We’re pleased to welcome you to the NOWCA community. Our goal is to support safe, enjoyable and professionally run activities across open water and other environments. As a Partner Venue (also referred to as a NOWCA Partner Venue) you gain access to the NOWCA Platform, our expanding suite of tools, and the knowledge and support of a national network.
These Terms & Conditions (“Terms”) explain how our partnership works and set out the responsibilities of both parties. By joining as a Partner Venue or ticking “I accept”, you agree to these Terms.
1.Definitions
1.1 NOWCA Platform
All NOWCA software, websites, apps (on any operating system), digital modules, dashboards, hardware integrations, databases, features, updates, improvements and any future developments.
1.2 NOWCA Partner Venue
A venue using the NOWCA Platform under these Terms.
1.3 Member / Customer
A person who has joined NOWCA and agreed to the NOWCA Membership Terms.
1.4 Operational Use
Use of customer information solely for running activities, safety processes, timing, session administration and parental consent verification.
1.5 Marketing Use
Use of customer contact information for marketing, permitted only where explicit consent is confirmed by NOWCA.
1.6 Equipment
Any hardware or materials supplied by NOWCA, including scanners, wristbands, cables or branded assets.
1.7 Commercial Terms
A separate written agreement setting out fees, commission or other commercial arrangements.
2.Nature of the Partnership
2.1 The Venue operates independently. NOWCA provides technology, support and best-practice guidance but does not regulate, control or supervise Venue operations.
2.2 Nothing in these Terms creates an agency, employment, franchise, or joint venture relationship.
3.Becoming a Partner Venue
3.1 As a Partner Venue, you may receive:
• Access to the NOWCA Platform
• A venue webpage and directory listing
• Safety and timing tools
• Training, including remote sessions and periodic on-site support (typically twice a year)
• Best-practice guidance
• Marketing and promotional opportunities
• Branded materials
• Access to new and future NOWCA developments
3.2 NOWCA will use reasonable endeavours to train your staff in the correct use of the Platform.
3.3 Partner benefits may evolve as the NOWCA Platform develops.
4.Licence to Use the NOWCA Platform
4.1NOWCA grants the Venue a non-exclusive, revocable, non-transferable licence to use the NOWCA Platform for venue operations.
4.2 The Venue must:
• Allow access only to authorised and trained staff
• Maintain secure access
• Use the Platform lawfully
• Follow reasonable NOWCA guidance
4.3 The Venue must not:
• Copy, modify, reverse-engineer or decompile the Platform
• Build or operate any competing system
• Grant unauthorised access
• Misrepresent the Platform or NOWCA
• Misuse data or Platform features
4.4 All Platform intellectual property belongs to NOWCA.
5.Exclusive Use of NOWCA Systems
5.1 The Venue acknowledges that the NOWCA Platform is designed to operate as the Venue’s primary system for managing access, safety, participation, timing, booking, member interaction and related activities now and in the future.
5.2 NOWCA is not a listings company. Partner Venue status requires active and meaningful use of the NOWCA Platform.
5.3 If the Venue uses additional or alternative systems that duplicate or undermine the purpose of the NOWCA Platform, NOWCA may:
• Reduce or withdraw Partner Venue benefits
• Remove promotional support or directory listings
• Withhold branded materials
• Limit training or on-site support
• Suspend or terminate the partnership
5.4 The Venue must notify NOWCA before introducing any system that overlaps with NOWCA’s functionality.
5.5 NOWCA determines, acting reasonably and in good faith, whether additional systems undermine this Agreement.
5.6 The Venue indemnifies NOWCA for any claims, confusion or reputational impacts caused by multiple or conflicting systems.
5.7 The Venue acknowledges that meaningful and consistent use of the NOWCA Platform is a core requirement of Partner Venue status. Failure to use the Platform for an unreasonable period of time, or failure to operate sessions or activities through the Platform, undermines the purpose of this Agreement. NOWCA may suspend or terminate the partnership and remove the Venue from public listings if such non-use occurs.
6.Running Safe Sessions
6.1 The Venue is solely responsible for the safety, supervision and management of activities delivered at its site.
6.2 NOWCA provides best-practice guidance based on national experience and qualified staff. When used correctly with appropriate staffing levels and safety measures, the NOWCA Platform can support Venues to operate ahead of industry best practice.
6.3 Guidance is advisory only.
6.4 The Venue remains responsible for:
• Safety decisions
• Staff competence and training
• Water quality and environmental conditions
• Emergency plans
• Legal compliance
• Insurance
7.Safety Documentation
7.1 The Venue must maintain up-to-date:
• Risk assessments
• Standard operating procedures
• Emergency plans
• Insurance documentation
• Water safety documentation
• Any documentation required by future laws or regulations
7.2 The Venue must ensure documentation reflects regulatory and industry updates.
7.3 NOWCA may request confirmation that documentation exists but does not verify or certify it.
7.4 Documentation Support Disclaimer
Any assistance, templates, examples, guidance or feedback provided by NOWCA in relation to safety documentation, risk assessments, standard operating procedures, emergency plans or compliance matters is provided for guidance only.
Such assistance does not constitute legal, regulatory, professional or safety advice, does not amount to approval, certification or verification, and does not relieve the Venue of its obligation to ensure full compliance with all applicable laws, regulations, standards, guidance, licensing requirements and insurer conditions.
The Venue remains solely responsible for the accuracy, completeness, suitability and implementation of its documentation and operational practices.
8.System Availability & Backups
8.1 NOWCA will use reasonable endeavours to maintain Platform availability, security, resilience and performance.
8.2 The Venue acknowledges that:
• No system is uninterrupted
• Downtime may occur
• Features may be changed or retired
8.3 The Venue must maintain contingency processes (e.g., manual check-in).
8.4 NOWCA is not liable for business interruption, lost revenue, reputational harm or consequential loss arising from Platform issues.
9.Customer Data & GDPR
9.1 Members join NOWCA. Their data is controlled by NOWCA.
9.2 The Venue may use Member data only for Operational Use.
9.3 Marketing Use requires explicit Member consent and NOWCA-provided consent visibility.
9.4 The Venue must comply with GDPR, including:
• Securing data
• Training staff
• Reporting breaches
• Not exporting/storing data improperly
9.5 The Venue is responsible for misuse by its staff.
9.6 NOWCA will endeavour to by all reasonable means to grow the marketing database of its venues. The venues will endeavour to engage with their own marketing database to keep their swimmers as engaged as possible. NOWCA and the Venue will work on strategies together to grow both NOWCA and the Venues Database.
10.Member Risk Acceptance & Insurance Responsibilities
10.1 Members accept a legally binding acknowledgement of risk through NOWCA Membership Terms, confirming they:
• Understand risks of injury or death
• Assume full responsibility
• Are medically fit
• For under-16s, have parental consent
10.2 This digital acceptance is robust and often stronger than traditional waivers.
10.3 The Venue must ensure this satisfies its insurer’s requirements.
10.4 Additional insurer-required forms must be collected by the Venue.
10.5 NOWCA does not manage, store or verify venue-specific waivers.
10.6 The Venue indemnifies NOWCA for failure to comply with insurer requirements.
11.Personal Accident Insurance
11.1 NOWCA provides Personal Accident Insurance (“PAI”) for Members; availability may change.
11.2 PAI is separate from Venue insurance and does not replace Venue liability, employer’s liability or public liability insurance.
11.3 The Venue must not suggest NOWCA’s PAI covers Venue responsibilities.
11.4 NOWCA is not responsible for insurer claim outcomes.
11.5 The Venue is solely responsible for its insurance coverage.
11A. On-Site Membership Sales
11A.1 The Venue may sell NOWCA Memberships on site, subject to the following conditions:
a. The Venue must not charge a Member more than the standard NOWCA Membership price published by NOWCA, except for a reasonable processing fee to cover administration or card-handling costs.
b. Any processing fee must be clearly disclosed to the Member and must not exceed an amount considered reasonable by industry standards.
c. All Membership revenue (excluding the permitted processing fee) belongs to NOWCA and must be transferred to NOWCA in full.
d. The Venue must follow the payment process and timelines specified by NOWCA.
e. The Venue must not offer alternative membership products that duplicate or undermine the NOWCA Membership.
f. The Venue must use the official NOWCA Membership process, forms and systems without modification.
11B. Credits, Cancellations & Refunds
11B.1 The Venue is solely responsible for managing, approving and processing all credits, cancellations, amendments and refunds relating to activities delivered at the Venue.
11B.2 The Venue must ensure its staff understand and correctly use the credit and refund tools within the NOWCA Platform.
11B.3 NOWCA will not action or process credits, cancellations or refunds on behalf of the Venue. Requests from Members or Venue staff will be redirected to the Venue.
11B.4 The Venue indemnifies NOWCA for any dispute, loss or claim arising from the Venue’s handling or failure to handle credits, refunds or cancellations.
11B.5 The Venue must ensure its refund and cancellation policies comply with consumer law and are clearly communicated to participants.
11C. Guest Swims and Trial Access
11C.1 The Venue may use the Guest/Trial Swim functionality for individuals who are not NOWCA Members.
11C.2 Guest/Trial Swimmers must pay the higher Guest Swim price set by the Venue, which includes a mandatory non-member participation charge payable to NOWCA.
11C.3 The portion of Guest Swim revenue designated for NOWCA must be remitted to NOWCA in full following the payment process and timelines specified by NOWCA.
11C.4 A Guest/Trial Swimmer may participate in one Guest/Trial Swim only.
11C.5 After completing their permitted Guest/Trial Swim, the individual must become a NOWCA Member to continue swimming.
11C.6 The Venue must ensure that Guest/Trial Swimmers are correctly registered using the designated Guest process and that this functionality is not used to bypass or replace NOWCA Membership.
11C.7 Misuse of the Guest/Trial Swim function may result in suspension of Partner Venue benefits or termination under Section 18.
11D. Session Data Submission
11D.1 At the end of every session, the Venue must complete the required end-of-session process within the NOWCA Platform, including pushing or submitting session data so that participant records, safety logs and operational data are correctly stored.
11D.2 Failure to push session data may result in incomplete or lost data, inaccurate participation records, or missing timing or safety information.
11D.3 NOWCA will not recover, reconstruct or recreate missing session data where the Venue has failed to complete the end-of-session process.
11D.4 The Venue is solely responsible for ensuring staff are trained and consistently complete this process.
11D.5 Repeated failure to push session data may result in reduced Partner Venue benefits, suspension of system functions, or termination under Section 18.
12.Confidentiality
The Venue must keep confidential all NOWCA system details, internal materials and non-public information.
13.Branding & Promotion
13.1 The Venue may use NOWCA branding as per guidelines.
13.2 The Venue must:
• Promote the NOWCA brand positively
• Keep public information up to date
• Not imply NOWCA certifies safety
13.3 NOWCA will use reasonable endeavours to promote Partner Venues positively and support their success.
13.4 The Venue must not act in a way that damages NOWCA’s reputation.
14.Conduct & Behaviour
14.1 Venue staff must act professionally and respectfully.
14.2 Abusive, hostile, aggressive or inappropriate behaviour is a material breach.
14.3 NOWCA may suspend or terminate immediately due to such behaviour.
15.Equipment
15.1 Equipment remains NOWCA property unless purchased.
15.2 The Venue must care for and store Equipment properly.
15.3 Upon termination, Equipment must be returned within 14 days; replacement costs apply.
16.Commission Payments
16.1 Commission is paid monthly in arrears, subject to separate Commercial Terms.
16.2 Changes to commission are agreed outside this Agreement.
17.Self-Billing Agreements
17.1 A valid Self-Billing Agreement is required before any commission can be paid.
17.2 Self-billing cannot occur, and commission cannot be paid, without a valid signed agreement.
17.3 VAT details must be accurate and updated.
17.4 The Self-Billing Agreement must be renewed annually.
17.5 Commission during non-compliance is withheld until a valid agreement is in place.
17.6 If this Agreement is terminated at a time when no valid Self-Billing Agreement is in place, the Venue forfeits the right to receive any commission accrued, pending or otherwise due. NOWCA has no obligation to calculate, issue or pay any commission in the absence of a valid Self-Billing Agreement, and no payment shall be made retrospectively once the Agreement has ended.
18.Suspension & Termination
NOWCA may suspend or terminate if:
• Safety concerns arise
• Data is misused
• The Platform is misused
• Behaviour breaches occur
• Reputation is harmed
• Misrepresentation occurs
• Conflicting systems are used
• Commercial or legal breaches occur
• Failure to use the NOWCA Platform for an unreasonable period of time or failure to operate activities through the Platform
The Venue may terminate at any time via written notice.
18A. Right to Remedy for Certain Breaches
18A.1 Where a breach of this Agreement is capable of remedy, NOWCA will provide written notice to the Venue specifying the breach and giving the Venue a reasonable opportunity to remedy it, typically 14 days unless another period is specified.
18A.2 If the Venue fails to remedy the breach within the stated period, NOWCA may suspend or terminate the Agreement immediately.
18A.3 The following breaches are not considered capable of remedy and may result in immediate suspension or termination without notice:
• Safety or safeguarding failures
• Data breaches or misuse of customer data
• Misuse of the Platform
• Abusive, hostile or inappropriate behaviour
• Reputational damage
• Deliberate or fraudulent conduct
• Use of competing or conflicting systems that undermine the NOWCA Platform
19.Consequences of Termination
Upon termination:
• All Partner benefits end
• Platform access stops
• Branding rights end
• The Venue relinquishes the right to receive any further commission, payments or benefits, whether accrued, pending or future
• If no valid Self-Billing Agreement is in place at the point of termination, the Venue forfeits all outstanding or unclaimed commission
• All NOWCA Equipment must be returned within a reasonable time, or within any period specified by NOWCA for return
• Replacement costs apply for missing or damaged Equipment
• Data must be deleted
• The Venue may be de-listed from public directories, marketing materials, the NOWCA website and any Partner Venue listings
• The Venue must not make damaging public statements
20.Indemnity
The Venue indemnifies NOWCA for any claims arising from:
• Venue operations
• Safety incidents
• Staff behaviour
• Data misuse
• Misrepresentation
• Insurance failures
• Use of competing systems
• Equipment loss
• Reputational harm
21.Limitation of Liability
NOWCA is not liable for:
• Loss of revenue
• Business interruption
• Reputational harm
• Indirect or consequential loss
• Safety or water quality
• Staff actions
• Third-party tools
Liability capped at £1,000 except for death/injury caused by NOWCA negligence.
22.Good Faith
Both parties agree to act reasonably and in good faith in exercising their rights and fulfilling their responsibilities.
23.Force Majeure
Neither party is liable for failures caused by events beyond reasonable control.
24.General
These Terms may be updated (with notice for significant changes).
Invalid clauses do not affect the remainder.
Assignment requires NOWCA approval.
Governing law: England & Wales.
Jurisdiction: Courts of England & Wales.
25.Acceptance
By ticking “I accept”, you agree to these Terms and your responsibilities as a Partner Venue.
We look forward to supporting your success and growing the NOWCA community together.