Last updated: May 1, 2025.
Between: Active New Zealand Limited Partnership trading as Active Adventures, referred to as “the Company”.
And: The traveler named in the booking confirmation “the Traveler”.
All references in this Participation Agreement to, “we”, “our” and/or “us” should be taken as referring to the Company.
All references in this Participation Agreement to, “I”, “you” and/or “my” should be taken as referring to the Traveler.
All Travelers must individually agree to the Participation Agreement (parents/guardians must agree on behalf of minors).
I have carefully read the terms and conditions stated in these pages. In consideration for the right to participate, I agree as follows:
Although the Company has made reasonable efforts to assure my safety while participating in the trip and activities offered, I understand that there are certain risks, dangers, and hazards that are inherent. These include, but are not limited to, physical and mental fatigue, slips, falls, and collisions, encounters with wild animals, varied terrain, altitude-related illness, changing weather conditions, acts or omissions of the public or other participants, accident, or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities, accidents occurring during travel associated with the trip, and exposure to infectious diseases. Encountering these risks, dangers, and hazards could result in physical injuries, death, or damage to personal property. I understand that it is impossible for the Company to list in this agreement every inherent risk, danger, or hazard associated with participating. I understand and appreciate, however, that I may encounter these, and other inherent risks, dangers, and hazards not specifically listed in this agreement at any time. I also understand that the trip may include free time. Any activities not included during such free time are undertaken solely at my own risk and therefore the Company, its guides or any other representatives are not liable or responsible for my actions.
I understand that due to the nature of the activities undertaken, for my safety during some of the itineraries (e.g. the African bush), the local guides may be armed (with weaponry) or carry other protective equipment (e.g. bear spray).
I accept and assume all the inherent risks, dangers, and hazards associated with participation, whether known or unknown, including those specifically identified above. I am voluntarily participating with the knowledge of the dangers involved. I therefore release and discharge the Company and its owners, employees, subcontracted activity and service providers, and business partners from liability for bodily injury, death, property damage or theft, and any of the consequences thereof, arising from my participation in the trip. I enter into this release of liability on behalf of myself, and those members of my party who are under 18. I certify that I am the parent or guardian of any such minors.
Provided that nothing in this Statement of Understanding and Assumption of Risks and Release and Indemnity Agreement shall be interpreted as me releasing Active Adventures or its subsidiaries from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Active Adventures or its subsidiaries’ negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Active Adventures judgments and decisions, or failure to take reasonable precautions to ensure it provides defect-free equipment.
I accept and assume responsibility for my own negligent or reckless conduct while participating. I understand that the Company accepts and assumes responsibility for its own negligent or reckless conduct. I also understand that the Company has advised me to purchase trip insurance. I acknowledge that the Company can cancel my trip at any time, and/or exclude me from any activity(s), at my expense if I do not adhere to the instructions of a guide or any other person engaged by the Company to conduct any aspect of the trip, or if I am behaving in a manner that could affect the health, safety or wellbeing of others on the trip, including the guides and/or trip leaders. I agree that it’s at the complete discretion of my guide(s) to cancel any activity at any moment if there are concerns for the health, safety and wellbeing of the group or any individual. I accept that there will be no refunds for activities, travel, or any itinerary items missed for this reason.
I have reviewed the trip itinerary/description and have sought and obtained any further clarification that may have been required to ascertain the physical and mental requirements for completing the trip and I confirm that I meet those requirements, and that I will notify the Company immediately if my situation should change either prior to or at any time during the trip. I also confirm that I have fully disclosed any applicable medical conditions that may affect my ability to safely take part in my trip, by completing the medical section in 'My Account’ in the Company online booking system. I also acknowledge that, at the complete discretion of the Company, the Company may cancel my trip at any time or exclude me from any activity if it becomes apparent to the Company, any of its guides, or any contractor responsible for providing any aspects of a trip or activity, at any time prior to or during the trip or activity, that I am likely to be unable to complete the trip or activity without undue risk to the health of myself or others. I accept that there will be no refunds for activities, travel, or any itinerary items missed for this reason.
The Company recommends that I consult with a physician before participating.
The Company may provide me with equipment for my use. The Company checks this equipment before each tour; however, I am responsible for checking the equipment upon receipt, that it is suitable for use, as well as alerting guides of any change in the condition of the equipment that may occur during my use. I understand that I am in exclusive control of any such equipment once the Company provides it to me. I acknowledge that I have read the gear list, I agree to adhere to the recommendations, and I will carry or wear what is suggested by the guides throughout the trip and during any activity.
I provide consent, should the need arise, for my guide to administer first aid to me and any minors traveling with me. I fully release, indemnify, and hold harmless the Company from any and all actions, and any and all claims, for damages whatsoever which may hereafter arise as a result of any first aid, treatment in response to a set of signs or symptoms and/or the administration of any medication in response to a medical, implied consent or emergency situation that involves myself or any minors traveling with me.
I agree to adhere to the Company’s health and safety measures. I also agree to disclose any pre-existing medical condition and/or physical or mental condition, disability, or injury.
The Company reserves the right to take photographs and/or videos of me during the trip. I agree the Company may use any such photographs and/or videos for business purposes without payment or other consideration.
The Company strives to maintain the trip as advertised. On occasion, conditions beyond the control of the Company may necessitate changes, modifications, or alterations to the itinerary; the substitution of accommodations; or the omission or substitution of specific advertised activities. I accept that the Company may make such decisions in its sole discretion and is not responsible or liable for any expenses or losses that may result from those decisions.
I agree to be at the trip departure point at the agreed departure time. If I miss the start of my trip, any costs for additional travel arrangements to join the trip will be my own.
I acknowledge that it is my responsibility to make sure that I have all necessary travel documents (e.g. passports, visas, vaccines, insurances, etc.) for my journey. The Company is not liable for any disruption to my travel or any associated costs incurred as a result of me failing to have the correct travel documents.
My payment of the required deposit and execution of this Participation Agreement constitutes consent to all the provisions of the booking conditions and any associated information provided prior to execution, including the itinerary and the provisions contained in this Participation Agreement. The Company provides no warranty, representation or terms and conditions regarding the trip other than those specifically stated in this agreement. I acknowledge that the Company is the tour operator and that I have no contract or agreement with any other person or Company.
In the unlikely event that I encounter any issues during my trip, I agree to raise them at the time with the Company’s guides or staff. The Company will endeavor to find a suitable solution as quickly as possible.
This Agreement shall be governed, construed and enforced in all respects in accordance with the laws of New Zealand.
The Company acknowledges the privacy and data protection obligations it owes to its guests under the EU General Data Protection Regulation (“GDPR”), effective May 25, 2018. These updated obligations are expressed in the Company’s Privacy Policy (see https://activeadventures.com/privacy-policy/).
ACTIVE ADVENTURES, ACTIVE NEW ZEALAND, and the ACTIVE ADVENTURES and ACTIVE NEW ZEALAND logos are trademarks of Active New Zealand Limited Partnership.
All rights reserved.