On July 1, 2021, Vermont Act 31 (H.89), An Act Relating to Limiting Liability for Agritourism, went into effect. Act 31 acknowledges that there are “inherent risks” in participating in agritourism activities and shifts those risks to properly warned consumers. To qualify for the limitation on liability, an agritourism host must post the required warning notice in a clearly visible location at or near the main entrance to each agritourism activity and include the same warning notice language in every written contract between the agritourism host and a participant. According to this bill, you must have clear signage that says:
“WARNING: Under Vermont law, an agritourism host is not liable for the injury or death of a participant in an agritourism activity resulting from the inherent risk of the agritourism activity. Inherent risks include the risk of animals, weather, land conditions, and the potential for you as a participant to act in a negligent way that may contribute to your own injury or death. You are assuming the risk of participating in this agritourism activity.” This signage must be clearly visible at the entrance of each “agritourism activity.” It must be printed in black letters that are at least one inch in height