Terms of Service

Terms of Service Version 1.1 | Effective Date: April 3, 2025

These Terms of Service (“Terms”) govern your access to and use of the websites operated by Pacific Open Water Swim Co. (collectively, “we,” “us,” or “our”), including all content, features, products, and services available at or through the site. By accessing or using our websites, registering for services, or making a purchase, you agree to be bound by these Terms and all applicable laws and regulations. Your general access to the website is also subject to our Terms of Use and Privacy Policy, which are incorporated here by reference.

Use of Website
This website is intended for informational purposes and for engaging with our services. It includes details about swim events, training clinics, merchandise, educational content, and operational policies. Users may inquire about services, register for events, make purchases, or subscribe to our email newsletter. General access to this website is governed by our Terms of Use, which establish the conditions for browsing, viewing content, and interacting with the site. Where users complete forms or make purchases, these Terms of Service apply in full.
No User Accounts
Our website does not support user-generated content, login accounts, or password-protected areas. Where registration or additional information beyond general website content is required (e.g., for event registration forms, service bookings, or digital downloads), access to such services or content is subject to your acceptance of these Terms and, where applicable, our Waiver, Ticket Contract, Swim Rules, and Safety Protocols.
Third-Party Payment Processors
We do not collect or store credit card or payment details. All payments are processed through trusted third-party vendors such as PayPal and others. Your use of such services is governed by the terms and privacy policies of those providers. We are not responsible for errors, breaches, or policies of third-party processors, and you agree to hold us harmless from claims arising from their use.
Participant Classification and Rules
Site visitors may include swimmers, crew members, guests, observers, professional partners (e.g., journalists or photographers), and officials. All individuals participating in on-water services must agree to the applicable Participant Waiver, Ticket Contract, and Swim Rules. These govern eligibility, conduct, safety, risk assumption, and limitations of liability. Certain individuals may be denied participation in accordance with our eligibility requirements or safety protocols, at our sole discretion.
Service Offerings
We provide open water swim services, including but not limited to events, solo swim coordination, training clinics, coaching, and merchandise. These services may be purchased individually or under seasonal offerings. Availability is not guaranteed and may be revoked or changed at our discretion.
Refunds, Rescheduling, and Cancel-for-Any-Reason Terms
We offer optional Cancel-for-Any-Reason Fee Waiver Plans, which provide defined fee waiver, refund, and reschedule benefits. Terms vary by purchase and are clearly posted at the time of purchase. Fee Waiver Plans are optional and subject to terms at the time of purchase. We reserve the right to verify eligibility for such waivers. No refunds are issued except as defined in our policies.
Merchandise and Digital Goods
We sell physical and digital products through our site. Delivery terms, return policies, and warranties (if any) are listed at the time of sale. If not specified, all sales are final. Merchandise may be fulfilled directly or through third parties. Digital goods are non-refundable once delivered.
Artificial Intelligence Content
We use AI tools to assist in generating personalized content and educational material. All AI-generated content is reviewed before publication. No content is dynamically generated or customized in real-time on the site. AI-generated content is intended for informational purposes only and should not be relied upon for safety-critical or medical decision-making.
Analytics, Cookies, and Tracking
We use analytics and behavioral tracking tools, including but not limited to Google Analytics, Meta tracking pixels, and session-based cookies. These are used to improve user experience, evaluate advertising, and support operational metrics. International users may be subject to data rights under GDPR. See our Privacy Policy for jurisdiction-specific details. By using the site, you consent to such tracking. See our Privacy Policy for details.
Third-Party Tools and Embeds
We integrate external platforms including but not limited to Cognito Forms, Calendly, YouTube, Zoom, Map Box, and other tools. These services may collect data independently. We are not responsible for their policies or actions. Your use of those tools is governed by the respective providers. See our Privacy Policy for additional information.
Copyright and Intellectual Property
All content on this site—including text, graphics, photographs, video, swim routes, training plans, and visual assets—is protected by copyright. Except where noted, all media are owned by Pacific Open Water Swim Co., Swim Alcatraz, or licensed to us by Altos Pacific, LLC or Swim Tahoe, LLC. You may not use our names, logos, or likenesses without express written permission. All rights reserved under U.S. and international copyright law. Unauthorized copying, reproduction, or reuse is strictly prohibited. This includes journalistic, editorial, and commercial uses. By submitting content to us (e.g., via email, forms, or reviews displayed on our site), you grant us a non-exclusive, royalty-free license to use, reproduce, and display it for business purposes.
Risk Acknowledgment and Assumption
Participation in open water swimming involves risks including injury, cold exposure, marine life encounters, navigation errors, and death. Participation in any on-water activity is voluntary and undertaken at your own risk. All participants are required to review and agree to the Participant Waiver, Ticket Contract, and Swim Rules, which govern risk assumption, emergency response limitations, and responsibilities. This Terms of Service does not duplicate those details but incorporates them by reference.
Prohibited Conduct
- You may not:
  - Copy, resell, or distribute any part of this website or its content.
  - Misrepresent your affiliation with our organization.\
  - Attempt to reverse engineer or manipulate any embedded tools.
  - Use the site for illegal purposes.
  - Attempt to introduce malware or interfere with site functionality.
  - Harass other users or staff via contact forms or other means.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR SERVICES THROUGH THIS SITE. WE DISCLAIM LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR INTERRUPTION OF SERVICE.
Governing Law and Venue
These Terms are governed by California law, with maritime law applicable to on-water services where relevant. To the extent applicable, maritime law supersedes state law in disputes related to navigational conduct, vessel operations, or open water risks. Any dispute must be resolved in accordance with our Binding Arbitration Clause and Class Action Waiver.
Binding Arbitration and Class Action Waiver
You agree to resolve all disputes arising under these Terms or related to the website via binding arbitration in San Francisco County, California. You waive the right to participate in a class action or jury trial. This clause survives termination of these Terms.
Changes to These Terms
We may update these Terms at any time. Changes will be reflected by version number and effective date at the top of this document. Continued use of the website after changes constitutes acceptance.
Contact Information
Questions about these Terms can be sent to: swim@pacificswim.co.

These Terms are Version 1.1. Effective as of April 3, 2025.