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2017 SESSION
17103893DBe it enacted by the General Assembly of Virginia:
1. That §§ 3.2-6400 and 3.2-6402 of the Code of Virginia are amended and reenacted as follows:
§ 3.2-6400. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Agricultural products" means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops.
"Agritourism activity" means any activity carried
out on a farm or ranch that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural
activities, including farming, wineries, or
ranching,;
historical, cultural, or
harvest-your-own activities, or;
natural activities and attractions; or the rental, in compliance with applicable transient lodging
laws, of a single-family residence on the farm or ranch that is so rented for
periods of not less than one week each. An activity is an
agritourism activity whether or not the participant paid to participate in the activity.
"Agritourism professional" means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation.
"Farm or ranch" means one or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.
"Inherent risks of agritourism activity" mean those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions; natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.
"Participant" means any person, other than an agritourism professional, who engages in an agritourism activity.
§ 3.2-6402. Notice required.
A. Every agritourism professional shall post and maintain
signs that contain the notice specified in subsection B. The sign
signs shall be placed in a clearly visible location at the
entrance to the agritourism location and at the site of the agritourism
activity. The notice shall consist of a sign in
black letters, with each letter to be a minimum of one inch in height. Every
written contract entered into by an agritourism professional for the providing
provision of professional services, or instruction, or the rental of equipment or lodging to a participant,
whether or not the contract involves agritourism activities on or off the
location or at the site of the agritourism activity, shall contain in clearly
readable print the notice specified in subsection B.
B. The signs and contracts described in subsection A shall
contain the following a notice: composed of the word
"WARNING" or "ATTENTION" followed by the
words "Under Virginia law, there is no liability for
an injury to or death of a participant in an agritourism activity conducted at
this agritourism location if such 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 land, 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."
C. Failure to comply with the requirements concerning signs and notices provided in this section shall prevent an agritourism professional from invoking the privileges of immunity provided by this chapter.