Pennsylvania Agritourism Activity Protection Act

Short answer

The Act ties its limited-liability provision to both a sign and a written agreement.

Pennsylvania Act 27 states that, subject to its exceptions, an “agritourism activity provider” is not civilly liable for injury or damages to a participant when two conditions are satisfied for the activity from which the injury or damages arose:

1. A warning sign was posted in accordance with section 4.
2. The provider entered into a written agreement with the participant in accordance with section 5.

This is a summary of what the cited Act says. It is not a determination that a particular farm, activity, person, sign, ticket, agreement, injury, or claim falls within the Act.

Section 2

Who and what the Act describes

The Act defines an “agritourism activity” as a farm-related tourism or entertainment activity that takes place on agricultural land and allows members of the public, with or without a fee, to tour, explore, observe, learn about, participate in, or be entertained by an aspect of agricultural production, harvesting, husbandry, or rural lifestyle occurring on the farm.

An “agritourism activity provider” is a person who owns, operates, provides, or sponsors an agritourism activity, with or without a fee, or an employee of that person. A “participant” is an individual other than the provider’s employee who engages in an agritourism activity.

The definition of “agricultural land” depends on land being used for a “normal agricultural operation,” which Act 27 incorporates from Pennsylvania’s Right-to-Farm Law. This page does not decide whether a particular property or operation satisfies that incorporated definition.

Section 4

The warning sign: placement, size, and exact text

For notice of section 3’s limited liability, section 4 says the provider shall post and maintain the sign in a clearly visible location at or near each entrance to the farm or at the site of each agritourism activity.

The sign must be at least three feet by two feet and state:

WARNING: Read your written agreement or the back of your ticket. Under Pennsylvania law, except for limited circumstances, an agritourism activity provider is not liable for any injury to or death of a participant resulting from an agritourism activity. Do not participate in the activity if you do not wish to waive liability.

The quoted wording above is reproduced from section 4(b). Posting that wording is one stated condition of the Act’s limited-liability provision; it is not, by itself, a finding that an operation qualifies or that all conditions have been met.

Section 5

The written agreement: six criteria in the Act

Section 5 says that, for enforcing the limited liability under section 3, the written agreement is enforceable if it meets all of the following criteria:

1. It is signed before the participant engages in the agritourism activity.
2. It is signed by the participant or, for a minor or care-dependent person, the participant’s parent or guardian.
3. It is in a document separate from any other agreement between the participant and provider, except a document that includes a different warning, consent, or assumption-of-risk statement.
4. It is printed in not less than 10-point bold type.
5. It contains the warning language reproduced below.
6. Despite the first four criteria, an agreement containing substantially the same warning language may be printed on a ticket required for access to an agritourism activity.

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.

This page reproduces the statutory criteria; it does not supply an agreement form or determine that particular wording, formatting, signatures, or ticket practices are legally sufficient.

Section 3(b) and 3(c)

When the cited limited-liability provision does not apply

Section 3(b) says a provider is not immune from civil liability for injury or damages when the provider:

• acts in a grossly negligent manner and causes the injury or damages;
• purposefully causes the injury or damages;
• engages in action or inaction constituting criminal conduct that causes the injury or damages; or
• recklessly fails to warn or guard against a dangerous condition that causes the injury or damages.

Section 3(c) separately says the provider is not immune under section 3(a) for injury or damages arising from:

• Overnight accommodation
• A wedding
• A concert
• Food and beverage services

These are express limits on the protection described in section 3(a). They do not decide liability under other law.

Sections 6 and 7

Applicability and effective date

Section 6 says the Act applies to a cause of action arising on or after the effective date. Section 7 says the Act takes effect 60 days after its June 30, 2021 enactment.

Official authority

Read Pennsylvania Act 27

Citation: Act of June 30, 2021, P.L. 167, No. 27, §§ 2–7.

Issuing body: Pennsylvania General Assembly.

Open the official Act 27 information and source page ↗

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