Terms & Conditions
ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT (UK)
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
I understand that participating in The Fernley event could be physically challenging and potentially dangerous and involves the risk of serious injury and/or death. Under Section 1: Public Liability, shall not apply in respect of any legal liability for bodily injury claims or incidents arising from any person whilst participating in any Race, Sport, Game or Activity unless proven to have been caused by the organisers negligence.
Emergency Delay or Cancellation:
I acknowledge that The Fernley at its sole discretion may delay, modify, or cancel the event if conditions or natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that "emergency" is defined to mean any event beyond the control of The Fernley, including but not limited to: high wind, extreme rain or hail, hurricane, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labour difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the event of a delay, modification, or cancellation of the event as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the event.
I hereby understand and acknowledge that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for The Fernley event are NOT REFUNDABLE OR EXCHANGABLE FOR ANY REASON, under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation.
I understand that I am not personally insured to take part in this event. The Fernley do not accept liability for injuries or loss incurred as a result of taking part in this event. The Fernley will not accept any attempted retrospective claim associated with this event.
Released Parties include: The Fernley whose registered under the company of STORM Consultancy Solutions Limited number is 07309281 and registered office address is 185 Liverpool Road, Southport, Birkdale, PR8 4NZ and its affiliates and their respective directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers; all The Fernley event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing (all referred to hereinafter as "The Fernley" or "Released Parties"). Releasing Parties include: the participant as well as participant's spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant's behalf (all referred to hereinafter as "I" or "Releasing Parties").
I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or course personnel), contact with other participants, contact or collision with motor vehicles or machinery; 2) weather-related hazards (e.g. extreme heat, extreme cold, humidity, ice, rain, fog); 3) inadequate first aid and/or emergency measures; and 4) judgment and/or behaviour-related problems (e.g., erratic or inappropriate co-participant behaviour, erratic or inappropriate behaviour by the participant, errors in judgment by personnel working the event. I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts.
Assumption of Serious Inherent Risks
Serious injuries are less common, but do sometimes occur. They include, but are not limited to: property loss or damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection, and concussions. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death.
I also understand that it is my responsibility to consult with my personal doctor prior to participating in The Fernley to ensure that such participation will not pose any unusual risks to my health and well-being. I understand that it is my responsibility to inspect the course at the time of use, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the event, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment. I understand fully the inherent risks involved in The Fernley and assert that I am willingly and voluntarily participating in the event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of The Fernley event; 2) I understand the demands of this activity relative to my physical condition; 3) I appreciate the potential impact of the types of injuries that may result from The Fernley event; and 4) I acknowledge that to participate in the immersion of The Fernley, I am a strong swimmer. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in The Fernley event.
Waiver of Liability
In consideration of being permitted to participate in The Fernley event, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge The Fernley and the other Released Parties from any and all claims resulting from the INHERENT RISKS of The Fernley that I may have arising out of my participation in the event. I understand and accept that event organisers do not accept any liability for personal injury sustained on The Fernley course. If Personal Injury Insurance is required, it is my own responsibility to take out such insurance. This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from The Fernley event participation. This includes injury during course inspection, observation, practice runs, the event, and while on the premises (including, but not limited to stands, pavements, parking areas, toilet facilities and dressing facilities); and 2) any and all claims resulting from damage to, loss of, or theft of property.
In consideration of being permitted to participate in The Fernley event and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify The Fernley (and the other Released Parties) from and against: 1) Any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in The Fernley event; and 2) Against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in The Fernley event. For the purposes hereof, "claims" includes all actions and causes of action, claims, losses, costs, expenses and damages, including legal fees and related expenses. This indemnity shall survive the expiration or sooner termination of The Fernley event.
Children and those Aged 16 & 17
Under 16’s are allowed to participate in The Fernley however must be accompanied and supervised at all times by a responsible adult. For those aged 16 and 17 years of age and wanting to take part in the full immersion of The Fernley, a consent form which can be obtained from The Fernley before the event, must be signed by a parent or guardian and must be brought on the day along with photographic ID. Failure to produce this consent form, printed and signed, along with photographic ID upon participation of the event, will result in you not being able to partake in The Fernley. There will be no exceptions to this.
Animals may join a participant on the event however remains the sole risk of the participant. Any injuries or illnesses which the animal may incur or proceed to incur after participation during/after the event will fall solely on the participant. I understand and accept that the event organisers do not accept any liability for an animals injury/illness sustained on The Fernley course.
Venue and Jurisdiction:
I understand that if legal action is brought, the courts of England and Wales have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.
I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by laws of England and Wales and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and The Fernley, and cannot be modified or changed in any way by representations or statements by any agent or employee of The Fernley. This Agreement may only be amended by a written document duly executed by all parties.
Mediation and Arbitration:
In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalised by a written contractual agreement at that time. The cost of mediation shall be shared equally by the parties.
Agreements for the Protection of Participants:
I assert that I am in good health and in proper physical condition to safely participate in The Fernley event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in The Fernley event, or that would result in my participation creating a risk of danger to myself or to others. I acknowledge that The Fernley recommends and encourages each client to get medical clearance from his/her general practitioner prior to participation. I assert that I have not been advised or cautioned against participating by a medical practitioner. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the Course, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others. In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorise appropriate The Fernley personnel and emergency medical personnel at the event to make emergency medical decisions on my behalf (including, but not limited to CPR and AED). I authorise The Fernley to secure emergency medical care or transportation when deemed necessary by The Fernley. I agree to assume all costs of emergency medical care and transportation if applicable.
I acknowledge that The Fernley has instituted its rules for the protection of the participant and co-participants. I agree to familiarise myself with those rules and follow them throughout the event. I recognise that The Fernley takes place on New Years Day where cold and icy conditions are expected. I understand that I should come to The Fernley event suitably dressed for the weather conditions on the day of the event. I also recognise the authority of The Fernley to halt my participation (and, if necessary, have me removed from the Venue) if my participation, conduct, or presence endangers myself or my co-participants.
Television and Media Disclaimer
This event is televised, so by signing this disclaimer and taking part in the event, you are agreeing to appear on television wherever captured and that your image captured on any medium. By entering here you agree to free use of image if captured on camera. Copyright remains sole use of the event organisers and may be used for television, social media and other marketing and promotional reasons.
Final Health Acknowledgements
If you have a cardiac problem, you are recommended not to enter the water on the immersion section of the course. You are going to be immersed into very cold water - in extreme and rare cases there is a risk of cardiac failure regardless of your fitness level. Do not jump into the water; lower yourself in, control your breathing and get used to the temperature. When you leave the water commence with a slow jog to gradually increase your heart rate.
Unlike in other, similar events, you will be running very close and amongst spectators; please be careful and follow the directions of the stewards. Some areas of the course are unfenced so be aware of other people crossing. If you feel unwell, stop and inform the stewards – first aid assistance will be dispatched. If you have an emergency then make a cross with your arms above your head, if you are able, to attract attention.
Weil's Disease - is a serious and potentially life threatening condition brought on by exposure with water infected by animal urine (mainly from rodents, wildlife) it typically enters the body through cuts or scrapes, or the nose, mouth, throat or eyes. In exceptional cases it can be life-threatening and can be fatal. Symptoms expose themselves from three days to three weeks and can comprise of severe headaches, red eyes, muscle pains, fatigue, nausea and a temperature of 39C or above. Should you experience any flue type symptoms you must seek medical assistance immediately.
Open water swimming is very different from pool swimming and must be undertaken with great care, please see The Fernley guidelines below;
- Whilst water quality tests provide an indication of the suitability of a venue for open water swimming they do not mean that that there is a complete absence of potential pathogens. There are simple practices that swimmers should be advised to adopt to minimise risk of infections further
- Cover all cuts and abrasions, however minor, with sticking plasters. You should not consider swimming if you have deep cuts.
- Wash hands in fresh water before eating after you have swum.
- Take a full shower/wash at the earliest opportunity.
- Try not to ingest water while swimming.
Acknowledgment of Understanding:
I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to the INHERENT RISKS of the activity, to the greatest extent allowed by the law of England and Wales.