(A) Every agritourism professional must post and maintain at least one sign that contains a warning notice. The sign must be clearly visible and placed at the entrance of the agritourism activity or another conspicuous location on or near where agritourism activities are conducted. Each letter on the sign must be a minimum of one inch in height.

(B) Every written contract entered into with a participant by an agritourism professional for professional services, instruction, or rental of equipment related to an agritourism activity, must have a printed warning notice in or affixed to the contract. The warning notice must be clearly legible, and the words must be in boldface, twelve-point type.

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Terms Used In South Carolina Code 46-53-50

  • 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 participate in rural activities. See South Carolina Code 46-53-10
  • Agritourism professional: means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. See South Carolina Code 46-53-10
  • Contract: A legal written agreement that becomes binding when signed.
  • Participant: means any person, other than the agritourism professional, who engages in an agritourism activity. See South Carolina Code 46-53-10

(C) The warning notices required in this section must contain the following statement:

"WARNING !

Under South Carolina law, an agritourism professional is not liable for an injury to or the death of a participant in an agritourism activity resulting from an inherent risk associated with the agritourism activity. (Chapter 53 of Title 46, Code of Laws of South Carolina, 1976)."

(D) Failure to comply with the requirements in this section concerning warning signs and notices prevents an agritourism professional from pleading assumption of the risk of an agritourism activity as provided in § 46-53-30 and invoking the privileges of immunity provided in § 46-53-20.

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