CONSTITUTION OF THE OTTERS AMATEUR SWIMMING CLUB

CONSTITUTION OF THE OTTERS AMATEUR SWIMMING CLUB

CONSTITUTION OF THE OTTERS AMATEUR SWIMMING CLUB 1. DEFINITIONS The following definitions shall apply in this Constitution: 1.1 The club shall mean Otters Amateur Swimming Club as per Paragraph 2 below 1.2 The Committee shall mean the management of the club 1.3 Constitution shall mean this Constitution, its provisions, the schedules hereto, bye-laws and due decisions and /or orders arising there from, as amended from time to time 1.4 Code of Conduct shall mean the Code of Conduct of FSA, with preliminary note, as attached hereto per Schedule I 1.5 FSA shall refer to Free State Aquatics 1.6 FINA shall refer to the Federation International de Natation Amateur 1.7 SSA shall refer to Swimming South Africa 1.8 Membership shall mean membership of the club obtained on conditions as set out in Paragraph 5 below 1.9 Membership fees shall mean all club fees as agreed to by the member upon application for membership 1.10 Procedures shall mean procedures as set out by the Committee 1.11 Conditions of membership shall mean conditions of membership as set out by the Committee 1.12 Rules shall mean the rules of the club as set out by the Committee 1.13 AGM shall refer to Annual General Meeting of the club 2. NAME The name of the club is OTTERS AMATEUR SWIMMING CLUB of Bloemfontein. 3. OBJECTIVES To promote training and capability in swimming according to the rules of the FINA. 4. AFFILIATION The club will be affiliated to SSA through FSA. 5. MEMBERSHIP i. Membership of the club is subjected to

a. all membership fees being paid in full by the member, b. acceptance in writing by the member of the conditions of membership, rules and procedures of the club, and c. agreement by the member to be bound by the Code of Conduct. ii. All applications of new and existing members are subjected to the approval of the Committee and compliance with the conditions as set out in Paragraph 5.i above. iii. Any person proposed by the Committee, and approved by two thirds of the members present at the AGM, can be named as Patron, Honorary President and/or Honorary Member of the club for any period at the discretion of the meeting. iv. Membership fees are decided on and revised by the Committee from time to time and are payable as agreed upon by the member upon application for membership. v. Membership will be terminated instantaneously in the event that a. a member resigns in writing. Resignation is subjected to membership fees being paid in full. b. a member neglects to pay his/her membership fees and continues to refrain from paying such for 30 days after a written reminder from the Committee. c. the Committee expels a member after finding valid reason to do so. 6. MANAGEMENT i. The Committee is elected on a yearly basis at the AGM and consist of minimum five members and maximum 10 members including the Chairperson and Vice Chairperson. ii. The nomination of candidates by members of the club must be done on the prescribed nomination form and submitted to the Chairperson no later than seven (7) days before the AGM. iii. The election of the Committee members is decided by way of voting either by ballot paper or by way of raised hands. A member is elected only by a ruling majority. iv. Management reserves the right to select a maximum of five additional members to serve on the Committee. These selected members will have full rights to vote at Committee meetings. v. A quorum at all Committee Meetings shall consist of not less than 50% of Management plus one member.

vi. Vacancies that may occur during the year are filled by the Committee. vii. Any member of the Committee can be expelled from the Committee in the event of the said member not attending three (3) consecutive meetings without apology. viii. An attendance register of all Committee meetings must be kept by the Secretary. ix. The Committee will control any affairs subjected to the provisions of the Constitution, and will be allowed to organise any fundraising. 7. GENERAL MEETINGS OF MEMBERS i. The AGM of all members of the club is held within sixty (60) days after the financial year end with the purpose of electing a new Committee as well as assessing the reports of the Chairperson and the Coach as well as the financial statements of the club. ii. A Special AGM of members might be called by the Secretary under orders of the Committee, or at the written request of at least ten (10) members of the club wherein the purpose of such a meeting is stated. iii. Notice of the AGM will be given to club members via electronic mail, sms and/or telephonically at least seven (7) days before the set date of the AGM or Special AGM. iv. A quorum consists of ten (10) members at an AGM or Special AGM. v. The right to vote at an AGM or Special AGM is subjected to membership fees being paid in full and is restricted to members over the age of 18 years. 8. FINANCIAL BOOKS AND STATEMENTS i. Appropriate books and accounts will be kept of any money received and/or paid. ii. Financial statements of any money received and/or paid will be disclosed at the AGM. iii. The financial year of the club extends from 1 April to 31 March of the following year. 9. BANK ACCOUNT i. All monies received are to be paid directly into the banking account of the club. ii. Any payment made by the club, be it electronically or otherwise, must be authorized by the Treasurer and one other member of the committee as appointed by the committee. iii. Before money can be withdrawn from any deposit account held by the club it must be approved by 80% of the elected committee for the current year.

10. SWIMMING MEETS All galas arranged by the club must be in accordance with the rules of SSA and FSA. 11. SWIMMING ATTIRE The official colours of the club will be as determined by the Committee. 12. COMPLAINTS All complaints must be set in writing and directed to the Secretary for the attention of the Committee. The Committee s decision relating to any such complaint will be final. 13. RULES For the disciplined management of the club the Committee will determine the club rules and all members are bound to adherence to these rules. A copy of the rules will be disseminated to each member of the club at the beginning of the season. 14. INTERPRETATION The Committee will settle any differences concerning the interpretation of club rules and/or this Constitution and the decision of the Committee will be final. 15. AMENDMENT OF THE CONSTITUTION This Constitution can be amended at an AGM or Special AGM by two third majority provided that suitable written notice has been given to all members at least three (3) weeks prior to the commencement of such AGM or Special AGM which will be considered ample time to explain the proposed amendment/s. 16. COACHING i. The Committee will appoint the Head Coach who will be in charge of all coaching at the club. ii. The Head Coach will determine the coaching fee and will control all finances relating to coaching fees.

iii. The Head Coach will be authorised to appoint additional coaches at his/her discretion and will be responsible for managing the finances relating to such. iv. The Head Coach will report to the club on the results of coaching at the AGM. 17. DISBANDMENT i. If two thirds of all members at a properly constituted AGM decide in favour of disbanding the club, the OTTERS AMATEUR SWIMMING CLUB of Bloemfontein will cease to exist. ii. After disbandment all assets of the club will be paid over to FSA by the Chairperson and Secretary, and, if FSA does not exist anymore, the money will go to any educational institution of the Committee s discretion at such time. 18. CONSTITUTION BINDING ON MEMBERS This Constitution is binding on all members of the club. THIS CONSTITUTION HAS BEEN ACCEPTED AT AN AGM OF THE CLUB HELD ON 20 MAY 2011 AT BLOEMFONTEIN. CHAIRPERSON SECRETARY

Schedule I PRELIMINARY NOTE: This Code of Conduct is an annexure of the Constitution of Free State Aquatics ( FSA ), by which provisions the individual members are bound. As a result of the administration and governance of swimming in the Free State, Otters Amateur Swimming Club and its individual members are members of FSA and as such are bound to this Code of Conduct. In light of this any reference to FSA in this Code of Conduct will also refer to Otters Amateur Swimming Club where it is reasonable to interpret the reference as such. CODE OF CONDUCT All bona fide individual members agree on signing the SSA Capitation Form that: 1. This Code of Conduct is an annexure of the Constitution of Free State Aquatics ( FSA ), by which provisions the individual members are bound. 2. To ensure and maintain the highest level of professionalism in the sport, they will be bound by this Code of Conduct ( the Code ) whether in or out of administration, competition or officiating, within or outside the borders of the Republic of South Africa, whether as an amateur or a professional, or at any time whatsoever whilst in membership with FSA. 3. They will conduct themselves in a proper and professional manner, so as not to bring anyone, including the individual member, the Republic of South Africa, SSA, FSA the team management, sponsors, or any entity associated with the sport, into disrepute or censure, and at all times the member will act in the interests of the sport in accordance with the directives of FSA and the team management, where applicable. 4. They will conduct themselves in such manner which will ensure optimal fitness, health and performance in order and to perform to their best ability at all times. 5. They will not take any prohibited or banned substance as determined by FINA and/or the International Olympic Committee ( IOC ), or any organiser, and in this regard, confirm that any such transgression, whether intentional, negligent or innocent, constitutes a breach of this Code of Conduct, as a consequence of which the member shall be liable to the appropriate sanction. 6. They agree to undergo such medical or other testing as may reasonably required by FSA, SSA, FINA, IOC, competition organiser, or a duly appointed authority, in order to determine whether the member has transgressed any provision regarding banned or prohibited substances as mentioned above. 7. When selected to represent any team associated with FSA, whether on an international, national, regional or local basis, or the like, will agree to achieve and maintain their optimal fitness and health in order to perform to the best of their ability. 8. They shall at all times make a full declaration to FSA of any factor which may affect their performance due to physical, mental or for any reason whatsoever. 9. All team members agree to conduct themselves in such a manner so as not to endanger their health, fitness or well being, and agree to ensure that their health and well being is maintained at all times before, during and after a tour and/or competition. 10. All team members shall comply with all decisions and instructions given and made by FSA, it s duly appointed and authorised representatives, officials and/or proxies. 11. They shall comply with the rules and regulations of any event organiser in which the individual members are participating. 12. To comply with the dress code determined by FSA, including but not limited, to the wearing of the appointed uniform and/or clothing and/or kit for travelling, training and competition and for designated functions, awards, ceremonies, etc. 13. No team member shall wear any clothing, kit, etc that has not been approved by FSA or the event organiser. 14. Team Members agree to travel to and from competitions in accordance with the manner and directions of FSA and/or its duly appointed representatives, and in this regard, shall as far as is practically possible, travel together as a team.

15. Team members agree that at all times, whilst travelling to and from and while on tour, or meetings, to stay in the accommodation provided by FSA, and further agree to be subject to and comply with all directions and orders of FSA, its duly authorised representatives, team officials and the proxies. 16. In the case of minors, their parent/s and/or legal guardian/s of any team member agree in writing that FSA and/or its duly authorised representatives shall have the authority of in loco parentis to exercise any control over such minor team member, in the interests, health and well being of the member, FSA, the sport, other team members and any other authorised persons. 17. They will not make, comment, issue, authorise, offer or endorse any public criticism or statement having or designed to have an effect prejudicial to the best interested of the sport, FSA, team members, other competitors, organisers or any other person or body whatsoever. In this regard members are only permitted to comment about their own personal performances and prospects. 18. Whilst as a member of a team or a competition, they will not act as a journalist, contributor to articles, or give interviews to the print or electronic media without having obtained the prior written permission of FSA. 19. Unless authorised by FSA and/or its duly authorised representatives, the members shall not smoke, consume alcohol or imbibe any substance banned by SSA, FINA, IOC, organisers, or any substance declared illegal by any due authority. 20. They will act in accordance with the directions and in the interests of sponsors as approved by SSA and FSA and to provide the sponsors with the appropriate exposure whilst a team member, or at any time whilst receiving any benefit from such sponsor. In this regard, members agree to, as is reasonably required, appear in advertisements for such sponsors for no remuneration, unless authorised by FSA. 21. They shall not advertise, be associated with, or endorse any product or service which is illegal, immoral, or contrary to the interests of any official sponsors of SSA and FSA or its events or competitions and/or any products, services, promotions, commercials, advertisements, or the like which are not sanctioned by SSA and FSA. 22. They will use their best endeavours to ensure compliance with this Code of Conduct, acknowledging that adherence hereto is vital to the maintenance and promotion of aquatics as a code governed by SSA in and outside the Republic of South Africa. 23. Notwithstanding anything to the contrary contained herein or in the constitution, FSA and/or its duly authorised representatives, shall have the power to hold a summary disciplinary enquiry over any team member, and to terminate such a team member s membership and/or participation in any tour or team, and to order such a member to return at the members own cost, notwithstanding FSA s right to recover any damages suffered by it and/or its sponsors as a result of such termination. 24. It is incumbent upon members to familiarise themselves with the contents of this Code of Conduct. Failure to do so will in no way constitute or cause any member to be exempt from the provisions of this Code of Conduct. 25. Any breach of any provision of this Code shall be deemed to be a serious offence in terms of the Constitution and, as a consequence will be subject to sanction as provided by the Constitution. 26. Once the individual member has been selected to represent FSA in any capacity, he/she expressly agrees that FSA shall not, in any circumstances whatsoever, be under any liability whatsoever for any loss, damage or injury of whatsoever kind arising directly from any act, neglect or default on the part of FSA and connected with his or her membership of the team. 27. The individual member hereby indemnifies and will at all times hereafter sufficiently indemnify and keep fully indemnified, FSA and its appointed Team Officials from all actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be taken or made against FSA or incurred or become payable by injury and hereby agree (without obligation upon FSA to do so) that FSA may act as the agent in incurring such expenses, and/or do whatsoever is reasonably necessary for his/her benefit in connection with or arising out of any such loss, damage or injury. 28. This agreement shall be interpreted in accordance with the Laws of South Africa.