Open Water Swimmer Ltd, (OWS)
1. Swimming can be strenuous and you must make sure you are in good health. If you have any medical conditions that could be adversely affected by exercise, particularly a heart condition, or if you are in any doubt about your health, you must get clearance from your doctor before participating. For swimmers under the age of 16, a parent or guardian’s consent is required.
2. Open Water Swimmers are nationwide events to be hosted in open water venues around Ireland between June and the end of September.
3. Entrant agrees to be bound by these Terms and Conditions of entry to the Event.
4. Applicants must apply to participate in the Event by completing an online registration form (“Registration”).
5. Applications will be accepted or refused by OWS in their absolute discretion and all decisions of OWS are final. All successful applicants will be notified by way of online confirmation. The completion of Registration as set out above, the payment of the Registration Fee and the receipt of online confirmation (“Entry Confirmation”) shall give the Applicant a right to participate in the Event, subject always to these Terms and Conditions and any rules and Terms and Conditions of the venue.
6. Places for the Event are limited and therefore applications are subject to availability. Applications are processed on a first-come first-served basis in accordance with the rules set out in these Terms and Conditions, or at the sole discretion of OWS.
7. OWS ltd. shall not be responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer/internet transmissions or other errors or malfunctions of any kind which may prevent communications to and from any of them which may prevent receipt by the Event Organisers of a registration.
8. The payment of the Registration Fee entitles the Entrant to;
* Participate in the Event
* Entry to the relent venue on the day of the OWS session
9. No refunds shall be provided should a Participant fail to take part in the Event, for any other reason save in exceptional circumstances as determined by OWS in their absolute discretion, which shall not include, without limitation, oversight of diary commitments, not acknowledging the full Event scheduling or holidays.
10. If at any time it is discovered that any Entrant should have been ineligible or if the Entrant’s proposed participation in the Event should have been refused or rejected for any reason, OWS reserves the right to disqualify an entrant from the Event and/or to refuse such entry at any time. OWS shall not be liable in any way whatsoever to any Entrant as a result of any such disqualification or refusal.
11. The Events will be held between June and September (or such other dates as the organisers shall determine) at venues across Ireland. Entrants must arrive at the relevant venue at least 60 minutes prior to their session start time.
12. OWS reserves the right to change the format of the Event or to cancel the Event, in whole or in part, without notice or liability to the Entrant. OWS shall not be responsible for any loss arising from any changes to the time, date and/or venues hosting the Event.
13. The Event Organisers will not be liable in any to the Participant in any way for any failure and accuracy of the technology of the timing on the day of the Event.
14. Participants in the Event must adhere at all times to the rules and regulations of the host venue whilst at that venue for the purposes of their participation in the Event. Participants are required to behave responsibly, reasonably and professionally at all times whilst participating in the Event including without limitation refraining from behaviour that may offend standards of public morality or decency or which may be illegal.
16. OWS shall have the irrevocable, exclusive right and licence throughout the world (and, Entrant hereby irrevocably grants OWS such exclusive right and licence) to interview and/or photograph and/or film the Entrant at the Event (or subsequent to the Event as OWS may reasonably require) and to the unlimited use in all current and future media (including without limitation, print, audio, audio visual, virtual media, Internet, mobile telephony and related or successor technologies, CD-ROM and/or DVD) of the Entrant’s name, likeness and image or facsimile image, signature, voice, video and film portrayals and other means of identification of the Entrant, and any biographical or other information or data related to the Entrant (including race times and results), in connection with the production, advertisement, marketing, promotion or sale of the Event and/or the promotion, marketing or advertisement of the Open Water Swimmer Ireland brand.
18. Entrant acknowledges that participation in the Event involves physical activities and inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. By completing and submitting a registration form, the Entrant acknowledges and confirms that, to the best of his or her knowledge and belief, he or she is healthy and fit to swim, understands and has considered and evaluated the nature, scope and extent of the risks involved, and has voluntarily and freely chosen to participate in the Event entirely at his or her own risk.
19. Save in circumstances where any personal injury or death is caused by the negligence of OWS, OWS holds no liability for any loss or liability of any kind in contract, tort or otherwise howsoever arising out of the Entrant’s participation in the Event or in relation to any services provided pursuant to such participation, to the extent permissible by law.
20. The participant acknowledges that personal information (including medical information entered on registration OR collected by event medical staff during or after the event) can be stored, used and disclosed by OWS in connection with the organisation and administration of the event and for the compilation of anonymised statistical information. The participant acknowledges that if they become ill during or after the event and/or received medical attention or treatment from event medical provider, or any doctor or hospital, they authorise such persons to provide their details (including details of medical treatment) to the Event Organisers or others authorised by the Event Organiser, subject to maintaining appropriate Medical Confidentiality.
21. OWS does not intends to 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 by each Entrant. Entrant is advised to obtain such insurance themselves if required or desired.
22. The Participant acknowledges and agrees that:
1. Subject to clause 23, the Participant shall:
2. fully indemnify and keep OWS fully indemnified from and against all liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by the Participant; and
3. irrevocably indemnify and hold harmless, and reimburse OWS from and for any sum, costs or expenses (including legal and professional fees) incurred, payable or paid by OWS to any person (including the Participant’s insurers) in connection with any accident, loss, damage or injury (including death) arising out of the Participant’s attendance at, participation in, or training for the Event.
4. Subject to clause 23, OWS shall not be responsible for any losses the Participant suffers as a result of OWS breach unless such losses were reasonably foreseeable to both the Participant and the Event Organisers as at the date of the Participant’s registration for the Event. For the avoidance of doubt, OWS will not be liable to the Participant in contract, tort (including, without limitation, negligence) or otherwise in connection with the Event for loss of revenues, profits, contracts, business or anticipated savings or loss of data; or goodwill or reputation; or any special or indirect or consequential losses; for any personal injury to or death of the Participant;
23. Entrant hereby acknowledges that it is a strict condition of participation in the Event that all mandatory fields within an Entrant’s profile are complete and correct at all times, including without limitation, gender, first name, surname, date of birth, contact address, medical condition information, and emergency contact details. Entrant hereby acknowledges and agrees that this information is required by OWS in order to properly and safely administer and conduct the Event, and OWS reserves the right to refuse Entrant entry to the Event in circumstances where Entrant either requests the suppression of such mandatory information from its Entrant’s profile, or OWS believes Entrant has provided false or incomplete information.
24. Entrant must adhere to all instructions given by the Event officials at all times during the Event.
25. It is the Entrant’s responsibility to ensure a suitable, well-fitting wetsuit is worn. OWS reserve the right to eject Entrant’s from the event if they are wearing an ill fitting wetsuit.
26. Entrants are prohibited from using any of the following items in the Event: 26.1 Flippers/fins 26.2 Hand paddles 26.3 Snorkels 26.4 Personal audio equipment 26.5 Any other floatation device or swimming aid which could potentially affect the safety of other swimmers, as determined by OWS.
27. If any provision 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.
28. This agreement shall be governed by and construed in accordance with Irish Law and each of the parties irrevocably submits to the exclusive jurisdiction of the Courts of Ireland.
29. OWS reserve the right to amend these terms and conditions at any time.