TERMS & CONDITIONS OF ENTRY to Boulter’s to Bray Swim Events

1. DEFINITIONS

Event is any event organised by The Boulter’s to Bray Swim Trust.

Fees relates to any event fees that are payable to participate in any of the events.

Organiser is The Boulter’s to Bray Swim Trust.

Agreement is the Terms and Conditions relevant at the time of entry.

2. Entry

 

• By submitting your online application and paying your Fee 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. This also includes any entries made for you on your behalf by a third party.
• To participate in the Event, you must adhere to the strict age rules that are detailed in the terms of entry for each event.

 

3. Fees

 

• The Fees for entry into each Event are detailed on the relevant Event entry Applications will be accepted up to the entry limit. If the entry limit has not been reached, on-the-day entries may be accepted but cannot be guaranteed.
• All Fees are inclusive of VAT if any.
• If your entry is accepted the Fee is non-refundable other than as otherwise stated in the Agreement.

 

4. Event Safety

 

• At all times during the Event you must adhere to all instructions given by the Event officials.
• 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 we reserve the right to exclude you from participation in this and future Events.
• 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.

 

5. Event Ejection

 

• We reserve the right to refuse entry to the Event or ask you to cease participation if:
  • you fail to follow instructions given by Event officials;
  • you attempt to participate in the Event in a manner that we, acting reasonably, believe:-

 

• may cause injury to you;
• may cause injury to another participant;
• may damage or harm the environment;
• is likely to cause offence; or
• 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 Paragraph 4 above (Event Safety);

• in our opinion you are unfit to participate in the Event due to:-
  • the consumption of alcohol;
  • the use of drugs;
  • an injury or illness; or
• you fail to arrive at the start check in at the specified time; or
• you fail to agree to these Terms and Conditions prior to the start of the Event; or
• 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.

 

6. Refunds

 

• In the event that you cancel an entry you are not entitled to a refund.
• Any confirmed entry that has been deferred from a previous year for any reason is not eligible for a refund.
• • The Boulters to Bray Swim Trust goes to great lengths to bring you events that are as safe as possible. Swimming in The Thames, or any river and lake, means we are subject to additional weather risk and other conditions, that means we may have to re-schedule, re-format (ie: shorten the course) or cancel an event.
  • We bring you these events in utmost good faith and trust that you accept the sharing of this risk with us.
  • We may cancel an Event if circumstances beyond our reasonable control arise, including, without limitation, force majeure or act of God, war, civil or political unrest, terrorism or inclement weather conditions, water quality or water temperature below 12 degrees
  • In such circumstance we will refund to you your entry fee less any reasonable costs that we have reasonably incurred that cannot be cancelled or postponed by ourselves.

 

7. Data Protection

 

• For the purposes of this Condition, personal information includes medical data collected for health and safety purposes (“Personal Information”).
• 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.
• Medical information will only be used to highlight potential issues in advance and to allow medical assistance to be given on the date of the Event.
• 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.
• We shall take all necessary steps to ensure that Personal Information pertaining or relating to you which comes into the possession or control of the Organisers or our Event partners shall not be:-
  • used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions;
  • disclosed to any person not authorised by you to receive it; or
  • altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).
• By agreeing to the terms and conditions you will receive a limited number of emails which will include information to help prepare for the Event and latest updates on the Event itself.

 

8. Timing And Results

 

• The Boulters to Bray Swim Trust will use its best endeavours to provide an event finish time for the participant, however it cannot be held responsible for any computer result anomalies or any technical malfunctions.

 

9. Use Of Images

 

• The Event may be televised and videos 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.
• Your photograph, image, name or voice may 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 entering by email at contact@bouterstobrayswim.org and we will be able to advise you on your participation.

 

11. Medical Advice

 

• 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.
• If you have any known condition (such as but not limited to diabetes, asthma, allergy to penicillin) you should inform the Organisers in writing before the Event at contact@boulterstobrayswim.org.
• There are risks of illness and disease from swimming in United Kingdom inland waters including but not limited to hypothermia and illness from poor water quality. 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. By registering for an event, you voluntarily accept and assume sole responsibility for all risks involved in taking part in the Event.
• 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.
• It is a condition of entry that you read our website regarding safety, plus the Public Health England (P.H.E.) Swim Healthy leaflet.

 

12. Assumption Of Risk

 

• By making an entry to the Event you agree that you understand and accept the risks of swimming in our open water event and as referred to herein, including those in paragraphs 4 and 20.

 

13. Liability Release

 

• 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:
  • loss or damage;
  • pledges made on your behalf or by you to charity; or
  • consequential or indirect loss, regardless of whether the loss or damage:
    • that would arise in the ordinary course of events;
    • is reasonably foreseeable; or
    • is in the contemplation of the parties, or otherwise.
  • 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. General

 

• The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
• If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
• The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
• 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.

 

15. Distance And Course Alteration

 

• You are aware that the Organiser reserves the right to reduce the course distance, change the course, or make any other amendment to the Event that they deem necessary to stage the Event. Any change to the Event will be communicated to you at the event or sooner if practicable.

 

16. Reselling Or Transferring

 

• You agree that participation in the event is personal to you, and that you are strictly prohibited from swapping, selling or transferring your. If found to be in breach of this the organiser reserves the right to exclude you from participation in this and future events.
• Under no circumstances are applicants permitted to defer their entry to another year.

 

17. Cut Off Times

 

• You understand that the Organiser may introduce cut off times as they see fit as part of the event rules, being limits on the time taken to complete sections of the event (as initiated by the Event Organiser at its discretion) to ensure the safe and proper running of the event. Subsequently, competitors may be instructed to withdraw from the race in accordance with imposed cut off times. The organiser’s decision on this is final.

 

18. Online Entry

 

• By submitting an application online and paying a fee for entry into this event you understand and agree to abide by the terms and conditions, the instructions given by the Organiser and race officials.
• You shall not be eligible or entitled to participate in the event until full payment of the entry fee has been received by the event Organiser. No payment shall be deemed to have been received until the event Organiser has received cleared funds.

 

19. Race Mementos

 

• Race mementos or prizes given to competitors on the day of the race cannot be made available to anyone who fails to turn up or who has withdrawn from the event, or who has left the event before the items are distributed. Under these circumstances these prizes will be forfeited by the competitor.
• No prizes will be forwarded to any prize winner post event, unless the competitor requests this by email and agrees to pay all costs/postage.

 

20. Water Quality

 

• Please read this element carefully.
• We test the water quality in the river prior to the Swim. We intend to do this 2 weeks and 1 week prior to the Event.  The result will be published on our website and it is your responsibility to check them.   We send a sample to a laboratory, who test for E Coli and Intestinal Enterococci and they give a result and a grading based on the Environment Agency Guidance for Natural Bathing Water Quality.  This testing format is as recommended by Swim England South West and British Triathlon (Scotland) Water Testing.
• By testing we get an idea of the overall quality of the water. This, however, cannot guarantee that the water quality on any given day will be of a sufficient standard. The results take several days to be analysed, and the nature of the flowing river means that any water tested will quickly move on. Rainfall in the period before the tests will have a big impact on the quality of the water
• Whilst water quality tests provide an indication of the suitability of our venue for open water swimming they do not mean that that there is an absence of potential pathogens. You must adopt the following procedures to minimise the risk of infections.
  • Cover all cuts and abrasions, however minor, with waterproof sticking plasters. You should not consider swimming if you have deep cuts
  • Use hand gel or wipes provided/wash hands in fresh water after you have swum and before you eat
  • Take a full shower at the earliest opportunity
  • Try not to ingest water while swimming
• In addition all swimming kit (wetsuit, costume, goggles, hat) should be washed in clean water and thoroughly dried prior to your next swimming session or event.
• If you have any questions please consult the Event Organiser before proceeding with your online entry to clarify your understanding.

 

21. Acknowledgement

 

• I hereby confirm that I have been thoroughly informed of the risk involved with any open water swimming activity.
• I understand that open water swimming involves inherent risks, including but not limited to marine life injuries, drowning, illness due to water quality or accidents. Treatment of an open water swimming incident or accident with these or other injuries may require immediate medical attention.
• I understand that The Event is at a location that is remote, either by time, distance or both, from a hospital. I still choose to proceed with the event in spite of the increased risk to me because a hospital is not close by in the event that I am injured.
• I specifically understand that I will stay on the course at all times.
• I understand and agree that neither the Organisers of this 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 myself, my family heirs or assigns that may occur as a result of my participation in the event or as a result of the negligence of any party.
• In consideration of being allowed to participate in the event, I hereby personally assume all risks in connection with it, for any harm, injury, or damage that may befall me while I am participating in the event, including all risks connected therewith, whether foreseen or unforeseen.
• I agree to hold harmless the Boulter’s to Bray Swim Trust from any claim or lawsuit by myself, my family, estate, heirs or assigns, arising out of my participation in the event, including any and all claims arising during my practicing and any arising during or after I complete the Event.
• I understand that any swimming activities are physically strenuous and that I will be exerting myself during the event, I expressly assume the risk of any and all injuries, and I will not hold the Released Parties responsible if I am injured as a result of heart attack, panic, drowning or any other cause of injury or death not specifically stated herein.
• I release and grant full and unencumbered rights to the Boulter’s to Bray Swim Trust the use of my filmed/digitised/videotaped/recorded image including any edited, revised or modified versions thereof, as well as my 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.
• I am aware of the prerequisite skill level and/or equivalent swimming experience necessary to participate in these Events, and I stipulate that I meet these requirements.
• I understand that I am responsible for supplying my own equipment in proper working condition, regardless of where I obtained it or from whom.
• I understand that all the terms herein are contractual, they are not a mere recital, and my entering online is done of my own free act and in so doing, I waive my legal rights to sue.
• I state that I am of lawful age and legally competent to make an online entry, or that I have the written consent of my parent or legal guardian to engage in the event under the conditions of this waiver as stipulated by their entering on my behalf.
• By completing my online entry I HAVE FULLY INFORMED MYSELF OF AND ACCEPT THE CONTENTS OF THESE TERMS AND CONDITIONS AND ACCEPT THE RISKS REFERRED TO HEREIN.