West Virginia Code 19-36-4 – Liability of agritourism businesses
(a) To qualify for the limitation on liability afforded by § 19-36-3 of this code, an agritourism business shall post and maintain signs that contain the notice specified in §19-36-4(b) of this code. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The notice must be clearly legible, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly legible print the notice specified in §19-36-4(b) of this code.
Terms Used In West Virginia Code 19-36-4
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
(b) The signs and contracts described in §19-36-4(a) of this code must contain the following notice:
NOTICE
Under West Virginia law, there may be limited liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism business if the 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 landscape, terrain, 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 notices provided in this section will prevent an agritourism business from invoking the privileges of immunity provided by this article.