2013 Wisconsin Act 269 provides immunity from liability for agricultural tourism providers in two ways.
First, the Act provides that agricultural tourism activities are "recreational activities" under recreational immunity laws. The Act also specifies that payments made to purchase products or goods offered for sale on a property where agricultural tourism occurs do not count toward the general $2,000 cap on payments received by the activity provider that is a condition under the recreational immunity law.
Second, the Act exempts an agricultural tourism provider from liability for the death of or injury to a participant in an agricultural tourism activity if both of the following conditions are met:
1. The participant is injured or killed as a result of a risk inherent in an agricultural tourism activity.
2. The agricultural tourism provider posts and maintains, in a clearly visible location at each entrance to the property where the agricultural tourism activity takes place or at the location of each agricultural tourism activity, a sign that contains the following notice in black lettering, each letter a minimum of one inch in height, on a white background:
NOTICE: A person who observes or participates in an agricultural tourism activity on this property assumes the risks inherent in the agricultural tourism activity. Risks inherent in the agricultural tourism activity may include conditions on the land, the unpredictable behavior of farm animals, the ordinary dangers associated with equipment used in farming operations, and the potential that a participant in the agricultural tourism activity may act in a negligent way that may contribute to injury or death. The agricultural tourism provider is not liable for the injury or death of a person involved in an agricultural tourism activity resulting from those inherent risks.
The Wisconsin Agricultural Tourism Association does not have signs available for purchase. To obtain a sign please provide this information to a local printing company. By following the statute they can make a sign that fits your needs. Thank you.