The My XO Adventures privacy policy is at https://myxoadventures.com/privacy-policy-of-my-xo-adventures/

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My XO Adventures Required Waiver to Confirm Your Booking


Review Privacy Policy

My XO Adventures Guest Agreement and Release of Liability

Thank you for choosing My XO Adventures. Every guest signs this agreement before their tour, and a parent or guardian signs for each guest under 18. It's a legal agreement, so please read it before you sign. In it you accept the risks of the tour, you give up the right to sue us and the government agencies that manage the land we visit over injuries caused by ordinary negligence, which means a careless mistake, and you agree to our booking terms. It takes about five minutes.

If you have a question, email info@myxoadventures.com or call 605-252-9100, any day from 8 AM to 6 PM Mountain Time. My XO Adventures LLC, 2719 Tomahawk Dr, Rapid City, South Dakota 57702, www.myxoadventures.com.

In this agreement, "I" and "me" mean the person signing it, and in the booking terms "you" means the same person. "My XO Adventures", "we" and "us" mean My XO Adventures LLC and its owners, employees, guides, contractors and agents. "The tour" means every tour, ride, stop, walk and activity I take part in with My XO Adventures, on any date, from pickup to drop-off.

1. The risks of the tour

Our tours travel by vehicle through the Black Hills, the Badlands, Devils Tower and the places between, with walks at stops along the way. Like any trip outdoors, they carry risks that care and good guiding can reduce but can't remove. They include:

  • riding in a vehicle on highways, mountain roads and gravel and dirt roads, including vehicle accidents, sudden stops and breakdowns;
  • getting into and out of the vehicle;
  • walking on uneven, steep, rocky, slippery or crumbling ground, on trails, at overlooks and near drop-offs, and falling rock;
  • wild animals, including bison and other large animals, rattlesnakes and insects;
  • weather, including heat, cold, sun, wind, rain, hail, snow, ice, lightning and wildfire smoke;
  • darkness on sunset and night tours;
  • high elevation, dust, plants and allergies;
  • remote places with no cell service, where help and medical care can be far away; and
  • the actions of other drivers, other visitors and the people in my group.

These risks can cause serious injury, illness, death, and loss of or damage to property. I choose to take part, and I accept these risks, including risks this list doesn't name.

2. What I'll do

I'm in good enough health to take part, and I'll tell my guide before the tour starts about any medical condition, medicine or allergy that could matter. I'll follow my guide's instructions, including where to walk and how far to stay from wildlife, and I'll follow the rules of each park, forest and public place we visit. I'll wear my seatbelt whenever the vehicle is moving. I understand my guide may change the route, skip a stop or end a walk early because of safety, weather or road conditions. If I'm hurt or ill and can't decide for myself, I allow My XO Adventures to arrange first aid, emergency medical care and transport for me, and I'll pay for that care.

3. I release My XO Adventures

In return for being allowed to take part in the tour, I agree to this section.

I RELEASE AND GIVE UP ALL CLAIMS I HAVE OR MAY HAVE AGAINST MY XO ADVENTURES FOR INJURY, ILLNESS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY THAT ARISES OUT OF OR RELATES TO THE TOUR, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF MY XO ADVENTURES OR ITS GUIDES AND CLAIMS ARISING FROM A VEHICLE ACCIDENT. This release covers every risk of the tour, and not only the risks listed in section 1.

This release doesn't cover a claim caused by gross negligence, recklessness, willful or wanton misconduct or fraud, or any other claim the law doesn't let a person give up in advance.

I won't sue My XO Adventures over a claim this agreement releases, including a claim based on the ordinary negligence of My XO Adventures or its guides. If I do, or if anyone brings such a claim because of my injury or death, such as my family or my estate, I'll pay My XO Adventures' reasonable attorney's fees and costs of defending it.

4. I release the United States and the State of South Dakota

Our tours visit land the United States manages, including Badlands National Park, Devils Tower National Monument and the other parks of the National Park Service, and the Black Hills National Forest of the USDA Forest Service. Some tours visit land the State of South Dakota manages, including Custer State Park and the other parks of the South Dakota Department of Game, Fish and Parks. The National Park Service requires the next sentence word for word, and in it "this activity" means the tour.

The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.

That release covers every agency of the United States, including the National Park Service and the USDA Forest Service. To the fullest extent the law allows, I also release the State of South Dakota, including its Department of Game, Fish and Parks, and its officers and employees from any liability for injuries, damages, or losses I sustain as a result of or in connection with my participation in the tour. I won't sue the United States or the State of South Dakota over a claim this section releases.

5. Children

If I sign for a child under 18, I'm the child's parent or legal guardian, and I agree to this whole agreement for the child and for myself, including the releases in sections 3 and 4 and the emergency care in section 2. I'll make sure the child follows the guide's instructions and stays seated with a seatbelt fastened whenever the vehicle is moving. If anyone brings a claim for the child's injury, illness or death that arises from the tour, other than a claim this agreement can't release under section 3, I'll pay My XO Adventures' reasonable attorney's fees and costs of defending it.

By initialing here, I confirm I've read sections 1 to 5 and agree to them.


6. Booking terms

These terms cover the booking and its payment.

Your tour is private and customized. Once you confirm it, we hold a guide and a vehicle for you, and we assign outings to our guides on a 60-day schedule, so a late cancellation costs our company and our guides. All tours operate rain or shine.

If you cancel. All cancellations and rescheduling requests must be made in writing to info@myxoadventures.com, with the subject "URGENT CANCELLATION | Tour Date | Reservation Number", and must include your full name, tour date and invoice number. If you cancel or leave a scheduled reservation or trip for any reason:

  • 60 days or more before the trip start date, we will grant you a 75% refund.
  • Between 59 and 30 days before the trip start date, we will grant you a 50% refund.
  • Between 29 and 15 days before the trip start date, we will grant you a 25% refund.
  • Less than 15 days before the trip start date, or once the trip has begun, no refund will be provided.

Fully Customized Tours must be paid in full and are non-refundable.

Rescheduling. Rebooking 15 days or more before your tour departure date: a $174.99 rescheduling fee applies per tour. Rescheduling is not guaranteed and depends on availability.

If we cancel. If My XO Adventures cancels due to weather or unavoidable circumstances, you will receive a 100% refund.

Night sky tours. Badlands Sunset and Night Sky Tours will be automatically changed to a Badlands Sunset and Golden Hour Tour should the weather predictions show 60% or higher cloud cover for Badlands National Park. You agree to this potential change, and no refunds will be provided in the case of customer cancellation.

Fuel surcharge. Our tours cover a lot of ground, and fuel is one of our largest costs. If the AAA average price for regular gasoline in South Dakota is above $5.50 per gallon on your tour date, we may add a fuel surcharge of up to $75 per tour, per booking, not per person. We'll always tell you before your tour if one applies. We use this only during genuine price spikes, never as a routine fee.

Behavior. 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 Adventures trip, and no alcohol is permitted in any My XO Adventures vehicle. If you choose to drink while on tour, we expect you to drink responsibly and follow local law.

Children and seatbelts. All children and minors must stay seated with their seatbelts properly fastened whenever the tour vehicle is moving, and the parent, guardian or responsible adult supervises them at all times. If a child stands, moves around the vehicle, removes a seatbelt, distracts the guide, damages the vehicle or otherwise creates an unsafe condition, the guide will ask the responsible adult one time to correct it. If it continues, My XO Adventures may end the tour. If the children can then stay seated and belted, the guide may return the group to their hotel or original pickup location. If they can't, the guide will stop in a safe place and contact our office, and the guests will arrange and pay for their own transportation back to their accommodations.

Removal. My XO Adventures and its guides may remove any guest who breaks these rules, with no refund. A tour ended because guests or children refuse to stay seated with seatbelts fastened, create an unsafe environment, or don't follow the guide's safety instructions is considered completed, and no refund will be provided.

Vehicle care. Please treat the vehicle with care. Excessive mess, spills, sticky substances, food debris, trash, damage, or any condition requiring professional cleaning will result in a $350 vehicle cleaning fee charged to the guest responsible for the booking, in addition to any repair costs for actual damage to the vehicle or its contents.

Travel insurance. We strongly recommend travel insurance, such as Travel Guard AIG's Cancel For Any Reason or Preferred Plan, or a credit card with trip protection, because we pay our guides a full day even when a guest cancels. Choosing not to buy it is your decision, and without it the cancellation terms above still apply and any medical or emergency transport costs are yours.

By initialing here, I confirm I've read the booking terms and agree to them.


7. Disputes and the legal fine print

This agreement is governed by the law of the State of South Dakota.

Any dispute between me and My XO Adventures that arises out of or relates to this agreement or the tour, including a claim for injury, will be decided by binding arbitration in Rapid City, South Dakota, under the rules of the American Arbitration Association, except that either of us may take a claim to small claims court instead. The arbitrator decides how much discovery is fair. The award is final, and any court with jurisdiction may enter judgment on it. A demand for arbitration must be made before the claim would be barred by the statute of limitations, and arbitration applies whether or not the tour took place.

Claims may be brought only individually, and never as a class action or any other group or representative action.

If a court ever has to decide anything about this agreement, it will be a state or federal court for Pennington County, South Dakota.

If either of us has to start arbitration or a lawsuit to enforce this agreement, the side that wins recovers its reasonable attorney's fees and costs.

If anything about your tour falls short, please tell us first, because we would rather fix it than read about it later. Contact us at info@myxoadventures.com or 605-252-9100 and we will respond within two business days. Nothing in this agreement limits your right to share an honest review or opinion of your experience, anywhere. Refunds, credits and discounts are decided only under the booking terms in this agreement. We will never give a refund, credit or discount in exchange for a review being posted, changed or removed, and any demand of that kind will be recorded and reported to the review site involved. Nothing in this agreement waives either party's rights under the law of defamation.

If any part of this agreement can't be enforced, that part is limited to what the law allows, and the rest stays in force. This agreement binds me and my heirs, executors, administrators, personal representatives, successors and assigns, and it continues after the tour ends.

By initialing here, I confirm I've read this section and agree to it.


8. Photos and video

I give My XO Adventures permission to use photographs, video and audio recordings of me made during the tour, for any use, including marketing, presentations, online video, printed and digital media, news and education, anywhere and with no time limit, without payment to me. I give up any right to approve the finished material or to receive royalties for it, and I release any claim against anyone who uses the material with My XO Adventures' permission. If I sign for a child, this permission covers the child too.

I HAVE READ THIS WHOLE AGREEMENT AND I UNDERSTAND IT. BY SIGNING IT, I ACCEPT THE RISKS OF THE TOUR AND I GIVE UP MY RIGHT, AND THE RIGHT OF ANY CHILD I SIGN FOR, TO SUE MY XO ADVENTURES, THE UNITED STATES AND THE STATE OF SOUTH DAKOTA FOR INJURY OR DEATH CAUSED BY ORDINARY NEGLIGENCE. I AM SIGNING IT FREELY.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email
Check to receive information, news, and discounts by e-mail.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
RESERVATION DETAILS
INVOICE #
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Information
OPTIONAL TRAVEL PROTECTION
I am NOT interested in Travel Protection/Interruption/Cancellation Insurance, and acknowledge that I have been informed but choose to DECLINE this coverage. I acknowledge the Cancellation Penalties and Emergency Medical Transportation and other events will become personal expenses I am responsible for.
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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