TRIP PARTICIPANT AGREEMENT AND TERMS AND CONDITIONS SPRING BREAK XTREME 2010

Terms and Conditions – Tour Participant Agreement Spring Break Xtreme 2010

Participating in Spring Break Xtreme ‘10 (hereinafter referred to as SBX’10) through Xtreme Xperience Productions, Inc. dba Xtreme Trips (hereinafter referred to as XTREME) located at 1400 E. Oakland Park Blvd, Suite 209, Fort Lauderdale, FL 33334 Tel. # (954) 563-7112, is governed by the following terms and conditions below. Xtreme Xperience Productions, Incl. dba Xtreme Trips is registered in the state of Florida as a seller of travel registration number ST35430.

The trip participant (hereinafter referred to as a traveler, passenger, or trip participant) is agreeing that they have read, accept, and agree with the following terms and conditions and all information pertaining to this trip at www.XtremeTrips.com. If the trip participant is less than Eighteen (18) years of age, the parent(s)/guardian(s) of the trip participant must read, agree, and consent to these terms and conditions. Please print a copy of these terms and conditions for your records. Xtreme Trips is not responsible for parents registering for the tour participant online and accepting the terms and conditions on behalf of the tour participant.

PACKAGE PRICE & INCLUSIONS: All package inclusions are subject to the following terms and conditions. All package prices are based on current rates as of 9/1/09. All rates are subject to change without notice in accordance with fuel base in charter contracts, changes in government taxes/fees, etc. All prices listed online reflect a 3% discount for payment in cash via check or money order made payable to Xtreme Trips, Inc. If paying by credit card, please add back the 3% discount to your payment. Any fuel-related increases and/or changes in government taxes/fees will be assessed no later than 10 days prior to departure and must be paid by all passengers, regardless of whether account is paid in full or not.

RESERVATIONS & DEPOSIT: Reservations are confirmed once a minimum of $100 non-refundable and non-transferable deposit is paid per trip participant. Receipt of deposit or payment of at least $100 by XTREME constitutes acceptance of the following terms and conditions. Payments can be made online at www.XtremeTrips.com or by mail with a check or money order. All payments made after January 5th, 2010 must be full payments. There will be a $30 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 prior to your trip dates.

FINAL BALANCE PAYMENT: Final balance payments are due no later than January 5th, 2010. All Final Balance Payments received after January 5th, 2010 but before January 20th will be subject to a $20 late fee added to the balance. All Final Balance Payments received after January 20th but before February 5th will be subject to a $35 late fee added to the balance. No personal checks will be accepted within 30 days prior to departure. Within 30 days to departure, money orders, cashier’s checks, and credit cards are the only forms of payment accepted. You are responsible for paying the rate corresponding to the room occupancy shown on your account at the time of departure. Final confirmation, cruise, and airline tickets will not be sent or finalized until final balance is paid in full by each trip participant occupying the same hotel room or cruise stateroom. IF FINAL PAYMENT IS NOT RECEIVED IN OUR OFFICE AT LEAST 60 DAYS PRIOR TO DEPARTURE, XTREME RESERVES THE RIGHT TO AUTOMATICALLY CANCEL YOUR RESERVATION WITHOUT NOTICE AND THE TERMS AND CONDITIONS APPLY AS STATED: Accounts may be reinstated subject to availability with a $20 reinstatement fee. There is a $30 charge for any returned checks. Refunds of any kind will be paid no earlier than 30 days prior to departure; some may be received upon return from your trip.

LAST MINUTE BOOKINGS are accepted until the day of departure or the plane, cruise, or bus is sold out, which ever comes first. Should seats become available within 60 days prior to departure, full payment is due upon registration in order to process reservation. Please call for availability.

CHANGES IN RESERVATIONS: Any changes in your reservation will require written notification and will incur a $30 fee (plus any airline or cruise fees). NO CHANGES WILL BE ALLOWED LESS THAN 30 DAYS PRIOR TO DEPARTURE. When making changes, please include your name, phone number, departure date and departure city along with a check or money order for $30. Roommates added to a room will be honored by XTREME with the approval of one or any of the occupants of that room and all of the terms and conditions will apply to all occupants thereafter. For the purposes of this paragraph, adding passengers to an existing reservation will not be considered a change.

CANCELLATIONS, SUBSTITUTIONS, AND REFUND POLICY: All payments received by XTREME are non-refundable and non-transferable. THERE ARE NO EXCEPTIONS TO OUR CANCELLATION POLICY. THIS INCLUDES NO EXCEPTIONS FOR MEDICAL EMERGENCY, MEDICAL PROCEDURES, FAMILY EMERGENCY, DEATH, or any other reasons for cancellation. Purchase of the Optional Travel Insurance is strongly recommended. All fees such as insurance premiums, NSF fees, late fees, name change fees, etc. are non-refundable.

UNUSED TOUR SERVICES: No refund will be issued for unused accommodations, flights, cruises, bus, transportation, or tour services if the tour participant leaves the tour for any reason.

TRAVEL INSURANCE: PURCHASE OF THE OPTIONAL TRAVEL INSURANCE IS STRONGLY RECOMMENDED. All insurance is provided by Travel Insured Int’l. Policy includes trip cancellation due to medical reasons, trip interruption due to flight delays, medical and accident insurance while on the trip and other valuable coverage. For complete details, please call XTREME or Travel Insured Int’l at 800-243-3174 or log onto www.XtremeTrips.com and go to the bottom of the home page and click on Traveler’s Insurance Policy for a detailed description of the Optional Travel Insurance.

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 the Optional Travel Insurance.

PASSPORT REQUIREMENTS: It is now a requirement to possess a valid US Passport per traveler(trip participant) for all international travel outside of the U.S. by air and sea including all spring break trips to Mexico and the Bahamas by Xtreme Trips. It is the sole responsibility of each traveler(trip participant) to obtain a U.S. Passport before traveling outside the U.S. Foreign nationals must consult their local consulates for documentation requirements. Passengers under 18 years of age must carry a notarized letter of consent signed by both parents or legal guardian(s) for travel outside the U.S. 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.

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.

HOTEL DAMAGE DEPOSIT: A $50-$100 per person refundable hotel damage deposit is required upon hotel check-in at some SBX’10 destinations including but not limited to Mexico, Bahamas, Dominican Republic, South Padre, and Panama City Beach, FL. 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 SBX’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.

FLIGHT/CRUISE SCHEDULE DELAYS, CONNECTIONS, AND/OR LAYOVERS: 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 trip participant and are not the responsibility of XTREME.

FLIGHT SCHEDULES: XTREME will provide as much information as possible regarding flight schedules at the time of booking. This information is considered tentative and subject to change without notice per operator’s option plan. Flight times are not guaranteed and may affect actual length of time in vacation destinations. Schedule changes can occur without notice even after tickets have been issued; therefore, the tour participant is responsible for re-confirming both outbound and return flights.

OPERATOR’S OPTION PLAN: XTREME reserves the right to use Friday, Saturday or Sunday departures of your chosen weekend. The following are considered “co-terminal” airports. New York (Newark, JFK, LaGuardia); Washington (BWI, National, Dulles); Chicago (O’Hare, Midway); Detroit (Metro, City). In the unlikely event that the services or accommodations are not available, or availability of aircraft seating change, or date changes occur, due to reasons beyond our control, the terms and conditions of this form still apply. XTREME reserves the right to withdraw, alter, and substitute program items, or modify itineraries at any time without notice. However, XTREME will make every effort to provide accommodations of equal standard and quality for participant’s safety and convenience.

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. Any surcharges for increases in fuel price and/or government taxes and fees will be assessed per traveler no later than 14 days prior to departure and must be paid by all passengers prior to travel in order to receive their travel documents and tickets.

FLIGHT DELAYS: Flight delays are unfortunate, but are an inherent risk in air travel and beyond the control and responsibility of XT. Per D.O.T. regulations regarding delays of public charter flights, airlines are no longer required by law to provide compensation for delays (i.e. rooms, meals or refunds), unless the delay is more than 48 hours. Missed nights accommodations, missed time in vacation destination, missed connections to/from charter flights, missed wages, missed package features, and additional expenses – including long distance phone calls incurred due to flight delays are beyond XTREME’s control and responsibility. In addition to any compensation offered by Travel Insurance purchased, Xtreme’s customer service policy provides that any passenger who experiences a delay of more than 12 hours will receive anywhere from $25-$100 (depending on length of delay) per person credit good towards future travel on any XTREME charter package. Compensation schedule does not apply to weather-related, air traffic related, or security related delays. Compensation terms and conditions will be outlined on voucher issued. AIRLINES CONCERNED are not responsible for any act, omission, or event during the time the participants are not on board their aircraft. Participant contract in use by the airline concerned, when issued, shall constitute the sole contract between the airline and the purchaser of these tours and/or the passenger. Upon receiving deposit(s) and registration form(s) participant may be required to sign a charter air/tour participant contract. Public charter services are provided by Ryan International, Sun Country, USA 3000, North American Air, Air Transat, Champion Air, Royal Air, Northwest Airlines, Air 2000, Casino Express, TWA, Falcon Air, USA Express, Reno Air, Allegro Air, Tradewinds Airlines, Omni Air, Transmeridian, Miami Air, Continental, AirTran, Mexicana, American Airlines, Bahamas Air, and American Trans Air. Public charters are operated by Holiday Express, Trans Global Tours, LLC., Apple Vacations, Sun Trips, Sunquest, STS, Funjet, SCC, and Worry Free Vacations. Scheduled air services are provided by Continental, American, Northwest, AeroMexico, United, Mexicana, Frontier, Sun Country, ATA, and America West. XTREME and the airline reserve the right to substitute any duly-licensed air carrier and/or change aircraft type, routing and do not guarantee single plane or non-stop service. XT acts as agents for the above listed airlines and tour companies only in the offering of air transportation in conjunction with the tour.

LIMITATION AND RELEASE OF LIABILITY: XTREME TRIPS, the sponsoring organization, its owners, officers, instructors, and employees act solely as the tour operator in arranging transportation and accommodations offered in this travel package. As the tour operator, Participant acknowledges that XTREME assumes no responsibility, does not guarantee performance and in no event shall be liable for any negligent or intentional act, omission, injury to person or property, loss, inconvenience, accident, delay, irregularity, negligence, or default of any company, hotel, carrier company and/or their employees, servants or subcontractors providing any services, accommodations, or facilities in connection with this travel package. XTREME will not be responsible for (1) overbooking by hotels, and (2) failure to follow instructions, including, but not limited to, check-in/check-out times, baggage handling, and reconfirming bus/flight/cruise times. XTREME is not responsible for any act or injury that may occur to any participant in the Xtreme Party Package while at any establishment or event in accordance with the Xtreme Party Package itinerary or any optional activity and/or tour participated in by its clients. Participant(s) and operator agree to resolve any legal dispute through binding arbitration in accordance with the American Arbitration Assocation (AAA) to be held in a Broward County, Florida. Any claims must be commenced within one year after the scheduled termination of the flight/cruise or forever barred.

PROPERTY DAMAGE DISCLAIMER: Any damage caused by an XTREME traveler to any entity of our trips, including but not limited to: Airline, cruise ship, bus, hotel rooms and hotel property, vendor properties, or any properties visited during SBX’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 SBX’10 who decide to participate in the damage of any property.

DIGITAL PICTURES AND FILM: Xtreme retains the right to photograph and film trip participants during SBX’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 info@XtremeTrips.com or call 954-563-7112.

ARBITRATION OF DISPUTES: Should any dispute/controversy whatsoever arise concerning any aspect/element of the trip including the Trip Participant Agreement and Terms and Conditions, 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 AND OPERATOR PARTICIPANT AGREEMENT: This Trip Participant Agreement and Terms and Conditions, available at www.XtremeTrips.com, shall 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.