Event terms and conditions
1.1. “Conditions” means these terms and conditions of entry for the Event.
1.2. “Deferred Entry” means that in the event that the Participant withdraws from the Event 30 days or more before the commencement of the Event weekend, he/she will receive no refund but, upon request, the Event Organiser will provide the Participant with a free of charge entry in the same Event the following year, provided the Event takes place and that the Participant retrieves their place within the stipulated time limits for such Event.
1.3. “Alternative Event” means adjusted swim distances.
1.4. “Entry Fee” means the price of entry into the Event as set out in the Entry Form.
1.5. “Entry Form” means the website pages which must be completed in order to participate in the Event.
1.6. ”Event” means the event named on the Entry Form.
1.7. “Event Category” means the different race categories or streams within the Event.
1.8. “Event Information” means any and all information provided by the Event Organiser in relation to the Event.
1.9. “Event Organiser” means Twin Moors Ltd a company registered in England & Wales with company registration number 11443509.
1.10. “Registration Desk” means the official information desk run by the Event Organiser for the duration of the Event.
1.11. “Online Entry Portal” means the Event Organiser’s online registration system participants must use in order to apply, register and pay for their entry to the Event.
1.12. “Participant” means the person named on the Entry Form who will be participating in the Event.
1.13. “Race Pack” means the official pack issued by the Event Organiser to the Participant containing all relevant Event materials.
1.14. “Withdrawal” means once the Participant has received written (via email or post) confirmation from the Event Organiser acknowledging the Participant’s request to withdraw from the Event.
1.15. “Skins” means swimming without a wetsuit.
Acceptance of Conditions
2.1. These Conditions shall apply in place of, and prevail over, any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Participant or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. A variation of these Conditions is only valid if the Event Organiser gives notice to the Participant in writing in any official Event material or correspondence prior to the Event (including via email). The Participant shall be deemed to have accepted these Conditions upon completion of the Entry Form. Any references to ‘participants’ shall include the Participant.
3.1. The Participant acknowledges that participation in the Event is physically strenuous. It is acknowledged that participation in the Event will be physically demanding and the Participant is aware of the nature of the Event and associated medical and physical risks involved. The participant acknowledges that the Event Organiser strongly advises all participants to attend a coached introduction to open water swimming prior to their participation in the Event.
3.2. The Participant agrees that: (i) he/she is physically capable of competing in the Event; (ii) he/she shall be solely responsible for his/her actions; and (iii) the Event Organiser, its officers, employees, agents, affiliates, associated companies, sponsors or medical advisers are not responsible for any injury or illness that the Participant may suffer as a result of his/her participation in the Event (unless caused due to the negligence of the Event Organiser). The Participant accepts that, should any medical or physical condition arise prior to the Event which is likely to affect his/her ability to compete, the Participant will withdraw in accordance with these Conditions. The Participant acknowledges the exclusion of liability and indemnity provided in clause 6 of these Conditions.
3.3. The Participant agrees to abide by all applicable rules and regulations of any relevant sporting governing bodies that may oversee the Event. The Participant shall not be entitled to a refund of the Entry Fees if he or she is disqualified from the Event as a result of an infringement of these Conditions or any such rules and regulations. The Event Organiser and/or owners of the venue where the Event is conducted are also entitled to impose additional Event rules upon the Participant from time to time which will be provided or made available to the Participant and will form part of these Conditions.
3.4. The Participant must complete the registration process (including, if required, to receive the pre-race briefing) at the times and on the day as instructed by the Event Information, which will be issued by the Event Organiser before the Event.
3.5. The Event Organiser may introduce cut off times as it sees 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, participants may be instructed to withdraw from the race in accordance with imposed cut off times.
3.6. Unless otherwise notified by the Event Organiser swimming wetsuits are compulsory for open water. It is the Participant’s responsibility to provide and use a wetsuit suitable for the event. Participants without a full wetsuit or swimming “Skins” will need to submit evidence of their ability and experience for the required distance at least two weeks before the event, otherwise they will only be allowed to compete in a wetsuit and will not be refunded their Entry Fee.
3.7. The Event Organiser reserves the right at any time to remove the Participant from the Event or prevent the Participant participating in the Event if in the Event Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the Event by other participants or for any other reasonable reason. No refund of the Entry Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the Event or other participants, so as to cause his/her removal.
3.8. At Race Registration at the Registration Desk, the Participant must produce appropriate photographic identification acceptable to the Event Organiser (such as drivers licence or passport) in order to collect their Race Pack. The Participant understands and acknowledges that the Registration Desk may be busy at periods during the Event, therefore the Participant must ensure he/she allows a reasonable amount of extra time to register.
3.9. While the Event Organiser takes every care with the staging of the Event, the Participant acknowledges that no insurance is taken out by the Event Organiser on the Participant’s behalf. Therefore, any and all insurance (including personal accident or personal items insurance) is his or her sole responsibility. In particular, the Participant acknowledges that any Withdrawal on medical grounds will not entitle them to a refund etc. other than as detailed at Clause 5 below and any insurance to cover this is their own responsibility.
3.11. The minimum age of entry for the Event is 17 years old. Younger swimmers will be allowed to take part after confirming ability and experience with the Event Organiser. Details for requirements can be requested via [email protected]
3.12. All decisions and rulings by the Event Organiser, its employees and its agents are considered final. Accordingly, the Participant will comply with all Event rules and all instructions and guidelines given by stewards, marshals, and safety personnel. The Participant acknowledges and agrees that the Event 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.
3.13. These Conditions and the entry into the Event are personal to the Participant and he/she may not assign any of his/her rights or obligations under this Agreement without the prior written consent of the Event Organiser. The Participant represents and warrants that the entry is purchased for personal use only, that it cannot be donated free of charge or otherwise given away, and that it is not purchased as part of any form of business or commercial activity (save as expressly authorised by the Event Organiser), and in particular, that the entry may not be resold or offered for resale by anyone whether at a premium or otherwise and may not be used for advertising, promotion use as a prize (including in competitions and sweepstakes), travel packages, or for any other trade purposes. Donation, give away, resale or attempted resale is grounds for seizure or cancellation without refund or other compensation.
3.14. The Participant acknowledges and accepts that circumstances concerning an Event may change from time to time for reasons out of the Event Organiser’s reasonable control or otherwise, without the Event Organiser incurring any liability and without any rights to Withdrawal being accrued by the Participant other than set out in clause 5 below. By way of example, and for illustration purposes only, rules regarding wet suits and the exact route of any part of the Event may change but such changes/issues will not allow the Participant to withdraw and nor will the Event Organiser be deemed liable except as otherwise set out herein.
Bookings and Payments
4.1. In consideration for being granted the right to participate, the Participant must pay the Entry Fee by no later than the closing date set out on the Entry Form.
4.2. The Participant shall complete the Entry Form online and submit it together with payment of the Entry Fee online in accordance with the Event Organisers’ website.
4.3. The Participant 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.
Withdrawal, Cancellations or Alterations
5.1. The Event Organiser reserves the right to alter the start time of the Event. In the event of a change of start time the Participant 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.
5.2. The Event Organiser reserves the right to change the date of the Event. In the event of such change of date of the Event, where the Participant is unable to attend on the revised date, he/she has fourteen (14) days to inform the Event Organiser in writing from when the change in date is announced to receive a full refund of their Entry Fee.
5.3. The Participant acknowledges that Participant places are limited and payment of the Entry Fee and reservation of the place has an affect on logistics and the subscription for the Event. Accordingly, subject to clauses 5.2 above, the Participant may only withdraw from the Event at any time, subject to the following:
5.3.1. if the Participant withdraws from the Event thirty (30) days or more before the commencement of the Event weekend he/she will receive no refund but upon request the Event Organiser will provide the Participant via email with a place free of charge in the same Event the following year, provided such event takes place (i.e. the Deferred Entry as defined in the definitions above). To secure their place the Participant must complete the online entry process via the Online Entry Portal at the earliest possible date. Deferred Entry will not be permitted to an event which is already fully subscribed so it is the Participants responsibility to ensure they complete in the entry process in time. The Participant shall only be entitled to roll entry over once and it must be for the following year;
5.3.2. if the Participant pulls out of the Event with less than twenty nine (29) days to the commencement of the Event weekend, or if the Participant fails to register for the Event, he/she will receive no refund or Deferred Entry for any future race or event.
5.4. No Participant shall be entitled to change the Event Category further to submitting the Entry Form.
5.5. Notice of Withdrawal from the Event must be communicated by emailing [email protected]stating clearly your desire to withdraw and putting the word WITHDRAWAL in subject line of the email, or by writing to the Event Organiser at Twin Moors Ltd, The Courtyard Cottage, Georgeham, Braunton, Devon, EX33 1JN. Withdrawals WILL NOT be accepted by telephone. Date of receipt of notice will dictate whether or not a Deferred Entry or Reserved Entry place is offered for the following year in accordance with this clause 5.
5.6. The Event Organiser will use its reasonable endeavours to offer the Participant his/her desired Event Category however the Event Organiser cannot be held responsible for its availability. All places including Deferred Entry places are dictated by capacity and subject to availability at the time of application. Should places in any Event Category of the Event be oversubscribed, the Event Organiser reserves the right to either offer the Participant a place in a suitable alternative Event Category for such Event or withdraw the offer of a place.
5.7. In the event the Event Organiser withdraws the offer of a place to the Participant in the Event for any reason at any time it will provide the Participant with a full refund of the Entry Fee, with no further liability whatsoever arising from such Withdrawal. Notwithstanding this clause 5.8 no refund shall be made unless otherwise set out herein (including (but not limited to) for the avoidance of doubt clauses 3.3, 3.7 and 3.8).
5.8. The Event Organiser reserves the right to amend the Event format or distances at their sole discretion (such as by way of illustration from a long course swim to a short course) or cancel the Event due to circumstances beyond its reasonable control or for any safety related reason. In the event of the Event being cancelled it shall provide the Participant with a full refund with no further liability whatsoever arising from such cancellation. If the event is changed to a shorter swim the Participant will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format.
Event Organiser Responsibilities/Liability
6.1. Notwithstanding anything in these Conditions, the Event Organiser shall not be liable to the Participant for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Participant or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting the Entry Form) arising out of the Participant taking part in the Event or any other matter arising under these Conditions nor for an aggregate amount greater than the Entry Fee paid by the Participant. Without limiting the foregoing, the Event Organiser will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
6.2. Accordingly the Participant hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Event Organiser, its officers, employees, suppliers and/or sponsors and/or persons for whom it is answerable (“Associated Parties”) as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Participant, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Participant’s participation in Event, and the Participant hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Event Organiser, and the Associated Parties for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made. The Participant also agrees to indemnify the Event Organiser and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Participant’s declarations above and/or the Participant’s negligent acts or omissions and/or wilful misconduct.
6.3. Nothing in these Conditions shall exclude or limit the liability of the Event Organiser:
6.3.1. for death or personal injury caused by the Event Organiser’s negligence;
6.3.2. for fraud or fraudulent misrepresentation; or
6.3.3. for any matter which it would be illegal for the Event Organiser to exclude or attempt to exclude liability.
6.4. This clause 6 shall be read and construed and shall have effect subject to any limitation imposed by any applicable law.
Publicity and Results
7.1. The Participant irrevocably consents to:
7.1.1. his/her appearance in the Event being filmed, recorded, incorporated and exploited in whole or in part in any television programme, film, video or broadcast of whatever nature by all means and in all media and formats now or invented after the date of these Conditions by the Event Organiser and its Associated Parties; and
7.1.2. the use and reproduction by the Event Organiser and its Associated Parties of the Participant’s name, likeness, appearance and photographs, films and recordings by all means and in all media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event (and future events) and/or the promotion of the Event (and future events) and the commercial rights relating to the Event (and future events) provided that such use does not imply direct endorsement by the Participant of any official sponsor or supplier of the Event.
7.2. Any film, photographs (by camera or mobile phone), or any other recording of moving or still picture, and all intellectual property in connection therewith (including but not limited to copyright) shall remain the property of the Event Organiser, and where such intellectual property does not automatically vest in the Event Organiser, these Conditions shall constitute a legally binding assignment thereof and/or the Participant shall sign all reasonable documentation required to give affect thereto. Accordingly any such recording shall not be used other than for private use without the Event Organiser’s prior written consent.
7.3. The Event Organiser will use reasonable 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.
8.1. These Conditions (and the documents referred to therein) constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Event. The Participant acknowledges and agrees that in submitting the Entry Form (and the documents referred to therein) it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to these Conditions or not) other than as expressly set out in these Conditions.
8.2. Nothing in these Conditions shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute either party as agent of the other for any purpose whatsoever and neither party shall have authority or power to bind the other or to contract in the name of the other in any way or for any purpose.
8.3. No waiver by either party of a breach or a default hereunder shall be effective unless in writing and signed by both parties and any such waiver shall not be deemed to be a waiver of any subsequent breach or default of the same or similar nature.
8.4. To the extent permitted by law all provisions of these Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Conditions so far as possible.
8.5. These Conditions shall be interpreted in accordance with the laws of England and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English Courts.