Tailor Made Swim Hikes
Hayley Crawshaw of Little Blue Pootles at Unit 154587, PO Box 7169, Poole, BH15 9EL (“I” or “me”)
Agreement
1. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your swim hike booking. My acceptance of your booking will take place once we have discussed your requirements by phone or email following your initial inquiry. I will email you to confirm the date of the booking, ask you to electronically sign using the form below to say that you agree to these terms, and to pay the non-refundable deposit of £25. At that point this document will constitute a legally binding agreement between us. If you do not sign the terms, please note that you agree to them by paying the deposit. If more than one adult is attending the swim hike, each will have to electronically sign a copy of these terms, and complete a brief health questionnaire. Children aged 8 and over can attend as part of the group, only if they are accompanied by a parent or guardian who accepts full responsibility for the child.
Your health
2. I am not a medical professional and cannot advise on whether you should join the swim hikes or not. If you have any concerns at all about your health and undertaking the swim hikes, you should consult your doctor or other medical professional. You should notify me at the outset of any medical conditions that you have or any concerns that you have about participating in the swim hikes. If I have concerns about your health and/or ability to participate in the swim hike, I may require that the swim hike ends, or does not proceed. You agree that you are voluntarily participating in the swim hike with the risk that there may be personal injury or illness arising from such participation. I recommend that you purchase Personal Accident Insurance cover, as well as comprehensive Travel Insurance cover.
Your skills and abilities
3. You must be able to swim at least one type of stroke.
Suitable attire and other rules
4. You must attend the swim hike wearing suitable attire, as advised on my website. If you do not do so, I reserve the right not to proceed with the swim hike. I do not provide any clothing or equipment. The following rules also apply:
You may not:
- bring to the swim hike any children under the age of 8;
- bring any dogs unless they are well behaved, socialised with adults, children and other dogs; and kept on a lead of no more than 2m, at all times. Please notify me if you are bringing a dog as landowners are permitted to impose additional restrictions during lambing periods, so I need time to check;
- take part in the swim hike under the influence of alcohol or drugs.
- post the precise location of any swim spot I take you to, on social media. This is to protect both its environment, and my/your privacy.
- post the precise location of where we are during a swim hike, in real time on social media. Again this is to protect my/your privacy.
- post any photographs, videos or audio recordings of me on social media, without my written consent.
- use a drone during the swim hike. It’s not fair to disturb the wildlife and livestock that share the spaces we’ll be moving through.
5. If you do not follow my reasonable instructions during any swim hike, or are in my opinion disrupting the swim hike, I may require the swim hike to end and shall not be obliged to provide you with any refund.
6. You are responsible for the safety of any personal belongings you bring on a swim hike and I shall not be liable for any loss, damage or destruction to such belongings.
7. Food, drinks, transport and accommodation are not included in the swim hike. You are responsible for bringing and carrying your own snacks and refreshments.
8. You are responsible for carrying any clothing and equipment that you want to take on the swim hike.
Date changes and cancellations
9. I reserve the right to change the date of a swim hike, or to cancel a swim hike, and will provide you with as much notice as possible of this. If I need to change the date or cancel a swim hike, you will be entitled to a full refund. Please ensure that your email address and other contact details are up to date at all times and email me at hayley@littlebluepootles.com if you need to provide me with updated details.
10. If the weather forecast is severe, or the Met Office issues an extreme heat warning, and/or swimming conditions are unsafe because of high water levels or surf, I will postpone the swim hike, or offer a swim hike alternative. If you do not want to accept this alternative, or arrange a different date, I will issue a credit note valid for 12 months. No refund will be paid.
11. If you need to cancel a swim hike booking, please do so in writing. A refund minus the deposit amount will be made for all cancellations received up to 14 days before the swim hike was due to take place. If the swim hike is due to take place within less than 14 days, no refund will be provided.
12. You can transfer your place on a swim hike to another person up to 2 days before the swim hike is due to take place. That person must have a brief conversation with me, by phone or email, about the swim hike and their abilities, before electronically signing a copy of these terms and conditions. Only then will their place on the swim hike be confirmed. Alternatively you can move the date of your swim hike, up to 12 months ahead, again provided you give me 2 days notice before the original date of the swim hike.
Timings and locations
13. You will be notified about the meeting point for the swim hike. Transport is not provided, unless arranged in advance for a private group of 1-3 people. See clause 7.
14. Swim hikes usually start within a two-hour drive of my home in Northumberland. This means that I can travel to such areas as the Cheviots, North Pennines, County Durham, parts of the Lake District, the Howgills, the Scottish Borders, and large stretches of the North East coast. If you want me to guide further afield anywhere in the UK, I reserve the right to charge for accommodation costs at a venue of my choice, for at least the night before the swim hike.
15. It is very important that you turn up for the swim hike on time. Please plan to arrive early in case of heavy traffic or some other delaying factor. Unfortunately, if you arrive late for your swim hike, I will not be able to continue past the scheduled end time nor provide you with a refund. You may not assign your place on a swim hike to another person less than 2 days before the swim hike is due to begin.
16. If the weather changes quickly – for instance if I get a warning that lightning strikes are approaching, I will change the location of the swim hike, or end it if it not safe to relocate. Should this happen, you will be offered a 25% discount on booking another swim hike.
17. All swim hike locations are risk assessed, both a minimum of a few weeks before the swim hike takes place, and during each swim hike. If on arriving at a swim hike location I decide that certain risks have arisen that render it unsafe, I will where possible, relocate the swim hike. If this is not possible, you will be offered a 25% discount on booking another swim hike.
18. If you decide not to swim on a swim hike, no refund or alternative date will be provided, but you are welcome to make another booking.
Fees and payments
19. I will send you an invoice link for payments. These can be made using a credit card, debit card or PayPal.
20. The deposit payment of £25 is payable within 7 days of my sending the invoice. Until the deposit payment is received, the booking is not confirmed.
21. The outstanding balance is payable 14 days before the swim hike is due to take place. I will send an invoice for this amount a few days beforehand. If I do not receive payment by this time, your booking will be cancelled.
Data Protection
22. I comply with data protection laws in relation to your personal data. Please see my Privacy Notice for details of how I use your personal data.
23. I will not share photographs, videos or audio recordings of you on social media, or this website, without your written permission.
Intellectual Property
24. I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the swim hikes and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the swim hikes. I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the swim hikes for the purposes for which the swim hikes were provided only.
Liability – READ THIS SECTION CAREFULLY
25. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
26. The swim hikes shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. You must make me aware of any medical condition that may impact upon your ability to participate in the swim hike or that may impact on your health during the swim hike.
27. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.
28. My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the swim hike in the 12 months preceding any claim.
29. If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
30. The provisions of this liability section shall survive termination of this agreement.
GENERAL
31. If I fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if I fail to exercise any of the rights or remedies to which I am entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
32. A waiver by me of any default shall not constitute a waiver of any subsequent default.
33. No waiver by me of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
34. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
35. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
36. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
37. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
38. I have the right to revise and amend these terms and conditions from time to time.
39. You will be subject to the policies and terms and conditions in force at the time that your swim hike booking is confirmed by me, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously made by you), or if I notify you of the change to those policies or these terms and conditions before I send you the booking confirmation (in which case I have the right to assume that you have accepted the change to the terms and conditions, unless you notify me to the contrary within seven working days of receipt by you).
40. Contracts for the purchase of swim hikes through my site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
When requested, please use the form below to agree to these terms and conditions.