthis shall not include appreciation in value.

You must notify us of such capital additions as soon as possible and pay the appropriate additionalpremium that may be required to provide retrospective cover from the commencement date of yourliability for such property. Following such notification the provisions of this clause are fully reinstated.

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(b) Contracting purchaserIf at the time of loss, destruction or damage to the buildings you shall have contracted to sell yourinterest in such buildings and the purchase shall not have been but shall be thereafter completed, thepurchaser on the completion of the purchase if and so far as the buildings are not otherwise insuredby or on behalf of the purchaser against such loss, destruction or damage shall be entitled to thebenefit of this policy so far as it relates to such loss, destruction or damage without prejudice to therights and liabilities of you or us under this policy up to the date of completion.

(c) DesignationFor the purpose of determining where necessary the item against which any property is insured weagree to accept the designation under which such property has been entered in your books.

(d) Non- invalidationThe insurance by this section, other than loss, destruction or damage by theft or any attempt thereat,shall not be invalidated by any act or omission or by any alteration whereby the risk of loss, destructionor damage is increased, unknown to you or beyond your control, providing that you, immediately youbecome aware thereof, shall give notice to us and pay an additional premium if required.

(e) Other interestsThe interest in the insurance by this section of the various mortgagees, lessors and freeholders of theproperty (as advised to Morton Michel) is hereby noted.

(f) WorkmenWorkmen are allowed in all or any of the buildings for the purpose of effecting minor alterations,repairs, decorations and maintenance without prejudice to this insurance.

Sub-section B - Glass

CoverWe will indemnify you in respect of breakage of or damage to fixed plain plate or sheet or wired glass in thebuildings, together with the cost of temporary boarding up pending replacement and the cost of repairingwindow and door frames, provided that you are responsible as owner.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this sub-section for1 the first £50 of each claim2 glass which was broken or cracked before the insurance commenced3 superficial scratching, chipping or cracking4 breakage caused during installation or removal or whilst alterations or repairs are being effected to the

buildings5 breakage of armoured, bent or other special glass or lettering or designs superimposed on glass.

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Section 13 – All Risks (optional)This section is applicable only if the schedule is headed “Out of School Gold” and only if a sum insured isshown for Section 13 in the schedule.

CoverWe will indemnify you in respect of loss, destruction or damage to the club equipment specified in theschedule caused by any accident or misfortune occurring within the territorial limits.

Limit of liabilityOur liability in respect of any one occurrence will not exceed the sum insured against each item in theschedule nor in all the aggregation of the sums insured by this section.

Sum insuredAs shown in the schedule, subject to General Condition 17 - Underinsurance.

Basis of claims settlementFollowing loss, destruction or damage insured by this section and subject to the adequacy of the suminsured and to the Limit of liability we will pay the cost of repairing or replacing the property equal to itscondition when new provided thata) this is carried out without delay and in the most economical mannerb) when property is partially lost, destroyed or damaged our liability shall not exceed the estimated

replacement cost which would have been payable had it been wholly lost or destroyedc) until replacement has been carried out no payment shall be made beyond the amount which would be

payable if an allowance were made for wear, tear or depreciationd) for the purposes of this sub-paragraph General Condition 17 Underinsurance shall be deemed to read -

whenever a sum insured is declared to be subject to this underinsurance condition, if at the timeof repair or replacement the amount representing the cost which would have been incurred inrepair or replacement if the whole of the property insured by any item insured hereby had beenlost or destroyed exceeds the sum insured by such item at the time of the loss, destruction ordamage, then you shall be considered as being your own insurer for the difference and shall beara rateable proportion of the loss

e) where for any reason no payment is to be made on the basis of repair or replacement as new (liabilitybeing otherwise admitted) then our liability will be arrived at as if this basis of claims settlement hadnot been incorporated herein and the basis of claims settlement shall then be deemed to read -

following loss, destruction or damage insured by this section and subject to the adequacy of thesum insured and to the Limit of liabilitywewill pay the cost of repair or replacement of the propertyat the time of the loss, destruction or damage after due allowance for wear, tear or depreciation.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 the first £100 of each claim after the application of the underinsurance condition2 loss, destruction or damage caused by

a) wear, tear or depreciation or diminution in valueb) inherent vice, latent defect, faulty workmanship, defective design, plan or specification or the

use of faulty materialsc) marring, scratching, denting, mechanical or electrical defect, failure, breakdown or derangementd) atmospheric or climatic conditions or any other gradually operating cause, rot, fungus, rust,

corrosion, woodworm, moths, insects, vermin or pestse) any process involving heating, drying, cleaning, dyeing, staining, repairing, restoring,

renovating, fitting, alteration or maintenance of any propertyf) use of any article contrary to manufacturer ’s instructionsg) storm or flood unless the property is contained in an enclosed vehicle or in a building

3 loss, destruction or damage by theft or attempted theft from any unattended vehicle4 breakage of brittle articles unless forming part of photographic equipment5 losses not directly associated with the incident that caused you to claim.

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Section 14 - Trustees’ and Officers’ Financial Liability(optional)This section is applicable only if the schedule is headed “Out of School Gold” and only if a sum insured isshown for Section 14 in the schedule.

CoverWe will indemnify any properly elected trustee or officer of the club against legal liability to pay or contributetowards the shortfall between the assets and liabilities of the club in the event that the club shall ceasetrading during the period of insurance through any cause outside the control of such trustee or officer.

Limit of liabilityOur liability shall not exceed the sum insured by this section in respect of all claims by all trustees or officersof the club.

Special exclusions (See also the General Exclusions on pages 50 to 52)We shall not be liable under this section in respect ofa) the first £25 or 5% of each and every claim, whichever is the greaterb) cessation of trading or shortfall caused by, or contributed to by, the fraud, embezzlement,

misappropriation or other criminal act of any of your trustees or officersc) any shortfall resulting from dishonoured cheques, the use of counterfeitmoney, clerical or accounting

errors or shortages due to error or omissiond) losses arising from the closure of the club within the first six months from inception of this section.

Special condition (See also the General Conditions on pages 47 to 49)In the event of a possible claim under this section it is a condition precedent to liability that you shall givenotice to us within thirty days of the cessation of trading by you and shall submit a claim in writing with allsuch particulars and proofs as may be reasonably required.

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Section 15 – Loss of Revenue (optional)This section is applicable only if the schedule is headed “Out of School Gold” and only if a sum insured isshown for Section 15 in the schedule.

CoverIn the event of damage to any building or other property or any part thereof used by you at the premises forthe purpose of the business or to any of your records of outstanding debit balances contained within thepremises, we will by payment indemnify you in respect ofa) any loss of gross revenue or additional expenditure incurred as a result of the business at the premises

being interrupted or interfered with in consequence of such damage provided that at the time of thehappening of the damage there shall be in force an insurance covering your interest in the property atthe premises against such damage and that payment shall have been made or liability admittedtherefor under such insurance

b) any net outstanding debit balances which you are unable to recover from customers during theindemnity period as a result of damage to such records and any additional expenditure incurred aftersuch damage in tracing and establishing outstanding debit balances

c) professional accountants’ charges incurred in accordance with the basis of claims settlement.

Additional cover ALoss as insured by this section resulting from interruption of or interference with the business inconsequence of1 damage to property in the vicinity of the premises which prevents or hinders the use of or prevents

access to the premises but excluding damage to property of any public utility from which you obtainsupplies or services

2 damage to property at anyi) generating station or sub-station of the public electricity supply undertakingii) land based premises of the public gas supply undertaking or of any natural gas producer linked

directly therewithiii) land based premises of the public telecommunications undertakingiv) waterworks or pumping station of the public water supply undertaking within the territorial

limits from which you obtain electricity, gas or water supplies or telecommunication services3 accidental failure of public supplies of electricity, gas or water at the terminal ends of the public supply

undertaking‘s feed to the premises excepti) in consequence of a deliberate act of any supply authority or the exercise by any such authority

of its power to withdraw or restrict supplyii) where such failure is for a period of less than sixty minutesiii) in consequence of a fault in any part of the installation belonging to you

4 damage to plans, deeds, briefs, manuscripts, books, documents and office records whilst temporarilyremoved from the premises to elsewhere within the territorial limits

5 the compulsory closure of the premises by order of any competent public authority following:a) the occurrence at the premises of murder or suicideb) the occurrence at the premises of any outbreak of a notifiable human infectious or contagious

diseasec) defective sanitation of the premises or the presence at the premises of vermin or pests;d) injury or illness of any person traceable to food or drink sold, supplied or provided at the

premises;

shall be deemed to be loss resulting from damage at the premises to property used by you for the purposeof the business.

Our liability under each of 5 a), b), c), and d) will not exceed £10,000 in any one period of insurance.

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Additional cover BThe indemnity by this section is extended to cover the cost of wages paid to temporary employees hiredsolely to replace members of staff who have been suspended in accordance with Ofsted regulations (or theregulations of any other registering authority) as a direct consequence of an accusation of child abuse.

Provided that:a) the suspension shall be due solely to Ofsted regulations (or the regulations of any other registering

authority)b) the suspension shall have followed a reported incident or allegation of child abusec) the maximum amount payable for any one replacement employee shall be £200 per week or 75% of the

weekly wages paid to the replacement employee, whichever is the lessd) the maximum period of payment shall be 5 weeks in respect of any one suspended employeee) our liability under this Additional cover shall not exceed £2,500 in any one period of insurance.

Limit of liabilityOur liability in respect of loss of gross revenue or net outstanding debit balances and their associatedadditional expenditure and accountants’ charges shall not exceed in the aggregate in respect of any oneoccurrence nor in all in any one period of insurance the sum insured in the schedule.

Basis of claims settlementOur liability shall not exceeda) the amount by which the gross revenue during the indemnity period shall fall short of the standard

gross revenue in consequence of the damage less any amount saved during the indemnity period inrespect of such of the charges and expenses of the business payable out of gross revenue as may ceaseor be reduced in consequence of the damage

b) the additional expenditure necessarily and reasonably incurred in increase in cost of working for thesole purpose of avoiding or diminishing the reduction in gross revenue which but for that expenditurewould have taken place during the indemnity period in consequence of the damage, but not exceedingthe amount of reduction in gross revenue thereby avoided

c) the amount by which the net outstanding debit balances traced and received after the damage andduring the indemnity period falls short of the outstanding debit balances at the time of such damageprovided that our liability shall not exceed £10,000 in respect of any one occurrence

d) the reasonable charges payable to your professional accountant which may be incurred for producingand reporting on details required by us under the terms of General Condition 4.

Special exclusions (See also the General Exclusions on pages 50 to 52)We will not be liable under this section for1 increased metered water charges except where such increased charges are caused by any peril insured

against under Section 4 of this policy2 loss due to

a) erasure loss distortion or corruption of information on computer systems or other recordsprograms or software caused deliberately by rioters strikers locked-out workers persons takingpart in labour disturbances or civil commotion or malicious persons

b) other erasure loss distortion or corruption of information on computer systems or other recordsprograms or software unless resulting from any of the perils 1 to 15 of Section 4 of this policy inso far as it is not otherwise excluded

Special conditions (See also the General Conditions on pages 47 to 49)1 The insurance by this section shall not apply if the business be wound up, permanently discontinued

or carried on by a liquidator or receiver.2 At the end of each month you shall record the total amount outstanding in customers’ accounts

and shall maintain a separate record, in addition to the books of account, in a place other thanthe premises.

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3 If at the time of any damage the sum insured on gross revenue be less than the gross revenue which itis estimated would have been earned during the maximum indemnity period had such damage notoccurred, then the amount payable in respect of loss of gross revenue and associated additionalexpenditure shall be proportionately reduced.

Additional clauses(a) Alternative trading

If during the indemnity period work shall be done or services shall be rendered elsewhere than at thepremises for the benefit of the business either by you or by others on your behalf the money paid orpayable in respect of such work or services shall be brought into account in arriving at the grossrevenue during the indemnity period.

(b) New businessFor the purpose of any claim arising from damage occurring before the completion of the first year’strading of the business at the premises, the terms “annual gross revenue” and “standard grossrevenue” stated above are amended to “annual gross revenue (new business)” and “standard grossrevenue (new business)” respectively.

(c) Payments on accountPayments on account may be made to you during the indemnity period at our discretion subject to anynecessary adjustment at the termination of such period.

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Section 16 – Terrorism (optional)This section is applicable only if the schedule is headed “Out of School Gold” and only if “Insured” is shownfor Section 16 in the schedule.

Terrorism – Property DamageThis sub-section applies to the property insured as described, defined and specified as insured in theGeneral Cover provided by this policy, save only that any insurance in respect of loss of rent or cost ofalternative accommodation shall be deemed to be insured by the Terrorism – Consequential Loss sub-sectionof this section.

Terrorism – Consequential LossThis sub-section applies to loss of gross profit, gross revenue, income or rent, cost of alternativeaccommodation or increase in cost of working or other such items of loss (other than Book Debts) resultingfrom interruption or interference as described, defined and specified as insured in the General Coverprovided by this policy.

Provided that at the time of the happening of the loss, destruction or damage that causes the interruptionor interference there shall be in force an insurance provided by us covering your interest in the propertythat suffers such loss, destruction or damage and that payment shall have been made or liability admittedtherefor under such insurance or that payment would have been made or liability would have beenadmitted therefor but for the operation of a proviso in such insurance excluding liability for losses belowa specified amount.

Terrorism – Book DebtsThis sub-section applies to outstanding debit balances, defined and specified as insured in the GeneralCover provided by this policy.

CoverWe will indemnify you in the event of loss, destruction or damage to the property insured, insofar and to theextent that it is insured in Great Britain by the General Cover and in respect of which there is an operativesection in the schedule, the cause of which is acts of persons acting on behalf of, or in connection with, anyorganisation which carries out activities directed towards the overthrowing or influencing, by force orviolence, of Her Majesty’s Government in the United Kingdom or any other government de jure or de facto.

Special exclusionsWe will not be liable under this section in respect of1 loss, destruction or damage or consequential loss directly or indirectly caused by or contributed to by

or arising from or occasioned by or resulting froma) riot, civil commotion, war, invasion, act of foreign enemy, hostilities (whether war be declared or

not), civil war, rebellion, revolution, insurrection or military or usurped powerb) virus or similar mechanism or hacking or denial of service attack in respect of any computer

equipment2 loss, destruction or damage or consequential loss in respect of

a) any nuclear installation or nuclear reactorb) any property not being a block of flats which is insured in the name of a private individual and is

occupied by that individual for residential purposesc) any property which is insured by or would but for the existence of this policy be insured by any

form of transit or aviation or marine policy other than any Goods in Transit section, sub-sectionor extension of the General Cover provided by this policy insofar as it relates to loss, destructionor damage occurring in Great Britain

d) any other type of property which is specifically excluded elsewhere in this policy

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Special conditions (See also the General Conditions on pages 47 to 49)1 This section is concurrent and conjunctional with and dependent upon the General Cover provided by

this policy.2 This section is not subject to any of the General Exclusions of this policy other than those stated in the

Special exclusions of this section.3 This section is subject to all the other terms, sums insured, limits of liability, definitions, provisions,

bases of claims settlement and conditions which apply to the General Cover provided by this policy(including but without limitation any excess or deductible to be borne by you) except as expresslyvaried hereby.

4 In any action, suit or other proceedings where we allege that any loss, destruction, damage orconsequential loss is not covered by this section the burden of proving that such loss, destruction,damage or consequential loss is covered shall be upon you.

5 This section is not subject to General Condition 13 Reinstatement of sum insured, nor to any Inflationprotection or to any Long Term Agreement or Undertaking which may apply to the General Coverprovided by this policy.

6 This section is to be lapsed or cancelled simultaneously with any lapse or cancellation of the GeneralCover provided by this policy.

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General Conditions1 Avoidance of policy

This policy shall be voidable in the event of misrepresentation, misdescription or non-disclosure in anymaterial particular.

2 CancellationYou may cancel this policy by giving written instructions to Morton Michel or to us.We may cancel this policy or any section by sending a recorded delivery letter to your last knownaddress giving seven days notice.You may cancel the policy within 14 days from the date your policy begins or from the date you receivethis policy document, whichever is the latter, returning the policy document and schedule, and receive afull refund of premium (but if there has been an incident which has resulted or could result in a claim, youmust reimburse us for any amounts we have paid or may be required to pay, in respect of that incident).In the event of cancellation by you after the 14 day period described above or cancellation by us at anytime, we will refund a pro rata proportion of the premium paid in respect of the unexpired term of thispolicy unless a claim or an incident likely to give rise to a claim has occurred during the current periodof insurance.If you are paying by monthly installments we- will stop applying for the monthly premium- may exercise our right to collect the balance of any outstanding premium in the event of a claim.If you have agreed to pay the premiums by instalments and fail to pay any of those instalments, wereserve the right to cancel the policy.

3 Change in riskThis policy shall be voidable from the date of the change ifa) your interest ceases other than by death orb) the business be wound up or carried on by a liquidator or receiver or permanently discontinued

orc) any alteration be made either in the business or in the premises or in any property therein or in

any other circumstances which may increase the possibility of loss, destruction, damage oraccidental bodily injury covered by this policy

at any time after the commencement of this insurance unlesswe have agreed in writing to its continuance.

4 ClaimsOn the happening of any event which could result in a claim under this policy (disregarding any excess)it is a condition precedent to liability that you shalla) advise Morton Michel or us in writing as soon as practicableb) not make any admission of liability or promise of payment without our written consentc) notify the police as soon as reasonably practicable following loss, destruction or damage by

theft, riot, vandalism or malicious act or if property be accidentally lostd) in respect of any loss, destruction or damage to the property insured submit, at your own expense,

a claim in writing with all such particulars and proofs as may be reasonably required withini) seven days (or as soon as reasonably practicable after that date) in the case of loss,

destruction or damage caused by riot, civil commotion, strikes, labour disturbances ormalicious persons

ii) thirty days (or as soon as reasonably practicable after that date) in the case of any otherloss, destruction or damage

e) inform us as soon as reasonably practicable of any claim being made, or of any impendingprosecution, inquest or fatal accident inquiry; every letter, claim, writ or other document relatingto any accident, claim, prosecution or civil proceedings must be sent to us as soon as reasonablypracticable, unacknowledged

f) give all such information and assistance as we may request.

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5 Contracts (Rights of Third Parties) Act 1999No person, persons, company or other party who is not named as the insured in this policy shall haveany right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms or conditions ofthis policy. This shall not affect any right or remedy of a third party that exists or is available apart fromthat Act.

6 Death of the insuredIn the event of your death, we will, in respect of liability or loss incurred by you, indemnify yourpersonal representatives in the terms of and subject to the limitations of this policy, provided that suchpersonal representatives shall as though they were the insured observe, fulfil and be subject to theterms and conditions of the policy as far as they can apply.

7 FraudIf you or anyone acting for you makes a claim under this policy knowing the claim to be false orfraudulent in any respect or if any damage is caused by your wilful act or with your connivance, we willnot pay the claim and all cover under the policy will cease from the date of the incident orcircumstances in respect of which the fraudulent claim was made.

8 Insurance Premium TaxEffective from 1st October 1994, the premium will be subject to insurance premium tax as set out in theFinance Act 1994 (or as amended by subsequent legislation) and detailed in the policy schedule orrenewal notice issued from that date.

9 Law applicableUnder United Kingdom law the parties to the contract have the right to choose the law which shouldapply. In the absence of any agreement to the contrary, English law will apply.

10 Other insuranceIf at the time of any loss, destruction or damage or at the time of the occurrence of any incident whichmay result in you being held legally liable for the consequences thereof and which is covered underthis policy, there is any other insurance in force which covers the same loss, destruction, damage orlegal liability, our liability will be limited to its rateable proportion.

11 Reasonable carea) It is a condition precedent to our liability that you shall at your own expense

take all reasonable precautions to prevent loss, destruction, damage, accident or bodily injuryb) keep the premises, buildings and other maintainable property which is insured by this policy in

a satisfactory state of repairc) comply with all relevant statutory requirements and other regulations imposed by any authority

and manufacturers’ recommendations all relating to the use inspection and safety of propertyand the safety of persons

d) as soon as possible after discovery, cause any defect or danger to be made good or remedied and inthe meantime shall cause such additional precautions to be effected as the circumstances may require

e) exercise due care in the selection and supervision of employees.

12 RegistrationIt is a condition precedent to liability that the club insured by this policy shall be registered with theappropriate Registering Authority where applicable and all terms of such registration shall be compliedwith at all times.

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13 Reinstatement of sum insuredIt is agreed that in the absence of written notice by you or us to the contrary, our liability shall not standreduced by the amount of any loss, provided you undertake to pay any appropriate premium for suchautomatic reinstatement of cover and implement immediately any recommendations made by us toprevent further loss, destruction or damage and effects all repair or replacement work without delay.

14 RightsIn the event of loss, destruction or damage to the property insured we will be entitled to enter anybuilding where such loss, destruction or damage has happened and to take and keep possession ofsuch property insured and to deal with the salvage in a reasonable manner and this policy shall beproof of leave and licence for such purpose. No property may be abandoned to us.

15 SecurityIt is a condition precedent to our liability that you shall ensure that alla) security devices are put into full and effective operation whenever the premises are closed for

business or left unattendedb) keys and all details of any codes or combinations relating to any part of the intruder alarm

installation and any safe or strongroom be removed from the premises whenever the premisesare closed for business or left unattended

c) fire break doors and shutters in the buildings be maintained in efficient working order and thatthe openings protected by such doors and shutters be kept clear of obstruction at all times andthat all such doors and shutters other than those fitted with fusible links be kept closed exceptduring business hours

d) alterations or additions to or changes in or removal of security devices be advised to usimmediately in writing.

16 SubrogationBefore or after we have indemnified you, we will be entitled to undertake in your name and on yourbehalf the absolute conduct, control and settlement of any proceedings and to take proceedings at ourown expense and for our own benefit but in your name, to recover compensation or secure indemnityfrom any third party in respect of anything covered by this policy.

17 UnderinsuranceWhenever a sum insured is declared to be subject to this underinsurance condition, if the propertyinsured by such item shall at the commencement of any loss, destruction or damage hereby insuredagainst be collectively of greater value than such sum insured, then you shall be considered as beingyour own insurer for the difference and shall bear a rateable proportion of the loss.

18 WarrantyEvery warranty shall from the time the warranty attaches apply and continue to be in force during eachsubsequent period of insurance. Non-compliance with any such warranty in so far as it increases therisk of loss, destruction, damage or accidental bodily injury shall be a bar to any claim for such loss,destruction, damage or accidental bodily injury.

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General ExclusionsWe will not be liable for

1 loss, destruction or damage to property or any cost or expense, consequential loss or bodily injurydirectly or indirectly caused by, contributed to by, resulting from or arising out of or in connectionwith any of the following regardless of any other cause or event contributing concurrently or in anyother sequence to the lossa) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear

waste from the combustion of nuclear fuelb) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear

installation, reactor or other nuclear assembly or nuclear component thereofc) any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or

radioactive force or matterd) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war,

rebellion, revolution, insurrection or military or usurped powere) an act of terrorism or any action taken in controlling, preventing, suppressing, retaliating

against, responding to or in any way relating to an act of terrorism (other than in respect ofbodily injury to an employee arising out of and in the course of employment in the business). Ifwe allege that by reason of this sub-paragraph any loss, destruction, damage, cost, expense,consequential loss or bodily injury is not covered by this policy the burden of proving thecontrary shall be upon you

f) pressure waves caused by aircraft or other aerospatial devices travelling at sonic or supersonicspeeds

g) confiscation, nationalisation or requisition by order of any government or public, municipal,local or customs authority

h) erasure, loss, distortion or corruption of information on, or reduction in the functionality,availability or operation of any computer system, or any hardware, program, software, data,information repository, disk, microchip, integrated circuit or similar device in computerequipment or non-computer equipment, whether your property or not, caused by the maliciousintroduction or incursion of any unauthorised, unintended, undesired or unexpected program,instruction or command or any other computer or electronic virus.

2 a) loss, destruction or damage to property caused by pollution or contamination except (unlessotherwise excluded)loss, destruction or damage to the property insured caused byi) pollution or contamination which itself results from a contingency hereby insured against

(other than by leakage of oil or by accidental damage to underground service pipes orcables) which comprises a sudden identifiable, unintended and unexpected event andoccurs in its entirety at a specific time and place during the period of insurance

ii) any contingency hereby insured against (other than by leakage of oil or by accidentaldamage to underground service pipes or cables) which itself results from pollution orcontamination

b) loss under any Business Interruption section of this policy resulting from pollution orcontamination but this will not exclude loss resulting from damage at the premises to propertyused by you for the purpose of the business (unless otherwise excluded) caused byi) pollution or contamination at the premises which itself results from a contingency hereby

insured against (other than by leakage of oil or by accidental damage to underground servicepipes or cables) which comprises a sudden, identifiable, unintended and unexpected eventand occurs in its entirety at a specific time and place during the period of insurance

ii) any contingency hereby insured against (other than by leakage of oil or by accidentaldamage to underground service pipes or cables) which itself results from pollution orcontamination

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c) loss under the Public Liability and Products Liability sections of this policy resulting from legalliability directly or indirectly caused by or arising from pollution or contamination unless caused bya sudden, identifiable, unintended and unexpected event which occurs in its entirety at a specifictime and place during the period of insurance provided thati) all pollution or contamination arising out of such event will be deemed to be one occurrence

irrespective of the length of time or number of periods of insurance over which such pollutionor contamination occurs

ii) our liability for all damages payable arising out of all pollution or contamination which isdeemed to have occurred during any one period of insurance will not exceed the amountstated against the Public Liability section and the Products Liability section in the schedule

Definition and interpretation - for the purposes of General Exclusion 2 c) onlypollution or contamination includes(a) all pollution or contamination of buildings or other structures or of water or land or the

atmosphere and(b) all loss or damage or injury directly or indirectly caused by such pollution or contamination.

3 loss, destruction or damagea) to property undergoing any process involving the application of heatb) to any electrical machine or apparatus or component thereof occasioned by its over-running,

excessive pressure, short-circuiting or self-heating not resulting in firec) arising from theft or attempted theft where you or any of your directors, partners or employees or

any member of your family or household be concerned as principal or accessoryd) due to theft or attempted theft, malicious damage, leakage of water following bursting or

overflowing of water pipes, water apparatus or water tanks or from any automatic sprinklerinstallation, leakage of oil or breakage of glass and sanitary warei) during any period when the business has ceased to trade whether the premises are

unfurnished or otherwiseii) whilst the buildings are unfurnished or untenanted

e) due to disappearance, unexplained loss, inventory shortage, misfiling or misplacing of information

4 loss, destruction or damage or any expense or consequential loss happening in Northern Irelandoccasioned by or happening through or in consequence directly or indirectly of riot, civil commotion and(except in respect of loss, destruction or damage or any expense or consequential loss by fire orexplosion) strikers, locked out workers or persons taking part in labour disturbances or maliciouspersons.

5 a) loss, destruction or damageb) consequential loss, additional expenditure or extra expensesc) legal liabilityd) other fees, costs, disbursements, awards or other expenses of whatsoever nature

directly or indirectly caused by or consisting of or contributed to by or arising from the failure inwhole or in part of –i) any computerii) any data processing equipment or media, microchip, integrated circuit or similar deviceiii) any computer softwarewhether your property or not and whether occurring before, during or after the year 2000 to achieveall or any of the purposes and effects intended by the use of any number and/or word to denote adate, including the failure to -(a) correctly recognise any date as its true calendar date(b) recognise, capture, save, retain or restore and/or correctly manipulate, interpret, calculate or

process any data or information or command or instruction as a result of treating any dateotherwise than its true calendar date

(c) recognise, capture, save, retain, restore and/or correctly manipulate, interpret, calculate orprocess any data or information as the result of the operation of any command which has

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been programmed into any computer software or hardware being a command which causesthe loss of data or the inability to recognise, capture, save, retain, restore and/or correctlymanipulate, interpret, calculate or process any data on or after any date

but in respect of all sections other than Employers’ Liability, Public Liability or Products Liability this shallnot exclude subsequent loss, destruction or damage to property specifically insured by any item, sectionor endorsement of this policy, or any expense or any consequential loss additional expenditure or extraexpense (not otherwise excluded) which itself results from the following contingencies or perils -

Fire, lightning, explosion, aircraft and other aerospatial devices or articles dropped therefrom, riot,civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, maliciouspersons, earthquake, subterranean fire, impact by any mechanically propelled vehicle or by goodsfalling therefrom or by animals, theft or any attempt thereat, storm, flood, or escape of water or oilfrom any pipe tank or apparatus.

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DefinitionsThe words and expressions defined below will carry the same meaning throughout the policy, wherever theyappear in bold.

adventure playground equipmentAerial runways, scrambling nets, tree walks and other structures constructed (or partly equipmentconstructed) from materials not originally intended for play or recreational use (eg telegraph poles, tyres,drainage pipes, etc) unless advised to and agreed in writing by Morton Michel.

accidental damagedamage damage caused by accidental and external means

act of terrorisman activity thata) involves a violent act or the unlawful use of force or an unlawful act dangerous to human life, tangible

or intangible property or infrastructure, or a threat thereof; andb) appears to be intended to

i) intimidate or coerce a civilian population, orii) disrupt any segment of the economy of a government de jure or de facto, state or country, oriii) overthrow, influence, or affect the conduct or policy of any government de jure or de facto by

intimidation or coercion, oriv) affect the conduct of a government de jure or de facto by mass destruction, assassination,

kidnapping or hostage taking

annual gross revenuethe gross revenue during the twelve months immediately before the date of the damage subject toappropriate trend adjustments

annual gross revenue (new business)the proportional equivalent for a period of twelve months, of the gross revenue realised during the periodbetween the commencement of the business and the date of the damage subject to appropriate trendadjustments

asbestosasbestos, asbestos fibres, any derivatives of asbestos and any product containing asbestos, asbestos fibresor any derivatives of asbestos

aspect enquiryan examination by HM revenue and Customs which considers one or more specific aspects of your selfassessment and/or corporation tax return

bodily injurydeath, injury, illness, disease or shock

bouncy castleplay equipment with a horizontal, inflatable base and inflatable sides designed and intended solely forchildren to bounce in or on and for no other recreational activity

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buildingsthe building or buildings of the premises (or the building or buildings of the structure of which the premisesform part), including:

foundations;walls, gates and fences;landlord’s fixtures and fittings;air-conditioning, central heating and alarm systems;piping, ducting, cabling, control gear and underground services;yards, car parks, driveways, pavements, paths, steps and roadways;extensions, annexes, gangways, conveniences, outbuildings and sub-stations;fuel tanks and wind turbines;telephone, gas, water and electric meters, fibre optics or integrated services and digital network lines;

all at the risk address stated in the schedule and for which you are legally responsible

businessa) the provision of organised and supervised out of school activities as advised to and agreed in writing

by Morton Michel (including organised and supervised outings away from the premises for up to threeconsecutive days)

b) the provision and management of catering, social, sports, educational and welfare facilities for thebenefit of employees, first aid, medical, ambulance, fire and security services and maintenance of thepremises

c) ownership and maintenance of buildings, premises and land used in connection therewithd) participation as an exhibitor at trade shows and exhibitions

business hoursthe period during which the premises are occupied by you or any authorised employee for the purposes ofthe business

clubany group of children assembled during the school term period or any holiday periods:a) as prescribed or required by Ofsted or other registering authorityb) governed by, and registered in accordance with, the Childcare Act 2006 where applicablec) for the provision of activities which

i) are organised and supervised activities by you, andii) have been advised to and agreed in writing by Morton Michel

club equipmentyour property or property for which you are responsible, used solely in connection with the business butexcluding property more specifically insured, motor vehicles and accessories whilst therein or thereon,money, personal effects, tenant’s improvements, landlord’s fixtures and fittings, glass and buildings

club officiala director, the proprietor or any employee of the club

club official’s personal moneycoin, bank and currency notes, cheques, postage stamps, postal and money orders belonging to any clubofficial and held solely for private purposes

computer equipmentany computer or other equipment or component or system or item which processes, stores, transmits orreceives data or any part thereof whether tangible or intangible (including, but without limitation to, anyinformation or programs or software) and whether your property or not

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computing and ancillary equipmentComputer equipment (including interconnected wiring fixed disks and telecommunications equipment) usedfor the storage and communication of electronically processed data and ancillary equipment solely used withthe computer equipment comprising air conditioning equipment, generating equipment, voltage regulatingequipment, temperature and humidity recording equipment, electronic access equipment, heat and smokedetection equipment, gas flooding cylinders and pipework, used by you for the purposes of the business,insured under Section 4 – Club Equipment

Costs and expenseslegal costsAll reasonable and necessary costs chargeable by the representative on a standard basis. Also thecosts incurred by opponents in civil cases if an insured person has been ordered to pay them, or paysthem with our agreement.

Accountant’s costsA reasonable amount in respect of all costs reasonably incurred by the representative.

Attendance expensesThe insured person’s salary or wages for the time that the insured person is off work to attend anyarbitration, court or tribunal hearing at the request of the representative or while attending juryservice. DAS will pay for each half or whole day that the court, tribunal or the insured person’semployer will not pay for.

The amount DAS will pay is based on the following:(a) the time the insured person is off work including the time it takes to travel to and from the

hearing. This will be calculated to the nearest half day assuming that a whole day is eight hours;(b) if the insured person works full time, the salary or wages for each whole day equals 1/250th of

the insured person’s yearly salary or wages;(c) if the insured person works part-time, the salary or wages will be a proportion of the insured

person’s weekly salary or wages.

damagephysical loss, destruction or damage by any of the perils insured under Section 4 of this policy

date of occurrence(a) for civil cases (other than under insured incident - 6 Tax Protection), the date of occurrence is when the

cause of action first accrued.(b) for criminal cases, the date of occurrence is when the insured person commenced or is alleged to have

commenced to violate the criminal law in question(c) for full enquiries or aspect enquiries, the date of occurrence is when HM Revenue and Customs first

notifies in writing the intention to make enquiries.(d) for tax intervention enquiries, the date of occurrence is when HM Revenue and Customs first contacts

you in relation to commencing an intervention enquiry into your business accounts.(e) for Employers’ Compliance and Value Added Tax disputes, the date of occurrence is when the relevant

authority sends an assessment or written decision to you(f) for licence or registration appeals, the date of occurrence is when you first became aware of the

proposal by the relevant licensing or regulatory authority to suspend, alter the terms of, refuse torenew or cancel your licence, mandatory registration or British Standard Certificate of Registration

denial of service attackany actions or instructions constructed or generated with the ability to damage, interfere with or otherwiseaffect the availability of networks, network services, network connectivity or information systems including,but without limitation to, the generation of excess traffic into network addresses, the exploitation of systemor network weaknesses and the generation of excess or non-genuine traffic between and amongst networks

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employeefor all sections other than Section 3 Legal Expensesany

person under a contract of service or apprenticeship to you

labour master or labour only sub-contractor or person supplied by them

self-employed person or delegated voluntary helper performing work of a kind ordinarily performed under acontract of service or apprenticeship to you, provided that such work is under your authority and control

person who is engaged under a Government or otherwise authorised work experience, training, study,exchange or similar scheme

whilst working for you in connection with the business

for Section 3 Legal Expensesany person under a contract of service or apprenticeship with you or supplied to or hired to or borrowed byyou including any person under a work experience training scheme, whilst engaged in work in connectionwith the business

excessthe amount for which you will be responsible and which will be deducted from each and every claim

full enquiryan extensive examination by HM Revenue and Customs which considers all aspects of your tax affairs,excluding those enquiries which are limited to one or more specific aspects of your self assessment and/orcorporation tax return

General Coverany insurance by this policy in respect of property and/or consequential loss in Great Britain

Great BritainEngland and Wales and Scotland but not the territorial seas adjacent thereto as defined by the Territorial SeaAct 1987 nor the Isle of Man nor the Channel Islands

gross revenuethe money paid or payable to you for work done and services rendered in the course of the business at thepremises

hackingunauthorised access to any computer equipment

indemnity periodthe period beginning with the occurrence of the damage and ending when your business ceases to beaffected by the damage, but not longer than the maximum indemnity period

insured incidentas specified under “Cover” in Section 3 Legal Expenses

insured personyou and the directors, proprietors or employees of the club

intruder alarm installationthe component parts of the alarm including the means of communication used to transmit signals

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loss of limbtotal loss of one or more limbs at or above the wrist or ankle or total and permanent loss of use of anyentire limb

loss of sighttotal and irrecoverable loss of sight in one or both eyes

maximum indemnity periodtwelve months or such other period as shown in the schedule

moneycurrent currency, crossed and uncrossed bankers drafts, national giro drafts and payment orders, postal andmoney orders, dividend warrants and cheques other than pre-signed blank cheques, travellers cheques,national savings stamps and certificates, bus and rail travel cards and passes, telephone cards, currentpostage stamps and unused postal franking machine units, luncheon vouchers, gift tokens, trading stamps,national insurance stamps and stamped or impressed national insurance cards, holiday with pay stamps,premium bonds, VAT purchase invoices, credit card, cheque card and debit card sales vouchers, savingsstamps, consumer redemption vouchers and National Lottery ‘Instants’ and other scratch cards, allpertaining to the business and belonging to you or for which you are legally responsible

motor vehiclemechanically propelled vehicle or plant (or trailer attached thereto) in respect of which insurance or securityis necessary to meet the requirements of road traffic legislation

non-negotiable moneycrossed cheques, postal orders, money orders, bankers drafts, national giro drafts and payment orders,dividend warrants, national savings certificates, unused postal franking machine units, stamped orimpressed national insurance cards, holiday with pay stamps, premium bonds, VAT purchase invoices, creditcard cheque card and debit card sales vouchers and consumer redemption vouchers, all pertaining to thebusiness and belonging to you or for which you are legally responsible

notifiable human infectious or contagious diseasethose diseases notifiable under the Public Health (Infectious Diseases) Regulations, 1988, namely:Acute encephalitis, Acute poliomyelitis, Anthrax, Cholera, Diphtheria, Dysentery, Food poisoning,Leptospirosis, Malaria, Measles, Meningitis, Meningococcal septicaemia (without meningitis), Mumps,Ophthalmia neonatorum, Paratyphoid fever, Plague, Rabies, Relapsing fever, Rubella, Scarlet fever,Smallpox, Tetanus, Tuberculosis, Typhoid fever, Typhus fever, Viral haemorrhagic fever, Viral hepatitis,Hepatitis A, Hepatitis B, Hepatitis C, Whooping cough, Yellow fever.

No other disease shall be added to the above list without our prior written consent.

nuclear installationany installation of such class and description as may be prescribed by regulations made by the relevantSecretary of State from time to time by statutory instrument, being an installation designed or adapted for:a) the production or use of atomic energy, orb) the carrying out of any process which is preparatory or ancillary to the production or use of atomic

energy and which involves or is capable of causing the emission of ionising radiations, orc) the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive matter, being

matter which has been produced or irradiated in the course of the production or use of nuclear fuel

nuclear reactorany part (including any machinery, equipment or appliance, whether affixed to land or not) designed oradapted for the production of atomic energy by a fission process in which a controlled chain reaction can bemaintained without an additional source of neutrons

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operative timethe maximum period for which cover will apply during any one period of insurance, as stated in the scheduleand whilst engaged in organised and supervised club activities

operative sectionany section against which a sum insured has been inserted in the schedule

outstanding debit balancesthe individual amounts owed to you by your customers and shown as outstanding in your records, afteradjustment for bad debts, abnormal trading conditions and debit/credit amounts not passed through yourbooks during the period between the last record and the date of the damage

parentperson with legally recognised parental or guardian responsibility

period of insurancethe period stated in the schedule

permanent total disablementinjury not resulting in death or loss of limbs or eyes which results in permanent inability to engage in anygainful employment

pollution or contaminationpollution, contamination, sooting, deposition, impairment with dust, chemical precipitation, poisoning,epidemic and disease (including but not limited to foot and mouth disease), adulteration, impurification orlimitation or prevention of the use of objects because of hazards to health

premisesthat part of the buildings, situate at the risk address or locations stated in the schedule, occupied by you forthe purpose of the business

productsany goods, including containers, packaging, labelling and instructions for use, sold, supplied, processed,delivered, installed, tested, repaired, serviced, altered, treated or hired out by you in connection with thebusiness from the premises and no longer in your possession or control

registration certificatethe certificate granted for you to carry on the business at the premises

representativethe lawyer, accountant or other suitably qualified person, who has been appointed to act for an insuredperson in accordance with the terms of this section.

scheduledocument stating details of you, the period of insurance, the operative sections of the policy, the sumsinsured and limits which apply, and specifying any warranties or endorsements which amend the standardpolicy wording

standard gross revenuethe gross revenue during that period in the twelve months immediately before the date of the damage whichcorresponds with the indemnity period, subject to appropriate trend adjustments

standard gross revenue (new business)the proportional equivalent, for a period equal to the indemnity period, of the gross revenue realised duringthe period between the commencement of the business and the date of the damage subject to appropriatetrend adjustments

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tax intervention enquiryan examination by HM Revenue and Customs to measure the level of compliance in your financial accountingrecords to highlight areas where errors have or may occur.

temporary total disablementinjury resulting in temporary and absolute inability to engage in or give attention to usual occupation

tenant’s improvementsimprovements, alterations and decorations which have been undertaken to the buildings either by you or aprevious occupier, and for which you are legally responsible as occupier, and not as owner, of the buildings

territorial limitsfor all sections other than Section 3 Legal ExpensesGreat Britain, Northern Ireland, the Isle of Man or the Channel Islands

for Section 3 Legal Expenses(a) for insured incidents under 2 Legal Defence [other than (4)] and insured incidents under 5 (b) Bodily

Injury The European Union, the Isle of Man, the Channel Islands, Albania, Andorra, BosniaHerzegovina, Croatia, Gibraltar, Iceland, Liechtenstein, Macedonia, Monaco, Montenegro, Norway, SanMarino, Serbia, Switzerland and Turkey

(b) for all other insured incidents under Section 3 Legal ExpensesThe United Kingdom of Great Britain and Northern Ireland, the Isle of Man, the Channel Islands and anyother extension agreed with us

trend adjustmentsadjustments necessary to provide for the trend of the business and for variations in or other circumstancesaffecting the business before or after the damage which would have affected the business had the damagenot occurred, so that the figures thus adjusted shall represent, as nearly as may be reasonably practicable,the results which but for the damage would have been obtained during the relative period after the damage

unattended vehicleany vehicle left without you, one of your employees or a responsible adult authorised by you remaining in oron such vehicle

vehicleany road vehicle together with its trailer or container

virus or similar mechanismprogram code, programming instruction or any set of instructions intentionally constructed with the abilityto damage, interfere with or otherwise adversely affect computer programs, data files or operations, whetherinvolving self-replication or not, including but, without limitation to Trojan horses, worms and logic bombs

we, us, ourfor Sections 1 & 2 and 4 to 17 - Sterling Insurance Company Limitedfor Section 3 - DAS Legal Expenses Insurance Company Limited

you, your, yoursthe limited company, proprietor, or nominated official for the time being of the club named in the schedule

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Endorsements and WarrantiesThe following endorsements and warranties apply only if they are shown in the schedule or the appendixthereto under the heading ‘Endorsements and warranties applicable’.

OSE1 - Professional Indemnity Extension to Section 1

Notwithstanding Special exclusion 5 e) - breach of professional duty, the indemnity by Section 1 - PublicLiability is extended to indemnify you against all sums which you shall become legally liable to pay asdamages and claimant’s costs and expenses as a result of any claim or claims first made against youand notified to us during the period of insurance arising out of

A) any breach of professional duty as a direct result of any unintentional negligent act, error oromission on the part ofa) youb) any of your employees, trustees, officers or directors, orc) any other person, persons, partnership, firm or company acting for you or on your behalf

in or about the conduct of the business

B) libel or slander committed unintentionally by reason of words written or spoken bya) you, orb) any of your employees, trustees, officesr or directors

in or about the conduct of the business

Our liability under this extension for all damages, claimant’s costs and expenses, and costs andexpenses of litigation incurred with our written consent in respect of all claims first made against youand notified to us during the period of insurance shall not exceed the Limit of liability stated in theschedule.

Subject otherwise to all terms, exclusions and conditions of the section and the policy, and thefollowing Extension Special exclusions and Special conditions:

Extension Special exclusionsWe will not be liable under this Extension to Section 1 in respect of(i) claims made upon you prior to inception of this Extension(ii) claims caused by or contributed to by any dishonest, fraudulent, criminal or malicious act or

omission by you(iii) any loss arising out of any claim against you resulting from any circumstances or occurrence

which is known to you at inception of this Extension and likely to give rise to a claim against you(iv) liability arising out of or relating directly or indirectly to

(a) your insolvency(b) your bankruptcy(c) a take-over of your business(d) a merger involving your business

(v) liability arising out of, caused by or relating to products(vi) alleged infringement of Copyright, Patents, Registered Designs, Trade Marks or Passing-off(vii) libel or slander arising out of publication made in any journal, magazine or newspaper or by

means of radio and/or television.

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Extension Special conditions(i) Claims notification

It is a condition precedent to liability that you shall give to us immediate notice in writing duringthe period of insurance of:(a) any claim made against you; or(b) the receipt of notice from any person or entity of their intention to make a claim against you

for the results of any negligent act, error or omission; or(c) any circumstances of which you shall become aware which might reasonably be expected

to give rise to a claim being made against you, giving reasons for the anticipation of suchclaim, with full particulars as to dates and persons involved.

Such notice having been given as required by (b) or (c) above, any subsequent claim made shallbe deemed to have been made during the period of insurance.

(ii) Disclosure of policy detailsIn the event of a claim or circumstances that may lead to a claim, you must not disclose detailsof the policy to any person without our written consent.

OSE2 - Subsidence

Peril 15 as follows is deemed to be added to the list of perils insured by Section 12 - Buildings.

15 Subsidence or ground heave (of any part of the site on which the buildings stand) or landslip butexcluding

a) all such loss, destruction or damage caused by or due toi) settlement or bedding down of new structuresii) compaction of the infill to the floorsiii) the settlement or movement of newly made-up groundiv) river or coastal erosion or cliff-fallv) defective design or workmanship or the use of faulty or defective materialsvi) demolition or structural repairs or alterations to the buildings

b) movement of solid floor slabs unless the foundations beneath the external walls of the buildingsare damaged at the same time by the same cause

c) loss or destruction of or damage to fences, gates, hedges, oil tanks, paths, patios, paved areasor other artificially covered surfaces, swimming pools, tennis courts and walls, free-standingwalls, unless the main building is damaged at the same time by the same cause

d) loss or destruction of or damage to loose or moveable property in the open

e) loss, destruction or damage for which compensation is provided by legislation

f) the first £1,000 of each and every loss, after the application of the Underinsurance Condition, orsuch other amount as stated in the schedule.

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OSE3 - Accidental damage extension

Peril 15 as follows is deemed to be added to the list of perils insured by Section 4 - Club Equipment

15 accidental damage occurring at the premises but excluding

a) wear, tear or depreciation or diminution in value

b) loss, destruction or damage caused by or arising fromi) frost, subsidence, ground heave or landslip or from settlement or bedding down of new

structuresii) collapse or cracking of buildingsiii) inherent vice, latent defect, faulty workmanship, defective design, plan or specification or

the use of faulty materialsiv) marring, scratching or denting or mechanical or electrical defect, failure, breakdown or

derangementv) atmospheric or climatic conditions or any other gradually operating cause, rot, fungus,

rust, corrosion, woodworm, moths, insects, vermin or pestsvi) any process involving cleaning, dyeing, staining, repairing, restoring, renovating, fitting,

alteration or maintenance of any propertyvii) use of any article contrary to manufacturers’ instructions

c) loss, destruction or damage caused by or resulting fromi) any exclusions to perils 1 to 14 aboveii) any peril excluded or deleted from 1 to 14 above

d) loss, destruction or damage to loose or moveable property in the open.

OSW1 - Alarm warranty

Warranted thatthe intruder alarm installation approved by us must bea) set in its entirety whenever the premises are closed for business or left unattendedb) kept in full working order and maintained during the currency of the policy under a

maintenance contract with the installing company or other engineers approved by us andthat the maintenance company must be advised immediately of any defect in the intruderalarm or its signalling

2 you shalla) provide a copy of the specification if so requested by usb) notify us

i) immediately any warning is received from the police that they may withdraw theirresponse to calls

ii) before any alteration is made to the intruder alarm installation.

OSW2 - Club equipment warranty

Warranted that all portable club equipment be contained within that part of the premises protected by theintruder alarm installation.

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Arranged by

www.mortonmichel.com KH2715 01.10

Tel: 0845 2570900 Fax: 0845 2570547/0548 www.mortonmichel.com

Morton Michel Alhambra House 9 St Michaels Road Croydon CR9 3DD

www.mortonmichel.com