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1. Event Background and Venue Selection

1.1 Swimathon is the wholly owned trading subsidiary of the Swimathon Foundation (the “Foundation”), a company limited by by guarantee and a charity (registered in England with number 1123870). The Foundation is the owner of the assets comprising the annual Open Water Swimathon event, which is an annual event identified by the ‘Open Water Swimathon’ trade name and logos and 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 (the ‘OWS’). It is intended that the 2019 OWS will take place from 6th – 8th September 2019 at outdoor and open water swimming venues throughout the UK (the ‘Event’).

1.2 In these Terms, ‘Venue’ refers to your outdoor and/or open water swimming venue and all those adjacent and related facilities also owned or controlled or managed by you and used for the purposes of the Event.

1.3 These are the Terms upon which you shall operate and deliver the Event at your Venue.

1.4 Limelight Sports Limited (‘Limelight’) manages the Event for us.

1.5 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 5 below, you agree to comply with these Terms.

1.6 Further, Swimathon shall procure that the Foundation provides you with a grant of £300 as a contribution towards your Venue to ensure the Event is delivered to the health and safety standards set by Swimathon.

2. Event delivery and promotion

2.1 You agree that you will, to the best of your skill and ability:

2.1.1 promote the Event generally including at your Venue;

2.1.2 encourage and maximise the recruitment of Event participants (‘Participants’ and each a ‘Participant’) at your Venue;

2.1.3 stage and deliver the Event at your Venue in accordance with first class open water swimming industry standards which shall include, without limitation:

2.1.3.1 ensuring that the delivery of the Event is in line with the best practice event guidelines provided to you by Limelight; and

2.1.3.2 submitting your Participant results within one hour of the end of the session at your Venue to which such results relate to Limelight; and

2.1.3.3 ensuring that the delivery of the Event at your Venue complies with all applicable health and safety laws and rules and regulations.

2.2 You acknowledge and agree:

2.2.1 that in staging the Event you will comply with the recommendations and guidance set out in Schedule 1;

2.2.2 the official website for the Event can be found at ‘openwaterswimathon.org’ where 2019 OWS venues and their event dates and times will be displayed (‘Site’);

2.2.3 Participants will enter the Event only through the online entry portal on the Site and entry fees will be collected at the time of entry only by us or Limelight;

2.2.4 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 record all final results for Participants;

2.2.5 JustGiving is the official fundraising platform for the Event;

2.2.6 Marie Curie and Cancer Research UK are the official Charity Partners of the Event;

2.2.7 that you will encourage Participants to open a fundraising page through JustGiving as part of the entry process and to fund-raise online for the Swimathon Foundation and its Event Charity Partners this platform; and

2.2.8 there may be other official partners to the Event, for example Zoggs, whose names and/or logos will appear on Event Marketing Materials, at our entire discretion.

3. Event Criteria and Sessions

3.1 In order to be able to stage the Event, your Venue must meet the following minimum requirements:

3.1.1 sufficient circuit length to provide challenges from 400m to 5km;

3.1.2 a Session duration of at least 3 hours;

3.1.3 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 20 entrant places;

3.1.4 the provision to Limelight of a digital image clearly showing the facilities at your Venue together with a completed application form for the selection of your Venue for the Event; and

3.1.5 adherence to all applicable health and safety laws, regulations and criteria including, without limitation, as set out in this letter.

3.2 You shall provide at least one Event session on one of the applicable Event dates at your Venue, the date to be agreed between the Parties, during which you will make the swimming and other facilities at your Venue available to Participants (a ‘Session’). In respect of each Session you will provide:

3.2.1 a minimum of two Event day staff to lead each Session;

3.2.2 the legally required number of lifeguards and safety boats;

3.2.3 a fully staffed welcome desk for registration and the handing out of swimming caps;

3.2.4 a master of ceremonies to make announcements and provide Participants with a safety briefing;

3.2.5 an instructor-led warm up for Participants before every Session;

3.2.6 Medal presentations to be held on the day of the Event; and

3.2.7 post Event refreshments and the provision of sufficient quantities of drinking water in good time before, during and after each Session.

4. Communication

4.1 You shall be contactable by email.

4.2 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.

4.3 In relation to Participants you shall adhere to all applicable laws and regulations relating to the use of personal data. Further, unless a Participant has otherwise consented to your use of his or her personal data, you shall only contact Participants for a functional or operational purpose concerning only the Event taking place at your Venue.

4.4 Any changes in your key staff responsible for the Event or their contact details shall be communicated to Limelight in a timely manner.

5. Event Marketing Material

5.1 All Event marketing material provided by Swimathon or Limelight must be displayed prominently at your Venue (Event Marketing Material) for and throughout the period from 1 May 2019 to 8 September 2019 (the Campaign Period).

5.2 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.

5.3 All of your staff involved in the Event must wear the Event t-shirts provided by Limelight at and throughout each Session.

5.4 You are encouraged to fill each of your Sessions to capacity with support from the Limelight team.

6. PR and Promotion

6.1 We recommend that you enter at least one staff team per Venue, of 2 to 5 team members. We offer this 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.

6.2 Throughout the Campaign Period you shall promote your Venue and its involvement in the Event in your local media in accordance with Limelight’s instructions. For this purpose, Limelight shall provide you with draft press releases consistent with the main promotional campaign for the Event which you can adapt with local stories and with Limelight’s approval to attract the interest of your local media.

6.3 Subject to clause 6.2, 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.

6.4 Limelight reserves the right to share your posts to spread the word about the Event and your Venue’s involvement in it.

6.5 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.

7. Results

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.

8. Health and Safety

8.1 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.

8.2 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.

8.3 Throughout the Campaign Period, your Venue shall upload to your Login Area the required health and safety documentation, as outlined in the Event Registration Guide that you shall receive if your Venue is selected to stage the Event.

8.4 If your Venue is selected to stage the Event, you shall provide the following information documentation within 30 (thirty) days of being selected:

8.4.1 Evidence of Insurance cover as required under clause 8.2 above;

8.4.2 DEFRA registration confirmation or evidence of water quality testing regime with historic results;

8.4.3 Risk assessment (to include your normal operating procedures, your emergency action plan and all safety boat and lifeguard requirements); and

8.4.4 First aider confirmation with evidence of operation procedures.

8.5 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.

8.6 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.

8.7 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.

8.8 Your Venue shall have suitable and sufficient policies, procedures and arrangements to accommodate the minimum and maximum number of Participants and accompanying visitors 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.

9. Data Protection

9.1 You acknowledge and agree that the Foundation, Swimathon and Limelight may use and may share with the Event’s official charity partners, Marie Curie (MC) and Cancer

Research UK (CRUK), the contact details of staff at your Venue for use between 1 May 2019 and 31 December 2019 subject to the following conditions in relation to such use:

9.1.1 each of the Foundation, Swimathon and Limelight shall only use and only share with MC and CRUK the following data concerning your Venue and its staff:

9.1.1.1 Name of Venue;

9.1.1.2 Main contact (first and last name);

9.1.1.3 Email address of main contact; and

9.1.1.4 Phone number of main contact;

9.1.2 We shall use all reasonable endeavours to ensure that MC and CRUK will contact the Venue for the following purposes only:

9.1.2.1 to promote the Event;

9.1.2.2 to request permission for MC’s and CRUK’s promotional purposes; and

9.1.2.3 to arrange meetings with Venue organisers.