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Grad Trip 2010 Terms and Conditions Participant Agreement

XTREME XPERIENCE PRODUCTIONS, INC. DBA XTREME TRIPS HS TERMS AND CONDITIONS PARTICIPANT AGREEMENT FOR GRAD TRIP 2010 Participating in Grad Trip ‘10 (hereinafter referred to as GT’10) through Xtreme Xperience Productions, Inc. dba Xtreme Trips (hereinafter referred to as XTREME) located at 1400 E. Oakland Park Blvd, Suite 210, Fort Lauderdale, FL 33334, is governed by the following terms and conditions participant agreement below. If under Eighteen (18) years of age, the parent(s)/guardian(s) of the trip participant are hereby agreeing and consenting to these terms and conditions.

The trip participant (hereinafter referred to as a traveler, passenger, or trip participant) is agreeing that they have read, accept, and agree with the terms and conditions below and all information contained in the trip brochure, registration form, and all information pertaining to this trip at www.XtremeTripsHS.com. Please make a copy of your completed and signed registration form and these terms and conditions for your records. Xtreme Trips HS is not responsible for forged parent/guardian or trip participant signatures on trip applications or consent forms.

THIS IS NOT A SCHOOL TRIP: GT’10 is not a school or district trip, field trip, or senior trip. Xtreme Xperience Productions, Inc. dba Xtreme Trips HS is registered with the State of Florida as a Seller of Travel Registration Number ST35430. XTREME is a fully licensed and insured travel agency in the state of Florida that specializes in student tour packages since 2002.

WHAT IS INCLUDED IN THE BASE PRICE OF GT’10? Please refer to the exact inclusions listed on www.XtremeTripsHS.com for your specific trip. The prices are set as of August 1, 2009.

PAYMENT DEADLINES AND INFO: In order to register for GT’10, XTREME must receive your completed registration form and payment of at least a non-refundable deposit of $50 for Panama City Beach, $100 for Bahamas Cruise & Stay, and $150 for Punta Cana, Dominican Republic and Nassau, Bahamas. Your next payment is due the last day of each month in the amount of no less than your initial deposit amount. All Summer Grad Trip payments made after January 15th, 2010 must be in the amount of double the initial deposit required. FINAL BALANCE PAYMENTS for June and July Grad Trips are due no later than April 15th, 2010. FINAL BALANCE PAYMENTS for March and April Spring Break Grad Trips are due no later than January 5th, 2010.

ANY Final Payments received after the final balance due dates above will be subject to a $25 late fee added to the balance. There will be a $25 charge for all returned checks, which will be added to balances owed to XTREME. XTREME reserves the right to obtain these fees and payments. You will not be able to travel with XTREME unless your balance is $0. If you are not paid in full by your final balance due date, you may be subject to cancellation from the trip. A $25 reinstatement fee per person is applied if cancelled after your final balance due date.

Checks and Money Orders must be made payable to XTREME TRIPS HS. Credit card payments can be made online @ www.XtremeTripsHS.com. Do not turn in payments to school administration or anyone on school property since this is not a school trip. Any payment made to unofficial trip organizers or school administrations will be done at your own risk and responsibility. Trip organizers/promoters are only available to collect deposits. Final balance payments must be made by mail with a check/money order or online with a credit card.

TRAVELER’S INSURANCE: Optional Traveler’s Insurance is automatically added to your trip package upon booking your Xtreme Trip. The traveler’s insurance policy is available on the frontpage of our website. You may decline/remove the Traveler’s Insurance by emailing or mailing Xtreme Trips your request to decline/remove Traveler’s Insurance prior to your trip’s final balance due date or trip invoice listed on your online account with Xtreme Trips.

PASSPORTS AND TRAVEL DOCUMENTS REQUIRED TO TRAVEL OUTSIDE THE U.S.: As of June 1st, 2009, all US residents are required to have a passport to travel internationally outside of the US. Possession of a valid US Passport is the sole responsibility of the passenger. Foreign nationals must consult their local consulates for documentation requirements. Citizenship documentation requirements are subject to change without notice. Failure to provide the air carrier, cruise line, or government officials with the proper documents may lead to denial of boarding, in which case Xtreme will issue no refunds, nor provide alternate transportation.

ROOMMATE REQUIREMENTS: Pricing is based on a maximum occupancy per room. $50 is added per person for each occupancy level below max occupancy. Final rooming lists will be completed approximately 45 days prior to each trip date. XTREME does not assume responsibility for the additional costs if you do not have enough roommates to fill the room occupancy you selected.

CANCELLATION, REFUND, AND SUBSTITUTION POLICIES: If you cancel your trip reservation, your right to refund is limited as explained below. All payments are non-refundable due to the fact that XTREME must make financial commitments with your funds for hotel, transfers, company operations, flight, and/or cruise reservations long before your GT’10 trip begins.

Xtreme will provide a refund less $350 if Xtreme receives a request for cancellation in a written letter mailed by Certified Mail received no later than March 31st, 2010. Mail all requests for cancellation via Certified Mail to: Trip Cancellations, Xtreme Trips HS, 1400 E. Oakland Park Blvd, Suite 209, Fort Lauderdale, FL 33334. All cancellations must be in writing and no refunds will be issued from verbal or email cancellations.

If you can no longer go on your trip, you can find someone to substitute your reservation at no charge up to 90 days prior to trip departure. Name changes are not allowed within 90 days prior to your trip date unless Xtreme expresses otherwise and is subject to a $50 name change fee. If you cancel your reservation and wish to reinstate your spot, there will be a $25 reinstatement fee if space is available at the time of reinstatement.

BAGGAGE/LOST OR DELAYED: For international flights, air carrier liability for lost baggage is limited to $400 total per passenger. For delayed baggage, air carrier liability is $25 per person per day, after bags have been delayed for a minimum of 24 hours. Xtreme assumes no liability for lost or delayed baggage and strongly recommends purchasing Grad Trip Travel Insurance.

HOTEL DAMAGE DEPOSIT: A $100 per person refundable hotel damage deposit is required upon hotel check-in. This damage deposit is paid directly to the hotels by credit card or cash. This is not included in the package price of this trip. Each traveler must be prepared to provide this damage deposit upon check-in. If there is no damage, the deposit is refunded directly from the hotel. If you should have a problem with your hotel room during GT’10, you must seek remedy from the hotel and not XTREME. XTREME will not be liable in any way for any damages or destruction to the hotel room by you or any other traveler and XTREME is not responsible for your damage deposit.

REQUIREMENTS FOR TRAVELERS UNDER 18 YEARS OF AGE AT THE DATE OF TRAVEL: All travelers under Eighteen (18) years of age at the date of travel are REQUIRED to fill out a “Notarized Parental Consent Form”, which must be signed by BOTH parents or legal guardians for travel outside the United States. If the letter has only one of the parent’s signatures, the traveler must also provide a notarized copy of the deceased parent’s death certificate or a copy of divorce papers showing sole custody of the parent who signed the notarized parental consent form. A printable parental consent form for travel will be available for downloading and printing at www.XtremeTripsHS.com. All travelers are required to bring this notarized letter of consent form to the airport or port on the day of departure in order to be able to board. It is the sole responsibility of each traveler under the age of 18 to carry and provide this notarized consent form throughout their trip. There will be no refunds issued for passengers denied boarding for failing to provide this notarized written consent for travel documentation.

FLIGHT/CRUISE SCHEDULE DELAYS, CONNECTIONS, LAYOVERS, AND MAJOR CHANGES: Flight or cruise delays can happen for a number of reasons and are not the responsibility of XTREME. Flight or cruise delays, layovers, connections, missed connections, or missed accommodations and expenses incurred due to flight or cruise delays are beyond XTREME’s control and are the sole financial responsibility of the airline or cruise company and the traveler. If any “Major Changes” occur in departure date, destination, hotel substitution, or a large price increase, in accordance with the DOT, the traveler may be entitled to a partial or full refund depending on the changes and DOT regulations. UNUSED TOUR SERVICES: No refund will be issued for unused accommodations, flights, cruises, bus, transportation, or tour services.

MEAL PLAN (IF APPLICABLE): XTREME provides meal coupons for all meal plans. Coupons hold no cash value and may be subject to taxes and tip. No refunds will be made for loss, theft, and/or unused services. Trip Participant acknowledges that XTREME is not an agent of nor responsible for any acts, errors, failure to honor agreements or other omissions caused by individual restaurants/establishments associated with the meal plans. Meal menus, schedules, and participating restaurants and establishments are subject to change at any time.

FUEL PRICE AND GOVERNMENT TAX INCREASES: Due to the fluctuating price of fuel throughout the world, it is impossible for commercial airlines, charter airlines, cruise lines, or XTREME to predict exact price increases in oil and gas. XT does its best to reduce or eliminate any fuel surcharges due to fuel price increases. In the event that fuel prices do increase by a significant amount, XTREME may assess a minimal fuel surcharge per traveler no more than what is charged by the airline, bus or cruise line.

MERCHANT PRIVACY POLICY: All personal information provided to Xtreme will remain private and confidential and not resold to anyone without your express written permission. Xtreme uses your contact information to notify you about important trip updates, departure information, and Xtreme’s other great trips including college spring break and ski trips. If you wish to not be contacted for future mailers, calls, text blasts, or mass emails, please notify Xtreme via email at gradtrip@XtremeTrips.com.

DIGITAL PICTURES AND FILM: Xtreme retain’s the right to photograph and film trip participants during GT’10, which we may use for future brochures, advertisements, or place online for promotional use. If you wish to not be on trip flyers, our websites, or other advertisements, please email Xtreme at Gradtrip@xtremetrips.com or call 954-563-7112.

RULES, REGULATIONS, AND TRAVELER RESPONSIBILITY: XTREME and its suppliers reserve the right to enforce reasonable rules and standards of conduct to facilitate the trip for all trip participants’ safety and enjoyment. By agreeing to these terms and conditions, you understand and acknowledge that failure to comply with such rules and standards may result in the trip participant being removed from the entire GT’10 trip, including but not limited to the charter bus property, hotel property, airline, cruise ship, and/or any XTREME party or event at the trip participant’s sole expense, without subsequent refund. If evicted from the hotel, neither XTREME nor the hotel will be responsible for providing other hotel accommodations or refunds. Each trip participant is responsible for his/her own actions throughout the entire trip with XTREME. Each participant can choose to participate or not participate in any activities during the trip. The participant is solely responsible for any and all consequences due to illegal actions taken during this trip. This may also result in the removal from the entire GT’10 trip. In the event of such removal, trip participants shall no longer be considered a part of GT’10 or the Xtreme Trips HS group. By agreeing and acknowledging these terms and conditions, trip participant’s and their parent(s)/guardian(s), if applicable, do hereby release XTREME from any and all liability or additional costs arising out of, or in connection with, your removal from the trip.

RELEASE OF LIABILITY: According to these terms and conditions, you understand and agree that XTREME, their employees, affiliates, directors, management, student organizers, staff members, and assigns will not assume responsibility for any claims, losses, damages, costs or expenses arising out of injury, accident or death, inconvenience, loss of enjoyment, disappointments, distress or frustration, whether physical or mental, resulting from weather, acts of nature, acts of terrorism, acts of God, delays, cancellation of travel from weather conditions including hurricanes, hotel services, or other factors beyond the control of XTREME. As lawful consideration for this agreement you agree and covenant that neither you, your family, legal guardian, legal representatives, assigns, heirs, personal representatives, agents, and/or next of kin will not make any claim against XTREME, its owners, employees acting as staff or sue for bodily injury, emotional trauma, death, or property damage caused in any way as a result of your participation in the trip. You further hereby waive, release and/or discharge all rights you may have in this regard. XTREME is acting as a travel intermediary between you and suppliers which includes booking and reserving bus, hotel, cruise and airline tickets, and GT’10 event accommodations. XTREME is therefore not responsible for any breach of contracts with suppliers or any acts of negligence by suppliers which would result in any inconvenience, loss, damage, injury, or delay to you during GT’10. XTREME will not assume liability for any acts of negligence on behalf of their employees, affiliates, directors, management, student organizers, staff members, suppliers, ground operators, and assigns, arising from or out of any XTREME trip, function, or event. In addition, XTREME does not own or operate any person or entity that provides goods or services for your trip including hotel accommodations, charter buses, airlines, cruise ships, clubs, food services, or any other services and therefore, can not be held liable for any acts of negligence by these service providers and suppliers. Without limitation, XTREME is not responsible or liable for any loss, injury, theft, pilferage, or damage to your luggage, personal effects, or hotel rooms. XTREME travelers must seek any refunds or compensation directly from the suppliers of the services and not from XTREME. These services include, but shall not be limited to: Charter bus operators, hotels, airlines, cruise ships, clubs, or any other service providers or suppliers. XTREME does not provide, promote, endorse or condone the use of alcohol or drugs. XTREME is not responsible or liable in any way for the use of alcohol or drugs by anyone on an XTREME trip, function, or event, nor is XTREME in any way responsible for their actions. PROPERTY DAMAGE DISCLAIMER: Any damage caused by an XTREME traveler to any entity of our trips, including but not limited to: Charter Bus property, airline, cruise ship, hotel rooms and hotel property, vendor properties, or any properties visited during GT’10 will be the sole financial and legal responsibility of that traveler. This includes but is not limited to any fines, fees, legal actions or penalties, or any costs associated with the damages done by an XTREME traveler. XTREME will promptly remove any traveler(s) off GT’10 who decide to participate in the damage of any property. ARBITRATION OF DISPUTES: Should any dispute/controversy whatsoever arise concerning any aspect/element of the trip the parties agree that it shall be resolved by mandatory binding arbitration before the American Arbitration Association. The arbitration shall take place before a single arbitrator regardless of the participant's residence or where the facts giving rise to the controversy actually arise. Jurisdiction shall be fixed in Broward County, Florida, where the arbitration shall take place and shall be governed by the laws of Florida and applicable AAA Commercial Arbitration Rules, which are hereby realleged/restated/incorporated by reference as though set forth more fully herein; and, judgment upon the arbitration award shall be full and final and capable of confirmation by any court having jurisdiction over either the parties or the controversy.

ATTORNEY'S FEES/COSTS: Should legal action/arbitration be required to enforce any provision of the terms, the prevailing party to the action shall be entitled to an award of his/her/its reasonable attorney's fees/legal costs of suit.

INTERPRETATION OF TERMS: The terms as a whole shall all be construed as broadly and inclusively as permitted by law. Should any portion be ruled invalid/unenforceable, the ruling shall not otherwise affect or limit the enforceability of the remainder. Paragraph headings shall be for reference purposes only and shall not be construed to be part of the terms themselves, nor will they limit or define the meaning of any text stated thereafter. XTREME’s voluntary waiver of any of the provisions herein shall not constitute a waiver of any other provision.

INTERPRETATION OF TERMS AND CONDITIONS AGREEMENT: The complete terms and conditions participant agreement, available at www.XtremeTripsHS.com, are found as a whole shall all be construed as broadly and inclusively as permitted by law. Should any portion be ruled invalid/unenforceable, the ruling shall not otherwise affect or limit the enforceability of the remainder. Paragraph headings shall be for reference purposes only and shall not be construed to be part of the terms themselves, nor will they limit or define the meaning of any text stated thereafter. Xtreme’s voluntary waiver of any of the provisions herein shall not constitute a waiver of any other provision.



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