Care for a Swim

Events terms and conditions:

Terms and conditions for participation in Isabel Hospice Events. These are the terms and conditions (“Terms and Conditions”) that apply to each fundraising event organised by or on behalf of Isabel Hospice (IH), a charity with its registered office at 61 Bridge Road East, WGC, AL7 IJR.  Participants must agree to the Terms and Conditions before participating in any Event.

1. Entry forms and fees:

a. All persons taking part in the Event (each a “Participant”) must be registered with IH to take part in the Event.

b. Each Participant must complete and submit an entry form (“Entry Form”) whether participating as an individual or in a team.

c. IH is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed computer or internet transmissions or other errors or malfunctions of any kind which may prevent receipt by IH of an Entry Form.

e. All postal Entry Forms must arrive before the closing date for Event registration.  Proof of postage must be obtained for postal entries and IH accepts no responsibility for lost, damages, illegible, delayed or mislaid Entry Forms.

f. Entry to the Event is subject to the payment of the notified fee (and any applicable VAT) payable IH prior to participation in the Event (“Registration Fee”).  On payment of the Registration Fee Participants may be given the opportunity to add an optional donation to IH (“Registration Donation”).

2. Fundraising and sponsorship

a. All fundraising activity undertaken as part of the Event must be for the benefit of IH only and Participants agree that all funds raised as a result of their participation in the Event shall be raised using legal methods and in compliance with the advice given on the IH website, www.isabelhospice.org.uk (“Website”) and/or in the information relating to the Event provided to Participants (“Event Information”).  Event Information may be provided in any form including but not limited to pre-event correspondence, guidance given on the day of the Event and information contained on the Website (which may be updated from time to time) or in the Event registration pack.

b. You may be asked to aim to raise the Minimum Sponsorship as part of your participation in the Event. If this is the case, we will make this clear in the relevant Event Information and specify the Minimum Sponsorship.

c. Sponsor forms will be posted to participants if requested, and an online fundraising page can be set up using this link: Justgiving.com/isabelhospice

d. All funds raised for IH’s work shall be held on trust by each Participant for IH and paid to IH as soon as reasonably possible.

3. Age of participants.

For safety reasons age restrictions are adopted for some Events and Participants who are under 18  (“Young Person”) may be required:

a. to get the prior consent of their parent or guardian to participate in the Event; and

b. to have an accompanying adult who is over the age of 18 on the date of the Event (“Accompanying Adult”).

Any age restrictions will be set out in the Event Information and/or on the Registration Form.

4. Health and fitness

a. All Participants take part in the Event at their own risk.

b. IH understands that people of all levels of fitness are keen to support IH and many are fit enough to take part in our Events, however, Participants who have any doubt about their health or have a medical condition that could be affected by exercise, must obtain their doctor’s approval before participating in any Event.

c. IH shall not be under any obligation whatsoever to process, analyse or otherwise take any action on any medical information disclosed to it either during or after the registration process for an Event.

d. All Participants agree that, as far as they are aware, they are sufficiently fit and physically able to compete in the Event and, to the extent that it may be necessary, they have sought and relied upon any medical advice before the date of the Event.  It is each Participant’s own responsibility to assess their fitness and to ensure that they participate only if sufficiently fit.  Should any medical or physical condition arise prior to the Event which is likely to affect a Participant’s ability to compete in the Event, the Participant should withdraw from the Event.

e. IH may prevent any Participant from taking part in the Event (either at the start of or during the Event) if IH or any medical representative considers that a Participant should not participate in the Event for health and/or medical reasons.

5. Safety and insurance

a. For Isabel owned events, IH shall take all reasonable steps to assess the safety and suitability of the Event location prior to the Event.  IH shall also arrange for the availability of an appropriate number of first aid and medical personnel according to the nature of the Event.

b. All Participants must ensure that any equipment or clothing used is in good condition and suitable for the Event.

c. All Participants acknowledge and agree that some Events can be considered dangerous activities, such as cycling on the highway or swimming in the sea. Whilst IH shall take steps to ensure that all Events take place in a safe manner, Participants acknowledge and agree that because Events often take place in public spaces IH cannot be held liable for any damage caused outside of its direct control.

d. IH does not provide any insurance, whether life or medical or liability, for any illness, accident, injury, death, loss or damage that may arise in connection with the attendance at and/or participation in the Event. Participants shall be responsible for arranging their own suitable and adequate insurance protection to cover their participation in the Event, including without limitation cover:

i. for material loss/damage to any equipment they may use in the Event or personal property (including clothing);

ii. any loss or damage they may cause to a third party;

iii. sickness; or

iv. negligence of any party.

e. Any accident or injury caused by a Participant’s actions shall be the responsibility of that Participant.

f. Each Participant is responsible for his/her actions whilst attending or participating in the Event. This includes at the Event start point, during the Event and at the completion point. IH accepts no responsibility for the actions of a Participant nor the consequences of such actions.

6. Participation and participant numbers

a. For some Events, Participants may be allocated a time at which they can commence the Event. Each Participant agrees that this time cannot be changed unless IH in its absolute discretion agrees to a change.  Any permitted change will be made before or on the day of the Event and in accordance with the restrictions contained in the Event Information.

b. If Participants are each assigned a unique number for the Event (“Participant Numbers”), Participants must clearly display their Participant Number provided by IH at all times during the Event. Failure to wear the correct Participant Number may result in a Participant bring disqualified from the Event.

c. IH reserve the right to reject at any time any Entry Form which is believed to be fraudulent or to disqualify any Participant who is ineligible to participate in the Event (or if participation in the Event should have been refused for any reason whatsoever); or who is believed to have not complied with these Terms and Conditions.  IH shall not be liable in any way to a Participant who is disqualified or whose entry is rejected.

7.Liability

a. Subject to paragraph 8(b), neither IH nor its agents or contractors shall be liable for:

i. any injury or accident causing loss or damage to a Participant or any third party where this is sustained as a result of a Participant taking part in the Event; or

ii. any loss or damage sustained by a Participant as a result of: the cancellation of the Event by IH for any reason; any changes made to the Event by IH for safety or any other reasons; or any circumstances beyond the control of IH.

b. Nothing in these Terms and Conditions shall limit or exclude IH’s liability in respect of death or personal injury sustained as a direct result of:

i. the negligence, breach of statutory duty or fraudulent misrepresentation of IH, its agents or contractors; or

ii. a deliberate act or omission of IH, its agents or contractors.

c. IH shall not be liable for any loss or damage sustained by a Participant as a result of: the cancellation of the Event by IH for any reason; any changes made to the Event by IH for safety reasons; or any circumstances beyond the control of IH.

d. Nothing in these Terms and Conditions shall affect any statutory rights to which the Participant may be entitled as a consumer.

8. Withdrawal and refunds

a. All Registration Fees are non-refundable and may not be deferred toward a future Event.

b. A Participant may transfer their registration to another individual for that year’s Event at the sole discretion of IH by contacting the IH events team. Any unapproved assignment, transfer or sale of a Participant’s registration may result in delay and/or difficulty in the event of an emergency and such transfer, assignment or sale may result in disqualification of the Participant from the Event.

c. No refund shall be given under any circumstances for purchases of travel tickets, T-shirts or other merchandise save in accordance with the terms and conditions of purchase for items bought directly from IH or statutory consumer law.

9. Cancellation and changes to the Event

a. In the event that IH is forced to cancel the Event for any reason, IH will notify each Participant as soon as possible, and if a Participant wishes to claim a refund of its Registration Fee, the Participant must notify IH of this in writing within 15 days of IH sending notification of the Event cancellation.

b. IH reserves the right to alter the Event Date, the start time or other details of the Event as required. If changes to the Event are made, IH shall update the Event Information on the Website and notify all Participants affected as soon as reasonably practicable. No refund in full or part shall be made in respect of any change to the Event.

10. Photos and publicity

a. Legitimate Interest: Photographs and films will be taken throughout each Event by IH or its group companies and/or its contractors and/or its agents by relying on legitimate interest as a lawful basis for doing so. IH need the ability to use your photographs and films to promote, report on and sell our Events by means of film, television, radio, print media, internet, publicity material or any other media now or in the future.

b. Consent: IH may request (i) a Participant be individually photographed, and/or (ii) a Participant be featured in IH’s marketing campaign. In the event the IH makes such a request it will seek the consent from the Participant (or the Participant’s parent or guardian in the event the Participant is under 18) on a separate consent form. The Participant may at its sole discretion choose to grant IH consent. It is not a condition of the Event that such consent is granted. IH’s use of the Participant’s photograph and/or personal information contained in a marketing feature will be in accordance with the IH’s privacy and cookies policy.

c. All Participants and the parents or guardians of any under 18s acknowledge and agree that no payment will be made to any Participant for the use of any photographs, images or films in which they may feature.

11. Data Protection

a. Each Participant agrees that information provided to IH in connection with Events is true and accurate in all respects and may be used by IH in accordance with prevailing data protection legislation.

b. IH will use the information provided by Participants to manage the Event and the Participant’s involvement in it. IH will keep the Participant up to date with IH activities or provide any other information in accordance with their stated preferences.

c. Each Participant will agree to provide emergency contact information when registering for an Event.

d. IH reserve the right to pass all information provided by a Participant to any first aid organisation or medical provider attending and assisting at an Event (“Medical Provider”) for safety purposes. This is to enable the Medical Provider to:

i. administer first aid in the event that a Participant suffers illness or injury during the Event; and

ii. to contact the friends or relatives of a Participant, where necessary.

e. Each Participant authorises any Medical Provider to administer first aid treatment or any medical treatment to the Participant or to transport the Participant in the event of any illness, accident or injury suffered by the Participant in connection with his/her participation in the Event.

f. Each Participant agrees that any Medical Provider may provide IH with:

i. the names of any Participant that they treat during the Event together with details of the circumstances surrounding that treatment; and

ii. the name of any Participant who notifies the Medical Provider that they are withdrawing from an Event due to ill health or otherwise.

12. During the Event

a. All Participants must abide by all rules relating to the Event set out in the Event Information and any instructions given by IH, their employees or agents before, during and after the Event. Failure to follow any such rules or instructions may result in IH refusing to allow the Participant to continue in the Event. Participants must retire at once from the Event if ordered to do so for any reason by IH, their employees or agents, any member of the Event’s official staff, medical staff or any government authority.

b. No illegal substances, performance enhancing substances or intoxicants of any kind are permitted to be brought to the Event venue or used by Participants either before or during participation in the Event.  IH reserve the right to refuse attendance at, or participation in, the Event by any Participant found to have consumed or to have in their possession any illegal substances, performance enhancing substances or intoxicants of any kind.

13. Completion times

Certain IH Events may require Participants to reach certain points in the Event by specific times or require the Event to be completed in its entirety by a set time. If a Participant does not manage to keep up with any stage or completion time, IH reserves the right to refuse to allow the Participant to continue in the Event. If the Event has staging or completion times, these will be set out in the Event Information.

14. Acceptance of these Terms and Conditions

a. By registering to participate in the Event, a Participant agrees to be bound by these Terms and Conditions.

b. If any provisions in these Terms and Conditions, whether in full or in part, is held to be invalid or unenforceable, all other remaining provisions (in full or in part) shall continue to be valid and enforceable.

c. IH may vary these Terms and Conditions from time to time and the up to date terms shall be available on the Website.

d. These Terms and Conditions and any dispute or claim that arises out of or in connection with them is governed by and construed in accordance with English law. The English courts have exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms and Conditions.

After signing up to this event, Isabel Hospice may, from time to time, send you communications in the form of email, letter or phone call or text message to:

• confirm event information

• give fundraising guidance

• provide you with fundraising tools

• make you aware of any changes to event

• inform you about any cancellations.

By signing up to this event you are giving your permission to receive these type of communications. This permission is separate to our more general data opt in permissions. Full details of our privacy notice can be found at www.isabelhospice.org.uk/privacy