What are the options for a small club?

Questioner

What are the options for a small club to reach out without risk to board members or the association? We are a small, accessible association (photography club with 15 members) and for the fourth year in a row we are holding a small exhibition in the community centre where our club evenings are also held. Our financial position is such that expensive liability insurance cannot be taken out and every year this leads to discussions regarding the liability of the board members. With the costs of renting a room and a low membership fee without sponsorship, it is impossible to organize a free exhibition for those interested in our photography hobby. The founders have registered the association with the Chamber of Commerce, but due to the constant turnover and little interest in becoming a member, we remain stuck at 13 to 15 members with a changing board that is maintained by the few active members. Thanks in advance for your response.

Lawyer

First of all, no one can defend themselves with provisions or clauses against the fact that someone else sends a club member or third party a notice of liability. Provisions and clauses that exclude liability in general 100% are not valid anyway. You must first map out what the specific dangers are and then you can have a test made to what extent rules apply to members and rules apply to third parties (in agreements) and what those rules are. The more specific the better often. Provisions may not conflict with the law/public order/good morals, abuse and reasonableness and the association law.

Questioner

Dear Monique, What if the association dissolves itself and we continue as friends with the same hobby so no board and only individual initiatives which is actually already happening, does any liability then fall under a third party insurance? Then we could organize the exhibition on the initiative of the community center and it might become easier from an insurance point of view, or am I just babbling?

Lawyer

That is not impossible, then look at the separate conditions of the different WA/AVP. There are insurers who do insure group actions. After all, the law recognizes group liability: so a group can also be held liable as an entity.