As this is a Virtual Event, swimmers are responsible for their own safety. The organisers will not provide volunteers, stewards or medical personnel assistance. All risks are the swimmers own, please ensure that you are medically fit to take on this challenge, and swim in a safe and supervised environment.
TERMS & CONDITIONS OF ENTRY
DEFINITIONS
Brass Monkeys Challenge is a virtual event organised by Open Water Swimming Ltd.
Fees relates to any event fees that are payable to participate in the event.
Organiser is Open Water Swimming Ltd.
Agreement is the Terms and Conditions relevant at the time of entry.
1. ENTRY
1.1 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.
2. FEES
2.1 The Fees for entry into each Event are detailed on the relevant Event information page. Applications will be accepted up to the entry limit.
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. REFUND POLICY
No refunds are available for this virtual event. If after registering you subsequently decide not to take part, for any reason, your entry fee will not be refunded.
4. DATA PROTECTION
4.1 For the purposes of this Condition, personal information includes medical data collected for health and safety purposes (“Personal Information”).
4.2 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.
4.3 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.
4.4 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:-
4.4.1 used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions;
4.4.2 disclosed to any person not authorised by you to receive it; or
4.4.3 altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).
4.5 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.
5. MEDICAL ADVICE
5.1 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.
5.2 There are risks of disease from swimming in United Kingdom inland waters and seas, 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.
6. ASSUMPTION OF RISK
6.1 By making an entry to the Event you agree to the Liability Release and Assumption of Risk prior to participating in the Event.
7. LIABILITY RELEASE
7.1 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:
7.1.1 loss or damage;
7.1.2 pledges made on your behalf or by you to charity; or
7.1.3 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.
7.2 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.
8. GENERAL
8.1 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
8.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
8.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
8.4 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.
9. 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.
WAIVER AND ASSUMPTION OF RISK
Please read this element carefully before accepting these conditions as part of your entry, as this indicates that you are waiving certain legal rights.
If you have any questions consult the Event Organiser or a lawyer before proceeding with your online entry to clarify 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 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, 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 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.
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.
By completing my online entry I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT.
