BOARD00951

• Board Meeting Date: 3/24/2003
• Description: State Legislative Issues
• Board Meetings - Doc Type: Memo

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CONDUCTED;
(III) CERTAIN HAZARDS, SUCH AS GROUND CONDITlONS, SURFACE
GRADE, WEATHER CONDITIONS, AND ANIMAL BEHAVIOR;
(IV) COLLISIONS WITH OTHER PERSONS OR OBJECTS;
(V) THE TYPES AND THE COMPLEXITY OF EQUIPMENT USED BY THE
PARTICIPANTS;
(VI) MALFUNCTIONS WITH EQUIPMENT USED BY THE
PARTICIPANTS;
(VII) THE POTENTIAL OF A PARTICIPANT TO ACT IN A NEGLIGENT
MANNER THAT MAY CONTRIBUTE TO INJURY INCURRED BY THE
P ARTICIP ANT OR OTHERS, SUCH AS IMPRUDENT SHOWMANSHIP, FAILING TO
MAINTAIN CONTROL OVER HIS OR HER EQUIPMENT, OR NOT ACTING WITHIN
HIS OR HER ABILITY.
(g) "PARTICIPANT" MEANS A PERSON WHO ENGAGES IN AN
AGRICULTURAL RECREATION ACTIVITY, WHETHER OR NOT AFEE IS PAID TO
PARTICIPATE IN THE ACTIVITY.
(3) EXCEPT AS PROVIDED IN SUBSECTIONS (4) AND (5) OF THIS
SECTION, AN ACTIVITY INSTRUCTOR OR EQUIPMENT PROVIDER OR FACILITY
PERSON SHALL NOT BE CIVILLY LIABLE FORAN INJURY TO OR THE DEATH
OF A PARTICIPANT RESULTING FROM THE INHERENT RISKS OF
AGRICULTURAL RECREATION ACTIVITIES PERFORMED OR CONDUCTED ON
OR IN A FACILITY. A PARTICIPANT OR A PARTICIPANT'S REPRESENTATIVE
MAY NOT MAKE ANY CLAIM AGAINST, MAINTAIN AN ACTION AGAINST, OR
RECOVER FROM AN ACTIVITY INSTRUCTOR OR EQUIPMENT PROVIDER OR
FACILITY PERSON FOR INJURY, LOSS, DAMAGE, OR DEATH OF THE
PARTICIPANT RESULTING FROM ANY OF THE INHERENT RISKS OF
AGRICULTURAL RECREATION ACTIVITIES PERFORMED OR CONDUCTED ON

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