​​​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

1. 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)].

2. 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.

3. 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.

4. Rates:  The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.

5. Operating Conditions:  The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.

6. 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.

7. 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, the National Park Service, or the NPS unit issuing the CUA as additional insured.  Holder agrees to have on file with the park copies of the above insurance with the proper endorsements.

8. 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.

9. 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.

10. 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.

11. Transfer:  This authorization may not be transferred or assigned without the written consent of the area Superintendent.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

A. Authorized Services

1. The commercial activities authorized by this permit are the following: Avalanche Level 1 and Avalanche Rescue education courses. Overnight backcountry camping and ski mountaineering are not authorized under this permit.

2. The use of ropes, hardware, protection, snow anchors, crampons, blades and ice axes are not authorized. Activities that would require the use of such equipment are not authorized. Advanced Avalanche courses which may include but are not limited to Avalanche 2 or Pro courses, are not authorized under this permit.

B. Tour Instructor and Guide Certification

1. Instructors and Guides are required to:

   1. Be familiar with the park, know and obey park regulations and area closures, and assure compliance with regulations and area closures from participants.

   2. Understand the hazards involved and prepare participants for conditions and situations which may be encountered.

   3. To have one guide on the trip current in Wilderness First Responder (WFR) or higher emergency certification. Other guides shall have a minimum of current certification in standard first aid and CPR.

   4. Assure that all members of the group are properly clothed and equipped for the trip.

   5. All guides must carry a first aid kit suitable for backcountry emergencies and appropriately sized for the group they are guiding.

   6. All guides are required to have and carry a cell phone at minimum. Cell phone coverage is limited in the park. A guide may need additional reliable emergency communication device which could include a GPS locator beacon, satellite messenger, or satellite phone.

2. A written list of leaders, with descriptions of basic qualifications, must be provided to the park prior to beginning operations. Copies of all certifications must be on file at the base of operations and may be requested by the Superintendent at any time.

3. Instructors and guides must have the expertise, training, and experience to operate all services authorized under the CUA permit.

4. Guides shall educate the group on Leave No Trace principles and practices.

5. Guides are required to take the Online Awareness course on Leave No Trace. It is free. Leave No Trace: Take Action to Protect the Outdoors - Overview (lnt.org)

C. Conduct of Tour

1. Total group size is maximum of 12 people with a guide to client ratio of 1 guide to 6 clients. All groups must have a ratio of 1 leader to no more than 6 participants at a minimum. More guides per participants are encouraged.

2. All groups must honor the rights of others and always conduct themselves in a professional manner.

3. A Rocky Mountain National Park representative will be permitted to accompany the tour at least once per season to evaluate the program.

4. The instructor and guides are responsible for adhering to Leave No Trace practices at all times while in the park.

5. The instructor and guides shall provide all clients with an orientation prior to the trip which emphasizes safe practices while recreating in winter conditions. At a minimum, the orientation should include nature and demands of the trips, safety and emergency procedures, weather conditions, park regulations, wildlife interactions, and Leave No Trace practices.

D. Special Conditions for Avalanche Course

1. Avalanche Level 1 and Avalanche Rescue are the only courses allowed under this authorization. All higher levels avalanche courses are only authorized under a Climbing Concession Contract.

2. Minimum Commercial General Liability insurance is $1,000,000 per person per accident.

3. On Saturdays and Sundays, a company may have more than 1 course per day, but courses must be in different areas of the park, with no more than 1 course per day held in either the Bear Lake-Emerald Lake Drainage or in Hidden Valley. To clarify, on weekend days, this means 1 single course across these popular locations, not 1 course in each location.

4. Monday through Friday, a company may have more than 1 course per day, but courses must be in different areas of the park, with no more than 1 course per day held in the Bear Lake-Emerald Lake Drainage, and with no more than 1 course per day held in Hidden Valley. To clarify, on weekdays, this means 1 course at each of these popular locations.

5. Tours are encouraged to carpool to minimize parking impact in Bear Lake and Hidden Valley. Beaver Meadows Visitor Center parking may be used as a meeting space.

6. All snow pits are required to be filled in.

7. Courses need to be away from ski and snowshoes trails.

8. List of Basic Avalanche courses being offered must be submitted to the Commercial Services Office prior to operating in the park.

E. General Provisions for All Permits

1. Guide Passes and Entrance Fees for Clients

   1. Guide Passes are to be used solely by the Permittee and designated employees to conduct official business under a Commercial Use Authorization/Special Use Permit or Concessions Contract and are not for personal use. Guides must always carry this pass while in the park.

   2. Guide Passes must be kept with guides at all times in the park, to be presented as requested to park staff to confirm appropriate use and entry to the park. Permittee is responsible for ensuring that its guides comply with this requirement. ID is required.

   3. Guides are required to present the guide card at the entrance stations along with their driver’s license when entering the park to show that they are on official business. The guides are required to inform the entrance station staff on clients entering for the trips for example which vehicle, number of clients, etc.

   4. Clients of the Permittee are not admitted free entrance to the park. The clients’ options are:

      1. Buy an entrance pass - pay when they enter with the Permittee

      2. Have a current entrance receipt

      3. Have a current pass - Rocky Mountain National Park Annual Pass or America the Beautiful Pass (pass is valid & in the name of the client)

2. CUA Permit Holders and their clients are not authorized to use the fast pass lane for any commercial activities in the park. All CUA Permit Holders (i.e. guides) and clients must enter via a staffed entrance kiosk. Use of the fast pass lane by a CUA Permit Holder may result in revocation of their CUA permit.

3. Frontcountry camping is available on a first-come, first serve basis at Longs Peak Campground and by advanced reservation at Moraine Park, Glacier Basin, Aspenglen, and Timber Creek Campgrounds. Normal camping fees and regulations, including length of stay, will apply to the Permittee and its participants.

4. Prior to initiating each trip, guides are encouraged to contact Park Headquarters (970) 586-1206 for information on current conditions.

5. Proof of adequate general liability and automobile insurance coverage must be provided to the park prior to operating under this permit.

   1. Commercial General Comprehensive Liability coverage is required in the amount of $500,000 per person per accident and $1M for climbing and Avalanche courses.

   2. Commercial Vehicle Insurance coverage is required for all owned, non-owned, and hired vehicles used by the Permittee who transport clients.

   3. Minimum limits for Commercial Vehicle Insurance are $1,500,000 for 15 or fewer passengers and $5,000,000 for 16 or more passengers. Rocky Mountain National Park must be listed as additional insurer.

6. All incidents involving overdue parties or accidents involving property damage or personal injury must be reported to Park Dispatch at (970) 586-1204 as soon as possible but no later than 24 hours after the incident and to the Commercial Services Office.

7. All advertisements/brochures which make reference to Rocky Mountain National Park must be approved by the Superintendent prior to publication, distribution, or broadcasting. All such publications must include a statement that the operator is authorized by the National Park Service, U.S. Department of the Interior, to conduct services in Rocky Mountain National Park.

8. Prior to engaging in any commercial filming or still photography using model(s) (posed or camera talent), set(s), or prop(s) that are not part of the location's natural and cultural resources or administrative facilities consultation with the Commercial Services Office is required. This activity may be subject to a separate permit. 

9. Violation of park regulations or the terms of this permit may result in the suspension of privileges granted by this permit and could lead to appropriate fines or citations, as well as non-renewal.

​You are required to submit an annual report (Form 10-660) through this system by February 28 for the previous calendar year operations. Monthly reports, if required for your CUA, are due by the 15th of each month for the previous month operations. You also must submit any required activity specific reports and should refer to the regional and park specific CUA conditions for those requirements prior to submitting an application. Notification for due reports will be provided via email. You are responsible for monitoring your email account. 

• Insurance Certificate
• Brochures, Web Link, Rates
• Trips & Itineraries List
• Guides & Certifications List

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.