Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-37-2 - Definitions2.1. "Agritourism" means any lawful activity carried out on a farm or ranch that allows members of the general public for recreational, entertainment, or educational purposes to view or enjoy rural activities. Agritourism specifically includes weddings and receptions held on farms or ranches, or activities that take place on a forest farm.2.2. "Agritourism business" means any person, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group or entity which is engaged in the business of providing one or more agritourism activities, whether or not for compensation.2.3. "Agritourism professional" means owners, operators, employees, and volunteers working for or under the direction of the operators of an agritourism business. This term includes agritourism business employees, volunteers, and operators.2.4. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture.2.5. "Equipment" means the items necessary for a particular agritourism activity.2.6. "Facilities" means a place, amenity or piece of equipment designed, built, installed, or provided to serve a specific function or service.2.7. "Farm" means an area of land used for the production, cultivation, growing, harvesting, or processing of agricultural products.2.8. "Guided activities" means activities led by an agritourism professional as part of an agritourism business.2.9. "Inherent risks" are those dangers or conditions that are part of an agritourism activity including certain hazards, natural conditions of land and terrain, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and/or ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity. 2.10. "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.2.11. "Posted warnings" means any and all signs placed at the site of the agritourism activity by the agritourism professional related to the proper operation of the agritourism activity, appropriate and/or inappropriate actions by agritourism participants, and any other directions or information to be observed and heeded by agritourism participants.2.12. "Ranch" means an area of land used for the breeding and/or raising of animals.