Virginia defines agritourism, addresses injury resulting from inherent risks, lists exceptions, and requires a warning at both the entrance and activity site plus notices in specified written contracts.
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Official sources
Code of Virginia Title 3.2, Chapter 64 — Agritourism Activity Liability
Named activitiesThe definition includes farming, wineries, ranching, horseback riding, historical, cultural, harvest-your-own, natural activities, and attractions on a farm or ranch. Va. Code § 3.2-6400Liability ruleSubject to exceptions, the chapter addresses injury or death resulting from inherent risks when the warning is posted and requires the professional to plead assumption of risk as an affirmative defense. § 3.2-6401(A)ExceptionsThe chapter identifies negligence or willful or wanton disregard, known dangerous land/facility/equipment conditions or animal propensities not disclosed, and intentional injury. § 3.2-6401(B)Warning signThe sign goes at the entrance and activity site, uses black letters at least one inch high, and contains the prescribed notice. § 3.2-6402(A)-(B)ContractsWritten contracts for professional services, instruction, or equipment rental must contain the notice in clearly readable print. § 3.2-6402(A)
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The source does not decide whether a particular place is a farm or ranch or whether the activity meets every definition.
It does not replace food, alcohol, lodging, animal, transportation, building, fire, accessibility, insurance, or local rules.
No case law or fact-specific contract analysis was reviewed.
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