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Operating tours is an exciting business concept. However, there are some risks involved.
And this is why it’s always important to think ahead—what legals do you need to hit the ground running in 2025?
Generally, the first step is to have a contract with your customers.
We call this Tour Terms and Conditions, which can be tailored to the evolving legal landscape and consumer expectations of today’s market.
Why Do I Need Terms & Conditions For My Tour Business?
Just like any business, you need terms and conditions—these form a binding contract between your customers and your business. In 2025, as consumer law becomes even more robust, having clearly outlined T&Cs is essential for managing risks and clarifying expectations.
If you have a lawyer draft them for you, you’ll secure a legally binding agreement that exhaustively protects your interests. Our colleagues also recommend checking out our Legal Documents for Business guide to ensure all your bases are covered.
Typically, your T&Cs will cover:
- Payment: How payments are processed and any related invoicing or deposit requirements;
- Cancellation: The conditions under which a customer can cancel, including any notice periods or fees;
- Liability limitations: The extent of your business’s responsibility should any issues arise during the tour.
But for a tour business, there are additional risks and unique scenarios to consider. In your T&Cs, be sure to address:
- Contingencies if someone gets lost or injured during a tour;
- Clear definitions of what services you provide and what you won’t be responsible for;
- Guidelines for the use and potential damage or loss of any provided equipment;
- An outline of your accountability for any incidents that occur during the tour.
Updating your contracts annually to reflect current legislation is a good practice; for instance, you might want to compare your agreements with insights from our contract review services to ensure compliance with the latest consumer protection regulations.
Do I Need A Waiver?
In any business that exposes its customers to high-risk recreational activity, it’s always a sensible precaution to have a waiver in place.
Although it isn’t a strict legal requirement in New Zealand, a waiver offers extra protection by clarifying that your customers participate in tours at their own risk. In 2025, as risk management standards evolve, waivers are increasingly acknowledged by courts as an effective defence in case of claims.
Because your business involves activities that could lead to injuries or other unexpected incidents, incorporating a waiver helps diminish the likelihood of costly litigation.
What About A Privacy Policy? Do I Need One Of Those, Too?
As with any modern business, you’ll require a Privacy Policy if you’re operating a tour business. This policy outlines how you collect, use, and store your customers’ personal information, keeping you compliant with the updated provisions of the New Zealand Privacy Act 2020 as interpreted in 2025.
Depending on the type of information you collect, your Privacy Policy may need to be particularly specific. For example, if you collect any sensitive health information to personalise or ensure the safety of tours, your policy should comprehensively cover how this data is managed and safeguarded.
At Sprintlaw, we ensure that your Privacy Policy not only meets the current legal standards but adapts to technological advancements, as discussed in our Legal Essentials for Online Businesses guide.
It is also beneficial to review your Privacy Policy regularly; changes in digital data handling practices and new legal interpretations in 2025 might necessitate updates to keep your customers’ information secure.
Additionally, if you operate any online platforms to manage bookings or customer feedback, consider linking your Privacy Policy with your website’s Terms and Conditions for a seamless legal framework that governs both offline and online interactions.
Furthermore, staying informed on data protection topics through resources such as our Digital Marketing Legal Tips ensures your business remains ahead of compliance requirements.
Additional Considerations for 2025
Beyond the basic documents, it’s a wise idea to consider how emerging trends in consumer rights and digital engagement might affect your tour business. For instance, if you use social media to promote your tours, ensure that your terms cover issues like online reviews and advertising disclosures. You might also want to explore our Digital Marketing services for tailored advice.
Need Help?
If you need help understanding your contracts or navigating the evolving legal landscape of setting up a tour business in New Zealand, we’re here to help!
You can reach us on 0800 002 184 or at [email protected] for a free, no-obligation chat about your specific situation. You might also find our Legal Guide to Starting a Small Business very insightful if you are just getting started.
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