1. Scope of this Agreement
1.1 These Terms and Conditions shall apply to:
a. any Participant of the Chatter Challenge or;
b. a Parent/Guardian for any Young Person.
1.2 In the absence of written confirmation, the commencement of the Chatter Challenge will constitute acceptance by the Participant of these Terms and Conditions.
1.3 These Terms and Conditions together with any documents referred to within them shall constitute the entire agreement between the parties.
2. Fees
2.1 The Fee is payable on Sign Up.
2.2 The Fee is non-refundable.
3. Participants Responsibilities
3.1 The Participant or their Parent/Guardian undertakes to sign the Waiver prior to commencement of the Chatter Challenge.
3.2 Only the Participant must complete the Chatter Challenge. The Participant or their Parent/Guardian undertakes not to transfer their participation in the Chatter Challenge to any other individual.
3.3 The Participant may cease performing Dips at any time throughout the Chatter Challenge.
3.4 The Participant or their Parent/Guardian must ensure that the Participant is in good physical and mental health prior to each Dip.
3.5 It is the responsibility of the Participant or their Parent/Guardian to ensure the suitability and safety of the location and water conditions of each Dip prior to undertaking the Dip.
3.6 The Participant or their Parent/Guardian must ensure that the Participant wears suitable attire when performing each Dip.
3.7 The Participant or their Parent/Guardian must ensure the Participant has suitable dry and warm clothes to change into following the Dip, prior to performing each Dip.
3.8 The Participant or their Parent/Guardian must remove any wet clothing of the Participant and change into dry and warm clothes within fifteen (15) minutes of completing the Dip.
3.9 The Participant must ensure that they do not Dip alone and where the Participant is a Young Person that they are accompanied on each Dip by a supervising adult.
3.10 The Participant or their Parent/Guardian must ensure the Participant completes the Chatter Challenge within the year of Sign Up between the dates of 1 November and 31 March. This will not roll onto the following year.
3.11 It is the responsibility of the Participant or their Parent/Guardian to log the Participants Dip daily on the Chatter Challenge website.
4. CCs Responsibilities
4.1 CC shall post to the Participant the Merchandise as soon as reasonably practicable following Sign Up.
4.2 Subject to compliance by the Participant or their Parent/Guardian to each and every clause contained within these Terms and Conditions, within forty-five (45) days of 31 March, CC shall post to the Participant or their Parent/Guardian any Awards for which said Participant is eligible.
4.3 CC shall ensure the Fee is clearly advertised on their website.
5. The Awards
5.1 Subject to compliance by the Participant or their Parent/Guardian to each and every clause contained within these Terms and Conditions, upon completion of the Chatter Challenge, the Participant shall be eligible for the Awards.
5.2 The Awards received by the Participant will vary depending on the number of Dip(s) completed.
5.3 The Awards will be in accordance with the following table:
Number of Dip(s)
Awards
1 – 39
Bronze
40 – 79
Silver
80 – 119
Gold
120 – 150
Platinum
151
Diamond
152 (Leap Year)
Pearl
6. Intellectual Property
6.1 In the event that a photograph and/or video and/or any other form of media is uploaded to CCs Facebook page by the Participant or their Parent/Guardian the Participant and their Parent/Guardian hereby irrevocably waves, forfeits and relinquishes any right, title or interest they may have in it.
6.2 The Participant and/or their Parent/Guardian irrevocably grants and assigns to CC and CCs legal representatives or agents, the full perpetual rights to use such photographs and/or video and/or any other form of media in CC’s advertising, trade, or for any purpose.
6.3 The Participant and/or their Parent/Guardian further irrevocably consents to the use of any printed matter in conjunction therewith and hereby waives any right to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be put.
6.4 This clause 6 shall be binding upon the Participant and/or their Parent/Guardian and or his (her, or its) legal representatives, successors, and assignees.
7. Liability
7.1 CC shall not be liable for any injury suffered by the Participant during participation in the Chatter Challenge or any Chatter Wellness Retreats and/or resulting from damage to, loss of, or theft of property during the Chatter Challenge.
7.2 Nothing in this Agreement shall limit or exclude CCs liability for (1) death or personal injury resulting from its negligence; (2) breach of statutory duty; (3) criminal acts; (4) fraud; (5) or any liability that cannot be excluded under applicable law.
8. Confidentiality and Data Protection
8.1 Each Party will hold information of the other that can be reasonably regarded as being confidential or is notified as being so by the disclosing Party, in confidence and will not disclose such information without the consent of the other Party unless required by law or a court of competent jurisdiction, or it has already been made available to the public other than through a breach of this clause.
9. Entire Agreement:
9.1 These Terms and Conditions and Waiver constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
9.2 The Participant acknowledges that in entering into these Terms and Conditions it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
9.3 The Participant agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
10. Law and Jurisdiction
10.1 Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
10.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
11. General
11.1 Neither Party shall be liable to the other under or in connection with these Terms and Conditions or any contract made upon them for any indirect or consequential loss, loss of profits, loss of business, loss of revenue loss of anticipated savings, loss of reputation or regulatory fines. Nothing in these Terms and Conditions limits any warranty, exclusion or limitation of liability or right imposed by statute or regulation to the extent that it cannot lawfully be excluded or limited.
11.2 If any clause is held by a Court of competent jurisdiction to be illegal or unenforceable, that part will be severed from all other terms without affecting the validity or enforceability of all other provisions of these Terms and Conditions.
Definitions and Interpretation
In these Terms and Conditions, the following words shall have the following meanings unless the context dictates otherwise.
“Awards” means a certificate and badge.
“CC” means The Chatter Challenge Limited (Company Number: 13602429) of 8 Adelaide Row, Seaham, County Durham, United Kingdom, SR7 7EF
“Chatter Challenge” means undertaking at least one open water Dip between the dates of 1 November and 31 March.
“Dip” means the submersion of all or part of the Participants body in open water.
“Fee” means the payment made by the Participant to CC for participation in the Chatter Challenge.
“Merchandise” means the goods or products to be given to the Participant.
“Parent/Guardian” means the Young Persons parent or legal guardian.
“Participant” means the individual partaking in the Chatter Challenge.
“Party or Parties” means CC and/or the Participant and/or a Parent/Guardian.
“Sign Up” means formally agreeing to partake in the Chatter Challenge.
“Waiver” means the document titled “Waiver and Release of Liabilities” as signed by the Participant or their Parent/Guardian.
“Young Person” means a Participant who is aged 14, 15, 16 or 17 at the date of the commencement of the Chatter Challenge.
WAIVER AND RELEASE OF LIABILITIES
PARTICIPANTS AND PARENTS/GUARDIANS OF MINORS: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, include the singular.
Assumption of Inherent Risks
I acknowledge and understand that the Chatter Challenge is a potentially hazardous activity that presents a physical and mental challenge to Participants.
I acknowledge and understand that this is not a supervised challenge thus I am solely responsible for my own safety or that of any Young Person I am supervising.
I acknowledge that it is solely the responsibility of the Participant to ensure the suitability and safety of the location and any water conditions of each Dip prior to undertaking the Dip.
I understand and acknowledge that there is no requirement to submerse the entirety of my body when performing a Dip. It is at my sole discretion as to the amount of my body I submerse in open water. Whatever I do will be in accordance to my personal knowledge and skill set.
I understand and acknowledge that CC recommends and encourages that I consult with my doctor prior to participating in the Chatter Challenge to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.
I undertake that I have not been cautioned against me participating in the Chatter Challenge and/or any other physical activity by any medical practitioner.
I acknowledge that the Chatter Challenge is a test of my physical and mental limits and carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely regardless of the care measures and precautions taken by CC and are further described below (“Inherent Risks”)
I understand and acknowledge that the Inherent Risks include, but are not limited to:
My contact or collision with other persons or objects (e.g., with other Participant(s) of the Chatter Challenge, other swimmers who are not Participant(s) of the Chatter Challenge and/or other hazards in the water whether natural or man-made);
Weather-related hazards (e.g. extreme cold, ice, sleet, rain, fog, snow, and recent heavy rain fall);
Judgment and/or behaviour related problems by me during Chatter Challenge;
My own physical and mental health throughout the Chatter Challenge;
Erratic or inappropriate behaviour by other Chatter Challenge Participants; and
Natural hazards (e.g. uneven terrain, rock falls, lightning strikes, marine life and/or tides and currents).
I further understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic.
Waiver of Claims
I and/or Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge CC and the other Released Parties from any and all Claims arising out of my participation in the Chatter Challenge resulting from the Inherent Risks including injury caused during the Chatter Challenge and/or resulting from damage to, loss of, or theft of my property during the Chatter Challenge.
Except that nothing in this Agreement shall limit or exclude either CC or the Released Parties’ liability for:
Death or personal injury resulting from its negligence;
Breach of statutory duty
Criminal acts;
Fraud;
Or any liability that cannot be excluded under applicable law.
Indemnity
I hereby agree to reimburse CC and the other Released Parties in respect of:
Any and all Claims made by any Releasing Party arising out of my participation in the Chatter Challenge resulting from the Inherent Risks;
Any form of damage to, loss of, or theft of my property during the Chatter Challenge;
Any and all Claims of other Participants arising from my failure to comply with the Rules and/or my reckless conduct in the course of my participation in the Chatter Challenge.
Except for Claims arising from either CC or the Released Parties’ liability for:
Death or personal injury resulting from its negligence;
Breach of statutory duty;
Criminal acts;
Fraud;
Or any liability that cannot be excluded under applicable law.
Entire Agreement:
This Agreement and CCs Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Law and Jurisdiction
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
This Agreement shall be governed by and construed in accordance with the laws of England.I confirm:
That I have read this Agreement and fully understand its terms;
That I am limiting my rights in respect of claims against CC, including my right to sue;
That I am accepting the terms of this Agreement freely and voluntarily;
That I have had the option of obtaining independent legal advice as to the nature and effect of signing this Agreement prior to signing.
Signed: ……………………………………………………..
Full Name: ……………………………………………………..
Date: ……………………………………………………..
Schedule One: Definitions and Interpretation
“Agreement” means this Waiver and Release of Liabilities.
“CC” means The Chatter Challenge Limited (Company Number: 13602429) of 8 Adelaide Row, Seaham, County Durham, United Kingdom, SR7 7EF
“CCs Terms and Conditions” means the terms and conditions of business of CC a copy of which can be found here [Link]
“Chatter Challenge” means undertaking at least one open water Dip between the dates of 1 November and 31 March.
“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses.
“Dip” means the submersion of all or part the Participants body in open water.
“Inherent Risks” as defined in clause 1.7.
“Parent/Guardian” means the Young Persons parent or legal guardian.
“Participant” means the individual partaking in the Chatter Challenge.
“Party or Parties” means CC and/or the Participant and/or a Parent/Guardian.
“Released Parties” are together CC and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, spectators, other participants and volunteers.
“Releasing Parties” are together my and Parent/Guardian’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else bringing a Claim against CC or the Released Parties.
“Young Person” means a Participant who is aged 14, 15, 16 or 17 at the date of the commencement of the Chatter Challenge.
1.
Scope of this Agreement
1.1
These Terms and Conditions shall apply to:
1.2
In the absence of written confirmation, the commencement of the Chatter Challenge will constitute acceptance by the Participant of these Terms and Conditions.
1.3
These Terms and Conditions together with any documents referred to within them shall constitute the entire agreement between the parties.
2.
Fees
2.1
The Fee is payable on Sign Up.
2.2
The Fee is non-refundable.
3.
Participants Responsibilities
3.1
The Participant or their Parent/Guardian undertakes to sign the Waiver prior to commencement of the Chatter Challenge.
3.2
Only the Participant must complete the Chatter Challenge. The Participant or their Parent/Guardian undertakes not to transfer their participation in the Chatter Challenge to any other individual.
3.3
The Participant may cease performing Dips at any time throughout the Chatter Challenge.
3.4
The Participant or their Parent/Guardian must ensure that the Participant is in good physical and mental health prior to each Dip.
3.5
It is the responsibility of the Participant or their Parent/Guardian to ensure the suitability and safety of the location and water conditions of each Dip prior to undertaking the Dip.
3.6
The Participant or their Parent/Guardian must ensure that the Participant wears suitable attire when performing each Dip.
3.7
The Participant or their Parent/Guardian must ensure the Participant has suitable dry and warm clothes to change into following the Dip, prior to performing each Dip.
3.8
The Participant or their Parent/Guardian must remove any wet clothing of the Participant and change into dry and warm clothes within fifteen (15) minutes of completing the Dip.
3.9
The Participant must ensure that they do not Dip alone and where the Participant is a Young Person that they are accompanied on each Dip by a supervising adult.
3.10
The Participant or their Parent/Guardian must ensure the Participant completes the Chatter Challenge within the year of Sign Up between the dates of 1 November and 31 March. This will not roll onto the following year.
3.11
It is the responsibility of the Participant or their Parent/Guardian to log the Participants Dip daily on the Chatter Challenge website.
3.12
Chatter Wellness Day Retreats
If you attend a retreat you are under no obligation to partake in any of the activities. You are participating voluntarily in the activities offered and you take full responsibility for your health and well-being.
3.12.1
Breathwork
Breathwork is not safe in pregnancy or if you have had recent surgery so if either apply, you are advised not to partake in this session.
If you have any other medical conditions such as (and not limited to) schizophrenia, bipolar, epilepsy, heart conditions, high or low blood pressure, open wounds, then medical advice from your GP is recommended prior to the session.
It is your responsibility to ensure that it is safe for you to take part.
3.12.2
Sauna
Sauna is not suitable for use in pregnancy or if you are under the influence of alcohol, drugs or any medication/any other substance which affects your mental or physical health.
It is important that you listen to your body and only stay in the sauna for as long as you feel comfortable.
Dipping in the sea is entirely up to you and at your discretion and is at your own risk. This is not supervised. You must be aware of tides/rips and it is advised that you do not go past hip height for your safety.
You may become dehydrated if you do not drink enough water whilst in the sauna. Ensure that you have a full water bottle with you to keep hydrated.
The sauna may be cancelled if it is too windy.
You will receive a sauna safety questionnaire to complete.
Any concerns about your health should be discussed with your GP prior to attendance.
3.12.3
Yoga
Please ensure that you wear loose comfortable clothing. Yoga is generally deemed to be a safe form of exercise for healthy people and you will be taught by an experienced instructor. Please inform the instructor on the day of any physical injuries that they need to be aware of.
You are participating voluntarily in the class and take full responsibility for your health and well-being.
You recognise that yoga requires physical exertion that may be strenuous and may cause physical injury, and you are fully aware of the risks involved.
You represent and warrant that you are physically fit and have no medical condition that would prevent your full participation and you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating.
Before the class, it is your responsibility to make sure the instructors are aware of any relevant medical information including, but not limited to injuries, pregnancy, post-pregnancy, low or high blood pressure, recent and historic surgeries, epilepsy, arthritis etc. to ensure the safety of, and the greatest benefits to you.
Yoga Teachers are not doctors and you are responsible for your own body and seeking medical advice from a trained doctor before your class should you need to do so.
You understand your physical limits and know that your body is different to anyone else's.
You will progress at your own pace, and you will not push yourself and increase the chance of injury.
You will make appropriate adjustments to exercises that are given by us and stop immediately whenever you feel pain, discomfort or symptoms of a pre-existing condition.
If you are pregnant, could potentially be pregnant, or you are post-natal, you understand the risks involved for yourself and the child if you participate in a yoga class.
Please do not start yoga during this time.
Only practice yoga if you have practiced pre-pregnancy.
3.12.4
Meditation
If you are not used to the posture, there may be some discomfort in simply sitting still.
In addition, as your attention deepens, you might become aware of tensions in the body that were ignored because of being preoccupied by thought.
3.12.5
Sound Bath
Please be aware of the following information:
Due to the powerful nature of the gong, consideration must be given to certain health conditions.
It is recommended that a session like this one may not be suitable if you have recently had an operation (particularly with metal insertions), are fitted with a pacemaker, have acute osteoporosis, epilepsy or severe mental illness.
It is not recommended to attend this event if you are pregnant.
For people with hearing aids or hearing impaired, the gong may cause discomfort. In relation to singing bowls, if you have a history of epilepsy, it is recommended that you seek medical attention prior to attending the sound bath.
Please consult your GP regarding any health advice you might require prior to attending.
3.12.6
Lunch
This will be home-made and gluten-free however severe food allergies cannot be catered for. There may be a risk of cross-contamination. You confirm that you will give a detailed account of any food allergies and will inform the persons making the food via chatter@chatterchallenge.com of these prior to the event. You are aware of any risks and hereby release us from any and all liability, negligence or other claims arising from or in any way connected with your participation in the lunch.
3.12.7
Cacao
You will be given one small drink of cacao. Consuming too much may cause caffeine related side-effects such as nausea, trembling and sweating and may trigger migraines and skin complaints.
3.12.8
Personal Possessions
You understand and agree that Chatter Challenge Limited or the owners of the venues used by the Chatter Challenge Limited will not be responsible for any personal property of yours left, lost or missing during the retreat.
3.12.9
Consent to film/photograph
We may take photos or video from time to time during the day and these may be used on the website, on social media or on other marketing materials. If you do not wish to be in any of this then please let us know. If we do not receive notice then we will assume that you give permission for us to do this.
4.
CCs Responsibilities
4.1
CC shall post to the Participant the Merchandise as soon as reasonably practicable following Sign Up.
4.2
Subject to compliance by the Participant or their Parent/Guardian to each and every clause contained within these Terms and Conditions, within forty-five (45) days of 31 March, CC shall post to the Participant or their Parent/Guardian any Awards for which said Participant is eligible.
4.3
CC shall ensure the Fee is clearly advertised on their website.
5.
The Awards
5.1
Subject to compliance by the Participant or their Parent/Guardian to each and every clause contained within these Terms and Conditions, upon completion of the Chatter Challenge, the Participant shall be eligible for the Awards.
5.2
The Awards received by the Participant will vary depending on the number of Dip(s) completed.
5.3
The Awards will be in accordance with the following table:
| Number of Dip(s) | Awards |
|---|---|
| 1 – 39 | Bronze |
| 40 – 79 | Silver |
| 80 – 119 | Gold |
| 120 – 150 | Platinum |
| 151 | Diamond |
| 152 (Leap Year) | Pearl |
6.
Intellectual Property
6.1
In the event that a photograph and/or video and/or any other form of media is uploaded to CCs Facebook page by the Participant or their Parent/Guardian the Participant and their Parent/Guardian hereby irrevocably waves, forfeits and relinquishes any right, title or interest they may have in it.
6.2
The Participant and/or their Parent/Guardian irrevocably grants and assigns to CC and CCs legal representatives or agents, the full perpetual rights to use such photographs and/or video and/or any other form of media in CC’s advertising, trade, or for any purpose.
6.3
The Participant and/or their Parent/Guardian further irrevocably consents to the use of any printed matter in conjunction therewith and hereby waives any right to inspect or approve the finished product or products, or the advertising copy or other published matter that may be used in connection therewith, or the use to which it may be put.
6.4
This clause 6 shall be binding upon the Participant and/or their Parent/Guardian and or his (her, or its) legal representatives, successors, and assignees.
7.
Liability
7.1
CC shall not be liable for any injury suffered by the Participant during participation in the Chatter Challenge and/or resulting from damage to, loss of, or theft of property during the Chatter Challenge.
7.2
Nothing in this Agreement shall limit or exclude CCs liability for (1) death or personal injury resulting from its negligence; (2) breach of statutory duty; (3) criminal acts; (4) fraud; (5) or any liability that cannot be excluded under applicable law.
8.
Confidentiality and Data Protection
8.1
Each Party will hold information of the other that can be reasonably regarded as being confidential or is notified as being so by the disclosing Party, in confidence and will not disclose such information without the consent of the other Party unless required by law or a court of competent jurisdiction, or it has already been made available to the public other than through a breach of this clause.
9.
Entire Agreement:
9.1
These Terms and Conditions and Waiver constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
9.2
The Participant acknowledges that in entering into these Terms and Conditions it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
9.3
The Participant agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
10.
Law and Jurisdiction
10.1
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
10.2
These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
11.
General
11.1
Neither Party shall be liable to the other under or in connection with these Terms and Conditions or any contract made upon them for any indirect or consequential loss, loss of profits, loss of business, loss of revenue loss of anticipated savings, loss of reputation or regulatory fines. Nothing in these Terms and Conditions limits any warranty, exclusion or limitation of liability or right imposed by statute or regulation to the extent that it cannot lawfully be excluded or limited.
11.2
If any clause is held by a Court of competent jurisdiction to be illegal or unenforceable, that part will be severed from all other terms without affecting the validity or enforceability of all other provisions of these Terms and Conditions.
Definitions and Interpretation
“Awards” means a certificate and badge.
“CC” means The Chatter Challenge Limited (Company Number: 13602429) of 8 Adelaide Row, Seaham, County Durham, United Kingdom, SR7 7EF
“Chatter Challenge” means undertaking at least one open water Dip between the dates of 1 November and 31 March.
“Dip” means the submersion of all or part of the Participants body in open water.
“Fee” means the payment made by the Participant to CC for participation in the Chatter Challenge.
“Merchandise” means the goods or products to be given to the Participant.
“Parent/Guardian” means the Young Persons parent or legal guardian.
“Participant” means the individual partaking in the Chatter Challenge.
“Party or Parties” means CC and/or the Participant and/or a Parent/Guardian.
“Sign Up” means formally agreeing to partake in the Chatter Challenge.
“Waiver” means the document titled “Waiver and Release of Liabilities” as signed by the Participant or their Parent/Guardian.
“Young Person” means a Participant who is aged 14, 15, 16 or 17 at the date of the commencement of the Chatter Challenge.
1.
Assumption of Inherent Risks
1.1
I acknowledge and understand that the Chatter Challenge is a potentially hazardous activity that presents a physical and mental challenge to Participants.
1.2
I acknowledge and understand that this is not a supervised challenge thus I am solely responsible for my own safety or that of any Young Person I am supervising.
1.3
I acknowledge that it is solely the responsibility of the Participant to ensure the suitability and safety of the location and any water conditions of each Dip prior to undertaking the Dip.
1.4
I understand and acknowledge that there is no requirement to submerse the entirety of my body when performing a Dip. It is at my sole discretion as to the amount of my body I submerse in open water. Whatever I do will be in accordance to my personal knowledge and skill set.
1.5
I understand and acknowledge that CC recommends and encourages that I consult with my doctor prior to participating in the Chatter Challenge to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.
1.6
I undertake that I have not been cautioned against me participating in the Chatter Challenge and/or any other physical activity by any medical practitioner.
1.7
I acknowledge that the Chatter Challenge is a test of my physical and mental limits and carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely regardless of the care measures and precautions taken by CC and are further described below (“Inherent Risks”)
1.8
I understand and acknowledge that the Inherent Risks include, but are not limited to:
i.
My contact or collision with other persons or objects (e.g., with other Participant(s) of the Chatter Challenge, other swimmers who are not Participant(s) of the Chatter Challenge and/or other hazards in the water whether natural or man-made);
ii.
Weather-related hazards (e.g. extreme cold, ice, sleet, rain, fog, snow, and recent heavy rain fall);
iii.
Judgment and/or behaviour related problems by me during Chatter Challenge;
iv.
My own physical and mental health throughout the Chatter Challenge;
v.
Erratic or inappropriate behaviour by other Chatter Challenge Participants; and
vi.
Natural hazards (e.g. uneven terrain, rock falls, lightning strikes, marine life and/or tides and currents).
1.9
I further understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic.
2.
Waiver of Claims
2.1
I and/or Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge CC and the other Released Parties from any and all Claims arising out of my participation in the Chatter Challenge resulting from the Inherent Risks including injury caused during the Chatter Challenge and/or resulting from damage to, loss of, or theft of my property during the Chatter Challenge.
2.2
Except that nothing in this Agreement shall limit or exclude either CC or the Released Parties’ liability for:
i.
Death or personal injury resulting from its negligence;
ii.
Breach of statutory duty
iii.
Criminal acts;
iv.
Fraud;
v.
Or any liability that cannot be excluded under applicable law.
3.
Indemnity
3.1
I hereby agree to reimburse CC and the other Released Parties in respect of:
i.
Any and all Claims made by any Releasing Party arising out of my participation in the Chatter Challenge resulting from the Inherent Risks;
ii.
Any form of damage to, loss of, or theft of my property during the Chatter Challenge;
iii.
Any and all Claims of other Participants arising from my failure to comply with the Rules and/or my reckless conduct in the course of my participation in the Chatter Challenge.
3.2
Except for Claims arising from either CC or the Released Parties’ liability for:
i.
Death or personal injury resulting from its negligence;
ii.
Breach of statutory duty
iii.
Criminal acts;
iv.
Fraud;
v.
Or any liability that cannot be excluded under applicable law.
4.
Entire Agreement:
4.1
This Agreement and CCs Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
5.
Law and Jurisdiction
5.1
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
5.2
This Agreement shall be governed by and construed in accordance with the laws of England.I confirm:
i.
That I have read this Agreement and fully understand its terms;
ii.
That I am limiting my rights in respect of claims against CC, including my right to sue;
iii.
That I am accepting the terms of this Agreement freely and voluntarily;
iv.
hat I have had the option of obtaining independent legal advice as to the nature and effect of signing this Agreement prior to signing.
Signed:
.................................................................................................
Full Name:
.................................................................................................
Date:
.................................................................................................
“Agreement” means this Waiver and Release of Liabilities.
“CC” means The Chatter Challenge Limited (Company Number: 13602429) of 8 Adelaide Row, Seaham, County Durham, United Kingdom, SR7 7EF
“CCs Terms and Conditions” means the terms and conditions of business of CC a copy of which can be found here.
“Chatter Challenge” means undertaking at least one open water Dip between the dates of 1 November and 31 March.
“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses.
“Dip” means the submersion of all or part of the Participants body in open water.
“Inherent Risks” as defined in clause 1.7.
“Parent/Guardian” means the Young Persons parent or legal guardian.
“Participant” means the individual partaking in the Chatter Challenge.
“Party or Parties” are together CC and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, spectators, other participants and volunteers.
“Released Parties” are together my and Parent/Guardian’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else bringing a Claim against CC or the Released Parties.
“Young Person” means a Participant who is aged 14, 15, 16 or 17 at the date of the commencement of the Chatter Challenge.
