§ 53-13-01 — Definitions

In this chapter, unless the context otherwise requires:
1. "Agritourism activity" means any activity, including farming and ranching activities, or
any historic, cultural, or natural attraction, that is viewed or enjoyed by members of the
general public, for educational, recreational, or entertainment purposes, regardless of
whether the member of the general public pays to participate in the activity or to view
or enjoy the attraction.
2. "Inherent risk" means:
a. Any condition or danger that is an integral part of agritourism, including:
(1) Surface and subsurface conditions of the land;
(2) Surface and subsurface conditions of the water;
(3) Natural conditions of land, vegetation, and water;
(4) The behavior of wild or domestic animals; and
(5) Structures and equipment ordinarily used in farming or ranching; and
b. The potential of a participant to act in a negligent manner, including failing to
follow instructions or failing to exercise reasonable caution while engaging in an
agritourism activity.
3. "Participant" means a member of the general public who engages in a registered
agritourism activity.
4. "Registered agritourism activity" means an agritourism activity that is registered with
the division of tourism.
5. "Registered agritourism operator" means a person that is registered with the division of
tourism and that is engaged in the provision of a registered agritourism activity.