Swimathon 2022 – Pool Selection Terms and Conditions

A. Supporting Swimathon

In becoming a participating pool for Swimathon 2022, your pool is joining the world’s largest pool-based fundraising swim, bringing in swimmers and giving them the opportunity to swim for good causes at your pool.

Every year, Swimathon brings together swimmers in pools across the UK to challenge their swimming abilities and to raise funds for charity. Over a period of 35 years our swimmers have raised over £54 million for charities including Marie Curie, Cancer Research UK, Sport Relief, Macmillan Cancer Support, NSPCC, The British Heart Foundation, The Prince’s Trust and the Swimathon Foundation.

Swimathon Foundation supports the Swimathon events as well as, through its Grant Schemes, including its Community Grants Scheme and Covid-19 Relief Funds which have provided financial support for smaller organisations involved with local swimming projects. 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 benefitted from Swimathon Foundation support.

B. Background

The annual Swimathon event (“Swimathon”) is owned by Swimathon Foundation (a company limited by guarantee and a charity (registered in England with number 1123870)) (“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 2022 version of the Swimathon is scheduled to take place from 6th to 8th May inclusive (“Event”).

These are the terms and conditions upon which you, as the owner or operator of a pool, have agreed 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 ensure that the delivery of the Event at your Venue:

1.3.1 is in accordance with first class industry standards;

1.3.2 is in accordance with the best practice guides for the Event which LimeLight will provide;

1.3.3 complies with Swim England, Scottish Swimming, Swim Wales and Swim Ulster return to pools guidance in response to Covid-19, as applicable, and all UK Government Covid-19 laws, rules, regulations and guidance in respect of swimming and related activity applicable from time to time (together “Covid-19 Guidance”); and

1.3.4 complies at all times and in all respects with all applicable health and safety laws and all applicable rules and regulations, including without limitation as set out in clause K below.

2. You acknowledge and agree that:

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

2.2 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 a section of the Site is dedicated to Venue owners and operators (including you) where you can access (through a secured log in area) 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 (“Charity Partners”) and for the Foundation, through this platform; and

2.5 the names and logos of the Foundation, the Charity Partners and other official partners to the Event (including, for example, a Swim Brand partner or a swimming sports governing body) 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 The capacity for each session should be guided by Covid-19 Guidance, if applicable, (10 Participants per double lane, 8 Participants per single lane);

1.4 Minimum capacity for each session: 28 Participants; and

1.5 Minimum number of sessions: 2.

2. You will 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.

3. You will 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 for Swimathon in good time in advance using your internal systems and procedures.

E. Event Experience:

1. You will provide the following Event experience elements at all of your Sessions (and LimeLight will have the right but not the obligation to review all Event experience elements to ensure compliance with Covid-19 Guidance, if applicable):

1.1 A minimum of two Event 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 to provide Swimathon caps and ensure key information is provided to the Participants;

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; and

1.7 Medals to be provided on every day of the Event taking place at your Venue.

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 principal 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. You must also if possible provide a general ‘info@’ (or similar) contact address for the Venue.

2. In the event of a Session cancellation or change, it is your responsibility to inform LimeLight by emailing info@swimathon.org and to inform all of the Participants affected in advance, in each case as soon as 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 must at all times treat this information in a manner that is compliant with applicable data protection legislation, to include (without limitation):

3.1 only contacting Participants for a functional purpose about the Event and for no other purpose; and

3.2 not retaining any Participant’s contact details for longer than you need to and in no event beyond the end of the Event.

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

G. Marketing Material:

1. All Event promotional material provided for display must be displayed clearly and prominently at your Venue around the pool and other facilities used by Participants at your Venue, throughout the period commencing on 01 February 2022 and ending on 08 May 2022 (“Campaign Period”). All Event promotional material must comply with Covid-19 Guidance, where applicable.

2. All staff at your Venue must be made aware in good time in advance of the start of the Campaign Period that the Event is taking place at your Venue 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 when at the Venue during the Campaign Period wear the Event t-shirts provided by LimeLight to promote the Event.

H. Swimmer Recruitment:

1. All Event venues are encouraged to fill their sessions to capacity. You should aim to recruit as many of the permitted number of Participants as possible (including team Participants) at your Venue, subject to health and safety and Covid-19 Guidance.

2. If your Venue has low numbers of Event participants it may not be selected as a venue for future Swimathon events. As an incentive to you to attract Event participants, we have agreed to pass on to you £2.50 (including VAT) from every Event entry fee paid and received by us from swimmers participating in the Event at your Venues. After the Event, LimeLight will send you a statement of the amount due to you, upon receipt of which you will send to us c/o LimeLight an invoice for that amount to include your bank account details. Payment will be made subject to our receipt of a valid and correct invoice.

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. During the Campaign Period 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 and digital promotional assets including screen and social banners and Customer Experience support from Monday to Friday, 9.00-17.30.

I. Promotion:

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 when sending your releases to your local press that you add photos of your facilities, staff or customers (to 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. You agree to send out regular posts through your Venue and other related social pages relating to other participating Venues that you own or operate. 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 via the Site 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. The total time it took the whole team to complete its swim should be entered as the result for a team challenge.

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 and undertaking that your Venue will for and throughout its use in connection with the Event comply with all legal and statutory requirements, with industry guidance (including but not limited to Covid-19 Guidance) 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;

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;

1.3 Your Venue will comply with all health and safety legislation and any and all other applicable legislation, guidance and good industry practice, including without limitation Covid-19 Guidance, if applicable;

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; and

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 Charity Partners and the Foundation the contact details of staff at your Venue for use between 01 October 2021 and 31 July 2022 subject to the following conditions:

1.1 LimeLight will only share with the Charity Partners and the Foundation the following data concerning your Venue and its staff:

1.1.1 Name of Venue;

1.1.2 Address of venue:

1.1.3 Main contact First and Last Name;

1.1.4 Email address of main contact; and

1.1.4 Phone number of main contact.

1.2 The Charity Partners and the Foundation will contact the pools for the following purposes only:

1.2.1 To promote the Event;

1.2.2 To request permission for their own promotional purposes; and

1.2.3 To help with the organisation of the Event.