Getting Started

Starting an Agritourism Business

Registering as a Kansas Agritourism Business does not supersede any required local permits or ordinances. Kansas Tourism is a registering agent only for the Kansas Agritourism Promotion Act K.S.A. 32-1432 through K.S.A. 32-1438a.

Proper planning is the key to starting a successful business. The following checklist can serve as a guide for planning:

Consider your business structure (sole proprietorship, limited liability company, partnership, etc.).
Research and require appropriate requirements for zoning and other needed permits in your county or city.
Register your business with the Secretary of State's Office and receive a Federal Tax Identification Number (FEIN) for tax filing purposes.
Register your business with the Kansas Department of Revenue and receive a tax identification number for remitting sales tax.
If providing lodging or serving food to your guests, contact with the Kansas Department of Agriculture for the proper inspection and licensing requirements.
Purchase Liability Insurance coverage.
Prepare business and marketing plans for your company.

Liability

As an agritourism business owner, you take on a certain level of risk when you invite visitors onto your property. While you may not have an accident on your farm or ranch, you need to consider how you will manage the risks associated with your agritourism activity.

Layers of Protection

Seven layers of protection can be used to manage the risk of an agritourism business:

Common Sense
Statutory Protection (the Agritourism Registration process)
Warning Signage
Waivers/Releases
Business Entity (such as LLC, C-Corp., etc.)
Contracts
Agritourism Liability Insurance

For more information on liability, please refer to the Growing Agritourism in Kansas Manual.

Benefits

A layer of limited liability protection through registration and display of appropriate signage, which advises visitors of inherent risks.

Assistance in promotion of agritourism operations

Once approved as a registered agritourism business with Kansas Tourism, you may purchase and post warning signage at your agritourism business. This signage provides that participants at the agritourism business are assuming the responsibility of inherent risks. Signs are available for purchase through the Kansas Horse Council or may be manufactured by a sign company of your choice. The sign should read as follows:

"Under Kansas law, there is no liability for an injury or death of a participant in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of the such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you as a participant to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity."

For additional information about the warning signage, see Warning Signage Specifications.