SUMMER TIME SWIM TERMS AND CONDITIONS

1. THESE TERMS 

1.1 What these terms cover. These are the terms and conditions on which you (you/your) agree to participate in Summer Time Swim, 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, how entry into Summer Time Swim works, details about Summer Time Swim and other important information. You should read these terms carefully before you sign up to take part in Summer Time Swim. 

2. INFORMATION ABOUT SUMMER TIME SWIM

2.1 Summer Time Swim. Summer Time Swim is a swimming challenge campaign promoting swimming by encouraging individual members of the public to swim by taking up a time based swimming challenge in their own time, at a pool or swimming venue of their own choice (Venue) and over multiple swims. The Venue that you choose must be a recognised swimming venue in the United Kingdom open for use by the public and staffed with a continually present lifeguard and operated in accordance with all applicable laws, rules and regulations. More information can be found at SUMMERTIME SWIM - Swimathon 2025. Summer Time Swim is currently scheduled to take place over the month of August 2025.

2.2 Event Management. Summer Time Swim campaign is operated by Swimathon Foundation (a registered Charity with number 1123870 and a company limited by guarantee registered in England with number 04684234) (we/us/our).

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. If that is not possible you can contact us by post at Summer Time Swim 2025, PO Box 4500, London, WA1 7LF.  

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

3. OUR CONTRACT WITH YOU 

3.1 Your registration. Our acceptance of your entry to Summer Time Swim 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 Privacy Policy - Swimathon 2025. Registrations are accepted on a first-come, first-served basis.

3.2 By registering, you are confirming that you are at least 18 years old at the date of your registration. If you are under 18, you can only participate as part of a team and you must have obtained consent from your parent or guardian to do so. If you are registering on behalf of an individual who is under 18, you are confirming that that individual has received consent from their parent or guardian to take part of a team. 

3.3 By registering, you are confirming that you are prepared and able to take part in Summer Time Swim. Swimming is physically challenging. By registering, you are confirming that you are healthy and fit to and can swim; that you can complete your Summer Time Swim challenge unaided; and that you have freely chosen to participate in Summer Time Swim entirely at your own risk. By registering a team, you are confirming that you and your teammates are healthy and fit to and can swim; that each of you can complete your Summer Time Swim challenge unaided; and that each of you have freely chosen to participate in Summer Time Swim entirely at your own risk.

3.4 Rules and regulations. In attending at or participating in Summer Time Swim you, and if you are registering a team you and your teammates, must at all times adhere to all instructions and abide by all rules and health and safety directions set out in these terms and as given by the staff at the applicable Venue and to all relevant and applicable laws, rules and regulations and guidelines that may relate to your participation, whether in general terms or at the Venue at which you participate in Summer Time Swim.

3.5 Summer Time Swim participation. Summer Time Swim is a recreational swimming challenge, participation in which is entirely at the risk of the individual participant concerned. We recommend that you always swim within your limits, that you allow enough time for rest in between each swim, that if you are swimming in open water that you do so with at least one other person at all times and that you hydrate before, during and after each swim. If you have any doubts about your ability to participate we recommend that you seek advice before doing so.

3.6 After clearance of the appropriate payment, no refunds or deferrals shall be provided should you fail to take part for any reason in Summer Time Swim, subject to clause 3.7 below.

3.7 In the event that Summer Time Swim is postponed or cancelled, whether as a result of any pandemic or otherwise, you will have the opportunity to defer your entry to a subsequent Summer Time Swim event.

4. THE EVENT 

4.1 How Summer Time Swim works. Summer Time Swim is a time based swimming challenge, further details of which can be at SUMMERTIME SWIM - Swimathon 2025

4.2 Date of Summer Time Swim. It is intended that Summer Time Swim will take place throughout August 2025 (but this could change, at our discretion).

4.3 We may photograph or film Summer Time Swim. By registering or attending or participating in Summer Time Swim at one of our designated venues you, and (if applicable) your teammates, agree to grant to us: (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 Summer Time Swim, and to sub-licence the same in connection with:

a) the production, operation, advertisement, marketing, promotion or sale of Summer Time Swim or any “Summer Time Swim” branded events or activites: and/or

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

c) the promotion, marketing or advertising of our Charity or commercial partners in connection with any “Summer Time Swim” branded swimming campaign.

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 Summer Time Swim.

4.4 Personal Data. We may use any biographical or other information or data relating to you, for the purposes of insurance, permits, publishing results, internal analysis and the development, promotion and operation of Summer Time Swim Challenge and other Swimathon Foundation events and activities, including Swimathon and Marathon Swims. Such data will be used solely in accordance with current data protection legislation. Subject to our compliance with such legislation, you acknowledge that personal information can be stored, used and disclosed by us in connection with the organisation and administration of the Summer Time Swim Challenge and for the compilation of anonymised statistical information.

4.5 Refusing entry. We and the staff at your Summer Time Swim Venue may refuse your entry to take part in your Summer Time Swim challenge or ask you stop taking part and leave the Venue if:

a) you try to take part in the Summer Time Swim event in a manner that can reasonably be considered to risk injury to you or someone else, may damage or harm the Venue, may cause offence to users at the Venue, or otherwise causes a risk or potential risk to health and safety: or

b) it is can reasonably be believed that you are unfit to participate in the Summer Time Swim challenge due to consumption of alcohol or drugs, or due to injury, fitness or illness.

5. OTHER IMPORTANT TERMS   

5.1. 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.

5.2. We reserve the right at any time to make any changes or improvements to Summer Time Swim (including but not limited to Summer Time Swim’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 Summer Time Swim via email communication and our website. Neither we, nor any of our Summer Time Swim Partners (being any Summer Time Swim charity or commercial partner) is, are or will be responsible for any loss arising from such changes or improvements (if any).

5.3. We do not provide any insurance in respect of any loss or liability (including without limitation in respect of the cancellation or postponement of Summer Time Swim or for any illness, accident, injury, death, loss, liability and/or damage) that may arise in connection with the attendance at, training for and/or participation in Summer Time Swim by you or (if applicable) your teammates. If you or your teammates require insurance, you must obtain it yourselves.

5.4. You hereby agree and acknowledge that save as expressly set out in clauses 5.5, 5.6 or 5.7 below, none of us and any Summer Time Swim Partner:

a) is or can be held accountable for any liabilities, claims, actions, proceedings, loss, damage, costs or expenses suffered or incurred by you 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 third party in connection with any accident, loss, damage or injury (including death) arising out of your or any member of your teams’ attendance at, training for or participation in, Summer Time Swim;

c) is or can be held liable to you or any member of your team in connection with Summer Time Swim 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 death of, you or any member of your team.

5.5 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.

5.6 Nothing in these terms shall affect our liability or the liability of any Swimathon Partners: 

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. 

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

5.8 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 any of its group companies shall be entitled to enforce the terms of this agreement. 

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

5.10 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.