43-39-101 - Chapter definitions. - Tennessee Statutes

43-39-101. Chapter definitions.

For purposes of this chapter, unless the context otherwise requires:

     (1)  “Agritourism activity” means any activity carried out on a farm or ranch, eligible for greenbelt classification under title 67, chapter 5, part 10, that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities or natural activities and attractions. An activity is an “agritourism activity” whether or not a participant provides compensation in money or other valuable compensation to participate in the activity. “Agritourism activity” includes an activity involving any animal exhibition at an agricultural fair, regardless of the location of the fair;

     (2)  “Agritourism professional” means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation;

     (3)  (A)  “Inherent risks of agritourism activity” means those dangers, conditions or hazards that are an integral part of an agritourism activity, including, but not limited to:

                (i)  Surface and subsurface conditions;

                (ii)  Natural conditions of land, vegetation and waters;

                (iii)  The behavior of wild or domestic animals; and

                (iv)  Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations.

          (B)  “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 an agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity;

     (4)  “Participant” means any person, other than the agritourism professional, who engages in an agritourism activity; and

     (5)  “Person” means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit.

[Acts 2009, ch. 498, § 2.]