Contract between infinity Channel Swimming and you the swimmer for swim start 2019

On the understanding that placing’s are allocated on a 'first come, first served' basis, and that it is therefore essential that your booking fee is received before that of the next applicant, I have booked you for your North Channel Swim attempt during the period specified.

You would need to make yourself available for dates listed, and be prepared to make your attempt at the first opportunity of my choosing.

Swimmer MUST be accompanied by someone that knows them – we will not accept solo swimmers with no crew.

Swimmers are responsible for booking their own accommodation and must arrange suitable accommodation the night before and after the swim.

Swimmers should arrange transport after the swim and we advise that they do not drive afterwards.

We advise all swimmers to get a medical check after the swim. The only transactions you will need to make after this deposit with infinity Channel Swimming are: -

The remaining balance of payment of fees for the booking and provision of Pilotage and Escort Vessels (myself or another Pilot, and Crew, and the suitable vessel), which totals £3000.

This fee allows for escort/return passage of you and up to a maximum of 2 people, but I reserve the right to refuse passage to anyone who is unacceptable to me or in my opinion is unsuited to this journey.

Your booking will be confirmed on my receipt of your deposit – a payment of £500 sterling non-refundable. The balance should be paid seven (7) days prior to the opening of the swim window. Various payment  options are available. Cash, pound £ sterling, by bank transfer or PayPal. Details will be provided closer to your swim date.

Should the pilot decide not to commence the swim during the scheduled period because he judges weather conditions to be unsuitable, then another swim will be offered to you during a later week, only after other bookings have been honoured. If the weather does not permit passage a refund will be offered less an administration fee.

Should you make yourself unavailable for your crossing infinity Channel Swimming Ltd undertake the right to charge a full fee for your swim.

infinity channel swimming Ltd will undertake all reasonable endeavours to ensure that the escort vessel and crew are fit for the swim, but if the escort vessel is unable to sail or complete the swim due to mechanical breakdown or failure or if the crew are unable to sail or become unable to continue the swim then: -

All slot ones are held for solo swimmers. if you are a relay team and have booked into slot one you will only be able to swim in slot 2 regardless if you have booked slot one.
a This contract shall be at an end
b I shall forthwith refund your deposit and any other monies paid by you to me, in full, without interest.
c Thereupon our respective obligations under this agreement shall be at an end and without prejudice to the foregoing in such circumstances we shall accept and bear no liability for any abortive costs or expenses incurred by you for any special indirect or consequential losses or damages.

You are advised to insure yourself against losses you may incur as a result of your liability to honour your contract, as No refund or fee-waiver will be made if you decide to cancel or abort your swim, or if the swim is terminated for safety reasons other than (other than as in 6). infinity Channel Swimming Ltd also request that your crew.

Nevertheless, if the swim has started but is subsequently aborted solely because the Pilot and/or a Maritime Authority considers that the proximity of other traffic or the deterioration of sea-state or weather conditions does or may constitute a hazard, or as a result of the Pilots decision to offer assistance to another in the case of an emergency, another swim will be offered to you at DISCOUNT COST during that week or during a later week in the same season (in either case, after all other bookings have been honoured), if time still permits, this offer does not extend beyond the current season.

infinity channel swimming Ltd draws to your attention specifically: -
a) The infinity channel swimming Ltd Pilot/Skipper's decision is final in all matters concerning the safety of the swim and he she retains the over-riding authority to terminate the swim. Once the swim attempt has stopped or is completed, all passengers will return to the starting point on the 'suitable vessel unless another
drop off point has been prearranged at the start of the swim.
b) The fact that notwithstanding the above and whilst infinity channel swimming Ltd must and do retain the absolute right to terminate the swim infinity channel swimming Ltd DO NOT accept any responsibility for accessing either before or during the swim your fitness to begin or complete the same. IT IS YOUR responsibility to check that you are medically fit to swim and to ensure that you are accompanied on the swim by those medically qualified to assess and maintain your fitness throughout the swim. A doctor’s declaration which verifies that both you and any other swimmers who may take part in the swim (or swim with you for a period as a supporter) enjoy sufficiently good health to undertake this swim must be produced
prior to the swim. You must inform infinity channel swimming Ltd of any medical condition that occurs after the presentation of such a declaration.

It is your responsibility to arrange insurances for any period during which you are not being carried as an ordinary passenger (e.g. whilst swimming or otherwise not on the vessel or its tender) or if in ill health as a consequence of your swim.

This arrangement shall be at an end and infinity channel swimming Ltd shall be released from any respective obligations hereunder in the event of national emergency, war, prohibitive Government regulation- or if any other cause beyond the reasonable control of Infinity channel swimming renders the performance of this
agreement impossible.

I undertake to pay the balance of the total fee to infinity channel swimming Ltd before the start of the swim.

I have received, read, understood, and will comply with the requirements of, the infinity channel swimming Ltd. document.

The above sets forth and shall constitute the entire agreement between ourselves in respect of the crossing and shall supersede any and all promises and representations made by either of us to the other. The terms set out above may not be released, discharged, supplemented, interpreted, amended or modified in any
manner except by agreement in writing signed by us both.

This offer of contract is made on behalf of infinity channel swimming Ltd