I. Grounds Use Fee
All users of Oak Lake Field Station are assessed.
II. Lodging Arrangements
Bunkhouse, Dining Hall, House, Primitive Camping and Shower Building
III. Special Needs
Classroom, North Classroom, Canoes, Laboratory Space and Riding Corral
IV. Financial Arrangements
A. Payment form
Renter shall pay the University all charges in payment form of cash or check payable to:
Oak Lake Field Station
South Dakota State University
Box 2140B
Brookings, SD 57007
B. Billing
No more than 48 hours after the completion of the event, the renter will provide the University with a total number of participants. No more than five (5) working days after the completion of the event, the University will provide Renter with a bill listing all charges and credits for the event. Renter will pay the University all unpaid charges within thirty (30) days after the receipt of the bill.
C. Guarantee/Deposit
Renter will provide the University with guaranteed numbers for lodging no later than five (5) working days before the earliest date appearing in section II hereof. The charges for which Renter shall be liable will be based on guaranteed numbers or actual head and bed counts, whichever is greater, with the guaranteed numbers for head and bed counts subject to the following:
- Amount of charges shall be no less than 90% of the amounts computed using the guaranteed numbers for head and bed counts; and
- The University does not guarantee availability of facilities or lodging in excess of that required for 110% of said guaranteed numbers for head and bed counts, respectively; and
- The University does not guarantee sole use of the site as there may be other groups renting/using parts of the Field Station.
D. Cancellation
If the renter cancels this agreement within ten (10) days of the first date appearing in II hereof, it shall be liable to the University for the deposit fee. If Renter does not cancel prior to five (5) days before the first day appearing in II hereof, it shall be obligated as set forth in IV, C above. If the Renter does not cancel and does not damage the property or leave it in a dirty condition, the amount of the deposit will be assessed and deducted from the total of the rental fee due.
E. Failure to Pay
Renter agrees that failure to pay thereof in accordance with this agreement, or if Renter violates any other provision of this agreement, all remaining obligations of the University under this agreement shall, at the option of the University, cease and be terminated upon written notice mailed to the last known address of the Renter. In any case, all amounts owing to the University hereunder which are more than sixty (60) days past due shall be subject to service charge of 1.5% per month, constituting an annual percentage rate of 18%. Renter shall reimburse the University for all collection costs, including professional fees and other expenses incurred in enforcing collection of any and all amounts owing hereunder, whether or not legal action is instituted to enforce compliance with this agreement, including but not limited to the collection of any sums due and owing, the University shall be entitled to such sum as the trial court, and on appeal any appellate court, may adjudge reasonable as attorney fee to be allowed in said suit or action.
V. Hold Harmless, Indemnification or Insurance
- Renter agrees to indemnify and hold the state and its officers, agents and employees harmless from any and all liability, damages, actions, claims, demands, expenses, judgments, fees and costs of whatever kind or character, arising from, by reason of or connection with the use of the facilities described herein. It is the intention of the parties that the state, and its officers, agents and employees shall not be liable or in any way responsible for injury, damage, liability, loss or expense resulting to the user and those it brings on the premises due to accidents, mishaps, misconduct, negligence or injuries either in person or property.
- Renter expressly assumes full responsibility for any and all damages or injuries which may result to any person or property by reason of or in connection with the use of the facilities pursuant to this agreement, and agrees to pay the state for all damages caused to the facilities resulting from user's activities hereunder.
- Renter represents that its activities pursuant to this agreement will be supervised by adequately trained personnel and that the renter will observe and cause the participants in the activity to observe all safety rules for the facility and the activity. Renter acknowledges that the state has no duty to and will not provide supervision of the activity.
- Renter shall provide liability insurance for itself and all participants in subject conference to provide adequate coverage for each person/occurrence for bodily injury and/or personal damage. Renter shall provide the University with a certificate of said insurance no less than ten (10) days before the first date appearing in II hereof.
VI. Additions or Deletions
Any additional facilities and/or services not specified in this agreement are subject to additional charges. These charges will be included in the balance due in the bill presented to the Renter by the University pursuant to IV., B hereof. Otherwise, any additions to and/or deletions from this agreement must be initialed and dated by both parties to be valid. All documents must be signed and initialed by the same individual.
VII. Applicable Law
This agreement shall be governed by the laws of the state of South Dakota. The University is an equal opportunity institution and subscribes to all requirements of federal law not to discriminate with respect to students, employees, applicants or University programs on the basis of sex, race, color, national origin, religion, age, handicap or veteran status.
VIII. University Regulations
Renter is required to adhere to all University policies, regulations, guidelines and all local, state and federal laws concerning health, safety and public order. Failure to comply with these regulations may result in forfeiture of the privilege of using University facilities and services, or termination of this agreement pursuant to XIII hereof.
IX. University Rights
The University may exercise the following rights:
- To enter any room/facility for the purpose of inspection, maintenance, repair or emergency.
- To reassign residents within the Field Station, after timely notification, in order to accomplish necessary repairs and renovation to the building.
- To revoke the privilege of residency in or utilization of any of its buildings of any occupant whose conduct, solely in the University's opinion, becomes injurious or potentially injurious to the University, facility, staff or renters.
X. Use of The University Name
User will not use the name of South Dakota State University in any advertisement material, brochure, mailer or any similar item in a manner that infers that the University is a sponsor/co-sponsor or in any way affiliated with the user group. The University's name may only be used for reference of event location unless written approval has been granted by a University official.
XI. Curtailment
In the event that University buildings, property or facilities shall be destroyed or substantially damaged by fire or other casualty, or in the event that other circumstances render the fulfillment of this agreement impractical or impossible, Renter shall be obligated to pay the fees hereinabove stipulated only for those services, activities and events which shall have occurred prior to said casualty or circumstance. Renter hereby waives any claim for damage or compensation resulting from fire, casualty or other circumstances causing curtailment of this agreement.
XII. Assignment Prohibited
The Renter may not assign this agreement to another individual or group without the prior written consent of the University.
XIII. Time Limit
This agreement is not binding until countersigned by South Dakota State University. The University will honor its terms, the rates for charges and the availability of facilities and services for ten (10) days from the date of mailing of this agreement to its receipt back signed by the Renter. After that it will be subject to change and availability.
XIV. Damage/Cleanup
In the event that Renter damages the facilities/equipment or leaves it in an unclean condition, the reservation deposit shall be forfeited. If the cost of the damage or clean up exceeds the amount of the reservation deposit, the Renter will be assessed additional charges to cover the difference.