Terms and Conditions
Bare Hill Lakes Waiver
If this is for a child booking ( under 18 ), then this must be completed by the accompanying
IMPORTANT - Please read this document carefully, you will be required to type your name at the bottom of the form and you will be asked in the safety briefing at the beginning of your swim if you agree to the terms and conditions stated on the Google Form.
These are the standard terms of Client Business of Bare Hill Lakes and all work undertaken by Bare Hill Lakes shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event. Your responses will of course be kept in the strictest confidence and will be deleted upon request by emailing barehilllakes@gmail.com however you would need to complete this again if you decide to return to Bare Hill Lakes.
1. Event Booking Details
1.1 All bookings will be regarded as your acceptance of these Terms & Conditions, along with a non-refundable deposit for the required services and only if accepted by Bare Hill Lakes will the booking be confirmed. Bare Hill Lakes is not under any obligation to hold the event as described due to poor weather, sickness and any other reason deemed appropriate. A contract exists as soon as payment is received. Customers should check the details of their booking (which will be confirmed via email) carefully and promptly to ensure that it accurately reflects the arrangement they have requested. They should immediately inform us of any discrepancies.
Where we have taken the decision to cancel the event your payment will be refunded back to the card you used, or you will be allocated another date.
2. Price & Payment
2.1 All prices quoted by Bare Hill Lakes may be amended at any point during the season when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of Bare Hill Lakes.
2.2 Payment is required in advance of any event, we do not accept credit.
3. Cancellation
3.1 If you are unable to attend the event, we are unable to offer refunds. Please do contact Bare Hill Lakes to let them know if you can't attend. If they are able to resell your slot then they will be happy to refund you. We have a 24 hour cancellation policy, if you cancel within this time you will lose your payment unless we can resell the slot.
If you give us more than 24 hour notice we can rearrange your booking or credit the payment to be used at a later date.
3.2 If we decide to cancel the event you will be refunded accordingly.
4. Equipment
4.1 You are responsible for your own safety.
4.2 Ensure you have the correct equipment (Tow Floats are compulsory, you can hire them for £2 on the day of your swim)
4.3 We follow the governing body of Swim England. (swimming.org) Wetsuits/ Skins are not compulsory for adults. Bare Hill Lakes and Swim England suggest you wear a wetsuit at 14 degrees and under. If you choose not to do this you are swimming at your own risk.
4.4 Anyone under 16 should always wear a wetsuit.
5. Liability
On some events, the activities that the Clients will undertake may be inherently dangerous although all guests are fully supervised throughout. As such neither Bare Hill Lakes or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of Bare Hill Lakes or breach of contract. Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of Bare Hill Lakes), in which instances Bare Hill Lakes agrees to indemnity and hold the Client harmless against all such claims. Bare Hill Lakes shall provide Public Liability insurance cover of £5million for each and every claim.
5.1 My (/the child’s) involvement in the ACTIVITIES is voluntary, and I am (/the child is) acting under my (/their) own free will.
5.2 The ACTIVITIES are physically demanding and the risk of injury from the ACTIVITIES is significant, including the potential for serious bodily injury, permanent disability, paralysis and loss of life. I acknowledge that such risks cannot be eliminated entirely without jeopardising the essential qualities of the ACTIVITIES and that while rules, equipment and self-discipline may reduce the risks, the risk of injury and loss of life does still exist.
5.3 I am aware of the risks posed by infectious diseases, and am aware of current government advice with respect to avoiding contracting such diseases.
5.4 I am solely responsible for my own (/the child’s) conduct and actions whilst participating in the ACTIVITIES and whilst on site.
5.5 I will always wear a tow float when swimming.
5.6 In the event I enter into difficulty when swimming I shall roll onto my back and signal for rescue by raising my right or left arm.
5.7 If I hear a horn or whistles sounding, I understand it may mean danger, bad weather or another swimmer if in trouble and I will listen for and follow any instructions immediately.
5.8 If I have a pre-existing medical condition, I confirm that I will have sought the advice of my doctor as to my suitability for open water swimming. I will inform Bare Hill Lakes of any change to my medical condition by completing another waiver form.
5.9 I will not consume alcohol or drugs before or during a swim and I understand that Bare Hill Lakes has a zero-tolerance policy towards illegal drugs.
6.0 Acknowledgement Of Risk:
THE PARTICIPANT IS AWARE AND UNDERSTANDS THAT WATER BASED ACTIVITIES/ OPENWATER SWIMMING IS INHERENTLY DANGEROUS AND ACCEPTS THAT THEY MAY BE EXPOSED TO RISKS AND DANGERS WHICH MAY OR MAY NOT BE FORESEEN OR KNOWN ABOUT BUT WHICH CAN CAUSE SERIOUS INJURY OR DEATH.
As a result of the understanding and appreciation of the great risks involved with these activities, the Participant agrees to assume and bear full responsibility and sole liability for any death, injury, illness or other losses or property damage (including parked vehicles) occurring on the premises. The Participants also acknowledges that he or she is fully aware that severe social and economic loss may result from the action or inactions of the Participant while engaged in this activity and agrees to bear full responsibility.
The participant agrees to conduct themselves in a proper manner and not to do anything which would expose themselves of fellow swimmers to unnecessary risk or injury.
7.0 Medical Attention:
Medical conditions must be declared and signed in advance by all customers. The customer will permit for basic First Aid to be administered by a qualified member of staff or by a qualified medical practitioner and in case of a medical emergency for a medical practitioner to provide emergency treatment and/or medication.
8.0 Force Majeure
Bare Hill Lakes shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and Bare Hill Lakes shall be entitled to a reasonable extension of its obligations.
9.0 Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10.0 I consent to Bare Hill Lakes taking photographs or recordings of me (the child) participating in the ACTIVITIES and using these in any media for training, health and safety or other security purposes.
11.0 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.