Are You Protected This Hunting Season?
Hunting season in Texas is in full swing and before you know it, you, your family, and friends will be gathering on your property or property you lease to enjoy this year’s hunting season. But, did you know that inviting guests on your property or leasing your property for such activities could subject you to liability if they are injured while on your property? Don’t worry! There are tools you can utilize to protect yourself this hunting season.
Texas law provides landowners with limited liability for agritourism activities under its Texas Agritourism Act. The Texas Agritourism Act provides that a landowner is not liable for a guest’s injury arising out of their participation in an agritourism activity on the landowner’s property. An agritourism activity is defined as “an activity on agricultural land for recreational or educational purposes of participants, without regard to compensation.” This includes activities such as, hunting, fishing, swimming, boating, camping, hiking, operation of off-road motorcycles and automobiles, the use of off-highway vehicles, nature study, waterskiing and other water sports, bicycling and mountain biking, rock climbing, and any other activity associated with enjoying nature or the outdoors.
Requirements - In order to take advantage of the limitation of liability provided by the Texas Agritourism Act, you must either (1) have a liability waiver signed OR (2) post proper warning signs around your property.
Liability Waiver – The liability waiver must be (1) signed by the guest or the guest’s parent/guardian if they are a minor, (2) separate from any other agreement or lease between the guest and you, and (3) contain the prescribed “Agreement and Warning” statement provided by the statute printed in 10-point bold font.
Signage – The warning signs must be posted in a clearly visible location or near the faculties where the agritourism activities take place. The location could be an entrance, a front gate, a main building, or a barn or other outbuildings. The sign must also contain the prescribed “Warning” language provided by the statute.
Exceptions – The protections of the Texas Agritourism Act won’t apply in several circumstances. The Texas Agritourism Act does not apply to employees of the landowner and it won’t apply if an injury: (1) is caused by your own negligence suggesting a disregard for the safety of your guests, (2) you have actual knowledge or reasonably should have known about a dangerous condition on the land, facilities, or equipment used in the agritourism activities, (3) you have actual knowledge or reasonably should have known about the tendency of a particular animal to endanger the safety of your guests, (4) you fail to properly train your employees, or (5) if you intentionally cause the injury.
Important Note – The Texas Agritourism Act is not a substitute for liability insurance. A landowner should maintain insurance that covers the activities that take place on the property. Please consult with your insurance agent to determine if your policy is adequate to cover you for the risks associated with such activities.
Landowner Tool Kit – If you would like our help with identifying and protecting you from the risks associated with the use of your property for agritourism activities, please contact us to discuss our Landowner Tool Kit, which can consist of some or all of the following:
Liability Waiver – We can provide you with a liability waiver that meets the statutory requirements of the Texas Agritourism Act, and that is also tailored to the ownership and activities unique to your property.
Signage – We can direct you to where to buy signage that meets the statutory requirements of the Texas Agritourism Act and provide advice on the best placement of the signage specific to your property.
Lease Agreement – If you lease your property for agritourism activities, we can help you construct a lease agreement that will help protect you and that also specifies any restrictions you want to place on the use of the property or hunting activities. If you already have a lease agreement you use, we would be happy to review it for you.
Limited Liability Company – If you hold property that you allow others to use for agritourism activities in your personal name, it may make sense for you to transfer ownership of the property into a limited liability company to help protect your other personal assets from liability exposure. We are happy to review the ownership structure of your property and advise you on if using a limited liability company makes sense for you. If so, we can help you with the formation of a limited liability company and the transfer of the ownership of the property to the limited liability company.
