Terms and Conditions - Commercial Use Authorization

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.

Wright Brothers National Memorial

Bicycle Rentals

**Bicycle and Electric Bike Tours for Individuals and Groups**
**Associated Photography Services**

**Permitted Locations:**
Access is granted to park roads and parking areas, which are open for use by motor vehicles to the general public. Note that CUA holders are unable to utilize their personal annual or lifetime passes to admit clients into the Wright Brothers National Memorial. Participants aged 16 and older are required to pay an entrance fee of $10 per person. Clients may use annual or lifetime passes to cover this fee.

**Prohibited Locations:**
Bicycle riding is not permitted off park roads and parking areas, including sidewalks and trails.

**Limitations:**
Individuals must wear appropriate safety equipment, which should, at a minimum, include a properly sized helmet. All bicycles must be well-maintained and inspected to ensure they are in good working condition. Bicycles are required to have a white light on the front and a red light or reflector on the rear. The CUA holder must inform customers to activate these lights during periods of low visibility.

**Bicycle and Electric Bike Tours for Individuals and Groups**
**Associated Photography Services**

**Prohibited Locations:**
Bicycle riding is not permitted off park roads and parking areas, including sidewalks and trails.

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

CUA Fees & Recoverable Costs
1. Application Fee - All applicants for a CUA will be charged a non-refundable application fee of $150.
2. Recoverable Costs – CUA holders will also be charged a management fee of $100 to recover the costs associated with the management of approved authorizations. These fees include, but are not limited to, administrative costs of CUA management, compliance, in-the-field monitoring, and mitigation of resource impacts caused by the authorized commercial use.
3. An electronic bill for $250 will be generated through Pay.gov. The CUA fees must be paid before the CUA is issued.
Authorized Services – The Holder is authorized to provide photography instruction for individuals and/or groups; associated walking tours; commercial transportation of participant/s via Off-Road Vehicle/s (ORVs) on designated ORV ramps and routes; and commercial transportation of participant/s on roads to and/or within the park.
Park Entrance Fees - Are required for all visitors/clients/participants entering the park. Employees are not subject to entrance fees while providing services under a Commercial Use Authorization.
1. Employees will not use their personal annual or lifetime passes to admit clients.
2. Employees of commercial operators entering the park to recreate personally must pay appropriate entrance fees or use valid pass.
3. Clients/participants aged 16 and old must pay applicable entrance fees of $10 per person. Clients may use their personal valid pass (e.g. Individual Entrance Pass, Interagency Pass, or Wright Brothers National Memorial Annual Pass) to cover this entry fee. Passes can only be used to cover entrance fees for the pass Holder and his or her family only and must be in-hand at the time of entry to the par
Tour Leaders/Guides - Each group must have one person identified as the group or trip leader who will remain with the group at all times. If the party is divided into more than one group, each group will have a trip leader. The trip leader will inform the group of all park rules and regulations and has responsibility for the group.
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 authorization must be left in substantially the same condition as it was prior to the activities authorized herein.
Permitted Locations for Authorized Activities:
1. All park areas that are open to the public.
Photography instruction is permitted at the following locations:

The authorization Holder should encourage clients to carpool to locations within the park where they are meeting clients in order to limit parking impacts in visitor areas. The Holder does not have exclusive use of any park areas and must avoid interrupting or otherwise negatively impacting visitor use of the park.

Permits/Licenses – The Holder must obtain all permits or licenses of State or local governments, as applicable, necessary to conduct the business activities specified above and must operate in compliance with all pertinent Federal, State, and local laws and regulations. The Holder must carry a complete copy of its Commercial Use Authorization (CUA) at all times while operating in the park. The Holder and its clients must abide by all stipulations and regulations of the Cape Hatteras National Seashore Off-Road Vehicle (ORV) permit.
Business Operations – This authorization does not authorize the Holder to advertise, solicit business, collect any fees, or sell any goods or services on lands owned and controlled by the United States. The authorization is for incidental business operations when there are no fixed commercial facilities within a national park area, the commercial activity originates and terminates outside the park, no money changes hands on park lands and no commercial solicitation occurs on park lands.
Damages – The Holder shall pay the United States for any damage resulting from use, which would not reasonably be inherent in the use that the Holder is authorized to make of the land described in this authorization. It is illegal to collect artifacts or intentionally damage any archeological or historic property (36 CFR Section 2.1). In the event archeological resources are discovered, Holder must contact the Cultural Resource Program Manager at 252-475-9021.
Insurance – The Holder shall purchase at a minimum the types and amounts of insurance coverage as stated herein and agrees to comply with any revised insurance limits the Superintendent may require during the term of this authorization. The Superintendent shall not be responsible for any omissions or inadequacies of insurance coverage and amounts if such prove to be inadequate or otherwise insufficient for any reason whatsoever. The Holder shall provide the Superintendent a Certificate of Insurance at the inception of this authorization and annually thereafter and shall provide the Superintendent thirty (30) days written notice of any material change in the Holder’s insurance program hereunder. The NPS suggests that the Holder always consult with its insurance agent to make sure it has adequate coverage. All liability policies shall specify that the insurance company shall have no right of subrogation against the United States Government or shall provide that the United States Government is named as additional insured.
1. General Liability – The Holder shall obtain general liability insurance in at least the amount of five hundred thousand ($500,000) per occurrence.
2. Automobile Liability – As applicable, the Holder must obtain automobile liability insurance for commercial transportation of passengers in accordance with the minimum liability coverage limits specified below:

Commercial Vehicle Insurance – Passenger Transport (bodily injury and property damage)	Minimum per Occurrence Liability Limits*
Up to 6 passengers	$1,000,000
7 – 15 passengers	$1,500,000
16 – 25 passengers	$3,000,000
26+ passengers	$5,000,000

Liability Insurance Lapse or Cancellation – Upon notification that the Holder’s liability insurance has lapsed or cancelled for any reason, the authorization to operate in the park shall be suspended until new insurance is in place.
Employee Training - Trips must be led by a responsible employee who knows the park rules, regulations, and resources; knowledge of the provisions of this authorization; and the ability to provide competent leadership in the park so that the trips can be conducted professionally. Employees shall instruct their clients on minimum-impact use of park resources.
Reporting Accidents – An accident resulting in personal injury, death or property damage shall be reported to the Superintendent, as soon as possible. [36 CFR 2.33, 3.4, 4.4] All motor vehicle accidents resulting in injury, personal/government property damage, or injury to park wildlife or resources must be reported to park law enforcement immediately by dialing 911. Commercial operators must remain on scene until the arrival of law enforcement officers.
Separated Passengers/Rescues – The Holder is responsible for providing clients with the necessary information to locate or contact their group if any clients become delayed or separated. The Holder may not abandon clients in the park and is solely responsible for making arrangements for clients to rejoin their group after being separated. While self-rescue is encouraged in cases where no additional resources are needed, the NPS, or other designated federal, state, or local agency with jurisdiction retains the authority to make the determination to employ additional resources when the situation warrants.
Waste Management - All trash must be disposed of in an appropriate waste container. Any beach or other equipment provided to clients for day use (such as umbrellas, chairs, and coolers) must be attended by the Holder and/or its clients at all times. This equipment may not be left in the Seashore after the Holder and/or its clients leave the area where it is being used.
Regulatory Signs and Wildlife Closures – The Holder and its clients must abide by all regulatory signs, including resource, wildlife, safety, and seasonal closures. The Holder must exercise particular care to avoid disturbing wildlife and/or vegetation.
Reporting Wildlife Activities: In the event that the CUA Holder, and to the extent possible its clients, observes a turtle nest hatching during the daytime, the CUA Holder is required to inform park resource management staff of the activity and to remove any equipment that may interfere with hatchlings movement toward the ocean. Report all sea turtle or sea turtle activity sightings to 252-216-6892.
Vehicle Use – This CUA does not authorize the Holder or any other person to operate a motor vehicle of any type on park beaches. Only vehicles exhibiting valid Cape Hatteras National Seashore (Seashore) Off-Road Vehicle (ORV) permits may operate in approved Seashore ORV corridors. Activities under this CUA must not interfere with or impede vehicular or pedestrian traffic in the authorized corridors of the Seashore. Participants without an ORV Permit must park their vehicles in authorized parking areas only. The Holder and/or its clients may not park on road shoulders within the Seashore.
Approved Photography Services Do Not Include Unmanned Aircraft – This CUA does not authorize the Holder or its clients to use unmanned aircraft for photography or other purposes at Cape Hatteras National Seashore. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the NPS within the boundaries of Cape Hatteras National Seashore is prohibited except as approved in writing by the Superintendent.
Off-Road Vehicle (ORV) Permit –The Holder is entitled to acquire, at no cost, one (1) Off-Road Vehicle (ORV) annual permit to use on a designated vehicle as part of the Holder’s authorized activities under this CUA. The park's Commercial Services office will provide instructions on how to obtain the ORV permit/s. The Holder must provide all information required for the ORV permit and follow all of the rules and regulations pertaining to ORV use in the Seashore.
The National Park Service reserves the right to conduct inspections during the term of this Commercial Use Authorization.
CUA Compliance – The Holder and all participants authorized herein must comply with all conditions of this CUA, including all exhibits, amendments, application requirements, and written or verbal directives from the Superintendent. Failure to obtain a CUA to provide commercial services and have a copy of the document available for inspection at any time while in the park, are violations of the CUA 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. NPS field personnel will be provided with a current list of Holders by the Commercial Services Office. The Commercial Services Office will receive a copy of any written warnings or citations issued to a Holder and these documents will become part of the Holder park record.
1. A first violation may result in a written warning to the Holder sent by the Commercial Services Office and/or a possible 30-day suspension of the CUA. The appropriate course of action will be based on the seriousness of the violation and the company’s cumulative history.
2. A second violation within any two year period may result in a 30 to 90-day suspension or revocation of the CUA, depending on the seriousness of the violation and the company’s cumulative history. Upon revocation of the privileges granted by a CUA, a new application will not be considered for a period of 12 months.
3. In addition, the NPS may, at any time, terminate this authorization at its discretion or upon breach of any of the conditions based on the seriousness of the violation and the company’s cumulative history.

Insurance Requirements

Commercial General Liability (CGL) Insurance

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:

Commercial Vehicle Insurance – Passenger Transport (bodily injury and property damage)	Minimum per Occurrence Liability Limits
15 or fewer passengers	$1,500,000
16 or more passengers	$5,000,000

The commercial automobile liability insurance requirements for interstate operation of autos used in performance of the service in the park, but not to transport passengers, are:

Commercial Vehicle Insurance Interstate Operations (No Passenger Transport)	Minimum per Occurrence Liability Limits
Small fleet vehicles under 10,001 pounds	$300,000
Fleet vehicles 10,001 pounds or more	$750,000

The NPS has not established commercial automobile liability minimums for intrastate auto use by CUA holders because each state has unique rules and regulations. Intrastate CUA holders must meet individual state requirements for Commercial Automobile Liability Insurance or the interstate requirements above, whichever are greatest.

If the CUA applicant or holder will use rented or leased vehicles in performance of the authorized service, the applicant or holder must secure appropriate insurance for that rented or leased vehicle in the amount required by the CUA application. Proof of insurance secured directly from the rental or lease company may not be available upon application submission, but applicants are required to provide proof of insurance coverage after application submission upon NPS request.

CUA holders authorized to transport passengers aboard or use in the park an owned/rented/leased vessel may have P&I Vessel Insurance to cover claims for bodily injury, death, and property damage arising from use of the vessel as an alternative to commercial general liability insurance. The minimum P&I Vessel Insurance is $500,000 per occurrence.

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.

Insurance Company Minimum Standards

The NPS has established the following minimum insurance company requirements which all insurance companies must meet. These standards apply to foreign insurance companies as well as domestic companies.

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.

Proof of Insurance Submission

Applicants must submit proof of insurance with the CUA Application. The proof of insurance must:

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

Form Number: NPS Form 10-660 (Rev. 11/2019)
Form name: ANNUAL REPORT COMMERCIAL USE AUTHORIZATION Cape Hatteras National Seashore. Fort Raleigh NHS, Wright Brother NMEM

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 due upon submission of the mandatory annual CUA report.

The management fee for this CUA is $100.

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 Bicycle Rentals in Wright Brothers National Memorial.