1.1 By submitting your application and paying your Fee you are agreeing to enter the Boulter’s to Bray Swim held by the Royal Borough of Windsor and Maidenhead (hereinafter referred to as “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. Your attention is particularly drawn to section 12 below, outlining Liability release and assumption of risk, which you confirm that you have read. If you have any questions, consult the Event Organiser or an attorney before making your entry.
1.2 Included in your race pack issued at the Event will be an electronic chip to record your time; this should be used in accordance with the instructions in the pack. You agree to return the electronic chip at designated points located near to the finish line of the Event. If you fail to return the electronic chip, we will be entitled to charge you £40 for the replacement cost of the chip.
1.3 To participate in the Event, you must be at least 15 years of age on 1 July 2017.
2.1 The Fee for entry into the Boulter’s to Bray Swim is £33, and for the Boulter’s Mile £29. Applications will be accepted up to the entry limit. Entries will be rejected after the publicised closing date, or earlier should the entry limit be reached before this date.
2.2 All Fees are inclusive of VAT.
2.3 If your entry is accepted the Fee is non-refundable other than as otherwise stated in the Agreement.
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 (eg mp3 players)
3.3.5 any other flotation device or swimming aid that could potentially inhibit the flow or 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 participant’s 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
(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
4.1.4 you fail to arrive at the start check-in at the specified time
4.1.5 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.
5. CANCELLATION BY YOU
5.1 You should inform the Organisers immediately, in writing to email@example.com, if you incur an injury or develop a medical condition that prevents you from participating in the Event and need to withdraw. If you provide supporting medical evidence of such injury or medical condition we may, at our discretion, refund the fee.
5.2 We reserve the right to retain £5.00 from any refund given as a contribution to administration costs.
6. CANCELLATION BY THE ORGANISERS
6.1 We may cancel the Event if circumstances arise beyond our reasonable control, including, without limitation, war, civil or political unrest, terrorism, inclement weather conditions, poor water quality or water temperature below 12 degrees.
6.2 In such circumstances:
6.2.1 we will endeavour to stage the Event at a later date. Any change to the Event will be communicated to you at the Event or sooner if practicable
6.2.2 you will have the right to take part in the re-staged Event.
6.3 In the event of cancellation of the Event we will have no responsibility for any costs incurred as a result of cancellation including any travel or accommodation costs, including your travel to the Event location.
6.4 If we cancel the Event due to circumstances beyond our reasonable control, the Organisers reserve the right to retain £10.00 from the refund of the Fee as a contribution to administration costs.
6.5 Please refer to the website for all event updates.
7. DATA PROTECTION
7.1 For the purposes of this Condition, personal information includes medical data collected for health and safety purposes (“Personal Information”).
7.2 You agree that your Personal Information can be stored, used by the Organisers and our Event partners in connection with the organisation, staging and administration of the Event.
7.3 Medical information will only be used to allow medical assistance to be given on the date of the Event.
7.4 You agree that your Personal Information may be anonymised and the anonymised data may be used by the Organisers and our Event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.
7.5 You agree that your name and contact details may be used by the Organisers and our Event partners for the purposes of:
7.5.1 the promotion and marketing of the Event
7.5.2 adding you to a mailing list to keep you informed about any future events and services that we believe you may be interested in, such as leisure activities relating to either similar types of events or activities
7.5.3 the promotion and marketing of similar events, and other community-based activities organised by our Event Partners (together the “Marketing Information”). If you object to such, please see Condition 7.7.
7.6 We shall take all necessary steps to ensure that Personal Information or Marketing Information pertaining or relating to you which comes into the possession or control of the Organisers or our Event partners shall not be:
7.6.1 used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions
7.6.2 disclosed to any person not authorised by you to receive it
7.6.3 altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).
7.7 If you would not like the Organisers or our Event partners to use the Marketing Information or Personal Information other than for purposes related solely to your participation in the Event, please email the Organisers at firstname.lastname@example.org.
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. Check the website for updates.
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 IMAGES
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
10.1 Entries from visually impaired swimmers or medically assisted swimmers are welcome. However, all such participants must be accompanied by another paying entrant.
10.2 All such entrants must contact the Organisers prior to entering by email email@example.com 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 at firstname.lastname@example.org
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.
Please read this element carefully since your entry into the Event indicates that you are waiving certain legal rights.
12.1 You understand that there are risks involved with any open water swimming activity.
12.2 You understand that the Boulter’s to Bray Swim is at a location that is remote, either by time, distance or both, from a hospital and you choose to proceed with the Event in spite of the increased risk to yourself because a hospital is not close by in the event that you are injured.
12.3 You agree to stay within the course at all times.
12.4 You understand and agree that neither the Organisers of this private Event nor the sponsors of the Event, nor any of their respective officers, agents or volunteers (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death, or other damages to yourself, your family heirs or assigns that may occur as a result of your participation in the Event or as a result of the negligence of any party, including the Released Parties, whether passive or active.
12.5 In consideration of being allowed to participate in the Event, you personally assume all risks in connection with it, for any harm, injury or damage that may befall you while you are participating in the Event, including all risks connected therewith, whether foreseen or unforeseen.
12.6 You agree to hold harmless the Released Parties from any claim or lawsuit by yourself, your family, estate, heirs or assigns, arising out of your participation in the Event, including any and all claims arising during your practising and any arising during or after you complete the Event.
12.7 You understand that any swimming activities are physically strenuous and that you will be exerting yourself during the Event. You expressly assume the risk of any and all injuries, and you will not hold the Released Parties responsible if you are injured as a result of heart attack, panic, drowning or any other cause of injury or death not specifically stated herein.
12.8 You release and grant full and unencumbered rights to the Released Parties for the use of your filmed/digitised/videotaped/recorded image including any edited, revised or modified versions thereof, as well as your name, voice and/or likeness, for purposes of promotion, advertising, training materials and trade in any and all media anywhere in the world at any time without limitation.
12.9 You are aware of the prerequisite skill level and/or equivalent swimming experience necessary to participate in this Event, and agree that you meet these requirements.
12.10 You understand that you are responsible for supplying your own equipment in proper working condition, regardless of where you obtained it or from whom.
12.11 You understand that all the terms herein are contractual, they are not a mere recital, and that by entering the Event you waive your legal rights to sue.
12.12 You agree that you are of lawful age and legally competent to agree to this liability release, or that you have the consent of your parent or legal guardian to engage in the Event under the conditions of this waiver.
12.13 You agree to exempt and release all of the Released Parties as defined herein, from all liability whatsoever for personal injury, property damage or wrongful death however caused, including but not limited to the negligence of the Released Parties, whether passive or active.
13.1 In no event shall we be liable to you, whether for breach of contract, any tortuous 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
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
(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.