In this chapter, unless the context otherwise requires:

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Terms Used In North Dakota Code 53-13-01

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    “Agritourism activity” means any activity, including farming and ranching activities, or any historic, cultural, or natural attraction, that is viewed or enjoyed by members of the general public, for educational, recreational, or entertainment purposes, regardless of whether the member of the general public pays to participate in the activity or to view or enjoy the attraction.

2.    “Inherent risk” means:

a.    Any condition or danger that is an integral part of agritourism, including: (1) Surface and subsurface conditions of the land; (2) Surface and subsurface conditions of the water; (3) Natural conditions of land, vegetation, and water; (4) The behavior of wild or domestic animals; and

(5) Structures and equipment ordinarily used in farming or ranching; and

b.    The potential of a participant to act in a negligent manner, including failing to follow instructions or failing to exercise reasonable caution while engaging in an agritourism activity.

3.    “Participant” means a member of the general public who engages in a registered agritourism activity.

4.    “Registered agritourism activity” means an agritourism activity that is registered with the division of tourism.

5.    “Registered agritourism operator” means a person that is registered with the division of tourism and that is engaged in the provision of a registered agritourism activity.