Current through Register Vol. XLI, No. 49, December 6, 2024
Section 61-37-3 - Duties of agritourism operators3.1. Each agritourism business shall post and maintain signs that contain the following notice: NOTICE
Under West Virginia law, there may be limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism business if the injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to landscape, terrain, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.
3.1.a. Signs must be placed in a clearly visible location at both the entrance to the agritourism location and at the site of the agritourism activity. If the entrance to the location and the site of the activity are the same, only one sign is required.3.1.b. The notice on each sign must be clearly legible, with each letter to be a minimum of one inch in height.3.1.c. Failure to display the required notice will prevent an agritourism business from invoking the immunity provided by the Agritourism Responsibility Act.3.2. If an agritourism professional utilizes a contract for the providing of professional services, instruction, or the rental of equipment to a participant, the notice contained in section 3.1. must be included in clearly legible print.3.2.a. This section applies whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity.3.2.b. The notice in a contract shall be presumed to be in clearly legible print if the caption is typewritten or printed in at least twelve-point bold upper-case type and the body of the notice is typewritten or printed in at least eight-point regular type.3.2.c. Failure to include the required notice in any such contract will prevent an agritourism business or agritourism professional from invoking the immunity provided by the Agritourism Responsibility Act.3.3. All agritourism professionals shall make reasonable and prudent efforts to determine the ability of a participant to safely engage in the agritourism activity. An agritourism professional reserves the right to refuse participation if he or she determines that a participant imposes a safety risk to himself or others.3.4. All agritourism professionals shall make known to any participant, via written warning, verbal warning, or posted warnings, any dangerous condition as to land or facilities under the lawful possession and control of the operator of which the operator knows or through the exercise of due diligence should know, by advising the participant in writing or by conspicuously posting warning signs upon the premises.3.5. All agritourism professionals providing equipment to participants shall make a reasonable and prudent effort to routinely inspect such equipment to assure that is in proper working condition and safe for use in the agritourism activity.