Please read the terms and conditions of the park by by selecting each heading to expand. Select Apply below to begin a CUA application.
The National Park Service has terms and conditions on all commercial service agreements. CUA Conditions apply to all Commercial Use Authorizations. Park Specific Conditions are specific terms and conditions based on the services provided at that specific park. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications. Providing such information to the park superintendent for approval.
CUA Conditions
Additional Information: The National Park Service has terms and conditions on all commercial service agreements. The following terms and conditions will apply to all Commercial Use Authorizations. There may be additional terms and conditions based on the services provided. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications and providing such information to the park superintendent for approval.
CONDITIONS OF THIS AUTHORIZATION
- False Information: The holder is prohibited from knowingly giving false information. To do so will be considered a breach of conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)].
- Legal Compliance: The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire all permits or licenses of State or local government, as applicable, necessary to provide the services described above, and must operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable park area policies, procedures and regulations. All vehicles/vessels/aircraft are required to be registered and the operators are required to have the proper licenses to operate them commercially, as required by law or regulation.
- Employee Conduct: The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.
- Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
- Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
- Liabilities and Claims: This authorization is issued upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this authorization or occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection herewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.
- Insurance: Holder agrees to carry liability insurance against claims occasioned by the action or omissions of the holder, its agents and employees in carrying out activities and operations under this authorization. The policy shall name the United States of America as additional insured. Holder agrees to have on file with the park copies of the above insurance with the proper endorsements.
- Exculpatory Agreements: Any exculpatory agreement used by the CUA holder or entity providing services authorized by the CUA must comply with applicable state and federal law and NPS policy. The exculpatory agreement must not waive liability or preclude claims against or require indemnifying the CUA holder or entity providing services authorized by the CUA for gross negligence, recklessness, or willful misconduct. The exculpatory agreement must waive liability against the United States by including the following language: “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.” The Service will not as a matter of standard practice, collect, review or approve the exculpatory agreement. The CUA holder may consider consulting with their own counsel in the development of its exculpatory agreement to ensure they comply with NPS policy and Applicable Law. However, the Service reserves the right to review the exculpatory agreement and any modifications or replacements of the agreement at any time during the term of the CUA and require any revisions to ensure all the requirements of NPS policy are met. The NPS also reserves the right to require changes to the exculpatory agreement or, to the extent permitted by law, revoke the allowance to use the exculpatory agreement, if the Service determines the agreement is not compliant. Any determination by the Service that an exculpatory agreement is policy-compliant does not convey the NPS’s view that the agreement is valid, enforceable, or otherwise endorsed by the NPS for any purpose.
- CUA Fees: At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and processing the application and managing and monitoring the authorized activity. Administrative costs for the application process must be paid when the application is submitted. Monitoring fees and any additional costs incurred by the park to support the commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and the area Superintendent.
- Benefit: No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this authorization or to any benefit that may arise from this authorization. This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.
- Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
- Suspension and Revocation: This authorization may be suspended or revoked upon breach of any of the conditions herein or at the discretion of the area Superintendent.
- Preference or Exclusivity: The holder is not entitled to any preference to renewal of this authorization except to the extent otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.
- Construction: The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not engage in any groundbreaking activities without the express, written approval of the area Superintendent.
- Reporting: The holder must submit annually the CUA Annual Report (NPS Form 10-660) by February 28 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request any other specific information related to the holder’s operations that the area Superintendent may request, including but not limited to, visitor use statistics, and resource impact assessments.
- Accounting: The holder is to maintain an accounting system under which its accounts can be readily identified within its system of accounts classification. This accounting system must be capable of providing the information required by this authorization. The holder grants the United States of America access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.
Paid Sick Leave: The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
- Intellectual Property of the National Park Service: Except with the written authorization of the Director of the National Park Service, the Holder shall not assert any legal claim that the Holder or any related entity holds a trademark, tradename, servicemark or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof, including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.
- Nondiscrimination: The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.
- Notification of Employee Rights: The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.
Park Specific Conditions
1. Park Operations: Approval for activities is contingent on the availability of open park areas. Areas may be closed at any time due to forestry operations, weather conditions, or other conditions at any time. If an area is closed during your permitted activity, access is not allowed. The CUA holder and employees must carry the valid permit at all times (printed or digital) and present it to park staff upon request.
2. Legal Compliance: The holder shall exercise this privilege subject to the supervision of the Superintendent and must comply with all applicable laws and regulations. CUA holders and their employees must adhere to all Park Specific Conditions, Superintendent’s Compendium and Federal and State Laws.
3. Business Operations:
-This authorization does not permit advertising, soliciting business, collecting fees, or selling goods or services on NPS-controlled lands. All commercial activities, excluding the service itself, must occur outside the park, including marketing, advertising, use or construction of temporary or permanent structures and signs, the negotiation of compensation with the customer, or the solicitation or receipt of money or other compensation. Advertising for the permitted activity must not state or imply endorsement by the NPS and must not depict or suggest prohibited or unauthorized activities.
-Transferring this authorization to another entity or subcontracting services is prohibited.
4. Restrictions on Use of Motor Vehicles and Bicycles: The use of motorized vehicles and/or bicycles on the carriage roads is prohibited. Consult park staff in advance of your permit for guidance on the use of power-driven mobility devices (OPDMDs).
5. Parking:
-All vehicles associated with the permitted activity must use established parking lots. Parking directly adjacent to Marsh-Billings-Rockefeller NHP includes the shared Billings Farm & Museum parking lot (use overflow/RV lot if bringing more than two vehicles) and the Prosper Trailhead parking lot. No parking spaces may be reserved or blocked, and vehicles should not idle. Drivers must turn off engines when parked.
-One vehicle is permitted to use the accessible parking area available behind the Marsh-Billings-Rockefeller mansion for those who are unable to walk up the steep hill. Vehicles may drive up to the accessible parking area to drop off employees/clients and return to the parking lot. Follow accessible parking signs from the entrance crosswalk. For more details on accessibility, visit Accessibility.
6. Area Use: This authorization is applicable only for the use of the area, term, and conditions designated herein. The area(s) authorized for use under this CUA must be left in substantially the same condition as it was prior to the activities authorized in this permit. This CUA does not authorize priority or exclusive use of park areas. All use is on a first come, first served basis. The holder must not monopolize public areas to the exclusion of other visitors. This authorization does not grant a preferential or exclusive right to conduct business in any NPS administered area.
7. Group Size: The maximum group size is 34, including guides. To minimize resource damage and congestion, groups larger than 16 participants must split into smaller groups and avoid clustering on trails and parking areas. Carpooling is encouraged.
8. Guide Requirements: Each guide or trip leader operating within Marsh-Billings-Rockefeller NHP must meet the following minimum qualifications:
-All guides must be currently certified in basic first aid and CPR, with documentation available upon request by NPS.
-Each group must carry and be familiar with a basic first aid kit suitable for the group size.
-Guides are encouraged to carry a park trail map at all times; these can be downloaded from the park website (cell service on trails is limited) or obtained in paper format at the Carriage Barn Visitor Center.
-Guides must be at least 18 years old, capable of performing all job functions, and trained in safety, resource protection, park regulations, and the requirements of the CUA and its attachments.
9. Incident Reporting: Report any incidents involving personal injury, property damage, or wildlife harm immediately to Woodstock, VT emergency services by calling 911. For non-emergencies, call (802) 457-1420. CUA staff must remain on-site until law enforcement arrives. After contacting law enforcement, call (802) 457-3368 ext. 0 when the visitor center is open to inform park staff of the incident. If the visitor center is closed, contact the CUA office directly for assistance in directing EMTs or law enforcement to your location.
-Safety Plan: CUA holders are strongly encouraged to develop a safety plan that includes contingency plans for participant injury, foul weather, and other emergencies. This plan should ensure preparedness for incidents and provide guides with a trail map, emergency contact numbers for emergency services, and park contacts. You are welcome to share this plan with the park in advance for staff awareness.
10. Behavior and Conduct: The holder and its agents must interact politely with the public and with NPS employees, volunteers, or partners. The holder must address any conduct issues among their employees that could affect safety, experience, enjoyment, and protection of visitors and stewards of public land.
11. Orientations: The CUA holder or employee must provide an orientation to all clients before the trip, covering safe practices, Leave No Trace principles, park rules, and the specific risks of the trip. Each group must have an identified trip leader who remains with the group at all times. If a party is divided into more than one group, each group will have a trip leader.
12. Signs/Markings: No signs may be placed on the ground, on existing signs, or on trees directing participants. No markings of any kind shall be placed on NPS Property.
13. Hiking Safety
-Trails are closed from sunset to sunrise. All CUA holders, employees, participants, and materials must vacate trails by sunset.
-Hikers should yield to horses by slowly and calmly stepping off to the downhill side of a trail. If approaching from behind, announce your presence and direction. Avoid sudden movements or loud noises.
14. Resource Protection:
CUA holders must stay on established, authorized, NPS maintained trails and should not enter wetlands, streams, or water bodies. The use of unauthorized or social trails is prohibited.
Harassing, feeding, attracting, or transporting wildlife is prohibited.
Alterations to the scenery, landscape, and vegetation are not allowed. Trimming or moving of tree branches, grasses, logs, or rocks is prohibited.
Taking plants, wood, fish, wildlife, rocks or minerals is prohibited without explicit approval. See Superintendent’s Compendium for restrictions on gathering for personal consumption.
Swimming, wading, fishing, camping, and fires are prohibited.
Destruction of archaeological sites and unauthorized removal of archaeological objects (e.g., brick fragments, building hardware, ceramic sherds, glass fragments, nails) is illegal under the Archaeological Resource Protection Act of 1979. If you discover any unanticipated archaeological objects or sites, do not disturb them. Document the approximate location on a trail map and take a photo if possible. Notify park staff as soon as possible.
15. Pets Policy: Pets are not permitted in public buildings, except for service animals and on-duty law enforcement animals. All pets must be on a six-foot leash at all times and may not be left unattended, tied to objects, or left in vehicles. This is a pack in/pack out park; pet waste must be collected and removed by owners. There are no trash cans in the park for disposal, but trash cans are available in the parking lot at Billings Farm & Museum during the summer months.
16. Trash: The CUA holder is responsible for removing all trash related to their activities in the park and is prohibited from disposing of commercial waste in park trash containers. All food scraps are considered trash and must be carried out. The CUA holder is not authorized to use park trash stations or dispose of trash in park visitor center.
17. Drones/Unmanned Aerial Vehicles (UAV): Launching or operating drones or unmanned aerial vehicles within park boundaries is prohibited.
18. Authorization Compliance: The holder and all participants authorized herein must comply with all conditions of this authorization, including all exhibits, amendments, application requirements, and written or verbal directives from the Superintendent. Failure to obtain an authorization to provide commercial services and not having a copy of the document available for inspection at any time while in the park are violations of the authorization terms for which a citation may be issued and may subject the commercial operator to penalties as prescribed by law or regulation, including exclusion from doing business in the park.
Conditions Specific to Art Instruction
-Authorized Equipment: The use of easels is limited to a total of twelve at any one instruction site at any given time. Easels must not be left unattended and must be removed by participants after each day of use and may not be left out overnight. All paint brush cleaning liquids must be collected and disposed of outside of the park.
-Unauthorized Equipment: The use of models, props, sets, lighting, and other specialized equipment is prohibited under this authorization. If any of these items are desired, they require advanced approval from the Superintendent.
-Use of the porch of the Marsh-Billings-Rockefeller Mansion is prohibited for CUA activities.
-Use of pigments, paints, or stains within five feet of historic buildings or structures (i.e. fountains, sculptures), including on the porch of the Marsh-Billings-Rockefeller Mansion, Belvedere, or Bungalow is prohibited.
-Use of indoor spaces for art instruction are prohibited unless specifically authorized. Indoor spaces, such as the Forest Center, are available for an additional fee.
-Use of glitter or sequins is prohibited on park grounds.
Insurance Requirements
Liability insurance is required for all CUA holders under the terms of the authorization. Such insurance should be of sufficient scope to cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The minimum commercial general liability insurance is $500,000 per occurrence. Liability insurance policies must name the United States of America as additional insured. The business or person that is providing the service must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General Liability as long as the passengers do not disembark.
Other Required Insurance
Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses owned/leased/rented vehicles in the performance of the service in the park. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance for interstate passenger transport is:
CUA holders authorized to transport passengers or use in the park an owned/rented/leased aircraft are required to obtain Aircraft Liability Insurance. The minimum Aircraft Liability Insurance is $1,000,000 per occurrence.
CUA holders assigned the use of park property must secure Property Insurance. The property insurance must provide the financial means for the CUA holder to repair or replace damaged park property within their care and control. The NPS will provide the Insurance Replacement Value for structures.
- All insurers for all coverages must be rated no lower than A- by the most recent edition of Best’s Key Rating Guide (Property/Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service.
- All insurers for all coverages must have Best’s Financial Size Category of at least VII according to the most recent edition of Best’s Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody’s, Standard and Poor’s, or Fitch), unless otherwise authorized by the Service
- The insurance ratings must be submitted with the CUA Application. The rating companies do not issue certificates. We require the insurance broker to note this rating in the Certificate. If the rating does not appear on the certificate, the insurance broker must provide it in another document.
- Be written in English with monetary amounts reflected in USD.
- Reflect that insurance coverage is effective at time of CUA Application submission.
- Name as insured the business or person that is providing the service.
- Name the United States as additional insured.
- Reflect a General Commercial Liability Policy with the minimum coverage amount required in the CUA Application.
- Reflect required additional insurances (commercial vehicle, vessel, aircraft, etc.) with the minimum coverage amount required in the CUA Application.
- Include insurance provider rating or provide in separate document.
Reporting Requirements
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
Insurance Certification
CUA Fees
The application fee for this CUA is $350.
If you have paid for a previous CUA applications for this park during this CUA season, your application fee will be discounted by $100.
The management fee for this CUA is a market price fee based on a percentage of your revenue earned from in-park or park-dependent operations. The fee is not based on your overall revenue or on revenue earned from services not authorized by the CUA that do not occur in-park or are park-dependent. The NPS defines park-dependent operations as those commercial activities that are packaged and sold, marketed to include, or coincidentally include, entry into the park boundaries for part or all of the activity duration.
Less than $250,000 earned from park-based operations - 3% of gross receipts (minus application fee).
$250,000 to $500,000 earned from park-based operations - 4% of gross receipts.
More than $500,000 earned from park-based operations - 5% of gross receipts.
You are required to report revenue each year when you submit the mandatory annual CUA report. The market price management fee is due after NPS staff verifies report accuracy.
The CUA application fee is non-refundable, and you are responsible for ensuring you are applying for the correct CUA service type.
This application is for Art Instruction in Marsh - Billings - Rockefeller National Historical Park.