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Terms and Disclaimer

H2oTrails Open Water Swimming Disclaimer.

The following terms and conditions apply to all swimmers ("you") attending this open water swim organised by

Fenwick Mark Ridley ("we" or "us"). Please ensure you  have read and understand the following.

1. Acceptance of terms and conditions

By booking or attending a swim session/outing, you accept these terms and conditions and they will

form part of the contract between us.

2. SWIM SESSIONS/NIGHTS AND SUP 

In order to attend this session you must have open water swimming / SUP / wild swimming experience, You must be regular though out a period of no less then 2yrs (2 seasons) or have taken up a qualified coach's session with us or another venue.

You must also be able to tread water easily.

Under 18's must need to be passed by the main organiser (Fenwick Ridley)

if in our opinion you are unable to comply with these minimum requirements then we may cancel your place on the session

2.2 INTRODUCTION LESSONS

You confirm you can swim 25m without stopping & tread water. If you're under 18 you must have an adult sign up on our site for you and note names below of under 18's ( adults must be present on the day)

 

3. Illness, medical conditions and acceptance of risk

It is your responsibility to ensure that you are medically fit to swim and that at the start of a session you notify us

of any relevant medical conditions. By booking or attending a session with us you confirm to us that:

(a) You are fit to swim in open water

(b) You meet the minimum requirements for swimming ability.

(c) All personal information you have provided to us is correct and not misleading; and

(d) You understand the dangers of swimming in open water and you agree to swim at your own risk

We will not be liable for any accidents or injuries arising from swimming with us, save that nothing in these terms

and conditions will limit the liability of any person for death or personal injury caused by negligence.

 

4. Safety and general rules

Swimmers are responsible for their safety, actions and behaviour on any part of the site property

Safety for all is our paramount concern and we have the right to remove anyone on, in or around the site who gives

us any concern whatsoever with regard to safety.

swimming without a wetsuit is upto the swimmer and If you choose not to wear a wetsuit you enter the water entirely at your own risk and we shall not be liable for any accidents or injuries you sustain . but in the case of a temp change you will be advised

 

Open water swimming by its nature presents risks to the swimmer over and above those found in a swimming pool

and by booking an open water session you accept that you are acting at your own risk and that we shall not be

liable for any injury or any other matter suffered by you in the session or as a result of the session (including

without limitation for any water borne diseases and/or any injuries caused by wildlife in/on the water.

5. Limitations of Liability

Whilst every reasonable precaution is taken by us to ensure security and safety at our sessions, we shall not in any

way be liable for any loss or damage arising in any way from our sessions or venue we use. However, nothing in

these terms and conditions shall limit the liability of any person for death or personal injury caused by negligence.

Any claim against us arising from attendance at one of our sessions must be notified in writing to us within six

months from the day of the relevant session and we shall not be liable for any claim notified to us after this time.

In any event, we shall not be liable to you:

(a) for any purely economic loss, for consequential or indirect losses or for any loss of profit or opportunity;

(b) (where the claim is insured) for any loss which we are unable to recover from any insurer;

(c) (where the claim arises as a result of something which was done or not done by a third party) for any loss which

we are unable to recover from that third party; and

(d) for any loss which is greater than the fee paid by you for the relevant session.

In the event that you cause harm, damage loss or injury to any other person or property during the session, you

agree to indemnify us and reimburse us for all claims, losses, damages, expenses (including reasonable legal

fees) and any other liability suffered by us as a result of such harm, damage, loss or injury caused by you.

We shall not be liable for any loss or theft of your personal possessions and all property left by you in changing

rooms, the car park or anywhere else on or in the vicinity of our venue is done so at your own risk.

6. Governing law

English Law shall govern these terms and conditions and you agree that any disputes shall be resolved exclusively

by English courts.

 

7. REFUNDS SUP AND SWIM

Refunds do not apply to sessions that are forgotten about.

Swim sessions costing £7 are none refundable and none transferable.

Sup hire or paddle entry to the lake sessions are none refundable.

Swim Lessons or SUP booked and paid for need 3 days notice on cancellation to qualify for a refund or new date, any notice less then 3 days are subject to full payment.

Lessons cancelled 3 to 7 days prior without new date will be £5 charge, amore then 7 days will be no charge.

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