Thank you for choosing My XO Adventures! We understand that you have many tour companies to choose from, and we appreciate you choosing us.
This form contains information regarding your reservation. It is very important that you read this thoroughly.
Should you require assistance, please get in touch with us at firstname.lastname@example.org and include your name, contact info, and a good time to call.
Hours of Operation
Monday through Friday: 8 AM-6 PM (MST)
Be sure to visit our website at www.myxoadventures.com
My XO Adventures
1004 Columbus Street
Rapid City, South Dakota 57701
THIS SIGNED CONTRACT MUST BE COMPLETED BEFORE A FINAL CONFIRMATION.
RESOLUTION OF DISPUTES: If legal action or arbitration is commenced for the breach, interpretation, or enforcement of this Agreement, the prevailing party shall be entitled to recover all costs, including attorney’s fees, whether the same be for negotiation, trial, or appellate work, incurred by the prevailing party as a result of such breach.
Customer agrees to indemnify and hold My XO Adventures and its employees harmless from any loss, damage, or expense associated with the services provided to Customer by My XO Adventures under the terms of this Agreement. This indemnity and hold harmless shall include but are not limited to, the payment of all Attorney’s fees and costs whether for negotiation, trial, or appellate proceedings, operational costs, staff incurred expenses, and/or any additional costs whether this action is initiated by the client or by My XO Adventures. This indemnity and hold harmless shall survive the termination of this agreement.
All claims, disputes, and other matters in question arising out of, or relating to, this contract or breach thereof, except for claims based upon nonpayment by Customer, shall be decided by Arbitration in Rapid City, South Dakota, in accordance with the Rules of the American Arbitration Association unless the parties mutually agree or this agreement provides otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Notice of the demand for arbitration shall be filed in writing with the other party to the contract and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or another matter in question has arisen, and in no event shall it be made after the date when the institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Upon initiation of arbitration proceedings, no discovery shall be conducted unless otherwise agreed to by the parties. The customer agrees no complaint will be filed in Pennington County, South Dakota, to the exclusion of any other county, state, territory, or country. Arbitration applies to all circumstances, whether you have traveled or not.
In addition, by booking any travel or tours, you fully understand whether you travel, tour or not; you agree you will not file, participate in, or be a party to any class action lawsuit against My XO Adventures or any of their subsidiaries.
You further agree that you will not file any complaints through any Better Business Bureau. Should you file a complaint through any Better Business Bureau, this action will void any potential claim and/or any compensation reimbursements that may have previously been decided. In addition, you fully understand and agree that the defense of any complaint filed with the Better Business Bureau will result in the defense of the contract with all costs being the responsibility of the client as outlined above.
This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and assigns.'
This agreement shall be construed and enforced in accordance with the laws of the State of South Dakota.
SEVERABILITY: Any provision of this agreement that is determined in any jurisdiction to be unenforceable for any reason shall be deemed severed from this agreement in that jurisdiction only and all remaining provisions shall remain in full force and effect.
PHOTOGRAPHY & VIDEO RELEASE FORM: I hereby grant permission to My XO Adventures the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published, or distributed, and I waive the right to inspect or approve the finished product where my likeness appears. Also, I waive any right to royalties or other compensation that arises or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio, or video recordings may be used for ANY USE including, but is not limited to:
- Online/Internet Videos;
- Printed/Digital Media;
- News (Press);
By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in a public educational setting.
I will be consulted about the use of the photographs or video recordings for any purpose other than those listed above.
There is no time limit on the validity of this release, nor is there any geographic limitation on where these materials may be distributed.
This release applies to photographic, audio, or video recordings collected as part of the sessions listed on this document only.
By signing this release, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.
If this release is obtained from a presenter under the age of 19, then the signature of that presenter’s parent or legal guardian is also required.
COVID-19 TRAVEL WAIVER
As the worldwide COVID-19 coronavirus pandemic remains ongoing at this time, I acknowledge that for this reason and other reasons not reasonably foreseeable at this time, these travel plans may be interrupted or canceled by the supplier that is providing them, a government entity, or another third party over which My XO Adventures has no control. I further acknowledge that the supplier's own cancellation, re-booking, and refund policies, subject to any applicable law that is now or may later be in effect, will govern my rights and remedies, including my right to receive a refund, in such an event. Moreover, I understand that should I elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances. By signing below, I hereby agree to hold My XO Adventures harmless and release the agency from any and all liability for any damages, including but not limited to monetary losses, I may incur as a result of such interruption or cancellation of these travel plans.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while traveling. Such exposure or infection may result in personal injury, illness, permanent disability, and possible death. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with My XO Adventures.
As travel opens around the world, all destinations, airports, air carriers, hotels, restaurants, transfer companies, car rental companies, shops, and excursions have established COVID-19 safety measures and precautions that may change from day to day. These safety measures may include, but are not limited to: curfews, attraction closings and reduced hours, size of group gatherings, social distancing requirements, health screenings, self-quarantine requirements, and COVID test results. By signing this agreement, I accept ultimate responsibility for myself and my traveling party to have all the necessary provisions for travel (such as COVID test results, pre-travel questionnaires, etc.) Moreover, I understand that I should assume responsibility for the necessary documents (such as COVID test results, pre-travel questionnaires, etc.) considering COVID-19, in order to travel to my specific destination.
You further agree that you have been presented online or otherwise, with a recommendation to purchase travel insurance. This option has been made available to you, and it is your choice to deny coverage protecting you in case of injury or accident. You agree to hold My XO Adventures harmless in case of a trip, fall, or accident of any kind resulting in injury to you and your group.
Safety & Security: Everyone has the right to feel safe when they travel. My XO Adventures does not tolerate any form of harassment or violence (verbal or physical), sexual harassment, or disruptive behavior of ANY kind. Sexual relationships between a tour leader and a guest are strictly forbidden.
Use or possession of illegal drugs will NOT be tolerated on any My XO Adventure trip. No alcohol is permitted in any My XO Adventure vehicles. If you choose to consume alcohol while on tour, we encourage responsible drinking, and expect that you abide by local laws regarding alcohol consumption. My XO Adventures reserves the right to remove any guest violating the above.
The sex tourism industry is known to exploit vulnerable people and have negative consequences on communities, including undermining the development of sustainable tourism. For this reason, patronizing sex workers will not be tolerated on our trips.
By traveling with us you are agreeing to adhere to these rules. My XO Adventures and/or Group Leader reserves the right to remove any member of the group from the tour – which may include but is not limited to: Accommodations / Tours / Transfers, or any other component not listed - for breaking any of these rules, with no right of refund.
If you feel that someone is behaving inappropriately while traveling with us, please inform your tour leader or local guide immediately. Alternatively, contact us on the number detailed on this form.
Today's Date: March 26, 2023