To Henley Swim events
1. ENTRY
1.1 By submitting your 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.
1.2 Included in your race pack issued before the Event will be an electronic chip to record your time; this should be used in accordance with the instructions in the information pack. You agree to return the electronic chip at designated points located near to the finish line of the Event or within 21 days by post to The Henley Swim, c/o Thameside (Pensions & Investments) Ltd, PO Box 50, Chinnor, OX39 4UZ. 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 14 years of age on 24th June 2012.
2. FEES
2.1 The Fees for entry into each Event are detailed on the relevant Event information page. With exception of the Henley Classic, which is now run by a Lottery Entry, applications will be accepted up to the entry limit. Entries will be rejected after the publicised closing date of each event, which can be found on the relevant Event Information page and entries page of the Henley Swim website, 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:-
3.3.1 flippers;
3.3.2 hand paddles;
3.3.3 snorkels;
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 start check in at the specified time; or
4.1.5 you fail to agree to 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.
5. CANCELLATION BY YOU
5.1 You should inform the Organisers immediately, in writing to entries@henleyswim.com if you incur an injury or develop a medical condition which 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 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:-
6.2.1 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 in the following circumstances:-
6.4.1 we cancel the Event if circumstances beyond our reasonable control arise, or
6.4.2 we cancel the Event in accordance with Condition 6.2,
The Organisers reserve the right to retain £10.00 from the refund of the Fee as a contribution to administration costs.
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 can 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 which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities;
7.5.3 promotional and marketing material in respect of similar events, 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; or
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 entries@henleyswim.com.
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 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.
9.3 Whilst we will make reasonable endeavours to capture a photograph of every event participant we do not offer a guarantee that images will be captured.
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 entries@henleyswim.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 entries@henleyswim.com.
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. LIABILITY
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; 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. GENERAL
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.
Waiver
Please read this element carefully because ticking the box, as this indicates that you are waiving certain legal rights.
- If you have any questions consult the event organiser or an attorney before ticking the box to signify your understanding.
- I hereby affirm that I have been thoroughly informed of the risk involved with any open water swimming activity.
- I understand that open water swimming may involve inherent risks, including but not limited to marine life injuries, drowning 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 Henley Swim (hereinafter referred to as “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 within the rowing booms/course at all times.
- I 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 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, including the Released Parties, whether passive or active.
- 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 Released Parties 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 Released Parties 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 this event, 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 signing this document 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 sign this liability release, 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 signature below.
- It is my intention 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.
- I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT BEFORE SIGNING IT ON BEHALF OF MYSELF AND MY HEIRS.