28.2-1107 - Warning required. - Virginia Statutes

§ 28.2-1107. Warning required.

A. Every marine tourism professional shall post and maintain signs thatcontain the warning notice specified in subsection B. The sign shall beplaced in a clearly visible location at the entrance to and the site of themarine tourism activity. The warning notice shall consist of a sign in blackletters, with each letter to be a minimum of one inch in height. Everywritten contract entered into by a marine tourism professional for theproviding of professional services, instruction, or the rental of equipmentto a participant, whether or not the contract involves marine tourismactivities on or off the location or at the site of the marine tourismactivity, shall contain in clearly readable print the warning noticespecified in subsection B.

B. The signs and contracts described in subsection A shall contain thefollowing notice of warning:

"WARNING: Under Virginia law, there is no liability for an injury to ordeath of a participant in a marine tourism activity if such injury or deathresults from the inherent risks of a marine tourism activity. Inherent risksof a marine tourism activity include, among others, risks of injury toproperty and the potential for you to act in a negligent manner that maycontribute to your injury or death. You are assuming the risk ofparticipating in this marine tourism activity."

C. Failure to comply with the requirements concerning warning signs andnotices provided in this section shall prevent a marine tourism professionalfrom invoking the privileges of immunity provided by this chapter.

(2009, c. 329.)