2 Miss. Code. R. 1-2-13-101 - Definitions

1. "Agritourism" means the travel or visit by the general public to, or the practice of inviting or allowing the general public to travel to or visit a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation for the purpose of enjoyment, education, or participation in the activities of the farm, ranch, or other agricultural, aquacultural, horticultural, or forestry operation.

2. "Agritourism activity" means any activity which allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including, but not limited to, farming activities, ranching activities or historic or cultural or natural attractions.

3. "Agritourism professional" means any person, partnership, corporation, or the employees or authorized agents, who offer or conduct one or more agritourism activities, whether or not for compensation.

4. "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an agritourism activity, including, but not limited to, certain hazards involving surface and subsurface conditions, natural conditions of land, vegetation and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming, ranching, or other commercial agricultural, aquacultural, horticultural or forestry operation. 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.

5. "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity.

6. "Limited liability act" is an act to provide limited liability to persons engaged in a Mississippi registered agritourism activity; to require warning signs at agritourism farms; to promote agritourism in Mississippi; to provide for the repeal of this act; and for related purposes

7. "Limited liability" as it relates to agritourism means an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities if the warning signs (contained in this act; see below) are posted as required and, except as is provided (see below), no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activity, the agritourism professional may plead the provisions of this action as an affirmative defense.

8. "Agritourism Application" is an application for registration, as well as a venue information form for the agritourism website.

Notes

2 Miss. Code. R. 1-2-13-101

Miss. Code Ann. § 69-1-1.

Adopted October 2012.