West Virginia Code § 19-36-4

Liability of agritourism businesses
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(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 ucontain in clearly legible
print the notice specified in §19-36-4(b) of this code.
(b) The signs and contracts described in §19-36-4(a) of this code must contain the following
notice:
NOTICE l
Under West Virginia law, there may be limited liability for an injury to or death of a
participant in an agritourism activity condiucted 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 agritouris m business from invoking the privileges of immunity provided by this
article. V

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