RULES, TERMS AND CONDITIONS

RULES, TERMS AND CONDITIONS

The Rules, Terms and Conditions serve to reduce risk, set the tone for safety conditions and eligibility to enter the event.

1. Definitions

Entry Fee means the relevant fee (as per Payments and Refunds) for your entry in the Event. By submitting your on line 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.

Event is any event organised by Swimon Pty Ltd, which the participant has entered and is proposed to be conducted, by the Event Organiser on the Event Course on the specified date(s).

Event Briefing means the compulsory briefing for participants to be conducted by the Organiser or Skipper on the date/s of the swim event/s as notified by the Event Organiser.

Event Course means the Course map as shown on your online application and updated from time to time on Swimon Pty Ltd.’s website www.chloemccardel.com.

Event Qualifying Requirements mean the prerequisites for entry as a swimming Participant in the event

Event Website means the website www.chloemccardel.com and any pages within that website.

Harm means death, personal injury (including burns), psychological trauma, loss or damage (including property damage)

Law of the United Kingdom means all acts and statutes enacted and all regulations, bylaws, requisitions or orders made under any Law from time to time.

Maritime Rules mean all statutes, regulations, by–laws, requirements and approvals including conditions under any applicable Law regulating the conduct of boating and recreational and commercial activities on or about the event course.

Event Organiser means Swimon Pty Ltd ABN 18 161 370 412 of NSW, Australia, its director, officers, employees, agents, volunteers and contractors;

Paddler means a person operating a kayak who is supporting a swimmer in the Event.

Participant means a person participating in the Event as a swimmer.

Kayak means a wooden or plastic kayak or any other similar craft that is propelled by paddler.

RIB means any vessel with a Rigid Inflatable Hull.

Skipper means a person in charge of a Vessel. The skipper who is in charge of the mother boat Channel Queen is the Head Skipper and is ultimately responsible for the safety of their passengers (and crew) and all swimmers registered to that vessel.

Skipper Briefing means the compulsory briefing for Skippers to be conducted by the Event Organiser prior to the Event (or any other dates notified by the Event Organiser on the Event Website).

Released Parties means the Event Organiser, Swimon Pty Ltd, swim officials and volunteers, local councils and surf lifesaving clubs, sponsors and suppliers in any way involved in the organisation or conduct of the Event.

Crew means any person involved supporting the event. They may be on the mother boat Channel Queen, in a RIB driving or propelling a kayak.

Terms mean these terms and conditions for entry into the Event that include an exclusion of liability, indemnity and risk acknowledgment.

You means the person completing the online registration personally; and each Participant; and in each case, the person’s heirs, executors and administrators.
Vessel means a motorboat, which is used to support a Participant to participate in the Event.

Pod Swimming means you swim as a group, like a pod of dolphins swim together. More information provided in point 14 below.

 

2. 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 Event Organiser and the Skipper. By making an entry to the Event you agree to the Liability Release and Assumption of Risk prior to participating in the Event.

 

3. Payment

You will need to have met your fundraising commitment of £250 by 9am June 3rd, to be eligible to swim. If you are unable to raise the fundraising money you or someone you know can pay the difference to meet the total.

 

4. Equipment

You are allowed to wear any of the following:

  • One brightly coloured tow float (compulsory)
  • One or more swimsuits made of porous, textile material
  • One wetsuit
  • One or more bathing caps made of latex, silicone, nylon or a neoprene material
  • Booties or gloves made of neoprene material
  • Goggles, earplugs, and nose clips
  • Sunscreen and grease
  • Safety lights for night visibility
  • A watch
  • Nutrition, and personal items in one or more soft bag (no hard out surfaces e.g. wheels or reinforced areas)

 

You are NOT allowed to bring / wear any of the following (reasons stated below each item):

  • Sports tape or any type of taping on your body
    (1) If you are that injured you should not be swimming.
  • Any bags which are not soft bags
    (1) Non-soft bags can scratch or dent the soft teak wood and are also more rigid which makes them harder to store on a boat with limited space.
  • Flippers
    (1) they can induce cramping
    (2) if one or both are lost the swimmer’s pace is likely to reduce dramatically
    • affecting other swimmers overall experience
    • likely to make the job of the water safety much more challenging
  • Paddles
    (1) they can induce shoulder pain and injury during the event and afterwards
    (2) if one or both are lost the swimmer’s pace is likely to reduce dramatically
    • affecting other swimmers overall experience
    • likely to make the job of the water safety much more challenging
  • Pull Buoy
    (1) they can induce shoulder pain and injury during the event and afterwards
    (2) if one or both are lost the swimmer’s pace is likely to reduce dramatically
    • affecting other swimmers overall experience
    • likely to make the job of the water safety much more challenging
  • Auditory aids and entertainment – e.g., music players, metronomes.
  • These are a distraction to the swimmer and all swimmers must be focusing on their swimming, their pace and the support craft for general instruction and notification of emergencies.

You are highly advised to bring many layers to keep yourself warm, including a waterproof and windproof outer layer for before and after your swim. Do not bring flip flops, bring thick socks and covered shoes. If you have a Dryrobe or a similar style robe please bring this. You are advised to get out of the wind and out of your wet swimming costume as soon as you exit the water and have a warm sweet drink immediately. There is a kettle on board Channel Queen and tea, coffee and hot chocolate will be available.

 

5. Risk Warnings

Participants must read the risks 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, Chloë McCardel, or seek legal advice.

You hereby affirm that you have been thoroughly informed of the risk involved with any open water swimming activity.

You understand that open water swimming is potentially hazardous, and you should not enter and participate unless you are medically able (this includes both physical and mental ability) and properly trained. Treatment of an-open water swimming incident or accident with these or other injuries may require immediate medical attention.

We recommend that you consult your doctor prior to undertaking training for the event. 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.

Events that require boat support; You acknowledge that the skipper of the vessel is responsible for your safety. You must follow the skipper’s, crew people and Event Organiser’s directions concerning safety.

Swimmers may be exposed to dangerous ocean conditions, which include rips, tides, currents, boat wash and large swell. There are reefs to negotiate and depending on conditions; need to be traversed safely. Swimmers and paddlers may encounter a variety of marine life that may threaten or harm possibly resulting in death. These include sharks, seals, whales, dolphins, rays, stingers and jellyfish. There may be submerged objects in the water and exposure to varying water temperatures from 10ºC to 20ºC or more extreme temperatures. Inclement weather changes may cause problems for the skipper and paddler such as poor visibility, high wind and heavy rain.

With a large number of swimmers in the water there is a possibility of swimmers colliding, or collisions involving the paddler and the vessel causing harm. There is a risk of mechanical failure on the vessel or damage to the ski. Other risks causing harm may result from you (or other participants) your team suffering from fatigue or making poor decisions. You may cause injury to other persons or damage their property. The conditions in which the Event is conducted may vary without warning.

You understand that The Event is at a location that is remote, either by time, distance or both, from a hospital. You 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 you are injured.

You understand and agree that neither the Event Organiser 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, You 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.

You 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 you complete the Event.

You understand that swimming activities are physically strenuous and that you will be exerting yourself during the event, you expressly assume the risk of any and all injuries, and you will not hold the Released Parties responsible if you are injured as a result of heart attack, panic, drowning or any other cause of injury or death not specifically stated.

You are aware of the prerequisite skill level and/or equivalent swimming experience necessary to participate in these Events, and you stipulate that you meet these requirements.

You understand that you are responsible for supplying your own equipment in proper working condition, regardless of where you obtained it or from whom.

You understand that all the terms herein are contractual and your entering on line is done of your own free act and in so doing, you waive your legal rights to sue.

You state that you are of lawful age and legally competent to make an online entry.

It is your 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 your entry YOU HAVE FULLY INFORMED YOURSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT. YOU DO HEREBY ACKNOWLEDGE that of your own free will and desire you voluntarily agree to assume the risk or any injuries, damages or loss, regardless of severity or death, that your participation, may sustain as a result of being a participant in the ocean swim.

Participants may want to consider Insurance that covers them for: accident and emergency repatriation and loss or damage to your property during the Event. We shall not be liable for any losses or compensation arising.

You acknowledge that the risk warning is a RISK WARNING.

6. Event Qualifying Requirements

The Event Qualifying Requirements for participation as a solo swimmer in the Event is:

  1. Minimum age 18 years old.
  2. You must be able to swim at least 2.5km per hour in open water.
  3. You must bring and wear a brightly coloured tow float at all times during this swim.
  4. You have read, understood and agree to abide by the RULES, TERMS AND CONDITIONS, the ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM and filled out the Event sign up form here
  5. You must have paid your fundraising total in full by June 3rd, 2023.

 

7. Disqualification Rules

If any safety rules are breached they may lead to immediate disqualification. You agree that if you disobey any rules, directions, instructions, decisions, or laws, or your behaviour endangers safety or negatively affects a person, or property of any type or kind, then you may be disqualified.

Intentional contact with another swimmer involving grabbing, pulling, scratching, hitting and swimming over another swimmer will result in immediate disqualification.

 

8. Acknowledgements

You understand and acknowledge:
i. The risks, which are associated with the Event.
ii. Accidents can and often do happen which may result in me being injured or even killed.
iii. By participating in the Event You acknowledge that You have read the Terms and Conditions and agree to be bound by them.
iv. You agree that the terms and conditions contained in this entry form shall be construed broadly to provide a release, indemnity and waiver to the Indemnified Parties of any liability for loss, injury, death or other damage to personal property to the maximum extent permitted by law.
v. You are 18 years or older.
vi. Your personal property may be lost or damaged;
vii. You may cause injury to other persons or damage their property.
viii. The conditions in which the Event is conducted may vary without warning.
ix. You may be in a remote or isolated location where access to medical support may be limited and take significant time to reach you.
x. There may be no or inadequate facilities for treatment or transport for you if you are injured.
xi. You assume the risk and responsibility for any injury, death or property damage resulting from my participation in the Event
xii. You agree to abide by the Event Rules and I will comply with all instructions issued to you by or on behalf of the Indemnified Parties in relation to my participation in the Event.
xiii. You acknowledge that weather and sea conditions may change prior to the event. If conditions are considered unsafe by the Event Organiser or Skipper, then the event will be cancelled and moved to June 6th, 2023. There will be no rescheduling to any date after June 6th.

 

9. RELEASE AND DISCHARGE

RELEASE AND DISCHARGE the Indemnified Parties, to the maximum extent permitted by law, from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, damage or liability whatever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise) which you or any other person may suffer as a result of or in connection with, directly or indirectly, your participation in the Event and/or Associated Training and you waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this Acknowledgement  Waiver,  Release and Indemnity you may have had against the Indemnified Parties or any of them now or in the future INDEMNIFY AND HOLD HARMLESS and will keep indemnified each of the Indemnified Parties whatever or however caused which may be brought against them or any of them which arises in connection with my participation with the Event and/or Associated.

 

10. Registration changes

Any changes must have the approval of the Event Organiser and these changes must be submitted by email for consideration and approval. There will be no credits issued for withdrawal due to any reason including but not limited to, health related issues or medical problems.

A refund will not be given.

You agree not to transfer or assign a successful entry to another person or team. There is a process for entry acceptance determined by the Event Organiser. Transfers will NOT be accepted

 

11. Start time alterations

The Event 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. This will be governed by weather and sea conditions for safety. A contingency date of June 6th has been given as another opportunity to run this event

 

12. Distance and course alterations

You are aware the Event Organiser reserves the right to reduce the course distance, or increase, 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

 

13. Pace minimum

You understand that the Event Organiser requires you to be a minimum of 2.5kph pace. If it is believed you are below this pace you will be asked to increase your pace on two separate occasions. If after being asked twice to increase your peed and you have not reached 2.5kph pace you will be asked to exit the water and you will helped onto one of the support boats.

We need swimmers to be able to swim in a pod which will be extremely hard if one or more swimmers are slower than 2.5kph pace.

This is to ensure the safe and proper running of the event. The Event Organiser’s decision on this is final.

 

14. Pod swimming

Why pod swim? This is important to ensure the safest swim possible. It makes the challenging job of the water safety person who is looking after you more manageable. This is important because large ships go through the Solent and some of them have right of way over you! This means there is a chance your pod will need to slow down or temporarily wait if a ship is passing through. Your water safety person needs you close during the swim and they need you keeping an eye on them during the swim too, in case they need to grab your attention quickly. 

How do you pod swim? 

  • You don't swim faster than the slowest person. So, the slower swimmers are put to the front of the group so that they set the pace. Swimmers swim close together. So, no drifting out to the sides of the group either.  
  • If a swimmer finds themselves ahead of the pack, which shouldn't happen, then they need to stop and wait or slow down to ensure the swimmer/s behind catch up. So, all swimmers need to keep an eye out on what is going on around them. Bilateral breathing will help with this or you can occasionally put your head up and sight to the side you are not breathing. 


Your group will need to stay to one side of your water safety craft. If your group prefers to breathe to the right, then you will want the craft on your right and vice versa. This is an important discussion to have before you practice pod swimming.

During the Event, your water safety person will use a whistle, their voice and/or arm gestures to bring you back in line if you wander too far or if they need your attention. 

 

15. Refund Policy

You agree that no refund of the Event Fee will be payable and that You will not have any claim for damages or loss of any kind against any of the Interested Parties.

 

16. Behaviour

You must be responsible for the behaviour of yourself and your party. In particular we require that all our participants abide by any event rules or other codes of conduct which may be discussed 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 participant or refuse to continue dealing with you by terminating your place in the swim if behaviour is or is likely to be, in our reasonable opinion 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

 

17. Medical treatment

You agree that if you are injured or require medical assistance, the Event Organisers may, at your cost, arrange medical treatment and emergency evacuation as deemed necessary by the Event Organisers. You agree that You are responsible for your own medical and ambulance insurance cover. You agree to release, indemnify and hold harmless the Event Organisers, its officers, employees, agents, volunteers, contractors, public bodies and sponsors, from and against any and all claims, demands, right or cause of action, suits, expenses, costs and proceedings of any nature whatsoever which may be made by you or on your behalf or by other parties for or in respect of or arising out of any injury, loss, damage or death caused to you or your property as a result of your entry or participation in the Event whether by negligence, breach of contract or in any way whatsoever. You also agree that in the event you are injured or your property is damaged, You will bring no claim, legal or otherwise, against the Event Organisers in respect to that injury or damage.

You understand that your medical history and personal information, collected as part of the entry process for the Event will be made available to the event medical team and operations team. It will only be used to help staff look after you if you need help and care. If you are evacuated from the event by Emergency Services, this personal information plus any new data entered by event staff will be supplied to the Emergency Services staff to enable your continued care. Your emergency contact details are essential and this person should be familiar with your medical conditions.

 

18. Exclusion of liability

The Event organisers cannot guarantee your safety. Obvious risks include injury and/or drowning, due to being hit by other persons, objects or boats, cold weather, entry and exit injuries, medical conditions, marine creatures. Swimmers enter at their own personal risk and are responsible for deciding if their own physical condition allows them to participate.

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: would arise in the ordinary course of events, is reasonably foreseeable; or 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.

 

19. Disclaimer and warranty

You acknowledge that Swimon Pty Ltd has not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by Swimon Pty Ltd, other than those warranties contained in this Agreement. Subject to the following, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

Subject to your rights arising under relevant UK legislation, you agree that Swimon Pty Ltd will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Services or the provision of any other goods or services under this Agreement and whether as a result of any breach or default by Swimon Pty Ltd.  

The maximum liability of Swimon Pty Ltd under this Agreement for any and all breaches of this Agreement, and any negligence in relation to this Agreement, will not exceed the total Payments made by you.

Performance to: the supplying of the services again, or the payment of the cost of having the services supplied again.

Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of Swimon Pty Ltd will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.

The above disclaimer and limitation of liability do not exclude any rights, which by law may not be excluded.


20. Indemnity

You agree to hold harmless, to indemnify and keep indemnified the indemnified parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments arising out of or in relation to my participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings.


21. Privacy

You 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.

In accordance with the relevant UK and Australian Privacy Act; none of your personal details will be shared and considered classified. Only in the event of an emergency will this information be shared with emergency services.

 

22. Cancellation of the Event

We may cancel the Event if circumstances beyond our reasonable control arise, including, without limitation, act of God or inclement weather conditions, water quality and safety. In such circumstances we will endeavour to stage the event at a later date – the earliest alternative date. This decision is based on the report from the https://www.metoffice.gov.uk/ and other weather forecast websites and apps and can be either a long range indicator or day before event report about adverse sea and weather conditions. 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. You will have the right to take part in the re-staged Event on June 6th, which will only be run if the weather and conditions are suitable on this day. If you cannot make this date, no other alternative or refund will be offered.

 

23. Amendment of terms

You acknowledge that the Event Organiser may amend these Terms at any time, in its sole discretion, but must notify You where an amendment is important and will impact detrimentally on You. You agree that the Event Organiser can notify You by sending an email to the email address included in the registration process.

 

24. Final Decision

All decisions and rulings by the Evet 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 Skipper, Event Organiser and crew. You acknowledge and agree 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.

 

The above sets forth and shall constitute the entire agreement between ourselves in respect to your participation in the Event and shall supersede any and all promises and representations made by either of us to the other or by other parties to you. The terms set out above may not be released, discharged, supplemented, interpreted, amended or modified in any manner except by agreement in writing signed by us both.

 

This offer of contract is made on behalf of Swimon Pty Ltd.