Sec. 4. As used in this chapter, “inherent risks of agritourism activities” means those conditions, dangers, or hazards that are an integral part of an
agritourism activity, including the following:
(1) Surface and subsurface conditions and natural conditions of land, vegetation, and waters.
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Terms Used In Indiana Code 34-31-9-4
- agritourism activity: means :
Indiana Code 34-31-9-2
- agritourism provider: means a person who provides the opportunity for agritourism activities whether or not the participant pays to participate in the activity. See Indiana Code 34-31-9-3
- land: means all real property, land, and water including all structures, fixtures, equipment, and machinery located on the property. See Indiana Code 34-31-9-5
- participant: means any person, other than the agritourism provider, who engages in an agritourism activity. See Indiana Code 34-31-9-7
- person: means an individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, or other legal or commercial entity. See Indiana Code 34-31-9-8
(2) The behavior of wild or domestic animals.
(3) The ordinary dangers of structures or equipment when the structures or equipment are being:
(A) used; or
(B) stored;
by an agritourism provider in a manner and for a purpose for which a reasonable person should know that structures or equipment is intended.
(4) The negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism provider, failing to exercise reasonable caution while engaging in the agritourism activity, or failing to obey written warnings or postings on the premises of the agritourism operation.
As added by P.L.3-2011, SEC.1.