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1 (3) "Inherent risks of agritourism activity" means those dangers <br />2 or conditions that are an integral part of an agritourism activity <br />3 including certain hazards, such as surface and subsurface conditions, <br />4 natural conditions of land, vegetation, waters, the behavior of wild <br />5 or domestic animals, and ordinary dangers of structures or equipment <br />6 ordinarily used in farming and ranching operations. Inherent risks of <br />7 agritourism activity also include the potential of a participant to <br />8 act in a negligent manner that may contribute to injury to the <br />9 participant or others, including failing to follow instructions given <br />10 by the agritourism professional or failing to exercise reasonable <br />11 caution while engaging in the agritourism activity, unless the <br />12 participant acting in a negligent manner is a minor or is under the <br />13 influence of alcohol or drugs. <br />14 (4) "Participant" means any person, other than the agritourism <br />15 professional, who engages in an agritourism activity. <br />16 (5) "Person" means an individual, fiduciary, firm, association, <br />17 partnership, limited liability company, corporation, unit of <br />18 government, or any other group acting as a unit. <br />19 NEW SECTION. Sec. 3. (1)(a) Except as provided in subsection <br />20 (2) of this section, an agritourism professional is not liable for <br />21 injury, loss, damage, or death of a participant resulting exclusively <br />22 from any of the inherent risks of agritourism activities. <br />23 (b) Except as provided in subsection (2) of this section, no <br />24 participant or participant's representative may pursue an action or <br />25 recover from an agritourism professional for injury, loss, damage, or <br />26 death of the participant resulting exclusively from any of the <br />27 inherent risks of agritourism activities. <br />28 (c) In any action for damages against an agritourism professional <br />29 for agritourism activity, the agritourism professional must plead the <br />30 affirmative defense of assumption of the risk of agritourism activity <br />31 by the participant. <br />32 (2) Nothing in subsection (1) of this section prevents or limits <br />33 the liability of an agritourism professional if the agritourism <br />34 professional does any one or more of the following: <br />35 (a) Commits an act or omission that is grossly negligent or <br />36 constitutes willful or wanton disregard for the safety of the <br />37 participant and that act or omission proximately causes injury, <br />38 damage, or death to the participant. <br />Code Rev/ML:jcm 2 H-2492.1/17 <br />