Date Published: September 1, 2024
1. What is the purpose of this agreement?
This agreement governs the services provided by Pacific Swim Co. It outlines the terms and conditions you agree to when participating in any swim-related activities with the company.
2. Who does this agreement apply to?
The agreement applies to all participants, including swimmers, guests, and sponsored swimmers, as well as to those booking services on behalf of others.
3. How is a booking confirmed?
A booking is confirmed when you sign the contract, make payment, or are allowed to join the swim by Pacific Swim Co. You must be at least 18 years old to book.
4. Can I transfer my booking to someone else?
No, bookings are non-transferable without written consent from Pacific Swim Co.
5. What responsibilities do I have as a participant?
You are responsible for ensuring your physical and mental fitness, following all safety protocols, informing Pacific Swim Co. of special requirements, and respecting the environment, fellow participants, and staff.
6. What medical information do I need to provide?
You must disclose any relevant medical information requested by Pacific Swim Co. Pregnant participants have additional requirements, such as providing a doctor’s approval after 24 weeks of pregnancy.
7. What are the safety protocols I must follow?
Safety protocols include confirming the vessel is in neutral before exiting or reboarding, using appropriate lighting during low-visibility swims, and avoiding swimming behind a moving vessel.
8. What is the risk of Swimming-Induced Pulmonary Edema (SIPE)?
SIPE is a risk during open water swimming, where fluid accumulates in the lungs. Participants should educate themselves on the symptoms and seek medical attention if needed.
9. Can I modify my booking?
Modifications are subject to approval and are not guaranteed. Any changes may incur additional fees and affect the availability or pricing of your swim.
10. What happens if I need to cancel my booking?
Cancellations must be submitted via the Pacific Swim Co. website. Fees are based on how far in advance you cancel. The optional ‘Cancel for Any Reason’ plan offers more flexible refund options.
11. What happens if Pacific Swim Co. cancels my swim?
If Pacific Swim Co. cancels the swim due to unforeseen circumstances (e.g., weather, mechanical issues), depending on the situation and any additional plans purchased, you may receive a refund, voucher, or the option to reschedule.
12. Are payments refundable?
Payments are generally non-refundable unless specified otherwise. Refunds may be available under specific conditions, particularly if you have the ‘Cancel for Any Reason’ plan.
13. Are there additional fees for payments?
Yes, depending on the method used, payments may incur additional transaction fees, such as credit card or wire transfer fees.
14. What happens if I damage property or equipment?
You are fully responsible for any damage to Pacific Swim Co.’s property or third-party property during the swim. You will need to reimburse the company for the full replacement cost.
15. Can I use a voucher for my booking?
Yes, but vouchers can only be used for payment at the time of booking and have no cash value. They are non-refundable but may be transferable under certain conditions.
16. What are the inherent risks of open water swimming?
Inherent risks include tripping, falling, lacerations, drowning, adverse weather conditions, and environmental hazards. Participants are responsible for their safety and assume all risks involved.
17. What limitations does Pacific Swim Co. have regarding liability?
Pacific Swim Co. is not liable for personal belongings, medical issues, or injuries that occur before, during, or after the swim. The agreement includes a waiver limiting your ability to sue, with disputes resolved through arbitration.
18. What are the specific requirements for marathon and long-distance swims?
Marathon swimmers must pace themselves according to guidelines, bring all necessary equipment, and ensure their crew is prepared to support them. The crew shares responsibility for the swimmer’s safety.
19. What is the role of the crew during marathon swims?
The crew is responsible for monitoring the swimmer’s condition, managing equipment, and ensuring safety protocols are followed. They play a critical role in the swimmer’s success and safety.
20. What are Pacific Swim Co.’s responsibilities during a marathon swim?
Pacific Swim Co. provides escort services, ensuring the vessel meets safety standards. However, the crew has primary responsibility for the swimmer’s safety during the swim.
21. How long does a swim last?
Each swim has a maximum duration based on average conditions. If the swim exceeds this time, participants may need to exit the water and consider the swim complete.
22. Can I extend my swim beyond the maximum duration?
Yes, but only with mutual agreement. Additional fees will apply for each hour beyond the maximum duration.
23. What happens if my swim is postponed?
Swims may be postponed due to weather, visibility, mechanical issues, or safety concerns. Depending on the situation, you may receive a refund, voucher, or the option to reschedule.
24. What should I know about bringing personal belongings on the vessel?
You are allowed to bring a limited amount of baggage. It is recommended that belongings be waterproof or water-resistant. Hard-sided luggage is prohibited, and you are responsible for your belongings during the swim.
25. Are there items I cannot bring on the vessel?
Yes, weapons, explosives, hazardous substances, and illegal drugs (including marijuana) are strictly prohibited on Pacific Swim Co. vessels.
26. How do I cancel my booking?
Cancellations must be submitted via the Pacific Swim Co. website. If the website is unavailable, you may need to notify the company by mail, with the cancellation date determined by the postmark.
27. What are my financial responsibilities if I cancel or modify my booking?
Participants are responsible for any fees incurred due to changes or cancellations, including airline change fees. Pacific Swim Co. will not provide refunds for unused portions of the swim.
28. What are the meeting time and departure requirements?
Participants must arrive at the designated meeting location on time with all necessary equipment. Late arrivals may be considered cancellations and are subject to fees.
29. What happens if I miss the mandatory safety briefing?
Participants who miss the safety briefing will not be allowed to board the vessel, and no refund will be issued.
30. What should I do if I’m running late for my swim?
If you are the only participant in your swim and are running late, Pacific Swim Co. may delay the start for a fee. Contact them as soon as possible to avoid cancellation.