1. Agreeing to the Terms and Conditions
By ticking the box labelled ‘I agree to these terms and conditions’, you are notifying the Lake Geneva Swimming Association (LGSA) that you wish to attempt a crossing of Lake Geneva/Lac Léman and agree to abide by the following conditions. You acknowledge and accept that any tampering with the application form or these Terms and Conditions constitutes a counter offer, which invalidates the original offer and will be declined by the LGSA as a matter of breach of trust. In this case all payments will be retained by the LGSA.
You have read, understood and agree to abide by the rules and guidelines of the recognised ‘LGSA Rules’. You agree and understand that if you are in breach of these rules or guidelines your application may become invalid and/or the swim will not be recognised or ratified.
3. Contact Details
It is your responsibility to ensure that all information such as names are correct and as you wish them to appear on any certificates awarded. You must complete the online application form truthfully and in full, well in advance of your swim window. Failure to provide complete and accurate information will result in your application, and possibly the application of your entire team, being rejected. The LGSA reserves the right to reject incomplete applications should the missing information not be provided within the deadlines set by the LGSA. Those swimmers with rejected applications will not be allowed to attempt their swim and no refunds will be given. Important information will be emailed to you using the email address provided upon entry and we may send you documentation after your swim. You must make sure you provide up to date contact details and update these details, if there are any changes, by logging in via our online swim platform or contacting the LGSA directly via email. You must undertake to remain readily contactable by the LGSA and to respond promptly to the LGSA at all times up to your swim attempt.
4. Payments and Refunds
You ensure that all requirements are fulfilled within the deadlines given by the LGSA, and that all balances are paid by the 30th April in the year of your swim. You accept that all fees paid to the LGSA on or after 31st January in the year of your swim are non-transferable and non-refundable. In the case of fees paid to the LGSA before 31st January in the year of your swim, the LGSA will retain only the deposit. You acknowledge and accept your responsibility to ensure that you comply with the requirements of the LGSA. You also acknowledge that your swim may be delayed or cancelled should you not meet these requirements and no refunds will be given. You acknowledge and accept that the swim will be deemed to have started as soon as you enter the water at the start of your swim attempt. Whenever the swim finishes after this time the full swim fee with be retained by the LGSA.
5. Cancellation by you
In the event that you are unable to participate due to a medical reason you must inform the LGSA immediately via email and provide the LGSA with a medical certificate as proof. Refunds will not be given for any other reason. If you cancel due to a medical reason your cancellation is subject to the following terms;
i) 60 days or more before the beginning of your swim window = 75% refund of total swim fee
ii) less than 60 days before the beginning of your swim window = no refund will be given
Submission of a medical certificate does not guarantee that it will be accepted. With regards to medical cancellations no refunds will be given unless verified and approved by the LGSA. This is done on a case by case basis and a refund being granted in a previous or similar case does not guarantee that you will also be given a refund.
6. Cancellation by the LGSA
You acknowledge and accept that should the situation arise where a swim is cancelled due to breakdown or a problem for which the LGSA is directly responsible, their maximum liability will only be the refund of any deposits and fees already paid to the LGSA directly for the skippers, boat and lifeguards. The LGSA has no responsibility for any other costs, including but not limited to travel and accommodation. Lake Geneva/Lac Léman is set amongst some of the most beautiful scenery in the world and we hope you will visit the local area and enjoy your time there.
7. Your Age and Medical Condition
You, intending to be legally bound, certify that you consider yourself to be physically and mentally fit to undertake the swim and have not been otherwise informed by a medical practitioner. You will advise the LGSA of any further changes in your medical condition that arise before your swim takes place. You agree to give urine and/or blood samples if requested by the LGSA both during training, before your swim attempt and after your swim attempt. You acknowledge and accept that the provision of certification for a self-assessment swim and medical/health condition in no way implies any representation by the LGSA that you have completed sufficient training or that you are sufficiently fit or healthy to make such an attempt. You undertake to make it clear to your skippers and lifeguards any physical or medical conditions before the start of your swim should it have any potential of requiring special consideration or possible assistance. You ensure to make it known to the skippers and lifeguards the place where medication is stored.
For solo attempts you must be older than 16 years on the first day of your swim window. For relay attempts you must be older that 12 years on the first day of your swim window. Any swimmer younger than 18 years must provide the LGSA with consent in writing by a parent or legal guardian. Open water swimming involves strenuous exercise. You should therefore undergo a medical check-up, including an ECG test, before you start training for your swim1. If you have been unwell or have experienced a change in your wellbeing and/or physical state (such as pregnancy) please consult your doctor. You should under no circumstances attempt your swim if you are not in an appropriate state to do so.
All swimmers are required to have completed a self-assessment swim as specified by the LGSA at least 14 days before the start of their swim window. You acknowledge and accept that the self-assessment swim alone may not be sufficient preparation to attempt your swim. You are solely responsible for assessing whether you have achieved an appropriate amount (and type) of training, fitness and health before embarking upon your swim attempt and that you will not make the attempt if, for any reason, you have failed to achieve this, whilst still acknowledging that. The LGSA cannot be held responsible for any lack of preparation on your part. When swimming during your attempt you may encounter varying weather conditions including waves and choppy water, therefore you must ensure that you are prepared for all types of weather by swimming regularly in open water. Please note when swimming in fresh water you are not as buoyant as when swimming in salt water and as such you may experience different sensations in freshwater. You should ensure that you are aware of the differences when swimming in fresh water and that you are sufficiently prepared. You acknowledge and accept that the swim may be considerably longer/shorter than 70km due to various reasons such as the skipper’s discretionary route. You acknowledge that you are wholly responsible for supplying all personal equipment that you and/or your team might require for your swim, including but not limited to clothing, light sticks, grease and food. Similarly all support team members are responsible for bringing all personal equipment that they might require for your swim, including but not limited to clothing, light sticks, grease and food.
9. Event Safety and non-compliance
All swimmers and support team members must follow the instructions of the skippers, lifeguards and/or the LGSA, before, during and after the start of your swim. The swim may be abandoned for reasons beyond our reasonable control including, but not limited to, lightening, bad weather or a serious incident during the swim. The skippers, lifeguards and/or the LGSA reserve the right to refuse you to attempt your swim, or to cease your swim attempt if;
i) you take someone else’s swim window, or are involved in the changing of someone’s swim window
ii) you fail to follow the instructions of the skippers, lifeguards and/or the LGSA
iii) you attempt to participate in a way which we, in our sole discretion and acting reasonably, believe;
a) may cause harm and/or offence to a skipper, lifeguard and/or an LGSA representative, or any other member of your team or support team
b) may cause harm to you
c) may harm the environment
d) causes a risk or potential risk to health and safety
iv) you appear to be under the influence of drugs or alcohol
v) you are unfit to participate due to an injury or illness
vi) you fail to arrive on time at the designated rendezvous point
vii) the skippers, in their sole discretion and acting reasonably, judge that you are unable to swim fast enough to allow you to complete your swim within 40 hours.
viii) you take part in any ambush marketing activity
Swimmers wishing to be accompanied by a kayaker must comply with the ‘LGSA Rules’. All swimmers are required to source their own kayaker to accompany them during their swim. Kayakers must be 16 years or older at the time of their swim. Those under 18 years old must have consent from a parent or legal guardian. Low quality or unsuitable kayaks will not be allowed to accompany your swim. It is your responsibility to ensure that your kayaker is fully prepared for your swim. The LGSA cannot be held responsible for any lack of preparation on your, or your kayaker’s part. Kayaking in open water, over long distances and for extended periods of time is a strenuous activity. All kayakers must have adequate experience and training to be able to not only look after themselves in the water but also accompany you in the water. When kayaking during your swim kayakers may encounter varying conditions including waves and choppy water, therefore you must ensure that they are prepared for all types of weather by kayaking regularly in open water and are able to perform the necessary manoeuvres in case of difficulty, including righting their kayak in the event of capsize. Kayakers must be able to paddle continuously for long periods of time.
11. Event Changes
You accept that you may be able to change the nature of your swim from a solo to a relay or vice versa provided this is agreed in advance with the LGSA office. You acknowledge and accept that your swim, in the interests of safety, may be amended in the following ways, including but not limited to reducing the distance of the swim, changing the swim course or altering the timings and structure of events. Any changes to your swim will be communicated to you on the day of your swim or sooner if possible. Should your swim be amended in any way you agree that it has still been staged and that you will not be eligible for any refund.
12. Use of Images
The LGSA reserves the right to use images of you taking part in your swim for its own purposes. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in your swim.
13. Risk and Liability
You acknowledge and accept your skippers will advise on the weather and lake conditions on and before the day of your swim however it is you take full responsibility for the final decision to make an attempt. You acknowledge and understand that open water marathon swimming is an extreme sport. You are aware of the risks inherent in attempting an open water marathon swim and the training for such an event, including possible permanent disability or death. You agree to accept and assume all those risks. You hereby waive any and all rights, to the fullest extent permitted by applicable law, to claim for loss or damages against the LGSA and/or any body affiliated thereto and any of the Association officials supervising, observing and organising events, which arise out of your participation in attempting the swim, or any activities incidental thereto. Please note seasickness can be a serious problem for swimmers or support team members on the boat. You undertake full responsibility to make them aware of this.
The LGSA requires that all swimmers have their own open water swimming insurance policy. You ensure that you have your own appropriate insurance policy to cover you and your participation in your swim.
In no event will the LGSA be liable to you for any
i) loss or damage
ii) loss of profit
iii) loss of reputation
iv) loss of business, revenue or goodwill
v) pledges made by you (or on your behalf) to charity
vi) consequential or indirect loss
vii) injury or sickness due to your negligence
Nothing in this Agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
The LGSA has its own appropriate third-party liability insurance for its own benefit. You acknowledge that you are not entitled to benefit under this insurance from any claim that is made against you by a third party for death, personal injury or damage to property as a result, or in connection with, your negligent actions or omissions whilst taking part in your swim. You will indemnify and keep the LGSA indemnified against any claim made against us by a third party for death, personal injury or damage to property as a result of, or in connection with, your negligent actions or omissions whilst taking part in your swim.