West Virginia Code 19-36-2 – Definitions
Unless the context of usage clearly requires otherwise:
Terms Used In West Virginia Code 19-36-2
- Agritourism business: means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation. See West Virginia Code 19-36-2
- Agritourism professional: means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business. See West Virginia Code 19-36-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Participant: as used in this article means any person, other than the agritourism professional, who engages in an agritourism activity. See West Virginia Code 19-36-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- ranch: means an area of land used for the production, cultivation, growing, harvesting, or processing of agricultural products. See West Virginia Code 19-36-2
“Agritourism” activity means any lawful 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.
“Agritourism business” means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation.
“Agritourism professional” means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business.
“Farm” or “ranch” means an area of land used for the production, cultivation, growing, harvesting, or processing of agricultural products.
“Inherent risks of agritourism activity” are those dangers or conditions that are part of an agritourism activity including certain hazards, natural conditions of land and terrain, 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” as used in this article means any person, other than the agritourism professional, who engages in an agritourism activity.