W. Va. Code R. § 61-37-2 - Definitions
2.1. "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.
Notes
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