§ 75A.004.Signed Agreement and Warning

Title 4. Liability in Tort · Chapter 75A. Limited Liability for Agritourism Activities · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 75A.004 makes a signed agreement effective if signed before participation, by the participant or a minor's parent, in a separate document, in 10-point bold type, containing the prescribed language.

Full Text of § 75A.004

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For the purposes of limitation of liability under Section 75A.002(a)(2), a written agreement and warning statement is considered effective and enforceable if it:

(1)is signed before the agritourism participant participates in an agritourism activity;

(2)is signed by the agritourism participant or, if the agritourism participant is a minor, the agritourism participant's parent, managing conservator, or guardian;

(3)is in a document separate from any other agreement between the agritourism participant and the agritourism entity other than a different warning, consent, or assumption of risk statement;

(4)is printed in not less than 10-point bold type; and

(5)contains the following language: AGREEMENT AND WARNING I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.

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Plain-English Summary

The alternative route, with five conditions that must all be met.

The written agreement and warning statement is effective and enforceable if it:

is signed before the participant participates; is signed by the participant or, if a minor, the participant's parent, managing conservator, or guardian; is in a document separate from any other agreement between them other than a different warning, consent, or assumption of risk statement; is printed in not less than 10-point bold type; and contains the prescribed language.

The separate-document condition is the one operators most often miss. The warning cannot be a clause buried in a rental agreement or a booking form. It may sit alongside other warning or consent statements, and nothing else.

The type size is prescribed — not less than 10-point bold — which forecloses the fine-print version.

The prescribed language is written in the first person and begins with the heading AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.

Note that only this chapter offers the signed-agreement alternative. The four later 75-series chapters rely on the posted sign alone.

Frequently Asked Questions

What makes an agritourism waiver enforceable in Texas?

It must be signed before participation, by the participant or a minor's parent or guardian, in a separate document, in at least 10-point bold type, and contain the statutory language.

Can the waiver be part of a booking form?

No. It must be in a document separate from any other agreement, other than a different warning, consent, or assumption of risk statement.

Do the other 75-series chapters have this option?

No. Chapters 75B, 75C, 75D, and 75E rely on the posted sign alone.

Amendment History

Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source