Terms and conditions

SwimTrek Ltd "Organiser" of the Monster Swim

Unless otherwise advised Monster Swim is operated by or on behalf of SwimTrek Limited a company registered in England and Wales with Company Number 04665463 and having its registered office at 6 Hove Manor, Hove St, Hove, BN3 2DF (“we” or “us” which expression includes our employees, event officials, authorised agents, sub-contractors or volunteers)

To be agreed by the registering participant.

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.

Withdrawal Policy

Credits will be issued after the event and as follows:

  • · Withdrawal dated 8 weeks (61 days) or more before the event = 50% credit.
  • · Withdrawal dated 4 weeks to 8 weeks (30 to 60 days) before event = 25% credit.
  • · Withdrawal dated less than 4 weeks (29 days) before event = No (0%) credit.

Race entries are NOT transferable to any other person or any other event.

You must notify the organiser in writing by email or by post. Date of withdrawal is date of the email or as postmarked on the envelope. Telephone messages are not acceptable. Send your email to: info@monsterswim.co.uk

The organiser reserves the right to withhold £5 of any refund as a contribution to administration costs.

Associated Risk

Loch Ness is one of the coldest bodies of water in the UK and is likely to be between 10-14°C on race day. You are aware of this water temperature and physically strenuous nature of the event and also acknowledge the risks both medically and physically.

You understand that open water swimming is potentially hazardous, and you should not enter and participate unless you are medically able and properly trained.

 

We recommend that you consult your doctor prior to undertaking training for Monster Swim. It is your responsibility to make sure you are medically fit and capable of taking part in the whole of the Event.  We reserve the right, in our absolute discretion, to stop any swimmer from taking part if we deem him or her unfit to take part, including mid-event removal from the water where necessary.

 

If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to or a new medical or physical problem or disability that arises after booking, then we can cancel the booking when we find out the full details if in our reasonable opinion the swim is not suitable for the individual in question. In such circumstances we shall not be liable for any losses or compensation arising.

 

We will need full details from you of any illness, medication currently being taken, known medical conditions and allergies.  This information is required purely to assist in the case of an emergency and will otherwise be kept strictly confidential.

We strongly recommended that you train for the event and prepare for the challenge

Medical treatment while attending an Event

By entering Monster Swim, you are confirming that should you require any medical treatments during your attendance at the Event, whether before, during or after the actual Event, they may be administered by the Events’ official personnel.

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 Organiser prior to entering by email at info@monsterswim.co.uk and we will be able to advise you on your participation.

Wetsuit policy

By entering, you understand that the wearing of a wetsuit is compulsory unless you attend a qualification swim on Friday 17th August 2012 preceding the event where your abilities will be evaluated by the organisers.

Please Note: If you are in any doubt of your tolerance levels, then we would suggest that you arrange to bring a wetsuit along to ensure that you can take part in the swim on the day

Fancy Dress & Swimming Equipment

You are not permitted to use the following items in the Event:

  • Any other floatation device or swimming aid that could potentially inhibit the safety of other participants or which the organiser, in their reasonable opinion, deem may cause danger or risk of danger to you or other participants
  • Flippers
  • Snorkels
  • Personal Audio Equipment.

Minimum ages

I am aware that the minimum age is set by the age I am on the day I participate in the event. Failure to provide ID (as per section Personal Identification of this agreement) to prove ones age will result in an inability to enter the event.

Age Requirements

Distance

Age

½ Mile

14 and above on Race Day

1 Mile

16 and above on Race Day

 

Change of postal address, email address or telephone number(s)

If your postal address, email address or telephone number details change, then you must inform us as soon as possible by emailing: info@monsterswim.co.uk If this is not done, we cannot guarantee that you will receive all event communications.

Rules and Regulations

You agree to abide by all applicable rules and regulations as set by the event organiser; including those set by FINA, British Swimming and the ASA and any other rules and regulations that are relevant to the event. You agree that you will not be entitled to a refund of the event fees if you are disqualified from the event as a result of an infringement of these Conditions or any such rules and regulations.

Insurance

If you are not a UK national we consider comprehensive travel insurance to be essential and you must have such insurance to cover, in particular, illness, accident and emergency repatriation. Such insurance must cover you for open water swimming.  In certain circumstances we may require you to produce evidence of such insurance being in place prior to the swim commencing and if it is not provided then we reserve the right to cancel your booking and in such circumstances we shall not be liable for any losses or compensation arising.

Personal Identification

You agree to complete any registration or ID process in person with relevant and authentic ID (such as driver's license or passport). Failure to do so will result in an inability to compete in the event.

Photography & Comments

We may take photographs, videotapes, motion pictures, website images, recordings of you during the course of any particular swim and may use such photographs on our website or for our own marketing purposes.  Likewise, if you supply any photographs or written comments to us about our swims, we may occasionally use them on our website or for other marketing purposes.  Please write to us if you would prefer that we do not use any such photographs or comments.

Taking part for a charity

If you acknowledge that you are raising funds for charity on the booking form you consent that the Organiser can make your contact details available to the charity concerned.

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.

Timing and Results

The Organiser will use 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.


Timing Chips

If timing chips are used, you understand the failure to return the timing chip at the end of my race may result in a charge of £30.00.

Start Time Alterations

The Organiser reserves the right to alter the start time of the event. In the event of a change of start time the participants will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in start time for an event provided the event takes place on the specified date of the event.

Distance and course alterations

You are aware 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.

Race Format Alterations or Cancellations

We reserve the right, in our absolute discretion, to cancel, delay or postpone the Event due to unforeseen or unavoidable circumstances out of our reasonable control. In such cases we will endeavour to inform participants as quickly as is possible. Where the Event has to be cancelled, delayed or postponed due to circumstances outside of our reasonable control (including for the avoidance of doubt due to adverse weather or water conditions) we shall not be liable for any inconvenience, expenses, costs, losses or damages suffered by participants.  You also agree that contingency times to rerun the event are later in the day on Saturday 18th August and also early morning on Sunday 19th August.

Behaviour

You must be responsible for the behaviour of yourself and your party. In particular we require that all our customers abide by any event rules or other codes of conduct which will be forwarded to you with your Confirmation Invoice or, if not, prior to the swim commencing) and any other regulations that we may reasonably have in force in respect of the swim in question and all instructions given by those supervising any swim.  We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your group by terminating your place in the swim if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any our suppliers, or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your place in the swim due to such unacceptable behaviour or any failure to follow regulations or instructions. In this situation we will then have no further responsibility for you or any other member of your party.

Reselling or Swap

You agree that participation in the event is personal to yourself. 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 found to be in breach of this the organiser reserves the right to exclude you from participation in this and future events


Liability

You agree that on no occasion shall the organiser be liable, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the agreement for any:

  • · loss or damage;
  • · loss of profit;
  • · loss of reputation;
  • · loss of business, revenue or goodwill;
  • · loss of anticipated savings
  • · pledges made on your behalf or by you to charity: or
    • · 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.

Participants accept that open water swimming is only for persons with a high degree of physical fitness and who have undertaken an appropriate training regime.  It is your responsibility to seek appropriate medical advice prior to participation.  Participation in the Event is entirely at your own risk and by entering the Event participants acknowledge that we shall not be liable for death, injury, loss or damage arising from participation in the Event save to the extent that it is caused by our negligence.

 

While the event organiser takes every care with the staging of the event, the participant acknowledges that personal accident and personal items insurance is his or her sole responsibility.

Jurisdiction / Governing Law

We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking or travel must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.


Data protection

You agree for the purposes of this condition, personal information includes medical data collected for health and safety purposes ("Personal Information").

You agree that my personal information can be stored, used by the Organiser and our event partners in connection with the organisation, staging and administration of the Event.

Medical information will only be used to allow medical assistance to be given on the event date.

You agree that your personal information and data may be used by the Organiser and our event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.

You agree that my name and contact details can be used by the Organiser and our event partners for the purposes of:

  • The promotion and marketing of the event;
  • Adding you to a mailing list to keep me informed about any future events and services which you believe you might be interested in, such as leisure activities relating to either similar types of events or activities;
  • Promotional and marketing material in respect of similar events, other community based activities organised by our event partners.

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 Organiser 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.

You are aware that by agreeing to the terms and conditions you will receive a limited number of welfare emails which will include training information and latest updates on the Event itself.

Fees

All Fees are inclusive of VAT at the rate of 20% VAT. If your entry is accepted the fee is non refundable other than as otherwise stated in the withdrawals section.

Cancellation by the Organiser

You are aware that the organiser may cancel the Event if circumstances beyond their reasonable control arise, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions, water quality or water temperature below 10°C.

Final Decision

All decisions and rulings by the Organiser, its employees and its agents are considered final. Accordingly, you agree to comply with all event rules and all instructions and guidelines given by race crew, stewards, marshals, and safety personnel. You acknowledge and agree that the Organiser will organise and run the event and will have sole authority and be the final arbiter on all decisions relating to the safety, running and organisation of the event, the rules of the event, the timings/finish times and the placings.