§ 5871. Definitions
As used in this chapter:
(1)(A) “Agritourism activity” means an interactive or passive activity that is carried out
for recreational, entertainment, or educational purposes on a farm and includes farming,
food production, historical, cultural, pick-your-own, and nature-based activities.
(B) “Agritourism activity” does not include lodging at a farm or shopping at a roadside
farm stand or operation exclusively devoted to the sale of merchandise or food at
retail.
(2) “Agritourism host” means a person who provides the facilities and equipment necessary
to participate in an agritourism activity.
(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and
devoted primarily to farming that meets the threshold criteria established by the
Required Agricultural Practices.
(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).
(5) “Inherent risk” means any danger or condition that is an integral part of, or arises
from, an agritourism activity, including:
(A) the propensity of a wild animal or domestic animal to behave in ways that may result
in injury or death to persons on or near the wild animal or domestic animal;
(B) a hazard such as a surface or subsurface condition;
(C) a natural condition of land, vegetation, or waters;
(D) the ordinary dangers of structures or equipment used in farming; and
(E) the potential of a participant to act in a negligent way that may contribute to injury
or death to the participant or others, such as failing to follow safety procedures
or failing to act with reasonable caution while engaging in an agritourism activity.
(6)(A) “Participant” means any individual who is invited to observe or participate in an
agritourism activity, regardless of whether the individual paid to observe or participate
in the agritourism activity.
(B) “Participant” does not mean an individual who is paid to participate in an agritourism
activity. (Added 2021, No. 31, § 1.)
§ 5872. Limitation on duty to protect
(a) Except as provided in subsection (b) of this section, an agritourism host shall not
have a legal duty to protect a participant from the inherent risks of an agritourism
activity and shall not be liable for injury to or death of a participant or damage
to the property of a participant resulting from the inherent risks of an agritourism
activity, provided that the agritourism host posts the warning required under section 5873 of this title.
(b) Nothing in subsection (a) of this section shall limit the liability of an agritourism
host who:
(1) commits a negligent act or omission concerning the safety of a participant that proximately
causes injury or death to the participant;
(2) has actual knowledge of:
(A) a dangerous condition on the land, facilities, or equipment used in the activity,
or
(B) the dangerous propensity of an animal used in the activity, which proximately causes
injury or death to the participant, and does not make that danger known to the participant;
(3) intentionally injures a participant or intentionally damages a participant’s property;
(4) commits any other act, error, or omission that constitutes willful or wanton misconduct
or criminal conduct that proximately causes injury or death to the participant; or
(5) fails to post the warning required under section 5873 of this title.
(c) Nothing in subsection (a) of this section shall prevent or limit the liability of
an agritourism host under product liability law.
(d) Any limitation on liability afforded by this section to an agritourism host is in
addition to any other limitations on liability otherwise provided by law. (Added 2021, No. 31, § 1.)
§ 5873. Warning notice; posting; contracts
(a) To qualify for the limitation on liability under section 5872 of this title:
(1) an agritourism host shall post and maintain a sign in a clearly visible location at
or near the main entrance to each agritourism activity and in black letters at least
one inch in height containing the warning notice specified in subsection (b) of this
section; and
(2) every written contract entered into between an agritourism host and a participant
for goods or services related to an agritourism activity shall contain in clearly
visible print the warning notice specified in subsection (b) of this section.
(b) The warning notice required under subsection (a) of this section shall read: “WARNING:
Under Vermont law, an agritourism host is not liable for the injury or death of a
participant in an agritourism activity resulting from the inherent risk of the agritourism
activity. Inherent risks include the risk of animals, weather, land conditions, and
the potential for you as a participant to act in a negligent way that may contribute
to your own injury or death. You are assuming the risk of participating in this agritourism
activity.” (Added 2021, No. 31, § 1.)