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IC 34-31-9-2
"Agritourism activity"
Sec. 2. As used in this chapter, "agritourism activity" means:
(1) an activity at an agricultural, horticultural, or agribusiness
operation where the general public is allowed or invited to
participate in, view, or enjoy the activities for recreational,
entertainment, or educational purposes, including farming,
ranching, historic and cultural agricultural activities, self-pick
farms, or farmers' markets;
(2) an activity involving an animal exhibition at an agricultural
fair; or
(3) natural resource based activities and attractions, including
hunting, fishing, hiking, and trail riding.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-3
"Agritourism provider"
Sec. 3. As used in this chapter, "agritourism provider" means a
person who provides the opportunity for agritourism activities
whether or not the participant pays to participate in the activity. The
term includes employees or authorized agents who offer or conduct
agritourism activities on behalf of an agritourism provider.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-4
"Inherent risks of agritourism activities"
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.
(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.
IC 34-31-9-5
"Land"
Sec. 5. As used in this chapter, "land" means all real property,
land, and water including all structures, fixtures, equipment, and
machinery located on the property.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-6
"Monetary consideration"
Sec. 6. As used in this chapter, "monetary consideration" means
a fee or other charge for permission to go upon a tract of land. The
term does not include:
(1) the gratuitous sharing of game, fish, or other products of the
recreational use of the land;
(2) services rendered for the purpose of wildlife management;
or
(3) contributions in kind made for the purpose of wildlife
management.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-7
"Participant"
Sec. 7. As used in this chapter, "participant" means any person,
other than the agritourism provider, who engages in an agritourism
activity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-8
"Person"
Sec. 8. As used in this chapter, "person" means an individual,
governmental entity, corporation, limited liability company,
partnership, unincorporated association, or other legal or commercial
entity.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-9
Effect of receiving compensation
Sec. 9. An activity may be an agritourism activity whether or not
a participant provides monetary or other valuable compensation to
participate in the activity.
IC 34-31-9-10
Immunity from liability
Sec. 10. (a) Subject to section 11 of this chapter, an agritourism
provider is not liable for:
(1) an injury to a participant; or
(2) the death of a participant;
resulting from an inherent risk of agritourism activities.
(b) Subject to section 11 of this chapter, a participant or
participant's representative may not:
(1) make a claim against;
(2) maintain an action against; or
(3) recover from;
an agritourism provider for injury, loss, damage, or death of the
participant resulting from an inherent risk of agritourism activities.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-11
Exceptions to immunity for certain acts and omissions
Sec. 11. Section 10 of this chapter does not prevent or limit the
liability of an agritourism provider:
(1) who has actual knowledge or reasonably should have known
of:
(A) a dangerous condition on the land, facilities, or
equipment used in the agritourism activity; or
(B) the dangerous propensity of a particular animal used in
the agritourism activity;
and does not make the danger known to the participant and the
danger proximately causes injury, damage, or death to the
participant;
(2) who fails to properly train, or improperly or inadequately
trains, employees who are actively involved in agritourism
activities and an act or omission of the employee proximately
causes injury, damage, or death to the participant;
(3) who commits an act or omission that:
(A) constitutes willful or wanton disregard for the safety of
the participant; and
(B) caused the injury or death of the participant; or
(4) who intentionally injures the participant.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-12
Requirements for providers who receive monetary consideration;
signs; release; warning notice
Sec. 12. (a) This chapter does not apply to an agritourism provider
who receives monetary consideration from an individual other than
a government agency unless an agritourism provider:
(1) posts and maintains a sign on which is printed the warning
notice set forth in section 14 of this chapter; or
IC 34-31-9-13
Written contract warning notice
Sec. 13. If there is a written contract between an agritourism
provider and a participant for the providing of access, services,
instruction, or the rental of equipment to a participant for purposes
of engaging in or participating in an agritourism activity, the contract
must contain in clearly readable print the warning notice specified in
section 14 of this chapter.
As added by P.L.3-2011, SEC.1.
IC 34-31-9-14
Contents of warning notice
Sec. 14. The warning notice that must be printed on a sign under
section 12 of this chapter and included in a written contract under
section 13 of this chapter is as follows: