LIMITED LIABILITY

(a) Except as provided by Subsection (b), an agritourism entity is not liable to any person for an agritourism participant injury or damages arising out of the agritourism participant injury if: (1) at the time of the agritourism activity from which the injury arises, the warning prescribed by Section 75A.003 was posted in accordance with that section; or (2) the agritourism entity obtained in accordance with Section 75A.004 a written agreement and warning statement from the agritourism participant with respect to the agritourism activity from which the injury arises. (b) This section does not limit liability for an injury: (1) proximately caused by: (A) the agritourism entity's negligence evidencing a disregard for the safety of the agritourism participant; (B) one of the following dangers, of which the agritourism entity had actual knowledge or reasonably should have known: (i) a dangerous condition on the land, facilities, or equipment used in the activity; or (ii) the dangerous propensity, that is not disclosed to the agritourism participant, of a particular animal used in the activity; or (C) the agritourism entity's failure to train or improper training of an employee of the agritourism entity actively involved in an agritourism activity; or (2) intentionally caused by the agritourism entity. (c) A limitation on liability provided by this section to an agritourism entity is in addition to other limitations of liability.