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KSCAN, NOWCA and CLUB TIMING – CUSTOMER TERMS and CONDITIONS

Thank you for considering a NOWCA and CLUB TIMING annual SAFETY/TIMING membership. Please read through all the terms and conditions, including your personal health commitment:
To learn more about NOWCA and CLUB TIMING their training & venues terms & conditions, please visit www.nowca.org or www.clubtiming.com  All our venues are GDPR compliant and they may contact you with their own terms and conditions
Venue operators of the Safety and Timing APP System do so because it can help them improve aspects of safety.

1. ANNUAL MEMBERSHIP and EVENT ENTRY
1.1 By submitting your application you are agreeing to register for NOWCA and CLUB TIMING and to abide by these conditions of membership and entry.
1.2 The wristband you are provided with you is yours for life. You do not need to replace this unless it is lost, broken or fails to work. In most cases there is a charge for replacement wristbands.
In some venues you will be rewarded with a new reward band. This will be an exclusive colour sometimes silver or gold.
1.3 It is possible to renew this online or onsite if it has expired. We recommend that you agree to use our recurring payment method which is available during this online set up.

2. TRAINING and EVENT SAFETY
2.1 At all times during the training or event you must adhere to all instructions given by organisers, managers, event marshals, volunteers and officials.
2.2 It is your responsibility to ensure that you have the correct equipment that is in a good safe working order and take weather conditions into account when preparing to take part.
2.3 It is your responsibility that you are sufficiently fit and healthy to participate in the events unaided. If you are in any doubt we recommend that you seek medical advice beforehand. Please read our Health Commitment Statement for further advice. If you are a novice or beginner to NOWCA for open water swimming you must join an induction or coached session if that is available to you.

3. DATA PROTECTION, YOUR INDIVIDUAL RIGHTS AND GDPR 
We use and collect your personal and sensitive data so that venues may look after your interests for the following legitimate reasons:
Health interests
Vital interests
Explicit consent
Statistical purposes
This is outlined in your data rights in line with GDPR Legislation. For further details please go to https://ico.org.uk
3.1 You understand that your personal information can be stored by Kscan and used by the Organisation and venue operators.
3.2. The promotion and marketing of NOWCA VENUES and CLUB TIMING events and training;
3.2.1 The data controller for NOWCA/Club Timing is KScan
3.2.2 Venue operators will ensure compliance.
3.2.3 NOWCA/Club timing would like to add you to our mailing list (using a secure third party compliant service provider) You can easily OPT-OUT of these mailings at any time by logging into your account and updating your preferences. Additionally, any mailing will always have an unsubscribe option at the bottom of the footer. (please see condition 3.5)

If you object to such, please see condition 3.5.
3.3 The Organisers shall take all necessary steps to ensure that personal information or marketing information pertaining or relating to you which comes into their possession or control shall not be:
3.4.1 Used or reproduced in whole or in part in any form except for the purposes outlined in these conditions.
3.4.2 Disclosed to any person not authorised by NOWCA or you to receive it; or.
3.4.3 Altered, deleted, added to or otherwise interfered with (except where expressly permitted by these conditions).
3.5 Your right to withdraw:
If you would not like NOWCA or CLUB TIMING, their partners or Organisers to use the marketing information or personal information other than for purposes related solely to your participation in CLUB TIMING or NOWCA swims, please e-mail info@kscan.co saying please take me off your mailing list. You will then not receive any marketing emails.
3.6 Your right to be forgotten
Email in on info@kscan.co to be removed from our KScan system (please refer to our Privacy statement)
3.7 How we delete personal data
By cancelling your account, your personal details are hidden and cannot be accessed. You can ask us to permanently delete your data by contacting us on info@kscan.co
3.8 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.
3.9 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 info@kscan.co

4. CANCELLATION
4.1 NOWCA / CLUB TIMING 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 endeavour to communicate to you in advance.
4.2 In the event of a cancellation NOWCA /CLUB TIMING or the Organisers will have no responsibility for any costs incurred as a result of cancellation.
4.3 The annual fee is for a national safety and timing wristband which can be used at all NOWCA and CLUB TIMING venues. There are absolutely no refunds given for any circumstances.
4.4 In the event that your local NOWCA venue or Club decided to no longer use the system there will be no refunds. Please look for another venue or club using the system on our websites.

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 CLUB TIMING event. 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
7.1 In no event shall NOWCA CLUB TIMING 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:-
6.1.1 Loss or damage;
6.1.2 Loss of profit;
6.1.3 Loss of reputation;
6.1.4 Loss of business, revenue or goodwill;
6.1.5 Loss of anticipated savings;
6.1.6 Pledges made on your behalf or by you to charity; or
6.1.7 Consequential or indirect loss, regardless of whether the loss or damage:
(a) Would arise in the ordinary course of events;
(b) is reasonably foreseeable; or
(c) Is in the contemplation of the parties, or otherwise.
6.2 Nothing in this Agreement shall affect NOWCA its accredited venues, CLUB TIMING Organisers’ liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
6.3 NOWCA and CLUB TIMING strongly advises all participants to hold relevant public liability cover whilst 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 Participant must inform info@nowca.org  of changes in personal contact/address details immediately they occur if they cannot change them via their personal login page.

HEALTH COMMITMENT STATEMENT
Your health is your responsibility. NOWCA and CLUB TIMING are dedicated to helping you take every opportunity to enjoy your participation in training and your events. With this in mind, we have carefully considered what we can reasonably expect of each other.
Our commitment to you
1.      We will respect your personal decisions and allow you to make your own decisions about what exercise you can carry out. However, we ask you not to exercise beyond what you consider to be your own abilities.
2.      We will make reasonable efforts to make sure our NOWCA venues and CLUB TIMING events are organised to accepted safe operational standards for you to enjoy, however you must ensure the operators, organisers and any associated persons involved are trained and qualified. We don’t accept responsibility of anyone not directly working for or registered to NOWCA or CLUB TIMING.
3.      We will take reasonable steps to ensure first aid is provided and available at venues and events to an industry standard.
4.      If you tell us you have a disability which puts you at a substantial disadvantage in accessing our event, we will ensure this information is passed onto NOWCA venues and CLUB TIMING events for adjustments, if any, that are reasonable for them to make.

Your commitment to us
1.      You should not swim on your own or exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with your safe participation when training or in an event, before you enter you should seek advice from a relevant medical professional and follow that advice.
2.      It is the decision of the user, not the NOWCA venue, CLUB TIMING operator or event organiser, to determine whether he or she is fit enough to exercise. If the user is in any doubt, the user should seek medical advice. It is up to the user where to seek that medical advice.
3.      You should let the organisers know immediately, if you feel unwell whilst participating in one of the CLUB TIMING events or at a NOWCA venue. CLUB TIMING and NOWCA VENUE staff are not qualified Doctors, but there may be first aid trained staff in attendance for your piece of mind. It is up to you to confirm this if you are not willing to exercise without first aiders in attendance.
4.      If you have a disability, you must follow any reasonable instructions to allow you to train or complete your event safely.
This Health Commitment Statement sets the standards that NOWCA venues and CLUB TIMING organisers and event participants can reasonably expect from each other in regards to the health of the participant.
This statement is for guidance only. It is not a legally binding agreement between you and us and does not create any obligation which you or we must meet.

Overview for Operator/ Venue Information

Overview
CLUB TIMING and NOWCA Ltd are organisations managed by KSCAN Ltd. NOWCA accredited venues (self certification process) and CLUB TIMING organisers. Any training to get you ready is delivered by a range of health and fitness providers and facilities that are not governed by NOWCA, CLUB TIMING or KSCAN which are considered advisory but not governing bodies.
NOWCA members and CLUB TIMING Participants – Key conditions

  • 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 also have qualifications to deliver relevant activities. If you are in any doubt on instructor / coach qualifications or insurance you can contact them direct in the first instance and if you have any further questions contact info@nowca.org or info@clubtiming.com to check the organisers, coaches or venues.
  • You must ensure you advise the instructor/coach or facility of any specific medical condition. They will be able to advise on whether you can take part.
  • If you are taking part in any unsupervised activity, this is done at entirely your own risk.
  • Any equipment you provide should be in good condition, if bicycles are used in training we recommend they are fully checked by a qualified bike mechanic prior to use.
  • The wristband you are provided with is yours for life. You do not need to replace this unless it is lost, broken or fails to work. In most cases there is a charge for replacement wristbands.
  • In some venues you will be rewarded with a new ‘reward band’. This will be an exclusive colour sometimes silver or gold.
  • Non-use of wetsuits is entirely at the risk of the participant. It is up to you to inform and check with the organiser if you need to sign a waiver or have a confirmed level of experience. Also check with guidelines for water temperature as this may change also.
  • All participants should adhere to the facility/ instructor/ Coach / organiser/ and session rules.
  • Any person under the age of 18 should have parental consent to take part in NOWCA and CLUB TIMING activities. Any person under the age of 18 should check with a provider/ facility to ensure they are able to take part and if there are additional conditions.

Overview for Events and Races

NOWCA venues are facilities that have been identified as suitable for open water swimming. CLUB TIMING venues / clubs / coaches / retailers and events have agreed in their terms and conditions that they are suitable and safe for the event or activities they are timing.
Key conditions 

  • All participants must have a valid safety/timing wristband onsite, when in the water or the activity/event/race, it is your responsibility to ensure you have had this scanned as soon as you arrive and you scan into and out of all activities and events.
  • It is possible to renew this online or onsite if it has expired. We recommend that you agree to use our recurring payment method which is available during this online set up.
  • Participants should check closely 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 venues at their own risk, CLUB TIMING/ NOWCA/KSCAN cannot be held responsible for any injury or loss caused when using these venues.
  • All participants should read the venue / event rules to ensure they know routes and courses before they start.

Contact us
If you have any questions or concerns regarding a NOWCA venue or CLUB TIMING operator / venue or instructor, please advise info@kcsan.co