Terms & Conditions
1. Introduction
1.1. Why you should read them. To help you understand our responsibilities to you and your responsibilities to us, please read these Terms and Conditions. By making a Booking you confirm that you and all Members of your Group have read, understood and accepted these Terms and Conditions. If you have any questions about these Terms and Conditions, we will be happy to help you.
1.2. Information about us. We are Rewild Swim Club Ltd , a company registered in England and Wales with company number 13783332. You can contact us by writing to us at Rewild Swim Club Ltd, Elmore Farm, Elmore, Gloucestershire,GL2 3NT you can telephone us on 07815842250 or email: sarah@elmorecourt.com and Anselm Guise trading as Elmore Court Estate, Elmore Farm, Elmore, Gloucester GL2 3NT.
1.3. How we may contact you. If we have to contact you we will do so by telephone, email or by writing to you, using the contact details you have provided to us. By providing us with your contact details, you consent to our use of those contact details in all later correspondence between you and us. As such, please ensure the contact details you provide to us are correct, and advise us immediately if those details change at any time.
2. Definitions
2.1. The following terms have the given meanings:
Booking: means your booking to use the Facilities or any part of them.
Booking Application: means a online request for a Booking.
Booking Confirmation: means the confirmation of your Booking that is issued electronically once a Booking has been made by you.
Booking Fee: means the fees applicable for a Booking which are set out on our website www.rewildswimclub.com.
Booking Form: means the online booking form you must complete in order to make a Booking.
Booked Session: the period of time you have booked to use the Facilities when making a Booking.
Disclaimer: the disclaimer set out in Schedule 1.
Facilities: means the wild swim facilities located at Elmore Court Estate, being Madam’s Pool/Bottomless Pond, the
outdoor sauna, and bathroom facilities, the changing yurt and deck.
Group: means the named persons in your group on whose behalf you make a Booking.
Member: means you, the person for whom we have agreed to make the Facilities available in accordance with these Terms and Conditions, including you and the other persons in your Group who are named when you make the Booking.
Site: means Madams Pond, Elmore, Gloucestershire, GL2 3NT and surrounding and Elmore Farm, Elmore, Gloucestershire,GL2 3NT.
“we”, “us” and “our”: means Rewild Swim Club Ltd and Anselm Guise trading as Elmore Court Estate.
‘You”, “your” and “yourself’: means the person or persons who makes a Booking and any Member of your Group and who will be bound by these Terms and Conditions.
3. Booking
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3.1. By completing the Booking Form, you agree and accept to be bound by these Terms and Conditions and by any other rules as displayed at the Site or as notified by us to you from time to time.
3.2. It is your responsibility to ensure that all Members of your Group also have read and confirmed their agreement to these Terms and Conditions [and signed and returned Disclaimer] before you confirm the Booking.
3.3. Access to the Facilities will only be granted to named persons in the Group on the Booking Confirmation.
3.4. Your Booking gives you access to the Facilities or such part of them as named in the Booking Confirmation.
3.5. As part of the Booking, you and all Members of your Group must complete a health questionnaire and sign the Disclaimer. If you or any Member of your Group suffer from any medical condition or ailment, you must seek medical advice before using the Facilities or any part of them.
3.6. Once a Booking has been accepted by us and payment of the Booking Fee has been made, we will send you a Booking Confirmation by email confirming the Booking and notifying you of details of the Facilities you can use under your Booking, details of your Booked Session and providing you with more information about the Facilities.
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3.7. We may at our absolute discretion decline a Booking Application and in such an event, if payment of the Fee has been made a full refund will be made.
3.8. The term of your Booking shall be for the Booked Session only which will be set out in your Booking Confirmation and in any event will be no longer than 3 hours.
3.9. Your Booking may not be transferred or assigned to any other person and you shall not allow your Booking to be used by any other person.
3.10. You must be at least 18 years old to make a Booking and all Members of your Group must also be 18 years old.
3.11. We may at any time terminate or suspend your Booking in the event of the following:
3.11.1. You are in breach of these Terms and Conditions.
3.11.2. Any monies due to us by you remain unpaid after the due date for payment.
3.11.3. You provide false details when making the Booking and the false declaration would have reasonably affected our decision to grant you a Booking.
3.11.4. You act in an unbecoming manner or your conduct brings our reputation into disrepute.
3.11.5. You or any Member of your Group have not completed the health questionnaire and signed the Disclaimer.
3.12. If we terminate your Booking for any of the reasons set out above, you shall not be allowed on the Site, or to enter the Facilities as either a Member, a guest, a Member of a Group or otherwise
3.13. You shall pay the Booking Fee set out in the Booking application on our website.
3.14. We reserve the right to review the Booking Fee periodically and will give you at least 10 days’ notice of any changes to the Booking Fees.
3.15. Each Booking must be made online in accordance with our Booking Form on our website, at least 24 hours in advance of the date of Booking.
3.16. If you wish to make a Booking upon less than 24 hours’ notice, you must contact us by email but we cannot guarantee a Booking can be made or the availability of the Facilities at less than 24 hours’ notice.
3.17. A Booking is only valid for the parties named on the Booking Confirmation.
3.18. If you wish to cancel or to transfer your Booking to another session, you must let us know by email or telephone at least 48 hours in advance, otherwise you will be charged a £20 administration fee.
3.19. If you arrive more than 15 minutes late for your Booking Session, we are under no obligation to admit you for a swim or sauna session.
3.20. The first part of your first Booked Session will be allocated to a welcome and induction. You will be required to attend an induction and health and safety briefing which will be given in person. You will also be supplied with a copy of this briefing with your Booking Confirmation. It is your responsibility to ensure all the Members of your Group read the briefing and attend the induction and health and safety briefing. If they do not they will not be allowed to use the Facilities.
3.21. We will only admit a maximum of 20 Members for a swimming session at any one time and a maximum of 12 Members for a sauna session at any one time.
3.22. Access to the Facilities and the duration of a Booked Session may vary seasonally and in accordance with force majeure events (see cause 9.5) and our operational needs.
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4. Privacy Policy
4.1. Our Privacy Policy is available at https://www.rewildswimclub.com/privacy-policy. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
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5. Facilities and Conditions of Use
5.1. Once you have received a Booking Confirmation, we shall make the Facilities (or such part of them as is set out in your Booking Confirmation) available to you on the date and at the time of your Booked Session in accordance with these Terms and Conditions.
5.2. We reserve the right to vary, add or remove any of the Facilities and to close or withdraw the Facilities for cleaning, decorating, repairs or other maintenance or for reasons beyond our control. We will endeavour to keep to a minimum the disruption to the use of the Facilities but will not in any respect be liable for any losses incurred by you for the unforeseen closure of the Facilities.
5.3. You may only use the Facilities if you have made a Booking and received a Booking Confirmation, completed the health questionnaire and signed the Disclaimer.
5.4. You use the Facilities at your own risk. You must observe all our rules, signs and notices. You must be a competent swimmer, meaning you can swim 200m front crawl or breast stroke, be able to handle cold water exposure and not suffer from any injury, medical condition such as a heart condition, disease or illness, or be using prescription drugs which would make your use of the Facilities unsuitable.
5.5. If you are pregnant, you should not use the Sauna and should consult your Doctor before swimming. You must check with your doctor in advance if you are unsure about whether you should be using the Facilities or not.
5.6 We test the quality of the lake water periodically to make sure that it is suitable for swimming. However, you should be aware that open water swimming can increase the risk of illnesses caused by micro-organisms such as norovirus, giardia and cryptosporidium, and whilst the symptoms will generally be mild, there is also a risk of more severe infections caused by micro-organisms such as E.coli. Therefore, if the quality of the lake water is not suitable for swimming, we will close the lake until this has been rectified.
5.7 When using the Facilities, you agree to sensible and responsible conduct, in compliance with all notices, instructions, induction, health and safety briefing and directions as published, displayed or given directly by us.
5.8 You may not use the Facilities if you are under the influence of drugs or alcohol. Smoking is not permitted at the Facilities.
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5.9 You must ensure all cuts/abrasions are covered prior to swimming with a suitable waterproof covering.
5.10 We reserve the right to refuse admission to any persons for any reason including but not limited to those of non-compliance with these Terms and Conditions and/or any that may be deemed a health and safety risk. Refunds will not be offered to anyone refused admission.
5.11 There will be no lifeguard present on Site. There are however buoyancy aids on site and a canoe in the water. Emergency contact information is displayed on Site. If you suffer an accident or injury at the Facilities or where any other incident occurs, please make it known to us immediately. Emergency contact numbers are provided in the Booking Confirmation and are displayed on site at the Facilities.
5.12 If you make a Booking on behalf of someone else, it is your responsibility to make sure that anyone who is a party to your Group uses the Facilities has read these Terms and Conditions. All persons must also complete a health questionnaire and sign the Disclaimer prior to using the Facilities and arriving on Site.
5.13 You must use the designated platform and ladders provided for entrance and exit to the water. There is strictly no diving or jumping due to shallow water.
5.14 No dogs are allowed on Site (except for registered working assistance dogs) at the Facilities.
5.15 In the event of bad weather, or other environmental factors, Bookings may be varied or cancelled by us.
5.16 Do not leave valuables or money at the Facilities. We will not be liable for the loss, theft or damage of such items.
6. Additional Etiquette and Preparation
6.1. You should come prepared with swimwear, warm and water proof layers, water bottle, dry-robe/towel, footwear for the deck in hot weather and boots or trainers for the walk from the car park.
6.2. In the interests of public decency swimwear must be worn at all times whilst using the Facilities.
6.3. We recommend that you do not use the Facilities if you have had a large meal in the 90 minutes prior to your Booking.
6.4. You may consider neoprene gloves, socks, wetsuits and swim hats, have dry clothes ready to change into and take particular caution in the winter. ice.
6.5. Being set in nature, there are limited changing facilities. Therefore you may prefer to come already changed.
6.6. In order to protect the ecosystem of the lake, please remove all chemical products such as sunscreen, oils and moisturiser, before arriving at the Site and when showering, please only use the eco-friendly products provided.
6.7. You must make yourself aware of the rules-of-use of the Facilities which are displayed on site and highlighted in our safety video which all members must watch prior to using the Facilities:
6.7.1. You should stick to the recommended time of up to 15 minutes at a time, cooling off between rounds, as the sauna can reach temperatures of above 85 degrees C.
6.7.2. Please wear appropriate swimwear, sit on a towel and avoid wearing jewellery or swimwear with metal accessories as these can burn. Metal water bottles should not be taken into the sauna.
6.7.3. Avoid touching the glass partition door and use the wooden handle provided.
6.7.4. Only use fresh water on the sauna stones and not lake water or any other substances. Water should only be sprinkled lightly on the stones to control the temperature and steam.
6.8. Please make sure that any litter is taken home with you.
6.9. Please ensure you have a mobile phone and access to a vehicle.
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7. Limitation of Liability
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7.1 We will not under any circumstances accept responsibility in respect of any damage to or loss of any goods, articles or personal property, or property of any kind brought into or left at the Site. Any lost property will be kept by us for 1 month after the Booking, after which time we have complete discretion to dispose of any lost property.
7.2 You are responsible to us for your behavior. If we have reason to believe that your behavior is unacceptable, dangerous or unlawful, we will in our absolute discretion be entitled to take such action against you as may be necessary to prevent such behaviour continuing. This may include ejecting you from the Site and refusing any future Bookings for you.
7.3 We are not liable for any injury, damage or loss to you, third parties or property incurred whilst using the Facilities or on Site.
7.4 Nothing in these terms limits or excludes our liability for death or personal injury resulting from our negligence or arising as a result of fraud or fraudulent misrepresentation.
7.5. We are not liable to you as a result of any delay or failure to make the Facilities available to you as a result of a force majeure event, which means an event beyond our reasonable control including, but not limited to, serious adverse weather conditions, unsuitable water quality in the lake, damage to the Facilities, pandemic or compliance with any law or governmental order, rule, regulation or direction.
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8. Complaints
8.1. If you wish to make a complaint in relation to your Booking, please contact us by telephone or email. We will discuss with you the basis and cause of your complaint and will seek to address your complaint.
8.2. We will try to resolve any complaints with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
8.3. The laws of England and Wales apply to these Terms and Conditions.
8.4. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
9. General provisions
These Terms and Conditions shall be deemed to have been read, understood and accepted by you upon completing the Booking form.
9.1 The binding agreement between you and all Members of your Group and us upon completing the Booking Form shall be governed in all respects by the Laws of England and you hereby submit to the exclusive jurisdiction of the English Courts.
9.2 A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms and Conditions.
Schedule 1
Disclaimer
1 Introduction
This disclaimer notice applies to the Facilities operated by us. By making a Booking and using the Facilities you agree to be bound by the disclaimer notice (as set out below).
2 Using the Facilities
2.1 By making a Booking and using the Facilities, you agree that you:
2.1.1 will comply with these Terms and Conditions, in addition you:
2.1.2 will comply with any notices, warnings, instructions or briefings that are displayed or given to you by our staff or which are displayed on Site or are received via email and website. Please ask our staff if you have any issues or questions.
2.1.3 will act and behave in a responsible, sensible and safe manner at all times;
2.1.4 are responsible for any personal equipment or property that you use during your use of the Facilities or whilst on Site and you will ensure that such equipment or property is in good working order, has been properly maintained and is used safely and in accordance with its instructions;
2.1.5 you are fit to use the Facilities;
3 What are we each responsible for?
3.1 In the absence of any negligence or other breach of duty by us:
3.1.1 access to the Site is entirely at your own risk;
3.1.2 use of the Facilities is entirely at your own risk;
3.1.3 use of any equipment or property is entirely at your own risk;
3.1.4 we are not responsible or liable for any theft, damage, destruction or loss of your equipment, property or possessions on
Site or at the Facilities;
3.1.5 you will be liable for any damage or loss caused by you.
3.2 Wild swimming is a potentially demanding and physical activity. There are risks associated with this activity that we cannot fully remove or mitigate. You should ensure that you are fully aware of the associated risks of participating in this activity. In particular, this includes the risk of personal injury.
3.3 We are not qualified to express an opinion confirming that you are fit to use the Facilities and you must ensure that you are fit to use the Facilities. You must not use the Facilities if you are suffering from any serious medical condition or have recently undergone surgery unless you have a certificate of your fitness to use the Facilities from your doctor. You must not use the Facilities if you are pregnant or under the influence of alcohol or drugs.
4 Governing law and jurisdiction
4.1 The laws of England and Wales apply to this disclaimer.
4.2 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Before you sign this disclaimer notice, it is important that you have read and understood the statement in full. If there is any term in this disclaimer notice that is not clear to you or you do not understand, please speak to a member of staff or contact us by telephone on 07815842250 or email:
sarah@elmorecourt.com before you sign.