Exclusion of Liability

This Exclusion of Liability forms a part of the terms and conditions for Swim Collective Limited and Level Water events.  I understand that I will have to sign this form again before registration on the day of the event.  Please read the Exclusion of Liability and agreements carefully. They include releases of liability and a waiver of legal rights, and deprive you of the ability to sue certain parties. By agreeing electronically, you acknowledge that you have both read and understood all the text presented to you as part of the registration process. 

 I understand that by participating in open water swimming, including this Event, I may be exposed to heightened risk of injury or illness. These risks include injuries from collisions, wildlife, entering and exiting the water, illness from poor water quality, hypothermia, and risk of drowning.

I understand that entering the water during this event is a personal choice and I will assess my personal level of risk and tolerance in doing so. I understand that during 2024 the water quality was usually Poor in Totnes, and that individual tolerance to contaminants is variable. I have considered the water quality test results available at: 

• Environment Agency – Totnes Steamer Quay (swim start)

• Environment Agency – Stoke Gabriel (half way)

• Environment Agency – Dittisham (swim finish)

• Environment Agency - Explaining Water Quality Classifications

I understand that these tests are taken at one place and one time, and are not necessarily representative of the quality of the water in the whole river at the time of the swim. I am aware that since 2009, there has been one year (2024) where elevated illness rates were measured amongst Dart10k swimmers. 

I understand that the event organiser does not use water quality tests to decide whether to run the event, because these tests take three days to return a result.  Instead, Swim Collective uses weather forecasts, live rainfall measurements and (where provided) live reporting from South West Water to assess the risk. 

I am a strong swimmer and am capable of participating in the event without assistance. 

I am committed to preparing fully for the event, including swimming for extended periods outside and practising in choppy and wavy conditions.

By participating in this event and completing this form I confirm that I knowingly and voluntarily accept and assume sole responsibility for all risks involved in participating in the event.

I will follow all instructions provided to me prior to and during the Event.

I recognise that if I have any specific health issues, then my risks may be further increased, and I will discuss these risks with my doctor before choosing whether to take part.

I recognise The Event organiser will not be liable to me for any loss or damage incurred as a result of the event. Level Water and its employees, officers etc are not liable for any injury or illness that may occur as a result of the event.

Below is a list of steps as a swimmer, I can take to help reduce risk illness following any open water swim:

Before swimming:

- Cover cuts, scratches or sores with a waterproof plaster before swimming

- Consider wearing additional protective clothing such as a wetsuit, gloves and/or protective footwear

- Consider the weather conditions – increase wind may result in choppy water, which will increase likelihood of ingestion of water while swimming

Whilst swimming:

- Try to avoid swallowing and/or splashing water into mouth

- Observe local safety advice

After swimming:

- Ensure I clean my hands thoroughly with soap and water after swimming and before handling/eating food

- Thoroughly clean cuts or abrasions using soap and water

- Handle my wetsuit with care after use. Rinse it with clean water as soon as is practicable after swimming. Clean with detergent and rinse as advised by the manufacturer. Always wash hands with soap and water after handling or cleaning your wetsuit. Allow the suit to dry thoroughly before reuse.