Terms

Terms & Conditions


These Terms and Conditions cover Qswim Adventure events including solo guided swims and team relays (including the English Channel) which are organised by Qswim Adventure Ltd. 


Please read them carefully prior to registering for a solo swim, event or team relay (including the English Channel). You should only register a solo swim, event or team relay (including the English Channel) if you have read, understood and agreed with these conditions. These conditions represent a legally binding agreement between you and Qswim Adventure Ltd. 


The events and/or Team Relays (including the English Channel) are organised by Qswim Adventure Ltd (Company 12973667). 

If you have any questions about these terms and conditions please contact Qswim Adventure at sales@uswimopenwater.com

The only exception is when swims happen under the guiding of another organisation, ie Channel Swimming Association. 


The Organiser's shall not be liable for any loss, death, injury or damage however caused to any person or property, except where such loss, death, injury or damage is a result of the negligent acts or omissions of the organiser's. Any claim to which legal liability is established shall not include damages for indirect or consequential loss. However in the Event of a swim being aborted/cancelled due to mechanical failure of the pilot vessel ( does not include Channel Swims as that is per their terms) Uswim Adventure Ltd will offer an agreeable date to swim or a full refund. 


You acknowledge that participation in open water solo guided swims, events or team relays involves the potential risk - although highly unlikely - of injury or death from various causes including exertion and strenuous activity.


The solo guided swims, events or team relays (including the English Channel) will be physically demanding and you are aware of the associated medical and physical risks involved. You accept that you are physically capable of competing in the solo guided swims, events or team relays and agree that, subject to the limitation of liability paragraph below, Qswim Adventure Ltd, its officers, agents, affiliates, sponsors or medical advisers are not responsible for any injury or illness that you may suffer as a result of your participation in the solo guided swims, events or team relays (including the English Channel). The entrant accepts that should any medical or physical condition arise prior to the solo guided swims, events or team relays (including the English Channel) which is likely to affect their ability to compete then the entrant will withdraw in accordance with these terms and conditions. 


You will inform us of any medical conditions from which you suffer. You give permission to our staff and medical support to make decisions regarding your medical care and treatment and, where necessary, to authorise such care and treatment in emergency situations. You understand that our staff will make every reasonable effort to reach your emergency medical contact you have supplied, however you hereby give permission to the medical professional whose services might be required to provide medical care and treatment.


You further acknowledge and understand that compulsory insurance effected for the swim may not cover you for any or any injury, loss or damage sustained by you. You are strongly advised to obtain personal accident and personal items coverage, adequate for your swim.


Bespoke training plans , for example a 10 week training plan for a guided swim, are not eligible for any refunds on cancellations. 


Withdrawals or cancellations


You may withdraw from a solo guided swim or team relay at any time, subject to the provisions of the following clause. 


1) If you withdraw more than 90 days before a guided swim  you will receive a 50% refund minus the deposit which is non-refundable*. 

*This clause excludes English Channel Relays, Solo's or individualised, bespoke packages which will be strictly non-refundable and non-transferable with the exception of Uswim Adventure needing to cancel. This is due to the planning and upfront costs. 


2) If you withdraw less than 90 days before a solo guided swim, event or team relay you will receive no refund under any circumstances due to the financial commitments already being made which may include insurance costs, staffing, venue hire, logistics in general. 


In the event of poor weather conditions causing cancellation of a solo guided swim, event or team relay on the advice of local professionals i.e. dangerously strong winds on the day, participants will not be eligible for refunds. In these circumstances we will make every effort to offer an alternative date or location. This, however, is not guaranteed and the swimmer will need to meet any extra costs. 


In the event of a mechanical fail during your swim we will transfer your swim to a mutually agreed date. No refund will be offered.


Individually tailored swims such as the Three Lakes, English Channel Relays/Solo's, Loch Solo's etc have their own terms agreed on booking and will be tailored individually based upon the nature of the swim . Otherwise they are booked under the usual terms. 


Publicity and results


You irrevocably consent to your appearance being filmed, recorded on any media of whatever nature, and consent to your name, appearance, photograph being used for the purposes of promoting the event and to the commercial rights relating to the event.


We reserve the right to change these terms and conditions.


General


These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.


These conditions constitute the entire agreement and supersede any previous agreement between you and the organiser. You acknowledge by completing the entry form you cannot rely on any statement or representation or assurance however made by any person other than as laid out in this agreement.


If any of these conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these conditions, shall be enforced to the fullest extent allowed by law as to the effect the intentions of the parties, and shall not affect the validity of any remaining conditions.


The terms and conditions do not affect your statutory rights.


Links to third party sites


The Qswim Adventure Ltd website may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Uswim Adventure Ltd and Uswim Adventure Ltd is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Qswim Adventure Ltd is not responsible for webcasting or any other form of transmission received from any Linked Site. Qswim Adventure Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Qswim Adventure Ltd of the site or any association with its operators.


No unlawful or prohibited use


As a condition of your use of the Qswim Adventure  Ltd website, you warrant to Qswim Adventure Ltd that you will not use the Qswim Adventure Ltd website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Uswim Adventure Ltd website in any manner which could damage, disable, overburden, or impair the Qswim Adventure Ltd website or interfere with any other party's use and enjoyment of the Qswim Adventure Ltd website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Qswim Adventure Ltd websites.


Copyright and trademark notices


All contents of the Qswim Adventure Ltd website are: Copyright 2021 by Qswim Adventure and/or its suppliers. All rights reserved.


Trademarks


The names of actual companies and products mentioned herein may be the trademarks of their respective owners.


The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.


Any rights not expressly granted herein are reserved.

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