Terms & Conditions

Terms of Use

  • 1. Acceptance of Terms
    • By accessing and using the website and services provided by us (collectively, "Website/Services"), you agree to these Terms and Conditions, which constitute a legally binding agreement between you and us. If you do not agree to these Terms and Conditions, you must not use the Website/Services.
    • We may update or amend these Terms and Conditions at any time. Your continued use of the Website/Services after any such changes have been made constitutes your acceptance of the new terms.
      • 2. The Services

        • 2.1 The Website/Services may include communication tools such as email, bulletin boards, chat areas, news groups, forums, and/or other message or communication facilities (“the Services”) that are designed to enable you to communicate with others. Unless stated otherwise, the Services are for your personal and non-commercial use only.

        2.2 We reserve the right to modify, suspend, or discontinue any or all of the Services at any time without notice and without liability.

        • 3. Child Supervision

          • 3.1 We are concerned about the safety and privacy of our users, particularly children. If you are a parent or guardian and you provide your child access to the Website/Services, you accept full responsibility for your child's use of the Website/Services, including email, bulletin boards, chat areas, news groups, forums, and/or other message or communication facilities. It is your responsibility to determine which Services are appropriate for your child. We recommend that you supervise your child's access and use of the Website/Services at all times.

          3.2 We do not knowingly collect personal information from children under the age of 13 without the consent of a parent or guardian. If we become aware that we have collected personal information from a child under the age of 13 without the consent of a parent or guardian, we will delete such information from our files.

          • 4. Privacy Policy

            •  4.1 We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and the security of any personal information received from you. If you register for any of the Services, you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.

            4.2 We use a technology called “cookies” as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this from happening. Any information collected in this way can be used to identify you unless you change your browser settings. Please refer to our full Privacy Policy for more information.

            • 5. User Account, Password, and Security

              •  5.1 If a particular Service requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your username, password, or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

               5.2 You may not use another person's account at any time, without the express permission of the account holder.

              • 6. Acceptable Use

                • 6.1 You understand and agree that any information, text, graphics, logos, photographs, images, moving images, sound, illustrations, and other materials (collectively, "Content") that you access or use through the Services are the sole responsibility of the person who originated such Content. We do not control or endorse the Content and cannot guarantee its accuracy, integrity, or quality. By using the Services, you acknowledge that you may be exposed to Content that is offensive, indecent, or objectionable. We will not be liable for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services. You agree to assume all risks associated with the use of any Content, including any reliance on its accuracy or completeness.

                6.2 When using the Website/Services, you agree not to:

                6.2.1 Send junk email, spam, chain letters, pyramid schemes, or any other unsolicited messages, commercial or otherwise, through the Services.

                6.2.2 Post, publish, distribute, or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing, or unlawful.

                6.2.3 Post, publish, distribute, or disseminate material or information that incites discrimination, hate, or violence towards any person or group on account of their race, religion, disability, nationality, or any other characteristic.

                6.2.4 Threaten, abuse, disrupt, stalk, or otherwise violate the legal rights (including rights of privacy and publicity) of others.

                6.2.5 Use any information or material in a manner that infringes any copyright, trademark, patent, or other proprietary right of any party.

                6.2.6 Upload files that contain viruses, worms, trojans, or other malicious code that may damage the operation of another's computer or property.

                6.2.7 Collect or store personal information about others, including email addresses, without their explicit consent.

                6.2.8 Advertise or offer to buy or sell goods or services for any commercial purpose, unless the communication facility specifically allows such messages.

                6.2.9 Impersonate any person or entity for the purpose of misleading others.

                6.2.10 Violate any applicable laws or regulations, including but not limited to those regarding privacy, intellectual property, and the transmission of data.

                6.2.11 Use the Website/Services in any manner that could damage, disable, overburden, or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services.

                6.2.12 Post, publish, distribute, or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).

                6.2.13 Attempt to gain unauthorized access to any of the Services, other accounts, computer systems, or networks connected to the Website/Services, whether through hacking, password mining, or any other means.

                6.3 While we have no obligation to monitor the Services, we reserve the right to review any material posted to a communication facility and, at our sole discretion, to remove any material that violates these Terms and Conditions or is otherwise objectionable.

                • 7. Termination

                  • We reserve the right to terminate your access to any or all of the Services, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also, at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice, and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

                  • 8. Links to third-party websites

                    • The Website/Services may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

                    • 9. International use

                      • You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

                      • 10. Intellectual property rights

                        • 10.1 The Website and its content (including without limitation the Website design, text, graphics, and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents, and other intellectual property rights and laws. In accessing the Website, you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, and/or printing of pages of the Website for personal, non-commercial home use only.

                        10.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so, you are granting us a worldwide, royalty-free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate, or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.

                        • 11. Indemnity

                          • You agree to indemnify and hold harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by in consequence of your breach of these Terms and Conditions.

                          • 12. Disclaimers and Limitation of Liability

                            • 12.1. Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

                            12.2. To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

                            12.3. We make no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error-free, that defects will be corrected, or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.

                            12.4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence.

                            12.5. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

                            • 13. Severance

                              • If any of these Terms and Conditions should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

                              • 14. Governing Law

                                • These Terms and Conditions shall be governed by and construed in accordance with the law of England. You hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with these Terms and Conditions or your use of the Website/Services.

                                General Terms & Conditions

                                • 1. Annual Membership and Event Entry
                                  • By submitting your application, you agree to register for The Farm Club Group Ltd and abide by the conditions of membership and entry.
                                    • 2. Training and Event Safety

                                      • 2.1 During training or events, you must adhere to all instructions given by organizers, managers, event marshals, volunteers, and officials.

                                       2.2 You are responsible for ensuring that you have the correct equipment in good safe working order and take weather conditions into account when preparing to take part.

                                      2.3 You must be sufficiently fit and healthy to participate in events unaided. If you are unsure, seek medical advice beforehand. If you are a novice or beginner to The Farm Club Group Ltd for open water swimming, you must join an induction or coached session if available.

                                      • 3. Data Protection, Your Individual Rights, and GDPR

                                        •  3.1 The Farm Club Group Ltd collects and uses your personal and sensitive data to enable venues to look after your interests for legitimate reasons such as health interests, vital interests, explicit consent, and statistical purposes. This is in line with your data rights under GDPR legislation.

                                        3.2 The Farm Club Group Ltd may use your personal information for promotion and marketing purposes related to events and training. You may opt-out of any marketing communication by ticking the unsubscribe option at the bottom of the footer. If you object to such communication, please see condition 3.5.

                                        3.3 The organizers ensure that personal and marketing information relating to you which comes into their possession or control shall not be used or reproduced in whole or in part, disclosed to any unauthorized person, or altered, deleted, added to or otherwise interfered with except for the purposes outlined in these conditions. 3.4 Your right to withdraw: If you do not want The Farm Club Group Ltd, their partners, or organizers to use your personal information other than for purposes related solely to your participation in The Farm Club Group Ltd events/recreational activities, please e-mail [email protected], saying "please take me off your mailing list". You will then not receive any marketing emails.

                                         3.5 Your right to be forgotten: You can email [email protected] to be removed from The Farm Club Group Ltd system. (Please refer to our Privacy statement.)

                                        3.6 How we delete personal data: By canceling your membership, your personal details are hidden and cannot be accessed. You can ask us to permanently delete your data by contacting us on [email protected].

                                        3.7 Your right to correct your information (right to rectification): If you believe that the personal information we hold is inaccurate, incorrect, or incomplete, please contact us as soon as possible so we can update it. You can also update your own personal details by logging into your own account at any time.

                                        3.8 Request a copy of your data (data portability): All your data is available on your log-in page. If you need further assistance, please contact us on [email protected].

                                        • 4. CANCELLATION

                                          • 4.1 The Farm Club Group Ltd and partners and the Organisers may cancel the sessions and events if circumstances arise beyond their reasonable control. In such circumstances, it will be the local venue or clubs who will endeavor to communicate to you in advance.

                                          4.2 In the event of cancellation, The Farm Club Group Ltd or the Organisers will have no responsibility for any costs incurred as a result of cancellation.

                                          4.3 There are absolutely no refunds given for any circumstances.

                                          • 5. MEDICAL CONDITIONS

                                            •  5.1 If you have not exercised before or for some time, you should consult your doctor before taking part in open water swimming or any The Farm Club Group Ltd event/recreational activity. Please read our Health Commitment Statement for further advice.

                                            5.2 You must provide an emergency contact name/emergency contact number, medical conditions that may affect your participation. You must tell us on the form if you have ever had a seizure or fit. You must be honest with your level of competency on registration and anything else that you think could affect your participation. It is up to you to change your status or make any new changes from your login page if they change at the earliest opportunity.

                                            • 6. LIABILITY

                                              • 6.1 In no event shall The Farm Club Group Ltd or the Organisers be liable to you, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:-

                                              (a) Loss or damage;

                                              (b) Loss of profit;

                                              (c) Loss of reputation;

                                              (d) Loss of business, revenue or goodwill;

                                              (e) Loss of anticipated savings;

                                              (f) Pledges made on your behalf or by you to charity; or

                                              (g) Consequential or indirect loss, regardless of whether the loss or damage:

                                              (i) Would arise in the ordinary course of events;

                                              (ii) Is reasonably foreseeable; or

                                              (iii) Is in the contemplation of the parties or otherwise.

                                              6.2 Nothing in this Agreement shall affect The Farm Club Group Ltd's liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.

                                              6.3 The Farm Club Group Ltd strongly advises all participants to hold relevant public liability cover while taking part in these events and training.

                                              • 7. GENERAL

                                                • 7.1 The Agreement shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.

                                                7.2 If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder shall not be affected.

                                                7.3 The Agreement does not create, confer or purport to confer any benefit or right enforceable by any person not party to it.

                                                7.4 Participants must inform [email protected] of changes in personal contact/address details immediately they occur if they cannot change them via their personal login page.

                                                HEALTH COMMITMENT STATEMENT

                                                 At The Farm Club Group Ltd, we want you to enjoy our training and events while being responsible for your health. We have created this Health Commitment Statement to establish reasonable expectations for each party involved.

                                                Our Commitment to You

                                                • We respect your personal decisions and allow you to decide what exercise you can carry out. However, we advise you not to exceed your physical abilities.
                                                • We make reasonable efforts to ensure that our events and activities meet the accepted safe operational standards. However, we cannot accept responsibility for anyone not directly registered with The Farm Club Group Ltd.
                                                • We provide first aid services at our events and training venues to an industry standard.
                                                • If you inform us of any disability that could put you at a disadvantage, we will inform The Farm Club Group Ltd events and make any reasonable adjustments.

                                                  • Your Commitment to Us

                                                  • You should not swim or exercise beyond your physical abilities, and if you have any medical condition that could affect your safe participation, seek medical advice before entering.
                                                  • It is your decision, not the venue, operator, or event organizer, to determine if you are fit enough to exercise. Seek medical advice if in doubt.
                                                  • If you feel unwell during one of our events or at a venue, please inform the organizers immediately. While we have first aid trained staff in attendance, they are not qualified doctors.
                                                  • If you have a disability, you must follow any reasonable instructions to participate safely.

                                                    • This Health Commitment Statement sets standards that The Farm Club Group Ltd, venue operators, organizers, and participants can reasonably expect from each other concerning participant health.

                                                    This statement is for guidance purposes only and is not a legally binding agreement. It does not create any obligation that you or we must meet.

                                                    Overview for Operator/Venue Information

                                                    Overview:

                                                    The Farm Club Group Ltd provides training and events through a range of health and fitness providers and facilities that are considered advisory and not governing bodies. As such, there are key conditions that members must be aware of:

                                                    • Responsibility for their safety and wellbeing is with the company or person providing the session or facility.
                                                    • Sessions delivered and facility providers should be covered by the instructors or providers company indemnity/liability insurance.
                                                    • Instructors/coaches should have taken part in a training programme and have relevant qualifications to deliver activities. If you are unsure about instructor/coach qualifications or insurance, you can contact them directly in the first instance. If you have any further questions, contact [email protected] to check the organisers, coaches, or venues.
                                                    • You must inform the instructor/coach or facility of any specific medical condition, and they will advise whether you can take part.
                                                    • If you are taking part in any unsupervised activity, you do so entirely at your own risk.
                                                    • Any equipment you provide should be in good condition. If bicycles are used in training, we recommend that they are fully checked by a qualified bike mechanic before use.
                                                    • Non-use of wetsuits is entirely at the risk of the participant. You must inform and check with the organiser if you need to sign a waiver or have a confirmed level of experience. You should also check the guidelines for water temperature, as this may change.
                                                    • All participants should adhere to the facility/instructor/coach/organiser/session rules.
                                                    • Any person under the age of 18 should have parental consent to take part in The Farm Club Group Ltd activities. Any person under the age of 18 should check with a provider/facility to ensure they are able to take part and whether there are any additional conditions.

                                                      • Overview for Events and Races

                                                      Key conditions:

                                                      • All participants must register before and after the activity/event/race. When in the water, it is your responsibility to ensure you have registered.
                                                      • Participants should carefully check what is offered at a venue before choosing to use the facilities. Some may be unsupervised or may offer basic guidance.
                                                      • Participants should check pricing and opening hours before travelling to a venue.
                                                      • All participants use The Farm Club Group Ltd venue at their own risk. The Farm Club Group Ltd cannot be held responsible for any injury or loss caused when using the venue.
                                                      • All participants should read the venue/event rules to ensure they know the routes and courses before they start.

                                                        • Contact Us If you have any questions or concerns regarding The Farm Club Group Ltd operator/venue or instructor, please email [email protected].

THE FARM CLUB

©2021 The Farm Club

Mere View Farm, Pickmere, Knutsford WA16 0LG

Terms & Conditions

Privacy Policy