(a) Except as provided by Subsection (b), an agritourism entity is not liable to any person for an agritourism participant injury or damages arising out of the agritourism participant injury if:
(1) at the time of the agritourism activity from which the injury arises, the warning prescribed by Section 75A.003 was posted in accordance with that section; or
(2) the agritourism entity obtained in accordance with Section 75A.004 a written agreement and warning statement from the agritourism participant with respect to the agritourism activity from which the injury arises.
(b) This section does not limit liability for an injury:
(1) proximately caused by:
(A) the agritourism entity’s negligence evidencing a disregard for the safety of the agritourism participant;
(B) one of the following dangers, of which the agritourism entity had actual knowledge or reasonably should have known:
(i) a dangerous condition on the land, facilities, or equipment used in the activity; or
(ii) the dangerous propensity, that is not disclosed to the agritourism participant, of a particular animal used in the activity; or
(C) the agritourism entity’s failure to train or improper training of an employee of the agritourism entity actively involved in an agritourism activity; or
(2) intentionally caused by the agritourism entity.
(c) A limitation on liability provided by this section to an agritourism entity is in addition to other limitations of liability.