1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which you (“you”/”your”) agree to participate in Swimathon, the event described in clause 2.1 of these terms.

1.2. Why you should read these terms. These terms tell you who we are and provide important information about Swimathon including how to enter and fund-raise. You should read these terms carefully before you sign up to take part in Swimathon.

2. INFORMATION ABOUT SWIMATHON 

2.1. Swimathon. Swimathon is a national swimming challenge event which takes place at a wide range of venues across the UK in respect of which participants and members of the general public raise money for charity. Swimathon 2024 is currently scheduled to take place on 26th, 27th and 28th April 2024 at approximately 400 venues across the UK and includes a virtual offering named MySwimathon.

2.2. Event Management. Swimathon is operated and managed by Playmaker Experiential Ltd(a company registered in England with company number 15242695) (“we”/”us”/”our”) on behalf of Swimathon (Trading) Limited (a company registered in England with company number 06706774) which is owned and controlled by Swimathon Foundation (a registered charity with number 1123870 and a company limited by guarantee registered in England with number 04684234).

2.3. How to contact us. You can contact us by email at info@swimathon.org. From a sustainability perspective, we would prefer all contact to be by email.

2.4. How we may contact you. If we contact you in relation to Swimathon we will do so by telephone, text or in writing to you at the email address that you provide to us.

2.5. Our charity partners. We have 2 charity partners: Cancer Research UK (a registered charity in England and Wales Reg No 1089464 and Scotland Reg No SCO41666) and Marie Curie (a company registered in England with Charity Reg No 207994 and Scotland Reg No SCO38731).

3. OUR CONTRACT WITH YOU

3.1. Your registration. Our acceptance of your entrance to Swimathon will take place when you have completed an online registration form and we have emailed you to confirm your registration, at which point you will have entered into an agreement with us and agreed to be bound by these Terms and our Privacy Policy. Our Privacy Policy can be found here. Registrations are accepted on a first-come, first-served basis. 

3.2. By registering, you are confirming that you are at least 16 years old at the date of your registration. If you are under 16, you must have obtained consent from your parent or guardian to take part individually or as part of a team. If you are registering on behalf of an individual who is under 16, you are confirming that that individual has received consent from their parent or guardian to take part individually or as part of a team.

3.3. By registering, you are confirming that you are prepared and able to take part. Swimming is physically challenging. By registering, you are confirming that you (1) have read and understood these terms;  (2) are healthy and fit to and can swim; (3) can complete your Swimathon challenge unaided; and (4) have chosen to participate freely and at your own risk. By registering a team, you are confirming that each of you and your teammates (1) have read an understood these terms; (2) are healthy and fit to and can swim; (3) can complete your Swimathon challenge unaided; and (4) have freely chosen to participate at your own risk. You, and (if applicable) your teammates, must at all times adhere to these terms and conditions and to all instructions and rules and health and safety directions given by any of us, our Swimathon event organisers and the staff at the venue where you participate.

3.4. Once you have registered as an individual or as a team, it is not possible to change your registration from one to the other. You will need to re-register as a team or individual and contact us to cancel your other entry. A refund will not be given for your cancelled entry.

3.5. After clearance of the appropriate payment, no refunds or deferrals will be provided should you fail to take part for any reason in Swimathon, subject to clause 3.6 below. 

3.6. If Swimathon is postponed or cancelled, including as a result of Covid-19 or other restrictions, you will have the opportunity to: 

(a) donate all entry fee payments to Swimathon Foundation; or

(b) defer your entry to a subsequent Swimathon event. 

3.7. Pricing for Swimathon. Except for those eligible for pricing concessions, entry to Swimathon 2024 will be available at various tiers of pricing applying on the dates set out below (which may be subject to change). Full information on the price levels in each tier (which may be subject to change) can be found on the Swimathon.org website. 

(a) Super Early Bird: from Wednesday 18th October 2023 until and including November 7th 2023

(b) Early Bird: from November 8th, 2023 until and including January 31st, 2024; 

(c)  General Entry: from February 1st, 2024 until and including March 14th 2024;  

(d)  Last chance: from March 15th 2024 until and including April 23rd 2024. 

4. COVID-19 

4.1. Covid–19, often referred to as coronavirus, is an infectious disease that can result in serious and potentially fatal illness. There is a risk of the transmission of Covid–19 in any environment where people come together.  

 4.2. You must not attend at or participate in Swimathon if you believe that you may have recently been infected by Covid-19 or have any of the symptoms as listed by the Government from time to time. 

4.3. Failure to comply with these measures shall entitle each of us, our Swimathon event organisers and the staff at the venue to prevent you from participating in Swimathon and to eject you from any venue where you may be participating. 

4.4. By participating in Swimathon, you assume all risk associated with Covid-19 (unless in any way caused directly by our negligence). Participation in Swimathon is subject to the latest Government guidance rules to manage the transmission of Covid-19. In attending at or participating in Swimathon you must adhere at all times to all such rules and to all relevant and applicable laws, rules, regulations and guidelines that may relate to your participation, whether in general terms or at the pool or outdoor venue where you participate in Swimathon.  

4.5. For the avoidance of any doubt, you must not participate in Swimathon or attend at any Swimathon pool if: 

a) you are displaying any of the government listed symptoms of Covid-19 from time to time ; 

b) you are required to self-isolate in accordance with government guidance from time to time; 

c) you have been instructed by the relevant contact tracing authority to isolate;  

d) you have been informed that you are extremely clinically vulnerable and that you should be shielding.  

5. THE EVENT

5.1. How Swimathon works. Swimathon is a series of swimming events, known as “challenges”. The challenges comprise various distances: the individual swimming distances are 400m, 1.5k, 2.5k, 5k & the Triple 5k (3 x 5km); and the team swimming distances are 1.5k and 5k. Or you can take part in “MySwimathon” and take on your own Swimathon distance challenge at a time and place of your own choosing. You can decide which challenge you want to swim when you register.

5.2. Date of Swimathon. It is intended that Swimathon will be held on 26th , 27th and 28th April 2024 (but this could change, at our discretion). You must arrive and register at the venue at least 30 minutes prior to your session start time.  If you are unable to attend your allocated Swimathon session, you can participate in MySwimathon at a venue of your choosing from 19 April to 5 May 2024 inclusive.

5.3. More information about Swimathon. Challenge completion times are recorded by a lap counter and results will be made available to you. You may be provided with a swimming cap made from latex. If so, if you have a latex allergy you should avoid contact with the caps at all times and make sure the Swimathon director at your venue is aware of your allergy. MySwimathon entrants can record their own challenge times and all entrants are able to upload their completion times in their Swimathon dashboard.

 5.4. Our charity partners will receive at least 63% of the total funds raised by and received from participants and members of the general public in respect of Swimathon 2024. Swimathon Foundation, the charity which ultimately owns Swimathon, will receive the remainder of the funds to promote the benefits of swimming amongst the general public by providing opportunities to swim through its events and activities, in offering grant funding to help in the provision of access to swimming and in promoting swimming participation generally.

5.5. We may photograph or film Swimathon. By registering or attending or participating in Swimathon at one of our designated venues you, and (if applicable) your teammates, agree to grant to us and our charity and commercial partners: (a) all consents (and waive the benefit of any moral rights) necessary or required to interview and/or photograph and/or film you and (if applicable) your teammates; and (b) a perpetual worldwide, exclusive right and licence in such recordings and/or photographs for unlimited use and exploitation in all current and future media of your, and (if applicable) your teammates’, name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification, and any biographical or other information or data related to you or any of them (including race times and results) connected with your participation or attendance in Swimathon, and to sub-licence the same in connection with:

a) the production, operation, advertisement, marketing, promotion or sale of  Swimathon or any "Swimathon” branded events or activities; and/or

b) the promotion, marketing or advertisement of the Swimathon Foundation; and/or

c) the promotion, marketing or advertising of one of our charity or commercial partners in connection with any "Swimathon” branded event. 

You agree that photos used in accordance with this clause may be digitally altered within reason, provided that no additions or alterations may be made to the physical attributes or likeness of you. If you or (if applicable) a teammate do not agree to the use of your or their image for such purposes, you should contact us prior to Swimathon.

5.6. Refusing entry. We reserve the right to refuse your entry to any Swimathon event or to ask you to stop taking part and leave the venue if:

(a)  you try to take part in the Swimathon event in a manner that in our reasonable opinion may injure you or someone else, may damage or harm the venue, may cause offence to other Swimathon participants or users of the venue, or otherwise causes a risk or potential risk to health and safety; or 

(b)  we reasonably believe you are unfit to participate in the Swimathon event due to consumption of alcohol or drugs, or due to injury, fitness or illness.

6. FUNDRAISING

6.1. How to qualify for a reward. To qualify for a reward, you must have raised the minimum Fundraising Total, as set out below, via your online Swimathon JustGiving Page by no later than midnight on 31 May 2024. Late entries will not be considered. Rewards will be sent to your postal address (if the postal address we have for you is incorrect, you must contact us prior to our sending the reward). The fundraising targets and applicable rewards are as set out below and are cumulative (so, by way of example only, if your fundraising total is equal to or exceeds £1000 you will be entitled to receive all the applicable rewards as set out in the table below):

Fundraising Total Applicable Reward 

£1: Downloadable fundraising certificate triggered

£25: Receive a 25% off entry code for Swimathon 2024

£50: If you have registered for the MySwimathon Lite event, you will receive your cap and medal

£100: Receive a 25% off code for a Swimathon t-shirt, Swim England supporter discount

£250: Receive a free entry code for Swimathon 2024

£300: Receive an exclusive Swimathon 2024 towel

£500: The first 10 people to receive donations of £500 total will receive a promotion of their JustGiving fundraising page and fundraising story on 3 x Swimathon social channels  

£1,000: Exclusive Swimathon bundle:

-    Free entry to Swimathon 2025

-    Exclusive Swimathon ‘Gold’ cap

-    Entry into a prize draw to have a 1:1 coaching session with Duncan Goodhew

*The discounted £25 and the free £250 entry codes can be used for an additional Swimathon Challenge or passed onto a family member / friend. 

*Other incentives may come online during the campaign after future discussions with partners. 

Fundraising rewards for team members are calculated on the average total fundraising amount raised per team, being the total fundraising amount raised by the team divided by the number of team members. That average will then be applied to ascertain the applicable reward as set out above. Any team fundraising rewards will be sent to the team captain. For example a team of 4 members would have to raise £1200 for each member to receive the exclusive Swimathon 2024 towel.

7. OTHER IMPORTANT TERMS  

7.1. If any provision in these terms, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions shall continue to be valid and enforceable.

7.2. We reserve the right at any time to make any changes or improvements to Swimathon (including but not limited to Swimathon’s format, date and/or time) or to cancel it, in whole or in part, without notice or liability to you save as set out in these terms and conditions. We will notify you of changes to Swimathon via email communication and our website. Neither we, nor any of the Swimathon Partners (being Swimathon Foundation, Swimathon (Trading) Ltd and any Swimathon charity or commercial partner) is, are or will be responsible for any loss arising from such changes or improvements (if any).

7.3. None of the Swimathon Partners provide any insurance in respect of any loss or liability (including without limitation in respect of the cancellation or postponement of Swimathon or for any illness, accident, injury, death, loss and/or damage) that may arise in connection with the attendance at, training for and/or participation in Swimathon by you or (if applicable) your teammates. If you or your teammates require insurance, you must obtain it yourself.

7.4. You hereby agree and acknowledge that save as expressly set out in clauses 7.5, 7.6 or 7.7 below, none of us and any Swimathon Partner:

a) is or can be held accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by you or any member of your team in connection with any breach by you or any member of your team of these terms; 

b) is or can be held accountable for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by you or any member of your team or any third party in connection with any accident, loss, damage or injury (including death) arising out of your or any member of your team attending, training for or participating in, Swimathon; 

c) is or can be held liable to you in connection with Swimathon for loss of revenues, profits, contracts, business, anticipated savings, data, goodwill or reputation, or for any special or indirect or consequential losses, or for any personal injury to, or the death of, you or any member of your team. 

7.5 In any event, you acknowledge and agree that our and the Swimathon Partners’ total aggregate liability to you and to any member of your team shall be limited to the refund of your registration fee.

7.6 Nothing in these terms shall affect our or the Swimathon Partners’ liability:

a) for death or personal injury resulting from our or the Swimathon Partners’ negligence;

b) for breach of statutory duty;

c) for fraud or fraudulent misrepresentation; and

d) to the extent that liability cannot be excluded or limited by law.

7.7 Nothing in these terms shall affect any statutory rights to which you may be entitled as a consumer.

7.8 Nothing in this agreement shall confer any right or benefit upon any person who is not a party to it whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, save that Swimathon Foundation and/or Swimathon (Trading) Limited (and/or their group companies) shall be entitled to enforce the terms of this agreement.

7.9 We reserve the right to amend, alter or change these terms at any time.

7.10 These terms shall be governed by and construed in accordance with the laws of England and Wales and we and you both submit to the exclusive jurisdiction of the Courts of England and Wales.