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Current as of January 01, 2024 | Updated by FindLaw Staff
For the purpose of enforcing the limited liability under section 3, 1 a written agreement between an agritourism activity provider and a participant shall be enforceable if the written agreement meets all the following criteria:
(1) The written agreement is signed before the participant engages in an agritourism activity.
(2) The written agreement is signed by the participant or, if the participant is a minor or care-dependent person, the participant's parent or guardian.
(3) The written agreement is in a document separate from any other agreement between the participant and the agritourism activity provider, except for a document that includes a different warning, consent or assumption of risk statement.
(4) The written agreement is printed in not less than 10-point bold type.
(5) The written agreement contains the following language:
“AGREEMENT AND WARNING: I understand and acknowledge that, except for limited circumstances listed below, an agritourism activity provider is not liable for any injury to or death of a participant resulting from an agritourism activity. I understand that I have accepted all risk of injury, death, property damage and other loss that may result from an agritourism activity. I understand that an agritourism activity provider is not protected from liability if the provider:
(1) Performs an act in a grossly negligent manner and causes injury or damages to a participant.
(2) Purposefully causes a participant's injury.
(3) Acts or fails to act in a way that constitutes criminal conduct.
(4) Recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant. A dangerous condition is a condition that creates an imminent and substantial risk of injury or damages to a participant.”
(6) Notwithstanding paragraphs (1), (2), (3) and (4), a written agreement that contains substantially the same language under paragraph (5) may be printed on a ticket required for access to an agritourism activity.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 3 P.S. Agriculture § 2605. Acknowledgment of limited civil liability - last updated January 01, 2024 | https://codes.findlaw.com/pa/title-3-ps-agriculture/pa-st-sect-3-2605.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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