Book the Biggest Burger Challenge in South Dakota.

BIGGEST BURGER IN SOUTH DAKOTA CHALLENGE

ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

CAFE STAND LLC d/b/a CUSTER'S LAST MEAL
Premises owned and operated by CROSSINGS PARK LLC
22036 US Highway 385, South Dakota

READ CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE AND YOUR RIGHT TO A JURY TRIAL. DO NOT SIGN IF YOU DO NOT UNDERSTAND IT. YOU MAY DECLINE TO PARTICIPATE AT ANY TIME.

1. Definitions

"Challenge" means the "Biggest Burger in South Dakota Challenge," a voluntary timed eating contest in which the participant attempts to consume, within a posted time limit and subject to posted rules, an oversized hamburger containing approximately three (3) pounds of beef together with the bun, toppings, condiments, and side items served with it. The Challenge is offered solely as recreational entertainment. A participant who completes the Challenge under the posted rules receives the meal free of charge; a participant who does not complete it pays the full menu price.

"Released Parties" means, collectively: Cafe Stand LLC d/b/a Custer's Last Meal; Crossings Park LLC; Custer Crossing Family Campground; and each of their respective owners, members, managers, officers, directors, employees, agents, independent contractors, volunteers, food and ingredient suppliers, vendors, affiliated and related entities, parent and subsidiary entities, landlords, lessors, lessees, licensors, successors, assigns, and insurers.

2. Voluntary Participation

I am participating in the Challenge entirely of my own free will. No one has required, pressured, coerced, or induced me to participate. I understand I may stop at any time, for any reason, without penalty, and that stopping is always the safest choice.

3. Assumption of Risk

I understand that competitive and rapid consumption of large quantities of food is inherently and unavoidably dangerous and that these risks cannot be eliminated regardless of the care taken by anyone. Risks include choking, aspiration, airway obstruction, vomiting, nausea, abdominal pain, dehydration, gastrointestinal injury, cardiac events, stroke, blood sugar events, allergic or anaphylactic reactions, foodborne illness, aggravation of medical conditions, slips, falls, burns, delayed onset of symptoms, emotional distress, serious injury, permanent disability, and death.

I knowingly, freely, and voluntarily assume all such risks, both known and unknown, whether or not caused by the negligence of any Released Party, and accept full and sole responsibility for any injury, illness, loss, cost, or damage I suffer.

4. Health Representations and Warranties

I represent and warrant that I am 18 years of age or older, in good health, physically fit to attempt the Challenge, not pregnant or breastfeeding, not affected by listed medical conditions, not taking medication that would make participation unsafe, not under the influence of alcohol, cannabis, or impairing substances, and that I have reviewed ingredients to the extent I have allergies or dietary restrictions. I understand the kitchen is not allergen-free and cross-contact is possible.

5. No Duty to Monitor, Supervise, or Render Aid

I understand staff are food service workers, not medical professionals, and have no duty to monitor my health, assess my condition, diagnose anything, or intervene. I am solely responsible for monitoring my own condition and for stopping.

6. Rules, Conduct, and Right to Terminate

I agree to follow all posted rules and staff instructions. The Released Parties may stop my participation at any time. I will not share, transfer, conceal, discard, or remove food except as posted rules allow. I will not induce vomiting on the premises, and I will not smoke or vape during the Challenge.

7. Release and Waiver of Claims

In consideration of being permitted to participate, I release, waive, discharge, and forever discharge each and all Released Parties from any and all claims arising out of or relating in any way to my participation or attempted participation in the Challenge, the preparation or serving of food, my presence on the premises, and any injury, illness, condition, or death resulting from the foregoing, including claims caused in whole or in part by ordinary negligence, to the fullest extent permitted by South Dakota law.

8. Covenant Not to Sue

I agree never to file, prosecute, join, or assist in any lawsuit, claim, arbitration, or proceeding against any Released Party arising out of anything released in this Agreement.

9. Indemnification and Hold Harmless

I agree to indemnify, defend, and hold harmless each Released Party, including Cafe Stand LLC d/b/a Custer's Last Meal and Crossings Park LLC, from and against any claims, demands, suits, judgments, settlements, liabilities, damages, losses, fines, penalties, costs, and expenses arising out of or relating to my participation, my representations, my breach of this Agreement, my acts or omissions, or any related claim by me or another party.

10. Medical Treatment, Costs, and Insurance

I authorize the Released Parties to summon emergency medical assistance if they choose to, and I consent to examination, treatment, and transport by emergency personnel. I am solely responsible for all medical costs arising from my participation.

11. Media Release

I may grant or decline permission for the Released Parties to photograph and record me before, during, and after the Challenge and use my name, likeness, image, voice, and resulting content in advertising, social media, websites, and promotional materials.

12-17. Additional Terms and Acknowledgment

This Agreement includes limitation of liability, time limitation on claims, jury trial waiver, South Dakota governing law and venue, severability, interpretation, entire agreement, and acknowledgment terms. By signing below, I confirm I have read and understand the Agreement, understand that I am giving up substantial legal rights, and sign freely and voluntarily.