Swimathon 2019 – Pool Selection Terms and Conditions

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A. Supporting Swimathon

In becoming a participating pool for Swimathon 2019, your pool is joining the world’s largest pool based fund-raising swim, bringing in swimmers and giving them the opportunity to swim for good causes at your pool. 
Every year, Swimathon brings together swimmers in 600 pools across the UK to challenge their swimming abilities and to raise funds for charity. Over a period of [32] years our swimmers have raised over £50 million for charities including Marie Curie, Cancer Research UK, Sport Relief, Macmillan Cancer Support, NSPCC, The British Heart Foundation and The Prince’s Trust.
The Swimathon Foundation also supports smaller organisations that are involved with local swimming projects through its Community Grants scheme. A variety of initiatives, including swimming programmes for those with special needs, participation schemes by youth groups, clubs for the elderly, swimming clubs and disability groups have all benefitted from its support.

B. Background

The annual Swimathon event (“Swimathon”) is owned by the Swimathon Foundation (a company limited by guarantee and a charity (registered in England with number 1123870)) (the “Foundation”). Swimathon is operated through the Foundation’s wholly owned subsidiary Swimathon (Trading) Limited (‘we’/’us’/’our’) and is managed by Limelight Sports Limited (‘Limelight’).  The 2019 version of the Swimathon is scheduled to take place from 29-31ST March 2019 (the “Event”). 

These are the terms and conditions upon which you, as the owner or operator of a pool, have agreed in relation to the selection and use of your Venue as one of the venues for the Event. In these terms your “Venue” will mean your pool and all those adjacent and related facilities also owned or controlled or managed by you and used for the purposes of the Event. 

C. Promotion and Delivery

1. Selection of your Venue means that you will, from your Venue’s selection through to the end of the Event:

1.1 promote the Event generally, to the best of your skill and ability;

1.2 encourage and do your best to maximise the recruitment of Event participants (each a ‘Participant’) at your Venue;

1.3 deliver the Event at your Venue in accordance with first class industry standards;

1.4 ensure that the delivery of the Event is in line with the best practice Event guides which Limelight provide; and

1.5 submit your Participant results to Limelight within no less than one hour of the end of the session at your Venue to which such results relate; and 

1.6 ensure that the delivery of the Event at your Venue complies at all times and in all respects with all applicable health and safety laws and rules and regulations (including without limitation as set out on clause J below). 

2. You acknowledge and agree:

2.1 that is the official website for the Event on which your Venue’s and other participating pools’ Event sessions, dates and times will be shown (“Site”);

2.2 that all Participants will enter Swimathon only through the online entry portal on the Site and entry fees will be collected at the time of entry by us;

2.3 that a section of the Site is dedicated to Venue owners and operators (including you) where you can access information specific to your Venue and Participants using your Venue, and which you will use to record final results for such Participants;

2.4 JustGiving is the official fundraising platform for Swimathon and all Participants are encouraged to open a fund-raising page as part of the entry process and fund-raise online for the official Charity Partners to the Event Marie Curie and Cancer Research UK and for the Swimathon Foundation, through this platform; and

2.5 There may be other official partners to the Event, including for example Zoggs, whose names and/or logos will appear on Event promotional materials, including those used at your Venue.

D. Swimming Sessions:

1. You will provide timed swimming sessions at your Venue (“Sessions”) in order to provide adequate capacity for Participants at your Venue as follows:  

1.1 Minimum number of lanes per session: 4 (although use of the whole pool is recommended);

1.2 Length of each session: 3 hours;

1.3 Minimum capacity for each session: 20 Participants (4 lanes with 5 Participants per lane);

1.4 Minimum number of sessions: 2;

1.5 Provide a photo of the facilities at your Venue and all required Venue information in your application for your Venue to participate in the Event; and

1.6 Ensure all staff/management are aware in good time in advance of the dates and times on which the Sessions take place and that all those Sessions are booked out in good time in advance using your internal systems and procedures.

E. Event Experience Criteria:

1. You will provide the following Event experience elements at all of your Sessions:

1.1 A minimum of two Event day staff to lead every Session for its duration and at least one lap-counter per lane for and throughout every Session;

1.2 A Swimathon welcome desk on each Event day;

1.3 A Master of Ceremonies to make announcements during each Session;

1.4 An Instructor to lead the warm up before every Session; 

1.5 Event day music at the poolside for and throughout every Session;

1.6 Stop watches in sufficient numbers to time all swimmers at each Session;

1.7 Medal presentations to be held on every day of the Event taking place at your Venue;

1.8 A reasonable quantity of post-Event refreshments (food and drink) for each Participant, free of charge.

F. Communications:

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 for two key members of staff at each of your Venues so that Limelight can make them fully aware of Event details. One of these contact addresses can be a general info@contact address for the Venue.

2. In the event of a Session cancellation or change, it is your responsibility to inform Limelight and to inform all of the Participants affected in advance and as soon as reasonably possible.

3. You will be set up with a Venue login for your Venue, to allow access to Participant contact information on the Site. You may only contact an Event Participant for a functional purpose about Swimathon and for no other Marketing communication relating to your Venue.

4. Any changes in your key staff responsible for the Event or their contact details must be communicated to Limelight as soon as reasonably possible.

G. Marketing Material:

1. All applicable Event promotional material provided must be displayed clearly and prominently around the pool at your Venue and other facilities used by Participants in the Venues throughout the period commencing on 26 November 2018 and ending on 27 March 2019 (the “Campaign Period”).

2. All of your staff at the location of your Venue must be made aware that Event is taking place in good time in advance of the start of the Campaign Period and be able to explain clearly to your customers how to enter the Event.

3. All of your staff involved in the Event in accordance with these terms and conditions must wear the Event Swimathon 2019 t-shirts provided by Limelight to promote the Event, at the Venue and in advance of and throughout each day of the Event.

4. We will, subject to your recruitment performance in previous years, supply you with the following promotional material:

4.1 pool banner;

4.2 A5 leaflets;

4.3 leaflet holder;

4.4 A3 posters;

4.5 A3 empty belly posters;

4.6 Swimathon t-shirts;

4.7 mirror stickers;

4.8 locker stickers; and 

4.9 balloons.

H. Swimmer Recruitment:

1. All Event Venues are encouraged to fill their sessions to capacity. You should aim to recruit at least 40 Participants (including team Participants) at your Venue.

2. If your Venue has low numbers of Event participants it may not be selected as a Swimathon Venue for future Swimathon events.

3. 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 we hope that doing so will encourage your staff to become involved with the Event, to promote others to enter the Event and to generate team spirit. 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 Swimathon community. 

4. We will supply you with the following recruitment support in addition to the promotional material: weekly emails to provide recruitment figures with top tips to assist you with recruitment; a best practice promotional material guide; a best practice promotional material webinar; and digital promotional assets including screen and social banners and CRM support from Monday to Friday, 9.00-17.30.

I. PR:

1. Throughout the Campaign Period you will actively promote your Venue’s involvement in the Event in your local media. To support you with this, Limelight will provide you with draft press releases consistent with the main promotional campaign for the Event which you can adapt with local stories to attract the interest of your local media. Please make sure that when sending your releases to your local press that you add photos of your facilities, staff or customers (the the extent that you are legally able to do so) to create a bigger impact and bring the Event to life at your Venue.

2. A good way to reach your audience and recruit swimmers is through social media. Please send out regular posts through your Venue social pages as well as putting in requests to your operator. Limelight may then share posts to spread the word about the Event and your Venue’s involvement in it.  

J. Results:

1. You will submit all Participant results from your Venue to Limelight within 1 hour of the completion of the Session to which such results relate. Each individual and team Participant will have a time in which they have completed their Swimathon challenge that will have been recorded by each lap counter. These are the times that need to be uploaded through your Venue log after each Session. 

2. All individual results must be accurate to the hour, minute and second.

3. All individual team member results must be entered as well as the total time it took the whole team to complete its swim.

4. If a Participant completes a distance other than the one for which that Participant has been entered, this new distance must be recorded along with the time taken.

K. Health & Safety:

1. By accepting these terms you are confirming that your Venue will for and throughout its use in connection with the Event comply with all legal and statutory requirements and with good industry practice in relation to its operation and use including without limitation by Participants and accompanying visitors.  More specifically and without limitation, you confirm that for and throughout the period during which your Venue is used for or in connection with the Event:  

1.1 Your Venue will provide suitable and sufficient facilities, infrastructure and other arrangements necessary to accommodate the minimum and maximum number of Participants and accompanying visitors and will comply with all health and safety legislation and any and all other legislation, guidance and good industry practice; 

1.2 Your Venue will 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 will comply with all health and safety legislation and any and all other legislation, guidance and good industry practice;

1.3 Your Venue will 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;

1.4 Your Venue will have in place 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; and

1.5 You will have in place with a reputable insurance company:

1.5.1 comprehensive third party and public liability insurance cover with an aggregate limit of not less than £10,000,000 Sterling in loss or damage per claim or series of related claims;

1.5.2 compulsory employers liability insurance cover with an aggregate limit of not less than £10,000,000 Sterling in loss or damage per claim or series of related claims.  

L. Data Protection:

1. You understand and agree that we and Limelight may share with the Event’s Official Charity Partners, Marie Curie (‘MC’) & Cancer Research UK (‘CRUK’), the contact details of staff at your Venue for use between 01 August 2018 and 30 July 2019 subject to the following conditions:

1.1 Limelight will only share with MC & CRUK the following data concerning your Venue and its staff:

1.1.1 Name of Venue;

1.1.2 Main contact First and Last Name;

1.1.3 Email address of main contact; and

1.1.4 Phone number of main contact.

1.2 MC & CRUK will contact the pools for the following purposes only:

1.2.1 To promote the Event;

1.2.2 To request permission for Swimathon Foundation, Marie Curie & Cancer Research UK promotional purposes; and

1.2.3 To help with the organisation of the Event.