Conditions of Entry to The W&SR Open Water Swim
Please also read the WSR Safety Policy
1.1 By submitting your application you are agreeing to enter the Event and also agree to abide by these Conditions of Entry and any instructions given to you by the organisers and officials of the Event.
1.2 To participate in the Event, you must be at least 14 years of age on 21st August 2011.
1.3 Entry to the event can only be made in advance at http://www.wsrswim.org.uk and by the mechanism therein. Entries by any other method (eg postal, phone etc) will not be accepted.
1.4 Entries on the day will not be accepted.
2.1 An entry fee of £25 per person is payable for entry in either event (Standard or Advanced).
2.2 Entries are not confirmed until the Entry Fee has been paid through http://www.wsrswim.org.uk by the mechanism therein. Entry fees will not be accepted by any other method.
2.3 On payment of an entry fee, that person’s entry into the event is confirmed. Subsequent cancellation of entry and refund of entry fee (notwithstanding the conditions set out below) will be solely at the discretion of the Event organisers.
3. EVENT SAFETY
3.1 At all times during the Event you must adhere to all instructions given by the Event officials.
3.2 Your participation in the Event is personal to you, you are strictly prohibited from swapping, selling or transferring your place in the Event or allowing any other person to wear your swim hat and participate in your place. If you are found to be in breach of this Condition 3.2 we reserve the right to exclude you from participation in future Events.
3.3 You are not permitted to use the following items in the Event:-
3.3.2 hand paddles;
3.3.4 personal audio entertainment equipment (e.g. mp3 players); or
3.3.5 any other floatation device or swimming aid that could potentially inhibit the flow of safety of other participants or which we, in our reasonable opinion, deem may cause danger or risk of danger to you or other participants.
3.4 No fancy dress will be permitted that will inhibit the participants ability to swim safely or may cause danger or risk of danger to other participants.
3.5 You warrant to the Organisers that you are, and will be on the date of the Event, sufficiently fit and healthy to participate in the Event unaided and in accordance with the Agreement, and have undertaken appropriate swim training to enable you to complete the distance of the Event that you have entered.
4. EVENT EJECTION
4.1 We reserve the right to refuse entry to the Event or ask you to cease participation if:-
4.1.1 you fail to follow instructions given by Event officials;
4.1.2 you attempt to participate in the Event in a manner that we, acting reasonably, believe:-
(a) may cause injury to you;
(b) may cause injury to another participant;
(c) may damage or harm the environment;
(d) is likely to cause offence; or
(e) otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 3 above (Event Safety);
4.1.3 in our opinion you are unfit to participate in the Event due to:-
(a) the consumption of alcohol;
(b) the use of drugs;
(c) an injury or illness; or
4.1.4 you fail to arrive at the event, attend the safety briefing, or arrive at the start check, at the specified times; or
4.1.5 you fail to sign the form setting out the Liability Release and Assumption of Risk prior to the start of the Event; or
4.1.6 you are unable to make sufficient progress in the Event to allow you to complete the event in line with timelines set by Event officials in their absolute discretion and as identified by the last support craft.
4.2 If you are ejected or prevented from taking part in the event due to one or more of the conditions listed above, your entry will be void and entry fee will not be refunded.
6. CANCELLATION BY THE ORGANISERS
6.1 We may cancel the Event if circumstances beyond our reasonable control arise, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions, water quality or water temperature below 12 degrees.
6.2 In such circumstance:-
6.2. Any change to the Event will be communicated to you at the Event or sooner if practicable;
6.3 you will have the right to take part in the re-staged Event; or
6.4 you will have the right to a refund of your entry fee
6.5 If in the following circumstances:-
6.5.1 we cancel the Event if circumstances beyond our reasonable control arise, or
7. DATA PROTECTION
7.1 You agree that your name and contact details can be used by the Organisers and our Event partners for the purposes of:-
7.1.1 the promotion and marketing of the Event;
7.1.2 adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities;
7.8 By agreeing to the terms and conditions you will receive a limited number of welfare emails which will include information to help prepare for the Event and latest updates on the Event itself.
8. CHANGES TO THE EVENT
8.1 The Organisers reserve the right to reduce the course distance, change the course, or make any other amendment to the Event that we deem necessary to stage the Event. Any change to the Event will be communicated to you at the Event or sooner if practicable.
8.2 Should the course distance be reduced as per clause 8.1 above for the avoidance of doubt you agree that the Event is still deemed to be staged and that we will not be liable to you for any refund.
9. USE OF IMAGE
9.1 The Event may be televised and photographs may be taken which capture your participation in the Event. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in the Event in the context of a report which relates solely to the Event as such.
9.2 Your photograph, image, name or voice will not be used in any other specific broadcast, telecast, advertising, promotion or other medium without your consent.
10. VISUALLY IMPAIRED / MEDICALLY ASSISTED SWIMMERS
Entries from visually impaired swimmers or medically assisted swimmers are welcome, however all such participants must be accompanied by another paying entrant. All such entrants must contact the Organisers prior to the entering and we will be able to advise you on your participation.
11. MEDICAL ADVICE
11.1 It is strongly recommended that you train for the Event and prepare for the challenge. If you have not exercised before or for some time, you should consult your doctor before commencing your training for the Event.
11.2 If you have any known condition (such as diabetes, asthma, allergy to penicillin) you should inform the Organisers in writing before the Event
11.3 There are risks of disease from swimming in United Kingdom inland waters, although risks of serious infection are minute. A swimmer may be susceptible to infection through immune suppression, particularly if he or she is not in good health at the time of swimming.
11.4 Whether you have a medical condition or not, if you feel unwell on the day of the Event then you are advised not to participate in the Event.
12. ASSUMPTION OF RISK
12.1 By making an entry to the Event you agree to sign a form setting out the Liability Release and Assumption of Risk prior to participating in the Event.
13.1 In no event shall we be liable to you, whether for breach of contract, any tortious act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:
13.1.1 loss or damage;
13.1.2 pledges made on your behalf or by you to charity; or
13.1.3 consequential or indirect loss, regardless of whether the loss or damage:
(a) would arise in the ordinary course of events;
(b) is reasonably foreseeable; or
(c) is in the contemplation of the parties, or otherwise.
13.2 Nothing in this Agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
14.1 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
14.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
14.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
14.4 Nothing in the Agreement shall have the effect of holding the Partners out as being a partnership, joint venture, principal or agent of each other or of the Organisers.