FORMS

Privacy Policy for SwimScape Adventure Tours

Effective Date: August 20, 2023

1. Introduction

Welcome to SwimScape Adventure Tours ("SwimScape," "we," "our," or "us").

At SwimScape, we are committed to protecting your privacy and ensuring the
security of your personal information. This Privacy Policy outlines how we
collect, use, disclose, and safeguard your information when you visit our
website, use our services, or interact with us in any way.

By using our website or participating in our tours, you consent to the practices
described in this Privacy Policy. If you do not agree with the terms and
practices outlined here, please do not use our services or provide us with your
personal information.

2. Information We Collect

2.1. Information You Provide to Us

We may collect various types of personal information that you provide to us
when using our services, including but not limited to:

2.2. Information We Collect Automatically

We may also collect certain information automatically when you visit our
website or use our services, such as:

3. How We Use Your Information

We may use your personal information for the following purposes:

4. How We Share Your Information

We do not sell your personal information to third parties. However, we may
share your information with the following entities for the purposes described
in this Privacy Policy:

• Business Transfers: In the event of a merger, acquisition, or sale of all or
part of our assets, your information may be transferred to the acquiring
entity.

5. Your Choices

You have certain rights regarding your personal information, including the
right to access, correct, or delete your data. You may also have the right to opt
out of marketing communications. To exercise these rights or make any
inquiries regarding your personal information, please contact us using the

contact information provided below.

6. Security


We take reasonable measures to protect your personal information from
unauthorized access, disclosure, alteration, or destruction. However, no data
transmission over the internet or storage system is completely secure. Please
exercise caution when sharing information online.

7. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our
practices or for other operational, legal, or regulatory reasons. We will post the
updated Privacy Policy on our website with the effective date of the changes.

8. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy
or your personal information, please contact us at: duncan@swimscape.co.nz
or +6421807517.

Thank you for choosing SwimScape Adventure Tours.

We value your trust and are committed to protecting your privacy and
providing you with exceptional experiences.

Terms and Conditions

These terms and conditions (the "Terms") govern all bookings made with SwimScape
(referred to as "SwimScape," "we," "our," or "us"). By booking a swim adventure or tour
with SwimScape, you ("you" or "the participant") agree to abide by these terms. Please read
these terms carefully before making a booking.

1. Booking and Payment

1.1. Reservation: To secure your place on a SwimScape adventure, you must make a

reservation through our website or by contacting our customer support team.

1.2. Payment: Full payment for the adventure is required at the time of booking unless
otherwise specified. We accept payment via the methods specified on our website.

1.3. Change of Mind: If you cancel your booking due to a change of mind, a 20%
cancellation fee will be applied, and the remaining amount will be refunded to you.

2. Cancellations and Refunds

2.1. Event Cancellation: SwimScape reserves the right to cancel or reschedule an event
due to unforeseen circumstances, including but not limited to adverse weather conditions.
In such cases, SwimScape will not provide a refund but will offer you a place on a future
adventure of your choice, subject to availability.

2.2. Participant Cancellation: If you need to cancel your booking, you must notify
SwimScape in writing. Cancellation fees may apply as outlined in section 1.3 above.

3. Flights and Transportation

3.1. Flights: All flights to and from event locations are excluded from the ticket price and
are the responsibility of the participant. SwimScape does not provide or arrange flight
bookings.

3.2. Transportation: Transportation to and from swim locations are excluded from the
ticket price and are the responsibility of the participant unless otherwise specified.

4. Accommodation and Meals

4.1. Accommodation: Accommodation during the adventure is included in the ticket price
and will be provided as specified in the event description on our website.

4.2. Meals: Meals as described in the event itinerary are covered by SwimScape. Any
additional food or dietary preferences are the responsibility of the participant.

5. Alcohol and Other Expenses

5.1. Alcohol: While SwimScape may provide meals, any alcoholic beverages consumed
during the adventure will be at the participant's own expense and must be purchased
separately.

5.2. Additional Expenses: Any expenses incurred by participants for personal items,
activities, or services not explicitly included in the adventure package are the responsibility
of the participant.

6. Insurance

6.1. Travel Insurance: SwimScape strongly recommends that participants obtain
comprehensive travel insurance that covers cancellation, medical emergencies, and other
unforeseen circumstances. SwimScape is not responsible for any costs or losses incurred
due to events beyond our control.

7. Health and Fitness

7.1. Health and Fitness: Participants are responsible for ensuring they are in good health
and have the required fitness level to participate in the swim adventures. SwimScape
reserves the right to refuse participation to individuals who, in our opinion, are not
physically capable of safely participating.

8. Liability

8.1. Liability Release: Participants understand and accept the inherent risks associated
with open water swimming and will be required to sign a liability release form before the
adventure.

9. Changes to Itinerary

9.1. Itinerary Changes: SwimScape reserves the right to make changes to the adventure
itinerary due to unforeseen circumstances or safety concerns. We will do our best to
provide a comparable experience.

10. Privacy

10.1. Privacy Policy: SwimScape collects and stores personal information as outlined in our
Privacy Policy. By booking with us, you consent to the use of your personal information in
accordance with this policy.

11. Governing Law

11.1. Governing Law: These Terms and any disputes arising from or relating to them are

governed by the laws of New Zealand.

By booking with SwimScape. you acknowledge that you have read, understood, and agree
to these Terms and Conditions. If you have any questions or concerns, please contact us
before making your booking. SwimScape reserves the right to update or modify these
Terms and Conditions at any time, and any changes will be effective upon posting on our
website.

SwimScape Indemnity Form

Acknowledgment and Assumption of Risks: I, the undersigned participant or legal guardian of
the participant (if under 18 years of age), hereby acknowledge and understand the inherent risks
associated with swimming adventure activities organized by SwimScape in New Zealand or
overseas. I am aware that these activities may include but are not limited to open-water swimming
and other water-based activities. I understand that these activities carry certain risks, including the

risk of injury or death due to changing weather conditions, water currents, marine life, equipment
failure, and other unforeseen circumstances.

Release and Indemnity: In consideration of being permitted to participate in SwimScape
swimming adventure holidays, I hereby release and discharge SwimScape, its owners, directors,
officers, employees, contractors, guides, and agents from any and all liability, claims, demands,
actions, causes of action, costs, and expenses arising out of or related to my participation in these
activities. This release and indemnity apply to any injury, illness, loss, damage, or death that may
occur during or as a result of my participation, regardless of whether such injury, illness, loss,
damage, or death is caused by negligence or otherwise.

Assumption of Responsibility: I acknowledge that I am responsible for my own safety and well-
being during the swimming adventure activities. I agree to follow all instructions provided by
SwimScape staff and guides and to use any provided equipment in a safe and appropriate

manner. I understand that failure to adhere to safety instructions or reckless behaviour on my part
may result in immediate termination of my participation in the activities without any entitlement to a
refund.

Media Consent: I grant SwimScape the right to use any photographs, videos, or other media
taken during the activities for promotional and marketing purposes without any compensation to
me.

Agreement: I have read and understood this indemnity form in its entirety. I am aware of the risks
and hazards associated with swimming adventure activities, and I voluntarily choose to participate
while assuming all risks. I agree that this indemnity form shall be binding upon me, my heirs,
executors, administrators, and legal representatives.