Section 2605 - Acknowledgment of Limited Civil LiabilityFor the purpose of enforcing the limited liability under section 3, a written agreement between an agritourism activity provider and a participant shall be enforceable if the written agreement meets all the following criteria:
(1) The written agreement is signed before the participant engages in an agritourism activity.(2) The written agreement is signed by the participant or, if the participant is a minor or care-dependent person, the participant's parent or guardian.(3) The written agreement is in a document separate from any other agreement between the participant and the agritourism activity provider, except for a document that includes a different warning, consent or assumption of risk statement.(4) The written agreement is printed in not less than 10-point bold type.(5) The written agreement contains the following language: "AGREEMENT AND WARNING: I understand and acknowledge that, except for limited circumstances listed below, an agritourism activity provider is not liable for any injury to or death of a participant resulting from an agritourism activity. I understand that I have accepted all risk of injury, death, property damage and other loss that may result from an agritourism activity. I understand that an agritourism activity provider is not protected from liability if the provider:
(1) Performs an act in a grossly negligent manner and causes injury or damages to a participant.(2) Purposefully causes a participant's injury.(3) Acts or fails to act in a way that constitutes criminal conduct.(4) Recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant. A dangerous condition is a condition that creates an imminent and substantial risk of injury or damages to a participant."(6) Notwithstanding paragraphs (1), (2), (3) and (4), a written agreement that contains substantially the same language under paragraph (5) may be printed on a ticket required for access to an agritourism activity.Added by P.L. 167,2021 No. 27, § 5, eff. 8/30/2021.