Common use of Medical Considerations Clause in Contracts

Medical Considerations. 4.1. This rule does not apply in relation to testing for drugs, stimulants or other prohibited substances or practices which matters are covered by British Swimming Anti-Doping Rules, the World Anti-Doping Code, and the UK Anti-Doping’s Anti-Doping Policy. 4.2. Team Members must conduct themselves in such a reasonable manner so as to obtain and maintain their best possible physical and mental fitness and health. 4.3. Team Members must disclose as soon as reasonably possible to the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team any physical or mental illness and/or injury that may affect their performance or participation in the activities of the Team. 4.4. The Team Medical Officer or the Team Leader, acting reasonably if a Team Medical Officer has not been appointed for the Team may request a Team Member to undergo a medical examination/consultation for the purpose of determining the Team Member’s physical and mental fitness and health. 4.5. To assist with any consultation or examination the Team Member must authorise their medical practitioner to disclose to the Team Medical Officer or the Team Leader if a Team Medical Officer has not been appointed for the Team the details of all: 4.5.1. pre-existing medical conditions (and which the Team Member’s medical practitioner considers relevant to the Team Member’s physical and mental fitness and health to perform optimally in training and competition); and 4.5.2. physical or mental injuries and/or illnesses (and which the Team Member’s medical practitioner considers relevant to the Team Member’s physical or mental fitness to perform optimally in training and competition); and the Team Member hereby waives the obligation of confidentiality owed to them by the said medical practitioner for the purpose of compliance with this sub- clause and the other provisions of this clause 4 of this Schedule provided always that, if the Team Member has authorised their medical practitioner to disclose to the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team the details set out in clauses 4.5.1 and 4.5.2 of this Schedule above and such medical practitioner refuses and/or withholds disclosure of the same, the Team Member shall not be held to be in breach of this clause 4.5 of this Schedule. 4.6. It shall be the personal responsibility of any Team Member having a pre-existing medical condition (in particular a known food allergy) that may affect their participation in Teams to advise the Team Medical Officer or the Team Leader if a Team Medical Officer has not been appointed for the Team and further the Team Member shall ensure that they shall have in their possession any medication or equipment required to treat their medical condition or allergy in the event of a medical emergency. 4.7. In respect of any such consultation or examinations (conducted pursuant to clause 4.4 of this Schedule) the medical practitioner at the written request of the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team stating the reasons for the request, may subject to first obtaining the written consent of the Team Member disclose to the Team Medical Officer or the Team Leader if a Team Medical Officer has not been appointed for the Team the details of any medical condition, treatment or progress of the Team Member. 4.8. A Team Member must return to their place of residence if so directed by the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team because in the professional opinion of the Team Medical Officer, or in the reasonable opinion of such Team Leader, the Team Member is unfit or unable to perform to the best of their ability through illness and/or injury. All reasonable travel and other expenses will be borne by British Swimming. 4.9. The Team Medical Officer is authorised to authorise such emergency medical or surgical treatment as deemed necessary or, in the absence of a Team Medical Officer, the Team Leader (acting reasonably), if a Team Member is unable, for any reason, to provide that authorisation themselves. 4.10. The cost of the emergency medical or surgical treatment referred to in clause 4.9 and the cost of travel and other expenses associated with physical or mental illness and/or injury of Team Members in relation to Teams will be paid by British Swimming. 4.11. The Team Medical Officer or any other medical practitioner, sports scientist or therapist selected by British Swimming to join the Team (“Medical and Scientific Support Staff”) may subject to obtaining the prior written consent of the Team Member disclose to the Team Leader details of all: 4.11.1. pre-existing medical conditions; 4.11.2. physical and mental injuries and/or illnesses (including mental health illnesses); and 4.11.3. results of tests or examinations, and physiological/performance data for which they have consulted a medical practitioner, sports scientist or therapist in the 12 (twelve) months prior to their selection for the Team. 4.12. Any details disclosed by, for the avoidance of doubt, any Team Member pursuant to these provisions will be kept absolutely confidential by British Swimming. British Swimming shall comply with all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation (for so long as and to the extent that the law of the European Union has legal effect in the UK); (ii) the General Data Protection Regulation ((EU) 2016/679); and (iii) any other directly applicable European Union regulation relating to privacy.

Medical Considerations. 4.1. 3.1 This rule Rule does not apply in relation to testing for drugs, stimulants or other prohibited substances or of practices which matters are covered by British Swimming Anti-Doping RulesControl Rules and Protocols, the World Anti-Doping Code, and the UK Anti-Doping’s Sport National Anti-Doping Policy. 4.2. 3.2 Team Members must conduct themselves in such a reasonable manner so as to obtain and maintain their best possible physical and mental fitness and health. 4.3. 3.3 Team Members must disclose as soon as reasonably possible to the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team any physical or mental illness and/or injury that may affect their performance or participation in the activities of the Team. 4.4. 3.4 The Team Medical Officer or the Team Leader, acting reasonably if a Team Medical Officer has not been appointed for the Team Manager may request a Team Member to undergo a medical examination/consultation for the purpose of determining the Team Member’s physical and mental fitness and health. 4.5. 3.5 To assist with any consultation or examination the Team Member must authorise their medical practitioner his or her Medical Practitioner to disclose to the Team Medical Officer or the Team Leader if a Team Medical Officer has not been appointed for the Team the details of all:all:- 4.5.1. pre3.5.1 Pre-existing medical conditions (and which the Team Member’s medical practitioner Medical Practitioner considers relevant to the Team Member’s physical and mental fitness and health to perform optimally in training and competition); and 4.5.2. physical or mental injuries 3.5.2 Injuries and/or illnesses (and which the Team Member’s medical practitioner Medical Practitioner considers relevant to the Team Member’s physical or mental fitness to perform optimally in training and competition); and the Team Member hereby waives the obligation of confidentiality owed to them him or her by the said medical practitioner Medical Practitioner for the purpose of compliance with this sub- sub-clause and the other provisions of this clause 4 of this Schedule 3 provided always that, if the Team Member has authorised their medical practitioner his/her Medical Practitioner to disclose to the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team the details set out in clauses 4.5.1 3.5.1 and 4.5.2 of this Schedule 3.5.2 above and such medical practitioner Medical Practitioner refuses and/or withholds disclosure of the same, the Team Member shall not be held to be in breach of this clause 4.5 of this Schedule3.5. 4.6. 3.6 It shall be the personal responsibility of any Team Member having a pre-existing medical condition (in particular a known food allergy) that may affect effect their participation participating in Teams Team events and activities to advise the Team Medical Officer (where appointed) or the Team Leader if a Team Medical Officer has not been appointed for the Team Manager and further the Team Member shall ensure that they he or she shall have in their possession any medication or equipment required to treat their medical condition or allergy in the event of a medical emergency. 4.7. 3.7 In respect of any such consultation or examinations (conducted pursuant to clause 4.4 of this Schedule3.4 above) the medical practitioner Medical Practitioner at the written request of the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team stating the reasons for the request, may subject to first obtaining the written consent of the Team Member disclose to the Team Medical Officer or the Team Leader if a Team Medical Officer has not been appointed for the Team the details of any medical condition, treatment or progress of the Team Member. 4.8. 3.8 A Team Member must return to their his or her place of residence if so directed by the Team Medical Officer or Team Leader if a Team Medical Officer has not been appointed for the Team because in the professional opinion of the Team Medical Officer, or in the reasonable opinion of such Team Leader, the Team Member is unfit or unable to perform to the best of their ability through illness and/or injury. All reasonable travel and other expenses will be borne by British Swimming. 4.9. The 3.9 Unless the person with parental responsibility for a Team Member who is a minor shall when completing the British Swimming loco parentis form have reserved the right to authorise medical or surgical treatment the Team Medical Officer is authorised to authorise such emergency medical or surgical treatment as deemed necessary or, in the absence of a Team Medical Officer, the Team Leader (acting reasonably)necessary, if a Team Member is unable, for any reason, to provide that authorisation themselves. 4.10. The cost of the any such emergency medical or surgical treatment referred to in clause 4.9 and the cost of travel and other expenses associated with physical or mental illness and/or injury of Team Members in relation to Teams will be paid by British Swimming. 4.11. 3.10 The Team Medical Officer or any other medical practitionerMedical Practitioner, sports scientist or therapist selected by British Swimming to join the Team (“Medical and Scientific Support Staff”) may subject to obtaining the prior written consent of the Team Member disclose to the Team Leader Manager details of all: 4.11.1. pre3.10.1 Pre-existing medical conditions; 4.11.2. physical and mental injuries and/or illnesses (including mental health illnesses); and 4.11.3. results 3.10.2 Injuries and/or illnesses; and 3.10.3 Results of tests or examinations, and physiological/performance data for which they have consulted a medical practitionerMedical Practitioner, sports scientist or therapist in the 12 (twelve) twelve months prior to their selection for the Team. 4.12. 3.11 Any details disclosed by, for the avoidance of doubt, any Team Member pursuant to these provisions will be kept absolutely confidential by British Swimming. British Swimming shall comply with agrees that all legislation Medical and regulatory requirements in force from time to time relating Scientific Support Staff appointed to the use Team agree to be subject to and bound by the British Olympic Association’s Professional Code of personal data Conduct of Medical and the privacy of electronic communications, including without limitation Scientific Support Staff (istatement January 2000) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation (for so long as and to the extent that the law of the European Union has legal effect in the UK); (ii) the General Data Protection Regulation ((EU) 2016/679); and (iii) any other directly applicable European Union regulation relating to privacyequivalent national standards.