Check-In Agreement & Release of Liability
Valley View Retreat · SD Highway 89 · Hot Springs, SD 57747
PLEASE READ CAREFULLY. This is a legal document that affects your legal rights. By signing, you waive certain rights, including the right to sue.
1. Guest & Reservation Information
At check-in you'll provide your name, address, phone and email, vehicle make/model & plate, your site number and dates, and the number of adults, children (under 18), and pets in your party.
2. Acknowledgment & Assumption of Risk
I understand that camping, hiking, and use of the campground and its facilities involve inherent and other risks, hazards, and dangers that no amount of care, caution, or expertise can eliminate. These risks include, but are not limited to:
- Uneven, natural, or rugged terrain; slips, trips, and falls;
- Wildlife, insects, snakes, and animal encounters;
- Weather conditions, including storms, lightning, flooding, wind, heat, and cold;
- Fire, campfires, cooking equipment, fuel, and burns;
- Trees, branches, and falling objects;
- Water hazards, including ponds, streams, rivers, and lakes;
- Use of recreational equipment, trails, and shared facilities;
- Limited electricity, running water, and lighting, and the off-grid nature of the property;
- Very limited cellular coverage (Verizon generally works; AT&T and T-Mobile generally do not), and reliance on Starlink Wi-Fi for connectivity;
- The remote, rural location, including long emergency response times (the nearest volunteer fire department is approximately 2 miles away and the nearest hospital approximately 18 miles away in Hot Springs);
- The acts or omissions of other guests and third parties.
I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my participation and that of all minors and guests in my party.
3. Release & Waiver of Liability
In consideration of being permitted to enter and use the campground, I, on behalf of myself, my family, my guests, my heirs, and my personal representatives, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Valley View Retreat, its owners, operators, employees, agents, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me, my party, or my property while on the premises, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law.
This release does not apply to conduct that constitutes gross negligence, willful or wanton misconduct, or intentional acts, and does not waive any rights that cannot be waived under applicable South Dakota law.
4. Indemnification
I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any loss, liability, damage, cost, or claim (including reasonable attorneys' fees) they may incur arising from my use of the premises or any act or omission by me, my guests, my pets, or any minor in my party.
5. Personal Property
The Released Parties are not responsible for any loss of or damage to personal property, vehicles, equipment, or belongings, regardless of cause. I am solely responsible for securing my own property.
6. Pets & Livestock
Pets must be leashed and under the owner's control at all times. Valley View Retreat is a working property with livestock, poultry, and livestock-guardian dogs. Our guardian dogs patrol the area near the house and are electronically restricted from the camping area, which sits a minimum of approximately 678 feet away. For the safety of your pet, our animals, and other guests, it is essential that your pet remain leashed and within your campsite. I agree that if my pet chases, injures, or kills livestock or poultry, I am solely responsible for all resulting loss, agree to reimburse Valley View Retreat for the value of any animal harmed, and agree to indemnify the Released Parties against any related claims. I acknowledge that Valley View Retreat reserves all rights available to it under South Dakota law (SDCL 40-34-1) regarding animals that threaten or harm livestock.
7. Surveillance
I acknowledge that the property is monitored by security cameras throughout the campground for the safety and security of guests, animals, and property.
8. Rules & Conduct
I acknowledge that I have received, read, and agree to abide by the Campground Rules. I understand that Valley View Retreat is a pure off-grid camping experience and that I must NOT travel beyond the general camping area without permission, and that leaving that area without an attendant escort is a violation of this Agreement. I further understand that any farm activities, including tours and contact with livestock, are undertaken at my own risk and only as permitted and supervised by management. I understand that failure to comply with the rules may result in removal from the premises without refund.
9. Minors
If I am signing on behalf of any person under the age of 18, I represent that I am the parent or legal guardian, and I agree to the terms of this Agreement on their behalf, releasing and indemnifying the Released Parties to the fullest extent permitted by law.
10. Medical Treatment
In the event of injury or illness, I authorize the Released Parties to arrange emergency medical care, and I agree to be responsible for all related costs. The Released Parties are not obligated to provide medical care.
11. Governing Law & Severability
This Agreement is governed by the laws of the State of South Dakota. If any provision is found unenforceable, the remaining provisions shall continue in full force and effect. Any dispute shall be brought in the courts located in Fall River County, South Dakota.
12. Acknowledgment
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.