Open Water Swimathon 2021 – Venue Terms and Conditions
1. Event Background and Venue Selection
1.1 Swimathon Foundation a company limited by guarantee and a charity (registered in England with number 1123870) (Foundation), is the owner of the assets comprising the annual Open Water Swimathon event identified by the ‘Open Water Swimathon’ trade name and logos, taking place at outdoor and open water swimming venues in the United Kingdom at which members of the public swim distances and, in so doing, will be asked to and may raise funds for charitable causes (OWS). OWS is operated through the Foundation’s wholly owned subsidiary Swimathon (Trading) Limited (we/us/our) and is managed by LimeLight Sports Limited (LimeLight). It is intended that the 2021 OWS will take place from 10th – 12th September 2021 inclusive at outdoor and open water swimming venues throughout the UK (the Event).
1.2 These are the terms and conditions upon which you, as the owner or operator of an outdoor swimming venue (you/your), have agreed to the selection and use of your Venue as one of the venues for the Event (Terms). In these Terms Venue means your venue and all those adjacent and related facilities owned or controlled or managed by you and used for the purposes of the Event.
1.3 In return for the selection of your Venue as one of the venues at which it is intended that the Event will take place and for the supply to your Venue of valuable Event Marketing Material in accordance with Paragraph 7 below, you agree to comply with these Terms.
2. Event delivery and promotion
2.1 Selection of your Venue means that you will, to the best of your skill and ability, from the date of your Venue’s selection for, and through to the end of, the Event:
(a) promote the Event generally including at your Venue;
(b) encourage and maximise the recruitment of Event participants (Participants and each a Participant) at your Venue;
(c) stage and deliver the Event at your Venue in accordance with first class open water swimming industry standards which shall include, without limitation, at all times ensuring:
(i) that the delivery of the Event is in line with the best practice event guidelines provided to you by LimeLight; and
(ii) that the delivery of the Event at your Venue complies with all applicable health and safety laws and rules and regulations (Health and Safety Guidance); and
(iii) compliance with SH2OUT COVID-19 Venue Guidance and all UK Government Covid-19 laws, rules, regulations and guidance in respect of swimming and related activity applicable from time to time (Covid-19 Guidance);
(d) submit your Participant results within one hour of the end of the session at your Venue to which such results relate, to LimeLight.
2.2 You acknowledge and agree:
(a) that in staging the Event you will comply with the recommendations and guidance set out in clause 2.1 above;
(b) the official website for the Event can be found at ‘openwaterswimathon.org’ where the 2021 OWS venues and their event dates and times will be displayed (Site);
(c) Participants may enter the Event only through the online entry portal on the Site and any and all entry fees for the Event will be collected at the time of entry only by us or by LimeLight;
(d) a section of the Site will be dedicated to venue owners and operators where you can access information specific to your Venue and Participants, using your Venue login (Login Area), and where you will promptly record all final results for Participants;
(e) JustGiving is the official fundraising platform for the Event and all Participants are encouraged to open a fundraising page as part of the entry process and fundraise for the official charity partners to the Event, Marie Curie and Cancer Research UK (Charity Partners) and for the Foundation, through this platform; and
(f) that the names and logos of the Foundation, the Charity Partners and other official partners of the event (including, for example, a Swimathon Brand partner or swimming sports governing body) will appear on Event promotional materials, including those used at your Venue.
3. Session Criteria
3.1 You shall provide at least one Event swimming session on one of the applicable Event dates at your Venue, the date to be agreed with LimeLight, during which you will make the swimming and other facilities at your Venue available to Participants (Session), as follows:
(a) sufficient circuit length to provide a swimming session in circuit distances from 500m to 5km, with a single session lasting for at least 3 hours; and
(b) Participant capacity per session to be based on the capacity for which you have in place adequate and sufficient health and safety facilities in accordance with the terms of this letter, with the minimum capacity being 30 entrant places.
4. Event Experience Criteria
4.1 In respect of each Session you will provide:
(a) for and throughout each Session a minimum of two Event day staff to lead each Session;
(b) for and throughout each Session the legally required number of lifeguards and safety boats;
(c) a fully staffed welcome desk for registration and the handing out of swimming caps;
(d) a master of ceremonies to make announcements and provide Participants with a safety briefing;
(e) Medal presentations to be held on the day of the Event; and
(f) post Event refreshments and the provision of sufficient quantities of drinking water in good time before, during and after each Session.
4.2 You will at all times during the Event adhere to all applicable health and safety laws, regulations and criteria including, without limitation, as set out in this letter.
5.1 Your principal contact for the purposes of your Venue’s participation in the Event will be LimeLight. As email will be the main means of communication between you and LimeLight, you must provide LimeLight with at least two valid email contact addresses so that LimeLight can make you fully aware of Event details. You may also provide a general ‘info@’ (or similar) contact address for the Venue.
5.2 In the event of a Session cancellation or change for any reason, you shall inform LimeLight and all of the Participants affected as soon as possible, time being of the essence.
5.3 LimeLight will be responsible for providing you with a venue login for your Venue, to allow access to Participant contact information on the Site. You must at all times treat this information in a manner that is compliant with applicable data protection legislation, to include (without limitation):
(a) only contacting Participants for a functional purpose about the Event and for no other purpose; and
(b) not retaining any Participant’s contact details for longer than you need to, and in no event beyond the end of the Event.
5.4 Any changes in your key staff responsible for the Event or their contact details shall be communicated to LimeLight in a timely manner.
6. Event Marketing Material
6.1 All Event marketing material will be provided by LimeLight and must be displayed prominently at your Venue (Event Marketing Material) for and throughout the period from 1 May 2021 to 12 September 2021 (the Campaign Period). All Event promotional material must comply with Health and Safety and SH2OUT COVID-19 Venue Guidance as may be applicable.
6.2 You shall make your staff at your Venue aware of and provide them with information about the Event in good time in advance of the start of the Campaign Period. As part of this process, you will ensure that your staff are able to inform your customers as to how to enter the Event.
6.3 All of your staff involved in the Event must wear the Event t-shirts provided by LimeLight at and throughout each Session.
7. Swimmer Recruitment and Promotion
7.1 You are encouraged to fill each of your Sessions to capacity with support from the LimeLight team. You should aim to recruit as many of the permitted number of Participants as possible (including team Participants) at your Venue, subject to Health and Safety and SH2OUT COVID-19 Venue Guidance.
7.2 We recommend that you enter at least one staff team per Venue, of 2 to 5 team members. We offer these places to you free of charge, and in return you will encourage your staff to become involved with the Event and to persuade others to enter the Event and to generate team spirit in connection with the staging of the Event at your Venue. Participation can create great stories for you to use to maximise the impact of your involvement in the Event and awareness of what your Venue has to offer, especially amongst the Open Water Swimathon community.
7.3 During the Campaign Period LimeLight will supply you with the following recruitment support in addition to the promotional materials: regular emails to provide recruitment figures with top tips to assist you wit recruitment, a best practice promotional material guide, digital promotional assets and customer support from Monday to Friday, 9.00 – 17.30.
7.4 Throughout the Campaign Period you will actively promote your Venue’s involvement in the Event in your local media. You are encouraged to send out regular posts through your Venue social pages as well as putting in requests to your operator. To support you with this, LimeLight shall provide you with stock social media posts to attract your social community.
7.5 LimeLight reserves the right to share your posts to spread the word about the Event and your Venue’s involvement in it.
7.6 You hereby consent to the use by Swimathon and by LimeLight of images of your Venue and of your staff in connection only with the marketing and promotion of Swimathon events and activities (including without limitation the Event) at any time in any media.
You shall submit all Event Participant results for each Session (which shall include swim time and distance) to LimeLight within 1 hour of the completion of each Session. The instructions as to how to do this shall be available in the Login Area on the Site.
9. Health and Safety Conditions
9.1 You warrant and undertake that your Venue shall for and throughout its use in connection with the Event comply with all legal and statutory requirements and with first class open water swimming industry practice in relation to its operation and use, including without limitation by Participants and accompanying visitors.
9.2 You undertake to effect and maintain for and throughout the Campaign Period at your own cost insurance policies with a reputable insurance company to cover potential liabilities from the staging of the Event, including without limitation third party and public liability insurance with an aggregate limit of not less than £10,000,000 Sterling per claim or series of related claims. You will provide us with evidence of such insurance forthwith upon request.
9.3 The selection of your Venue(s) to stage the Event is subject always to your Venue(s) having been approved in good time in advance by SH2OUT. You will be required to demonstrate to LimeLight that such approval has been obtained. For this purpose, you will either need to self-certify and sign official documentation to agree that you meet SH2OUT requirements or venue health and safety documentation must be reviewed and approved by SH2OUT. SH2OUT will contact you directly to request the required templates, unless you are already an approved SH2OUT venue. You will be required to provide the following information:
(a) Evidence of Insurance cover as required under clause J.2 above;
(b) DEFRA registration confirmation or evidence of water quality testing regime with historic results;
(c) Risk assessment (to include your normal operating procedures, your emergency action plan and all safety boat and lifeguard requirements); and
(d) First aider confirmation with evidence of operation procedures.
The risk assessment and first aider confirmation should be submitted using the SH2OUT safety guidance templates which will be provided by SH2OUT.
9.4 Your Venue shall provide suitable and sufficient facilities, infrastructure and other arrangements necessary to accommodate the minimum and maximum number of Participants and accompanying visitors and shall comply with all health and safety legislation and any and all other legislation, guidance and good industry practice.
9.5 Your Venue shall provide a suitable and sufficient number of competent staff in all areas to accommodate the minimum and maximum number of Participants and accompanying visitors and shall comply with all health and safety legislation and any and all other legislation, guidance and good industry practice.
9.6 Your Venue shall have in place suitable and sufficient and reasonably practicable, health and safety policies, procedures and arrangements to accommodate the minimum and maximum number of Participants and accompanying visitors which comply with all health and safety legislation, guidance and good industry practice.
9.7 Your Venue shall have suitable and sufficient policies, procedures and arrangements to accommodate the minimum and maximum number of Participants and accompanying visitors and which comply with any and all legislation, guidance and good industry practice that does not fall under any and all health and safety legislation, guidance and good industry practice.
10. Data Protection
10.1 You acknowledge and agree that we, the Foundation and LimeLight may use and may share with the Event’s official charity partners, Marie Curie (MC) and Cancer Research UK (CRUK), and official Health & Safety partner, SH2OUT, the contact details of staff at your Venue for use between 1 March 2021 and 31 December 2021 subject to the following conditions in relation to such use:
(a) each of the Foundation, Swimathon and LimeLight shall only use and only share with MC, CRUK and SH2OUT the following data concerning your Venue and its staff:
(i) Name of Venue;
(ii) Main contact (first and last name);
(iii) Email address of main contact; and
(iv) Phone number of main contact.
(b) In addition, SH2OUT will be supplied with any venue health and safety documentation provided directly to LimeLight in order to review and ensure that venues reach the required safety standards.
(c) We shall use all reasonable endeavours to ensure that MC and CRUK will contact the Venue for the following purposes only:
(i) to promote the Event;
(ii) to request permission for MC’s and CRUK’s promotional purposes; and
(iii) to arrange meetings with Venue organisers.