Terms & Conditions

THE TERMS AND CONDITIONS DETAILED BELOW APPLY TO ALL ENTRANTS PARTICIPATING IN ISWIMRUN RACES, GUIDED SWIMS, GUIDED RUNS, COACHING, WHETHER 1:1 OR GROUP OR ANY OTHER ACTIVITY PROVIDED BY MIZULU LTD / ISWIMRUN.

COMPLETION OF AN ENTRY FORM OR PURCHASE OF ANY ENTRY  OR BOOKING BY EVENT PARTICIPANTS ACKNOWLEDGES THE ACCEPTANCE OF THESE TERMS AND CONDITIONS BY THE PARTICIPANT.

1. Definition and interpretation
   1. ‘Event’ means any race, training day or any other occasion created by I-Swim-Run
   2. ‘Force Majeure’ means any condition or event beyond our reasonable control which makes the provision of the event or related services impossible, impractical or unsafe and which may include but are not restricted to: unpredictable weather, adverse weather, adverse water quality, acts of violence, terrorism or war, riots or other forms of civil disorder, public disaster, epidemic, pandemic disease, fire, explosion, strike or lockout, absence of power or other essential services, failure of technical facilities, national mourning, any act, order or ruling of any court, government agency or public authority, acts of God or the stopping of the event by Police or other emergency service.
   3. ‘Participant Declaration’ means the declaration that participants must agree to before entering any event.
   4. ‘Event transfer deadline date’ means the date set out in the event schedule by which you may apply to transfer your entry to another I-Swim-Run event.
   5. ‘Participant transfer deadline date’ means the date set out in the event schedule by which you may apply to transfer your entry to another participant.
   6. ‘Transferee’ means the person to whom you wish to transfer your entry where permitted in accordance with clause 5 of these terms
2. Event Rules
   1. All participants must be familiar with the event rules, which are available They must be followed at all times
   2. You must agree with the participant declaration when entering and at registration.
   3. You are responsible for collection of any event equipment provided by the organisers before the event. Failure to have obtained any race equipment prior to the start of the race will result in removal from the start line.
   4. You must attend the race registration and briefing at the allotted time. Failure to attend will forfeit your entry with no refund of entry fee or any other costs.
   5. If there is any conflict between the event rules and these terms and conditions, these terms will apply.
3. Waiting Lists 
   1. Where there is a waiting list active on the entry system, this does not affect the Terms and Conditions of your entry. We will not sell on your entry for you or provide you with details of waiting list members.
   2. You may only join the waiting list for one distance option. Joining the waiting list does not guarantee you an entry to the event. We are under no obligation to either offer you a place or to give you an indication of how likely you are to receive an entry. No payment of fee is taken until we offer you an entry and you accept it. We will contact you if an entry becomes available and you must accept it within 24 hours, or we will offer it to the next person on the list and delete your waiting list application.
4. Cancellation and rescheduling of the event
   I-Swim-Run. Events often take place in open water. This means that we are subject to additional weather risk and other conditions and may have to re-schedule, re-format (i.e.: shorten the course) or cancel an event.
   1. Where a Force Majeure Event occurs, we may consider it appropriate to cancel, reschedule or relocate the event. In such circumstances we will use reasonable endeavours to inform you of such cancellation, rescheduling or relocation by email using the contact details you provide on entry into the event. Where, given the timing of the Force Majeure Event, it is not practicable to provide you with email notice, we will use reasonable endeavours to provide other methods of notice including mobile phone & text message.
   2. Where we cancel the event because of a Force Majeure Event (and we are not able to reschedule or relocate the Event), we will transfer your entry to the next scheduled iteration of the same event organised by us (at no cost to you). Unfortunately no refunds will be offered within 14 days of the date of the event.
   3. Please write to us using the contact details set out in clause 15.
   4. We will not be liable for any failure to perform our obligations under these terms where such failure is caused by a Force Majeure Event.
   5. We will not be liable for any incidental costs incurred by you, including travel, accommodation and/or any similar costs where the event is cancelled, rescheduled, or reallocated due to a Force Majeure Event.
5. Cancellation by you
   1. Any confirmed entry that has been deferred from a previous year for any reason is not eligible for a refund or for further deferral.
   2. You can:
      1. Cancel your entry with a refund until 3 months before your event if you have chosen the refundable booking option on our booking system – RaceID. Cancellation can be activated here

1. After that time the option to cancel with a refund will no longer be available.
2. We are unable to offer deferrals if you find that you are unable to attend the event for any reason.
3. You can transfer your entry to another participant at any time up until 1 week from your event.

6. Participant Transfers
   1. You may submit a written request to transfer your entry to a Transferee. We will accept such request at our absolute discretion but subject always to the following:
   2. the transfer request must be received by us before the Transfer Deadline Date specified in the Event Schedule.

• the Transferee must meet any relevant requirements notified by us to you and the Transferee.

1. the Transferee must comply with these terms and the Event Rules.
2. the Transferee is responsible for paying the fee of the event to you if required by you. I-Swim-Run will not act as agent for any financial transactions. Only the Event Entry is transferred, any additional purchases, including Refund Protect, will not be transferred to the new participant.
3. you understand and accept that we have no responsibility to find a replacement participant and will not publish details of waiting list participants.

• once you have transferred your entry, the Transferee will then own the entry and we will no longer have any obligation to you, regardless of any payment you have made to the us.

7. Changes to the Event
   1. We reserve the right to change the course, including shorten the overall distance, or the distance of any section of the course, or remove sections completely, or make any other amendment to the event that we deem necessary to stage the event in a safe manner.
   2. Any changes to the event will be communicated to participants at the event or sooner if practicable.
   3. Should any section’s distance be reduced as per 6 a), for the avoidance of doubt, you agree that the event is still deemed as staged and you will not be entitled to any refund.
8. Event Ejection
   1. We reserve the right to refuse entry to the Event or ask you to cease participation if:-
   2. you fail to follow instructions given by Event officials.
   3. you attempt to participate in the Event in a manner that we, acting reasonably, believe: –
      1. may cause injury to you.
      2. may cause injury to another participant.

• may damage or harm the environment.

1. is likely to cause offence; or
2. otherwise causes a risk or potential risk to health and safety.
3. in our opinion you are unfit to participate in the Event due to: –
   1. the consumption of alcohol.
   2. the use of drugs.
   3. an injury or illness; or
   4. you fail to arrive at the start check in at the specified time; or
   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.
   6. you take part in any ambush marketing activity.
4. Data Protection
   1. You agree that your Personal Information can be stored, used by I-Swim-Run and our event partners in connection with the organisation, staging and administration of the Event.
   2. You agree that your Personal Information may be anonymised, and the anonymised data may be used by I-Swim-Run and our Event partners in connection with the compilation of statistical information and to improve health and safety procedures at future events.
   3. You agree that your name, image and contact details can be used by I-Swim-Run and our Event partners for the purposes of:-
      1. the promotion and marketing of the Event;
      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.

• promotional and marketing material in respect of similar events, other community based activities organised by our  Event Partners,
  (together the “Marketing Information”).  If you object to such, please see Condition 7.7.

1. 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 I-Swim-Run or our Event partners shall not be:-
   1. used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions.
   2. disclosed to any person not authorised by you to receive it; or

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

1. If you would not like I-Swim-Run 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 email us at [email protected]. You may also withdraw your consent by ticking the appropriate box on your application form.
2. 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.
3. By agreeing to the terms and conditions you warrant that you will not take part in any ambush marketing activity in respect of the Event

• Use of Images
  1. Videography and photography may be undertaken at any event. These may capture your participation at the event. You agree to the publication of your image.
  2. Whilst we endeavour to capture images of every participant, which will then be offered for purchase, we do not guarantee that images will be captured.
• Medical Conditions
  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.
  2. By entering the event you certify that you are not aware of any medical reason why you should not do so.

12. Liability
    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:
       1. loss or damage;
       2. loss of profit;

• loss of reputation;

1. loss of business, revenue or goodwill;
2. loss of anticipated savings;
3. pledges made on your behalf or by you to charity; or

• consequential or indirect loss, regardless of whether the loss or damage
• would arise in the ordinary course of events;
  1. is reasonably foreseeable; or
  2. is in the contemplation of the parties, or otherwise.

1. Provided that nothing shall limit or exclude our liability: for fraud; for death or personal injury caused by our negligence; arising from a deliberate breach of these terms by us; or any other liability to the extent the same may not be excluded or limited as a matter of law you:
   1. assume the risks of participating in the event and, waive, discharge and release us, our officers, employees and contractors from any and all liability, including but not limited to, liability arising from your death, disability, personal injury, property damage, property theft, or actions of any kind which may occur during or in connection with the event.
   2. consent to receiving medical treatment which may be deemed necessary in the event of injury, accident, and/or illness during the event, and neither we, nor our officers, employees or contractors, shall be liable for such treatment.

• agree that we shall not be liable for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether such loss or damage arises under: tort (including negligence); contract; breach of statutory duty or otherwise, and whether or not such loss or damage is foreseeable, foreseen or known;

1. agree that our maximum aggregate liability under or in connection with these terms whether such claim arises in: contract; tort (including negligence); breach or statutory duty; or otherwise shall in no circumstances exceed a sum equivalent to the total amount of the Fee paid by you at the date such action or claim arises.

1. We shall procure and maintain appropriate third-party liability insurance for the Event for our own benefit.  You:
   1. 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
   2. 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
2. Children Under 18
   18. Parent/guardian permission is required for all children under the age of 18 participating in an event. By entering the event online, agreeing to parental consent at point of entry, and paying in advance, agreement to the Parental Consent Agreement (Cluse 18.4) is assumed.
   19. For all children under the age of 16, a parent/guardian must be present throughout the event the child is participating in. All children must be accompanied on the event course by a parent/guardian. Without a parent/guardian present the child will be unable to participate in their event, without exception
   20. I-Swim-Run reserves the right to refuse any participant entry to an event at the time of registration should the appropriate permissions not be in place by the parent/guardian.
3. Parental Consent Agreement
   By allowing my child to participate in the event, I, the parent/guardian of the child mentioned above agree and acknowledge that:
   1. I am aware of the inherent element of risk involved in the event undertaken and accept responsibility for exposing my child to such inherent risks.
   2. I have satisfied myself that my child has the necessary skill and knowledge to take part in the event and to deal with conditions that may arise in the course of the event.
   3. I confirm that my child does not have any disability or medical condition, physical or mental, which could affect their ability to participant safely in the event.
   4. I accept responsibility for any injury, damage or loss to the extent caused by my own actions or omissions or actions or omissions of my child.
   5. I will be responsible for my child throughout the event and during the time that they are participating.
   6. I understand that children under the age of 16 must be accompanied by a fee-paying parent/guardian throughout the whole duration of the event.
   7. I hereby grant full permission to I-Swim-Run. as the Event Organiser to use any photographs, videotapes, motion pictures, website images, recordings, or any other record of my child at the event.

• General
  1. If you do not comply with or otherwise breach these Terms or Event Rules:
     1. we will disqualify you from the event and you shall not receive a refund on any part of the fee; and
     2. we also reserve the right to exclude you from participation in any future events we organise.
  2. These terms are subject to change in relation to future events. All changes shall be published on our website, and we advise you to review these carefully before signing up to any additional events.
  3. The nature of the event is described on the event website; however, you acknowledge and accept that the duration, distance, height gain, support points, checkpoint locations, cut-off times and course closure times are subject to change.
  4. If any court or competent authority finds that any provision of these terms is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
  5. A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
  6. These Terms constitute the entire agreement between us both and supersede all previous agreements, promises, assurances, warranties, representations and undertakings between us, whether written or oral relating to its subject matter.
  7. These Terms do not confer any rights on any person or party (other than the parties to these Terms) under the Contracts (Rights of Third Parties) Act 1999.
  8. These Terms shall be governed by and construed in all respects in accordance with the law of England and any disputes relating to or arising from these Terms or the event shall be subject to the exclusive jurisdiction of the English courts.

16. Contact
    Any notices or queries can be addressed to I-Swim-Run by using the contact form at iswimrun.com/get-in-touch or by post to
    I-Swim-Run, 52 Fenton Road, Bournemouth, BH65BU
    Telephone +44 (0)7525 069644
    Email [email protected]

These terms were last updated on 18 August 2023