This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in South Dakota for specific guidance.
Key points about South Dakota waiver law
South Dakota courts enforce liability waivers for recreational activities
Waivers must be clear and specific
Standard contract principles apply
Gross negligence cannot be waived
Drafting considerations for South Dakota
Use plain language
Specify activities and risks
Ensure voluntary signing
Present before the activity
Frequently asked questions
Are liability waivers enforceable in South Dakota?
Yes. South Dakota courts enforce clear, unambiguous liability waivers for recreational activities.
Can I use a digital waiver in South Dakota?
Yes. South Dakota adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
What should a South Dakota waiver include?
Clear risk descriptions, explicit negligence release, assumption of risk language, and a signature line.
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