NOWCA / CLUB TIMING
DATA PROTECTION & LEGAL POSITION
NOWCA and CLUB TIMING TERMS and CONDITION
Thank you for considering a NOWCA and CLUB TIMING annual SAFETY/TIMING membership. Please read through all the term and conditions, including your personal health commitment:
1.1 By submitting your application you are agreeing to register for NOWCA and CLUB TIMING and to abide by these conditions of membership and entry.
1.2 The wristband you are provided with you is yours for life. You do not need to replace this unless it is lost, broken or fails to work. In most cases there is a charge for replacement wristbands.
In some venues you will be rewarded with a new reward band. This will be an exclusive colour sometimes silver or gold.
1.3 You are signing up with an annual recurring payment option and at any time you can manage this and cancel this at your login profile. It is also possible to renew annual payment online or onsite if it has expired. We recommend that you use our recurring payment method which is our default option at initial online set up.
1.4 The annual cost of the safety wrist band is subject to change (normally at the start of any new season). It is your obligation to check the current cost and ensure you are happy to continue with this fee. There will be no refunds once the fee has been taken.
2.1 At all times during the training or event you must adhere to all instructions given by organisers, managers, event marshals, volunteers and officials.
2.2 It is your responsibility to ensure that you have the correct equipment that is in a good safe working order and take weather conditions into account when preparing to take part.
2.3 It is your responsibility that you are sufficiently fit and healthy to participate in the events unaided. If you are in any doubt we recommend that you seek medical advice beforehand. Please read our Health Commitment Statement for further advice. If you are a novice or beginner to NOWCA for open water swimming you must join an induction or coached session that is available to you.
3.1 You agree that your personal information can be stored and used by the Organisers and their partners in connection with the organisation, safety, staging and administration of training and events.
3.2 You agree that your name, image and contact details can be used by the Organisers and their partners for the purposes of:-
3.3.1 The promotion and marketing of NOWCA VENUES and CLUB TIMING events and training;
3.3.2 Adding you to a mailing list to keep you informed about future partner offers, events and services which we believe you might be interested in, such as information regarding clubs, events and how if you join CLUB TIMING you automatically join NOWCA and vice versa.
If you object to such, please see condition 3.5.
3.4 The Organisers shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to you which comes into their possession or control shall not be:
3.4.1 Used or reproduced in whole or in part in any form except for the purposes outlined in these conditions.
3.4.2 Disclosed to any person not authorised by NOWCA or you to receive it; or.
3.4.3 Altered, deleted, added to or otherwise interfered with (except where expressly permitted by these conditions).
3.5 If you would not like the NOWCA, their partners or Organisers to use the marketing information or personal information other than for purposes related solely to your participation in CLUB TIMING or NOWCA swims, please e-mail email@example.com saying please take me off your mailing list. You will then not receive any emails, results or statistics from NOWCA or its partners.
4.1 NOWCA / CLUB TIMING and partners and the Organisers may cancel the sessions and events if circumstances arise beyond their reasonable control. In such circumstances it will be the local venue or clubs who will endeavour to communicate to you in advance.
4.2 In the event of a cancellation NOWCA /CLUB TIMINTG or the Organisers will have no responsibility for any costs incurred as a result of cancellation.
4.3 The annual fee is for a national safety and timing wristband which can be used at all NOWCA and CLUB TIMING venues. There are absolutely no refunds given for any circumstances.
4.4 In the event that your local NOWCA venue or Club decided to no longer use the system there will be no refunds. Please look for another venue or club using the system. normally promoted on our websites.
5.1 Photographs may be taken which capture your participation. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in CLUB TIMING or at NOWCA venues.
6.1 If you have not exercised before or for some time, you should consult your doctor before taking part in open water swimming or any CLUB TIMING event. Please read our Health Commitment Statement for further advice.
6.2 You must provide an emergency contact name/emergency contact number, medical conditions that may affect your participation. You must tell us on the form if you have ever had a seizure or fit. You must be honest with your level of competency on registration and anything else that you think could affect your participation. It is up to you to change your status or make any new changes from your login page if they change.
7.1 In no event shall NOWCA CLUB TIMING or the Organisers be liable to you, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:-
7.1.1 Loss or damage;
7.1.2 Loss of profit;
7.1.3 Loss of reputation;
7.1.4 Loss of business, revenue or goodwill;
7.1.5 Loss of anticipated savings;
7.1.6 Pledges made on your behalf or by you to charity; or
7.1.7 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.
7.2 Nothing in this Agreement shall affect the NOWCA its accredited venues, , CLUB TIMING Organisers’ liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
7.3 NOWCA and CLUB TIMING strongly advises all participants to hold relevant public liability cover whilst taking part in these events and training.
8.1 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
8.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.
8.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.
8.4 Participant must inform firstname.lastname@example.org of changes in personal contact/address details immediately they occur if they cannot change them via their personal login page.
HEALTH COMMITMENT STATEMENT / LEVEL OF ABILITY
Your health is your responsibility. NOWCA and CLUB TIMING are dedicated to helping you take every opportunity to enjoy your participation in training and your events. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
Your commitment to us
This Health Commitment Statement sets the standards that NOWCA venues and CLUB TIMING organisers and event participants can reasonably expect from each other in regards to the health of the participant.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligation which you or we must meet.