TERMS & CONDITIONS FOR USE OF CHALONER POND

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1. The use of Chaloner Pond is done so entirely at your own risk.

2. All swimmers must purchase a ticket.

3. All visitors, including those who are not swimming, please sign in before heading to Chaloner Pond.

4. Anyone under 18 years old must remain pond side and be closely supervised by a responsible adult at all times.

5. No dogs onsite.

6. In attending to wild swim at Chaloner Pond, please be respectful of the working farm by staying in designated wild swimming areas only.

7. Please be respectful to ALL animals and fellow swimmers and do not damage any flora or fauna. 

8. No non-swimmers to enter the water.

9. Please take all litter away and leave the pond as you find it.

10. Please use designated entry/exit points.

11. Please report any issues to the farm or chalonerpond@gmail.com

12. All tickets are non-refundable and dates and/or times cannot be changed once booked. Tickets can however be transferred to others should you not be able to attend in person.

13. Visiting and swimming at the pond is only allowed within advertised opening hours. Unless prior arrangement with owners.

14. If found to be contravening any of the above, you will be asked to leave immediately without recompense.

1. DEFINITIONS and interpretation

The following definitions apply:

1. Bank Ticket: a person who accesses the grounds around Chaloner Pond but does not enter Chaloner Pond.

2. Child means any person under the age of 18 years who is accompanying the Customer to Chaloner Pond.

3. Company or us means Jessica Roy Coaching incorporated and registered in England and Wales with company number 13996384

4. Customer or you means a person who accepts and agrees to these Terms and Conditions by reading these Terms and Conditions and then clicks on the box to confirm they agree and wish to purchase a ticket.  

5. Fee means the fee set out on the Website as amended from time to time.

6. Order means the Customer’s order to purchase an entry ticket to Chaloner Pond through the Website.

7. Website means the Company’s website www.chalonerpond.co.uk

Unless the context otherwise requires, each reference in these Terms and Conditions is a reference to these Terms and Conditions as amended or supplemented from time to time.

2. Background

1. Chaloner Pond is managed by the Company. The Customer wishes to enter Chaloner Pond in order to participate in open water swimming. The purpose of these Terms and Conditions is to set out the terms on which the Company offers the Customer access to Chaloner Pond for the purpose of open water swimming.

2. Any person accessing the Chaloner Pond for any reason must purchase a ticket and by doing so, has agreed with these Terms and Conditions including the Disclaimer on behalf of themself and any Child before accessing Chaloner Pond. 

3. All Customers should ensure they fully understand the dangers associated with open water swimming including the potential for personal injury and property loss.

4. Customers are reminded that open water swimming is potentially hazardous and that use of Chaloner Pond is at the Customer’s own risk. All attendees, including those purchasing a Bank Ticket, must observe these Terms and Conditions at all times and sign in to accept the Disclaimer. 

5. Whilst the Company makes all reasonable efforts to ensure that the descriptions of Chaloner Pond is correct and reasonably accurate, images and video footage of the Lakes are for illustrative purposes only. By proceeding with an Order, the Customer confirms that they are not relying on any representations made by the Company.

3. BOOKING

By purchasing a ticket, the Customer:

1. Agrees and accepts to be bound by these Terms and Conditions including the Disclaimer and represents to the Company that the Customer has authority to make the Order on behalf of itself and any Child and that the Order is subject to these Terms and Conditions.

2. No part of the Website constitutes a contractual offer capable of acceptance. The Order constitutes a contractual offer that the Company may, at its sole discretion, accept. The Company’s acknowledgement of receipt of the Order does not mean that it has accepted it. The Company’s acceptance is indicated by it sending the Customer a booking confirmation by email. Only once the Company has sent the Customer a booking confirmation will there be a legally binding contract between the parties.

3. No person will be admitted who has not signed in and read and accepted these Terms and Conditions. 

4. The Company may at its absolute discretion decline an Order.

5. Upon the Company accepting an Order, payment of the associated Fee must be made by the Customer. 

6. All pre-booked tickets are non-refundable and non-transferable. 

7. The Customer agrees to be legally responsible for any Child and confirms that the Child understands these Terms and Conditions and the Customer therefore accepts these Terms and Conditions on behalf of them self and the Child.

8. All attendees in the Customer’s group will be required to sign and complete the Disclaimer (in the visitors book) prior to entry to Chaloner Pond. Any attendee who fails to complete the Disclaimer (signature in visitor's book) on which they are due to attend will be refused entry to Chaloner Pond.

4. Closure or CHANGES TO CHALONER POND

1. The Company reserves the right to close the whole or any part of Chaloner Pond or suspend the operation of open water swimming for any technical or operational reasons (including staff illness), weather, capacity, special events or to ensure the safety and security of Customers or if the Company reasonably considers that the circumstances so require. If Chaloner Pond is closed for any of the reasons set out above the Company reserves the right to offer substitute tickets for admission on an alternative date in substitution for any other form of redress.

5. Entry conditions

All persons may access Chaloner Pond subject to the following entry conditions:

1. All persons must have a valid entry ticket and have agreed to and accepted these Terms and Conditions and signed the Disclaimer. 

2. A person should not participate in open water swimming if they have a known medical condition that would render such participation to be potentially unsafe for them. If the person has any medical conditions, they should consult with their own doctor to ascertain if they can take part. If there is any possibility the person might be pregnant, they must not take part.

3. All persons accept that they have a duty to take reasonable steps to ensure their own safety. All persons in and around Chaloner Pond should behave in a safe manner at all times and must not act in any manner which may disturb other users.

4. All persons must comply with any reasonable instructions given to them by the Company’s personnel or any third party instructed on behalf of the Company. If a Customer disregards such instructions then the Company reserves the right to remove them from Chaloner Pond, without any right to a refund.

5. A person must not enter Chaloner Pond if they are under the influence of drugs or alcohol.

6. All persons must enter and exit Chaloner Pond at the specified places.

7. No person is permitted to dive into Chaloner Pond from the bank side.

8. All persons must be confident in the water and able to swim 50m unaided.

9. Children under 18 are not currently able to swim at Chaloner Pond. If they have a ticket, they must remain on the bankside. 

10. A person must not cause any damage or disturbance to the wildlife or flora and fauna surrounding or in Chaloner Pond.

11. All persons accept that no dogs are allowed on the farm, except assistance dogs. 

12. Access to any other Lake/pond or farm area used for different purposes, is not permitted.

13. Swim shoes are strongly advised due to the debris in the base of the pond.

14. The Customer understands and accepts that the water quality is tested monthly by the Company but may change due to weather conditions or other factors.

15. The Customers understands and accepts that there are no lifeguards at Chaloner Pond but that life buoys are situated at Chaloner Pond and there are exit points at frequent intervals on the edge of Chaloner Pond.

16. If a Customer does not comply with these Terms and Conditions or they fail to agree to these Terms and Conditions they will not be permitted access to Chaloner Pond or may be removed from the farm, without any right to a refund. 

6. Data protection

7. Photography

1. The Customer grants the Company permission to use any photograph of you at the Lakes (Photograph) for the purpose of marketing (Permitted Purpose).

2. Customers agree that no photography of other customers without prior consent should be taken. Anyone in breach of this condition will be asked to leave the premises immediately.

3. You agree to the Company storing copies of the Photograph for as long as necessary to fulfil the Permitted Purpose and storing your contact details on our database in case it we need to contact you.

4. You can withdraw your consent given in clause 7 of these Terms and Conditions at any time by contacting us via the Website. This will not affect the lawfulness of any processing carried out before you withdraw your consent. 

5. For data protection purposes we are the controller of (and responsible for) the personal data comprising the Photograph and your contact details.  

We will:

1. ensure that we comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of the Photograph and your contact details; and 

2. process the Photograph and your contact details in accordance with the Privacy Policy.

8. Complaints 

1. The Company always welcome feedback from its customers and whilst it always uses all reasonable endeavours to ensure that a customer’s experience is a positive one, the Company nevertheless wants to hear from any customer if they have any cause for complaint. If the Customer has any complaint about Chaloner Pond or any of our staff, please raise the matter via email: chalonerpond@gmail.com

9. General

1. The Company reserves the right to vary these Terms and Conditions at any time without prior notice as required by law or necessity.

2. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

3. These terms are governed by English law and wherever you live you can bring claims against the Company in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against the Company in the courts of the country you live in. The Company can claim against you in the courts of the country you live in.

10. Disclaimer 

 Open water swimming is physically challenging and carry with them risks that the Company cannot entirely eliminate. These include the risk of personal injury, such as cuts, bruises, gastrointestinal illnesses, or stomach bugs, which may cause diarrhoea and/or vomiting, as well as respiratory, skin, ear and eye infections and drowning.

 The Customer confirms that it and any Child under their supervision must comply with all Entry Conditions as set out in clause 5 of the Terms and Conditions provided with this Disclaimer.

Neither the Company nor its employees nor directors are qualified to express an opinion that any person is fit to safely participate in open water swimming. The Customer must obtain professional or specialist advice from their doctor before participating.

In the absence of any negligence or other breach of duty by the Company:

1. participation in open water swimming  and aqua sports at Chaloner Pond is entirely at the Customer’s or Child’s own risk; and

2. the Company is not responsible for any theft, damage, destruction or loss of a Customer’s or Child’s property or belongings whilst participating in open water swimming or aqua sports at Chaloner Pond.

14. The Company is responsible for losses the Customer and any Child suffers caused by the Company breaching these Terms and Conditions unless the loss is:

1. Personal injury: to the extent excluded pursuant to paragraph 4 above.

2. Theft, damage destruction or loss of property: to the extent excluded pursuant to paragraph 4 above.

3. Unexpected. It was not obvious that it would happen and nothing you said to the Company before it accepted your Order meant it should have expected it (so, in the law, the loss was unforeseeable).

4. Caused by an event outside our control. If access to Chaloner Pond is not permitted or delayed by an event outside the Company’s control as set out in clause 4 of the Terms and Conditions. The Company will contact the Customer as soon as possible to let you know and will do what it can to reduce the delay. As long as the Company does this, it will not compensate you.

5. Avoidable. Something the Customer could have avoided by taking reasonable action, including following the Entry Conditions.

6. A business loss. The Company will not be liable for any loss the Customer suffers in connection with its trade, business, craft or profession.