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?

Generally, the first step is to have a contract with your customers.

We call this Tour Terms and Conditions.

Why Do I Need Terms & Conditions For My Tour Business?

Just like any business, you need terms and conditions—these form the contract between your customers and your business.

And, if you have a lawyer draft them for you, you’ll have a legally binding agreement that protects you as much as possible.

Typically, your T&Cs will cover:

  • Payment: How does it work?
  • Cancellation: What if someone wants to cancel?
  • Liability limitations: To what extent is your business responsible for your customers?

But, in a tour business, there are extra risks involved, and additional considerations you’ll need to make. Some things you’ll need to think about, and factor into your T&Cs, are:

  • What if someone gets lost while on a tour? 
  • What services do you provide? What won’t you do for your customers? 
  • Do you give customers any equipment? What happens if this equipment is damaged or lost?
  • Are you accountable for what happens to customers during the tour?

This is where an experienced lawyer can help. They can walk you through the common risks for your business and how you can manage them with a contract.

Do I Need A Waiver?

In any business that exposes its customers to high-risk recreational activity, it’s always a good idea to have a waiver in place.

While it’s not legally required, having a waiver is a good way to provide yourself with extra protection.

As you’re running a business that opens itself up to risks of injuries or harm, a waiver reduces the risk of these situations being used against your business in the long run.

What About A Privacy Policy? Do I Need One Of Those, Too?

As with any business, you’ll also need a Privacy Policy if you’re operating a tour business. 

And, depending on what kind of information you collect, you might need quite a specific Privacy Policy.

For example, if you collect any health or sensitive information for the purposes of your tour, you need to have a very specific Privacy Policy that deals with the use, collection and storage of sensitive information. 

At Sprintlaw, we’ll make sure your Privacy Policy complies with the Australian Privacy Principles and protects the unique operations of your business. 

Need Help?

If you need help understanding your contracts, or just navigating the legal landscape of setting up a tour business, we’re here to help!

You can reach us on 1800 730 617 or at team@sprintlaw.com.au for a free, no-obligations chat about your specific situation.

About Sprintlaw

Sprintlaw's expert lawyers make legal services affordable and accessible for business owners. We're Australia's fastest growing law firm and operate entirely online.

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