Nevis

TERMS & CONDITIONS

GENERAL CONDITIONS OF ENTRY TO NEVIS TO ST KITTS RACE

(© St Kitts and Nevis Swim Events Ltd)

In these Conditions the following definitions shall apply:

"Agreement" - the agreement between you and St Kitts and Nevis Swim Events Ltd comprised of the Event Conditions and these Conditions of Entry;

"Event" - the event is the St Kitts Cross Channel Swim organised by St Kitts and Nevis Swim Events Ltd;

"Event Conditions" - the terms and conditions, in addition to these Conditions of Entry, provided to you by St Kitts and Nevis Swim Events Ltd in respect of the Event;

"Event Date" - the date of the Event, as specified in the Event Conditions;

"Fee" - the fee payable by you to St Kitts and Nevis Swim Events Ltd in consideration of your participation in the Event, as specified in the Event Conditions;

"we", "Nevis to St Kitts Cross Channel Swim" - means St Kitts and Nevis Swim Events Ltd trading as St Kitts and Nevis Swim Events Ltd;

"you" - means you the Event participant.

St Kitts and Nevis Swim Events Ltd is a company registered in England and Wales (company number 14920212). Nevis to St Kitts Cross Channel Swim is a trading name of St Kitts and Nevis Swim Events Ltd.  St Kitts and Nevis Swim Events Ltd is the merchant selling entries in the Event.

 

  1. ENTRY

1.1 By submitting your application and paying your Fee you are agreeing to enter the Event and also agree to abide by these Conditions of Entry, the Event Conditions and any instructions given to you by the organisers and officials of the Event.

1.2 By taking part in the Event, you agree to comply with the Race Rules as published on the website and subject to change from time to time

  1. EVENT SAFETY

2.1 At all times during the Event you must adhere to all instructions given by the Event officials.

2.2 Your participation in the Event is personal to you, you are strictly prohibited from swapping, selling or transferring your place in the Event or allowing any other person to wear your swim hat and participate in your place. If you are found to be in breach of this Condition we reserve the right to exclude you from participation in future Events.

2.3 You warrant to St Kitts and Nevis Swim Events Ltd that you are, and will be on the Event Date, sufficiently fit and healthy to participate in the Event unaided and in accordance with the Agreement and have undertaken appropriate swim training to enable you to complete the distance of the Nevis to St Kitts Cross Channel Swim.

 

  1. EVENT EJECTION

3.1 We reserve the right to refuse entry to the Event or ask you to cease participation if:-

3.1.1 you fail to follow instructions given by Event officials.

3.1.2 you attempt to participate in the Event in a manner that we, acting reasonably, believe:-

(a) may cause injury to you;

(b) may cause injury to another participant;

(c) may damage or harm the environment;

(d) is likely to cause offence;  or

(e) otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 2 above (Event Safety);

3.1.3 in our opinion you are unfit to participate in the Event due to:-

(a) the consumption of alcohol;

(b) the use of drugs;

(c) an injury or illness; or

3.1.4 you fail to arrive at the start check in at the specified time; or

3.1.5 you are unable to make sufficient progress in the Event to allow you to complete the event in line with timelines set by Event officials in their absolute discretion and as identified by the last support craft.

3.1.6 you take part in any ambush marketing activity.

 

  1. CANCELLATION BY YOU

4.1 You should inform St Kitts and Nevis Swim Events Ltd immediately, in writing, if you incur an injury or develop a medical condition which prevents you from participating in the Event and need to withdraw. Registration fees are non-refundable in the case of non-participation in the event

Entries are non-transferable either to a different participant or to subsequent St Kitts Cross Channel Swim events in future years.

 

  1. CANCELLATION BY ST KITTS AND NEVIS SWIM EVENTS LTD

5.1 We may cancel the Event (1st Day option) if circumstances beyond our reasonable control arise, including, without limitation, war, civil or political unrest, terrorism or inclement weather conditions.

5.2 In such circumstances:

5.2.1 We will endeavour to stage the Event a day later (2nd day option) either at the same venue or at an alternative venue. Any changes to the Event will be communicated to you at the earliest possible time.

5.2.2 We will endeavour to stage the Event on either the 1st day option or the 2nd day option. Failing that we reserve the right to run a coastal swim on either Nevis or St Kitts on either the 1st day option or the 2nd day option. Any changes to the Event will be communicated to you at the earliest possible time.

5.2.3 You will have the right to take part in the re-staged Event;

5.2.4 If you do not wish to take part in the re-staged Event, you will NOT receive a refund of the entry fee.

5.5 In the event of ongoing national restrictions preventing the Event taking place as planned, we will endeavour to stage the Event at a later date either at the same venue or at an alternative venue. All entrants will be automatically transferred to the subsequent staging of the Event. Any changes to the Event will be communicated to you at the earliest possible time.

5.6 In the event of cancellation or postponement of the Event under any circumstances we will have no responsibility for any costs incurred as a result of cancellation or postponement.

5.7 St Kitts and Nevis Swim Events Ltd reserves the right to cancel the Event if one month before the Event Date we have not, in our sole discretion, received sufficient number of applications to ensure that there are enough participants to make the Event economically viable.

A cancellation due to ‘force majeure the following will apply: 

    • No refunds will be paid.
    • All entrants at the time of cancellation will be automatically transferred into the equivalent event for the next available Nevis to St Kitts Cross-Channel Swim.
    • Entrants transferred to the next available Nevis to St Kitts Swimming Race may request deferral of their entry/entries for one (1) additional subsequent year. Such requests should be made by email.
    • No alternative goods/services to the value of the transferred entries will be offered. 
       

  1. DATA PROTECTION

6.1 You agree that your Personal Information can be stored, used by St Kitts and Nevis Swim Events Ltd and our Event partners in connection with the organisation, staging and administration of the Event.

6.2 You agree that your Personal Information may be anonymised and the anonymised data may be used by St Kitts and Nevis Swim Events Ltd and our Event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.

6.3 You agree that your name, image and contact details can be used by St Kitts and Nevis Swim Events Ltd and our Event partners for the purposes of:-

6.3.1 the promotion and marketing of the Event;

6.3.2 adding you to a mailing list to keep you informed about any future events and services which we believe you might be interested in, such as leisure activities relating to either similar types of events or activities;

6.3.3 promotional and marketing material in respect of similar events, other community based activities  organised by our Event Partners,

(together the "Marketing Information").

6.4 We shall take all necessary steps to ensure that Personal Information or Marketing Information pertaining or relating to you which comes into the possession or control of St Kitts and Nevis Swim Events Ltd or our Event partners shall not be:-

6.4.1 used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions;

6.4.2 disclosed to any person not authorised by you to receive it; or

6.4.3 altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).

6.5 If you would not like St Kitts and Nevis Swim Events Ltd or our Event partners to use the Marketing Information or Personal Information other than for purposes related solely to your participation in the Event, please e-mail St Kitts and Nevis Swim Events Ltd.  You may also withdraw your consent by ticking the appropriate box on you application form.

6.6 By agreeing to the terms and conditions you will receive a limited number of welfare emails which will include training information and latest updates on the Event itself.

 

  1. CHANGES TO THE EVENT

7.1 We reserve the right to reduce the course distance, change the course, or make any other amendment to the Event that we deem necessary to stage the Event.  Any change to the Event will be communicated to you at the Event or sooner if practicable. 

7.2 Should the course distance be reduced as per clause 7.1 above for the avoidance of doubt you agree that the Event is still deemed to be staged and that we will not be liable to you for any refund.

  1. USE OF IMAGE

8.1 The Event may be televised, and photographs may be taken which capture your participation in the Event. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in the Event.

8.2 Whilst we will make reasonable endeavours to capture a photograph of every event participant which will then be offered to each participant for purchase, we do not offer a guarantee that images will be captured.

 

  1. FINISHERS MEDAL

You will only receive a finishers medal if you complete the Event.  No finishers medal will be provided to spectators or participants who do not complete the Event.

 

  1. TAKING PART FOR A CHARITY

10.1 Your entry to the Event will be acknowledged via a confirmation email. If you are taking part to raise money for a charity you should not enter into any sponsorship raising until you receive this email.

  1. MEDICAL CONDITIONS

11.1 It is strongly recommended that you train for the Event and prepare for the challenge.  If you have not exercised before or for some time, you should consult your doctor before commencing your training for the Event. 

  1. LIABILITY

12.1 In no event shall we be liable to you, whether for breach of contract, any tortious act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:

12.1.1 loss or damage;

12.1.2 loss of profit;

12.1.3 loss of reputation;

12.1.4 loss of business, revenue or goodwill;

12.1.5 loss of anticipated savings;

12.1.6 pledges made on your behalf or by you to charity; or

12.1.7 consequential or indirect loss, regardless of whether the loss or damage:

(a) would arise in the ordinary course of events;

(b) is reasonably foreseeable; or

(c) is in the contemplation of the parties, or otherwise.

12.2 Nothing in this Agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.

12.3 We shall procure and maintain appropriate third-party liability insurance for the Event for our own benefit.  You:

(a) acknowledge that you are not entitled to benefit under such insurance where any claim is made against you by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event; and

(b) shall indemnify us and keep us indemnified against any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with your negligent actions or omissions whilst participating in the Event

  1. GENERAL

14.1 If there is a conflict or inconsistency between any provision contained in the body of these Conditions of Entry and any provision contained in the Event Conditions, except where provided to the contrary in the latter, the Event Conditions prevail to the extent of the conflict or inconsistency.

14.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.

14.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.

14.4 Nothing in the Agreement shall have the effect of holding the Partners out as being a partnership, joint venture, principal or agent of each other or of St Kitts and Nevis Swim Events Ltd.

 

  1. JURISDICTION/GOVERNING LAW POLICY

We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your entry or travel must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.