§ 5871 — Definitions

Vermont § 5871

• Jurisdiction: Vermont
• Title 12: Title 12: Court Procedure
• Ch. 212: Chapter 212: Limitation on Liability for Agritourism Activity

Text

As used in this chapter:
(1)(A) “Agritourism activity” means an interactive or passive activity that is carried out for recreational, entertainment, or educational purposes on a farm and includes farming, food production, historical, cultural, pick-your-own, and nature-based activities.
(B) “Agritourism activity” does not include lodging at a farm or shopping at a roadside farm stand or operation exclusively devoted to the sale of merchandise or food at retail.
(2) “Agritourism host” means a person who provides the facilities and equipment necessary to participate in an agritourism activity.
(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria established by the Required Agricultural Practices.
(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).
(5) “Inherent risk” means any danger or condition that is an integral part of, or arises from, an agritourism activity, including:
(A) the propensity of a wild animal or domestic animal to behave in ways that may result in injury or death to persons on or near the wild animal or domestic animal;
(B) a hazard such as a surface or subsurface condition;
(C) a natural condition of land, vegetation, or waters;
(D) the ordinary dangers of structures or equipment used in farming; and
(E) the potential of a participant to act in a negligent way that may contribute to injury or death to the participant or others, such as failing to follow safety procedures or failing to act with reasonable caution while engaging in an agritourism activity.
(6)(A) “Participant” means any individual who is invited to observe or participate in an agritourism activity, regardless of whether the individual paid to observe or participate in the agritourism activity.
(B) “Participant” does not mean an individual who is paid to participate in an agritourism activity.

Legislative History

(Added 2021, No. 31, § 1.)