Article 1 Definitions
1. In these participant terms and conditions (“Participant Terms and Conditions”), the following is understood to mean:
- Event: the open water swimming event organized by the organizer on July 24th, 2026, in the Amstel in Amsterdam under the name LoveSwim.
- Participant: the natural person, not acting as an entrepreneur, who has registered for participation in the event via the Website in a manner permitted by the Organizer.
- Organizer: association Gay Swim Amsterdam, established in Amsterdam and registered with the Chamber of Commerce under number 40539419.
- Website: the website www.loveswim.nl.
2. These Participant Terms and Conditions apply to the Participant’s participation in the Event.
Article 2 Participation
1. Participation in the Event is only possible for a natural person who has reached at least the minimum age established by the organizer.
2. The Participant may only participate in the event if he has completed the registration form for that purpose fully and truthfully, if the registration fee has been paid in full, and if the participant has agreed to the Participant Terms and Conditions and the Privacy and Cookie Statement.
3. Participation in the Event is personal to the Participant. It is permitted, after consultation with the organization, to have another person participate in the event in place of the Participant.
4. In the event of cancellation or modification of the Event pursuant to Article 2 paragraph 5, or in the event of cancellation of participation by the Participant, the participant remains liable to pay the total registration fee to the Organizer.
5. The Organizer may decide, on the basis of serious (weather) conditions, not to allow the Event to take place, or to decide to terminate or suspend the Event prematurely. The Organizer may also decide, on the basis of serious (weather) conditions, such as but not limited to insufficient water temperature or water quality, to change the swimming route or the distance to be covered. A decision by the Organizer to modify the Event or to cancel it does not give rise to any liability for reimbursement of costs incurred by the Participant.
6. A Participant in the event must be at least 18 years old and in possession of swimming diploma B. Participants under the age of 18 must be accompanied by an adult. A Participant must not have any health problems that could lead to issues while swimming in open water.
Article 3 Liability
1. Participation is at one’s own risk. The Organizer is not liable for any damage, however named, that the Participant may suffer as a result of participation, unless such damage is the direct result of intent or gross negligence attributable to the Organizer. This exclusion of liability also applies to serious types of damage, such as all possible types of damage resulting from injury or death.
2. If, notwithstanding the provisions of the first paragraph of this article, the Organizer’s liability for damage to the participant must be assumed, the Organizer’s obligation to compensate such damage shall remain limited to a maximum of the amount paid out by the Organizer’s insurer in respect of such damage.
3. The Participant acknowledges that participation requires good health in both a psychological and physical sense, and declares that he meets this requirement and that he will have sufficiently prepared himself for the Event through training and other means.
4. The Participant indemnifies the Organizer against damage that third parties may suffer as a result of an act or omission attributable to the Participant in connection with the event. The Participant must be adequately insured against the risk of liability for said damage.
5. Sponsors of the Event and the municipality(ies) in which the Event takes place are excluded from all liability.
Article 4 Safety
1. The Participant is obliged to follow the instructions of the Organizer and the emergency services present on site during the event.
2. It is not permitted to wear one’s own swimming cap. It is mandatory to wear the swimming cap provided by the Organizer.
Article 5 Right of Portrait
The Participant grants permission in advance to the Organizer to make (photo) recordings during and around the Event and of the participation therein, and for the publication and reproduction of these recordings via various media.
Article 6 Personal Data
The personal data provided by the Participant will be included in a file by the Organizer. By entering into the agreement, the Participant grants permission to the Organizer to use the personal data for sending information to the Participant and for providing the personal data to third parties for the purpose of sending information to the Participant, in accordance with the Privacy and Cookie Statement published on the website. The Participant is permitted at all times to indicate, free of charge and in writing or by e-mail, that they object to the sending of information by the Organizer or to the provision of personal data, in accordance with the Privacy and Cookie Statement published on the website.
Article 7 Website and Payment
1. The Organizer provides no guarantees regarding the operation of and the services provided via the Website and is not liable for direct or indirect damage of any kind whatsoever arising from the use of the Website or any information provided thereon, including damage to or loss of data, damage to equipment or programs.
2. For the collection of the participant contribution, the Organizer has designated a payment provider responsible for the processing of payment transactions via the Website. Transaction fees are charged by the payment provider for transactions. The Organizer is not liable for the services provided by the payment provider.
Article 9 Dispute Resolution
Disputes between the Organizer and the Participant shall be settled by arbitration, to the exclusion of the civil courts, in accordance with the arbitration rules of the KNZB or, failing that, the rules of the Netherlands Arbitration Institute.