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MSS SWIMMING DISCLAIMER
The following terms and conditions apply to all swimmers ("you") attending this open water swim organized by Mumbai Sea Swimmers ("we" or "us"). Please ensure you have read and understood the following.
Acceptance of terms and conditions: By booking or attending a swim session with us, you accept these terms and conditions and they will form part of the contract between us.
Sessions: In order to attend this session you must be able to swim a minimum of 500m continuously and without rest. You must also be able to tread water easily. If in our opinion you are unable to comply with these minimum requirements then we may cancel your place on the session.
Illness, medical conditions and acceptance of risk: It is your responsibility to ensure that you are medically fit to swim and that at the start of a session you notify us of any relevant medical conditions. By booking or attending a session with us you confirm to us that:
(a) You are fit to swim in open water
(b) You meet the minimum requirements for swimming ability set out in paragraph 2 of these terms and conditions.
(c) All personal information you have provided to us is correct and not misleading; and
(d) You understand the dangers of swimming in open water and you agree to swim at your own risk. We will not be liable for any accidents or injuries arising from swimming with us, save that nothing in these terms and conditions will limit the liability of any person for death or personal injury caused by negligence.
Safety and general rules: Swimmers are responsible for their safety, actions and behaviour on any part of the venue. Safety for all is our paramount concern and we have the right to remove anyone on, in or around the venue who gives us any concern whatsoever with regard to safety. If you choose not to wear a swimsuit then you enter the water entirely at your own risk and we shall not be liable for any accidents or injuries you sustain. Open water swimming by its nature presents risks to the swimmer over and above those found in a swimming pool and by booking an open water session you accept that you are acting at your own risk and that we shall not be liable for any injury or any other matter suffered by you in the session or as a result of the session (including without limitation for any water borne diseases and/or any injuries caused by wildlife in/on the water. Swimming under the influence of alcohol or drugs is strictly prohibited.
Limitations of Liability: Whilst every reasonable precaution is taken by us to ensure security and safety at our sessions, we shall not in any way be liable for any loss or damage arising in any way from our sessions or venue we use. In the event that you cause harm, damage, loss or injury to any other person or property during the session, you agree to indemnify us and reimburse us for all claims, losses, damages, expenses (including reasonable legal fees) and any other liability suffered by us as a result of such harm, damage, loss or injury caused by you. We shall not be liable for any loss or theft of your personal possessions and all property left by you at the venue, the car park or anywhere else on or in the vicinity of our venue is done so at your own risk.
Organizers / Management decision regarding participation / event proceedings will be final.
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