Section 3. Limited civil liability for agritourism activity providers.
(a) Liability.--Except as otherwise provided by subsections (b) and (c), an agritourism activity provider shall not be civilly liable for injury or damages to a participant if:
(1) at the time of the agritourism activity from which the injury or damages occurred, a warning sign was posted in accordance with section 4; and
(2) the agritourism activity provider entered into a written agreement with the participant in accordance with section 5 with respect to the agritourism activity from which the injury or damages occurred.
(b) Exceptions.--An agritourism activity provider shall not be immune from civil liability for injury or damages if any of the following apply:
(1) The agritourism activity provider performs an act in a grossly negligent manner and causes injury or damages to a participant.
(2) The agritourism activity provider purposefully causes the injury or damages to a participant.
(3) The agritourism activity provider's action or inaction constitutes criminal conduct and causes the injury or damages to a participant.
(4) The agritourism activity provider recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant.
(c) Exceptions for certain actions.--An agritourism activity provider shall not be immune from civil liability under subsection (a) for injury or damages arising from:
(1) Overnight accommodation.
(2) A wedding.
(3) A concert.
(4) Food and beverage services.