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.

"Participant," "I," "me," and "my" mean the person signing this Agreement.

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 am not participating as the result of a bet, wager, dare, employment obligation, or any external pressure. 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. The risks include, without limitation:

• Choking, aspiration, and airway obstruction, which can cause brain injury or death
• Vomiting, nausea, abdominal pain, cramping, bloating, diarrhea, and dehydration
• Esophageal tearing or rupture, gastric rupture or perforation, bowel obstruction, and gastrointestinal bleeding
• Cardiac events, stroke, arrhythmia, elevated blood pressure, and effects of extreme sodium, fat, protein, and caloric intake
• Blood sugar events, including hypoglycemia and hyperglycemia
• Allergic or anaphylactic reaction to ingredients, seasonings, cooking oils, or cross-contact allergens
• Foodborne illness
• Aggravation of any pre-existing medical condition, whether known or unknown to me or to anyone else
• Slips, falls, burns, and other risks present in a restaurant and campground environment
• Delayed onset of any of the above, occurring hours or days after participation
• Emotional distress, embarrassment, and reputational effects from public participation
• 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, as a material condition of being allowed to participate, that:

a. I am 18 years of age or older and have presented valid government-issued photo identification on request.

b. I am in good health and physically fit to attempt the Challenge. I have no medical condition, allergy, sensitivity, intolerance, injury, medication, or physical limitation that makes participation unsafe for me.

c. I am not pregnant and am not breastfeeding.

d. I do not have, have not been diagnosed with, and am not being treated for: any eating disorder (including anorexia, bulimia, or binge eating disorder); diabetes; any cardiac, cardiovascular, or blood pressure condition; any esophageal, gastric, intestinal, hepatic, pancreatic, or gallbladder condition; acid reflux or GERD; hernia; any respiratory or swallowing condition; or any seizure disorder.

e. I have not undergone bariatric surgery, gastric banding or sleeve, or any abdominal, esophageal, throat, or gastrointestinal surgery or procedure, and I have not had any surgery of any kind in the past six (6) months.

f. I am not currently taking any GLP-1 receptor agonist or similar medication (including but not limited to semaglutide, tirzepatide, liraglutide, or any drug marketed under names such as Ozempic, Wegovy, Mounjaro, Zepbound, Saxenda, Victoza, or Trulicity), and I am not taking any other medication that slows gastric emptying, suppresses appetite, affects swallowing, blood clotting, blood pressure, or blood sugar, or would otherwise make participation unsafe.

g. I have reviewed the ingredients with staff to the extent I have any allergy or dietary restriction. I understand and accept that the kitchen is not an allergen-free environment, that cross-contact with allergens including peanuts, tree nuts, dairy, eggs, soy, wheat, gluten, sesame, fish, and shellfish is possible, and that no representation of any kind is made regarding allergen content.

h. I am not under the influence of alcohol, cannabis, or any other intoxicating, impairing, or appetite-altering substance, I have not consumed alcohol within the four (4) hours preceding the Challenge, and I will consume no such substance during the Challenge.

i. I have consulted a physician to the extent I have any doubt about my fitness to participate, or I have knowingly and voluntarily chosen not to do so and accept full responsibility for that choice.

I acknowledge that the Released Parties are relying entirely on these representations, that they have no duty and no ability to verify them, and that they would not permit my participation without them. If any representation is false or incomplete, I remain fully bound by this Agreement, and the releases, indemnity, and covenant not to sue in Sections 7, 8, and 9 remain fully enforceable against me.

5. NO DUTY TO MONITOR, SUPERVISE, OR RENDER AID

I understand and agree that:

a. Staff of the Released Parties are food service workers, not medical professionals, and have no duty to monitor my health, observe me, assess my condition, diagnose anything, or intervene in any way.

b. No Released Party has undertaken any duty of care for my health, safety, or wellbeing beyond serving food, and none is assumed by this Agreement.

c. If any Released Party does choose to render or summon aid, that voluntary act creates no duty, no standard of care, and no liability, and I waive any claim arising from it, including any claim of negligent rescue, negligent undertaking, or delay.

d. 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 all staff instructions. I further agree that:

a. The Released Parties may stop my participation at any time, for any reason or no reason, and I will comply immediately and without argument. Any such decision is made for general safety and business reasons and is not a medical judgment, does not reflect any assessment of my health, and creates no duty of any kind.

b. I will not share, transfer, conceal, discard, or remove any portion of the food except as the posted rules allow.

c. I will not induce vomiting on the premises, and I will not smoke or vape during the Challenge.

d. I may be removed from the premises for violation of these rules, and I will leave when asked.

e. Failure to complete the Challenge means I pay the full menu price for the meal. Any prize, refund, or recognition is awarded solely at the discretion of Cafe Stand LLC under the posted rules in effect at the time.

7. RELEASE AND WAIVER OF CLAIMS

In consideration of being permitted to participate, I, on behalf of myself, my spouse, children, heirs, next of kin, executors, administrators, personal representatives, estate, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND FOREVER DISCHARGE each and all of the Released Parties from any and all claims, demands, actions, causes of action, suits, liabilities, damages (including compensatory, consequential, incidental, special, and punitive damages), losses, costs, and expenses of every kind and nature, including attorneys' fees, whether known or unknown, foreseen or unforeseen, presently existing or arising in the future, arising out of or relating in any way to:

(i) my participation or attempted participation in the Challenge;

(ii) the preparation, portioning, cooking, handling, or serving of the food;

(iii) my presence on or use of the premises, parking areas, restrooms, campground, or any facility of Crossings Park LLC before, during, or after the Challenge;

(iv) any act or omission of any Released Party in connection with the foregoing; and

(v) any injury, illness, condition, or death resulting from any of the foregoing, including delayed or latent effects;

INCLUDING ANY AND ALL SUCH CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, whether that negligence relates to food preparation, portioning, service, premises condition, staffing, training, supervision, warning, or otherwise.

This release does not apply to conduct constituting gross negligence, recklessness, willful or wanton misconduct, intentional injury, fraud, or violation of law, or to any liability that cannot be released as a matter of 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 Section 7. If I (or anyone acting on my behalf, including a family member, estate, or insurer by subrogation) breaches this covenant, I agree to pay all costs and attorneys' fees incurred by the Released Parties in defending it, regardless of outcome.

9. INDEMNIFICATION AND HOLD HARMLESS

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS each of the Released Parties — including specifically CAFE STAND LLC d/b/a CUSTER'S LAST MEAL and CROSSINGS PARK LLC — from and against any and all claims, demands, suits, judgments, settlements, liabilities, damages, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, expert fees, and court costs, arising out of or relating to:

a. my participation or attempted participation in the Challenge;

b. any breach or inaccuracy of any representation or warranty I made in Section 4;

c. any breach by me of any term of this Agreement or of the posted rules;

d. my acts or omissions on the premises, including injury or damage I cause to any other person or to property;

e. any claim brought by or on behalf of me, my spouse, my children, my heirs, my estate, my insurer, or any third party relating in any way to the Challenge; and

f. any subrogation, lien, or reimbursement claim asserted by any health insurer, medical provider, or government payor relating to treatment of me.

This indemnity obligation survives the completion of the Challenge and is independent of, and in addition to, the release in Section 7.

10. MEDICAL TREATMENT, COSTS, AND INSURANCE

I authorize the Released Parties to summon emergency medical assistance on my behalf if they choose to, and I consent to examination, treatment, and transport by emergency personnel. I understand this is a courtesy, not an obligation, and that no Released Party is responsible for the acts or omissions of any emergency responder, ambulance service, or medical provider.

I am solely responsible for all costs of any medical care, ambulance transport, emergency room visit, hospitalization, or follow-up treatment arising from my participation. I represent that I carry health insurance sufficient to cover such costs, or that I am financially able to pay them myself.

11. MEDIA RELEASE

I grant the Released Parties the irrevocable, perpetual, worldwide, royalty-free right to photograph and record me before, during, and after the Challenge and to use my name, likeness, image, voice, and any resulting content in any medium, including social media, advertising, promotion, websites, and any wall of fame or wall of shame, without compensation, notice, review, or further approval. I waive any right to inspect or approve such use and any claim for defamation, invasion of privacy, right of publicity, or emotional distress arising from it.

Initial if you AGREE to the media release: ______________

Initial if you DO NOT agree to the media release: ______________

12. LIMITATION OF LIABILITY

To the maximum extent permitted by South Dakota law, and without limiting the release above, the total aggregate liability of all Released Parties for any claim arising out of or relating to the Challenge, from any cause and under any theory, shall not exceed the amount actually paid by me for the meal. No Released Party shall be liable for lost wages, lost profits, or consequential, incidental, indirect, special, or punitive damages.

13. TIME LIMITATION ON CLAIMS

To the extent permitted by law, I agree that any claim I may bring against any Released Party relating to the Challenge must be filed within one (1) year of the date of my participation, and that any claim filed later is permanently barred, regardless of any longer statutory period that might otherwise apply.

14. JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY in any action arising out of or relating to this Agreement or the Challenge.

15. GOVERNING LAW, VENUE, AND FEES

This Agreement is governed by the laws of the State of South Dakota, without regard to conflict-of-laws principles. Any dispute shall be brought exclusively in the state courts located in the county in which the premises are situated, and I consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum. In any dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

16. SEVERABILITY, INTERPRETATION, AND ENTIRE AGREEMENT

If any provision of this Agreement is held invalid, void, or unenforceable, that provision shall be modified to the minimum extent necessary to render it enforceable, or if it cannot be so modified, severed, and all remaining provisions shall remain in full force and effect. It is the intent of the parties that this Agreement be given the broadest possible interpretation permitted by South Dakota law in favor of the Released Parties.

This Agreement, together with the posted rules, is the entire agreement between the parties on this subject and supersedes all prior or contemporaneous statements, representations, or understandings, oral or written. It may not be modified except in writing signed by an authorized representative of Cafe Stand LLC. It binds and benefits my heirs, spouse, children, estate, personal representatives, and assigns, and the successors and assigns of the Released Parties. An electronic or photographed signature has the same effect as an original.

17. ACKNOWLEDGMENT

I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND IT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AND THE RIGHT TO A JURY TRIAL, AND THAT I AM AGREEING TO INDEMNIFY AND PAY THE LEGAL COSTS OF THE RELEASED PARTIES. I HAVE HAD A FULL OPPORTUNITY TO ASK QUESTIONS AND TO CONSULT AN ATTORNEY OF MY CHOOSING. NO ORAL REPRESENTATION, STATEMENT, OR INDUCEMENT APART FROM THIS WRITTEN AGREEMENT HAS BEEN MADE TO ME. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.