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.
The commercial activity authorized is Non-Motorized Boat Rentals.
These activities are provided through rentals of non-motorized boats, such as canoes and kayaks, or stand-up paddleboards, located at various park areas within the boundaries of the Cape Cod National Seashore.
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
It is expressly understood that the holder is subject to any and all special conditions as listed below.
All accidents and or injuries must be reported to the Chief Ranger's Office, (508) 957-0735 as soon as it is feasible to do so.
The holder shall exercise this privilege subject to the supervision of the Superintendent, and shall comply with all applicable laws and regulations of the area.
Violation of any park regulation or terms of this permit may result in issuance of a violation notice, suspension of privileges granted by the permit, or revocation of this permit.
This permit is issued for areas managed by Cape Cod National Seashore. Any services offered by the holder outside the Seashore would need permission from local authorities.
The holder must, at all times, conduct activities so as to ensure the safety of the park visitor. The holder will comply with applicable public health and sanitation standards and codes.
The holder will advise all instructors of the conditions of this permit and held accountable for following them.
Copies of this permit must be carried at all times and be displayed upon request to any person authorized to inspect and/or determine compliance with the conditions of this permit.
The services provided by the holder are subject to periodic monitoring to ensure that accurate and knowledgeable information is being provided to the customer and that the service is provided in a manner that supports the interest of Cape Cod National Seashore.
The Commercial Use Authorization holder is not authorized to conduct any special events absent a separate Special Use Permit from Cape Cod National Seashore. The application for a Special Use Permit (SUP) can be found here: https://www.nps.gov/caco/planyourvisit/upload/CACO-SUP.pdf. The SUP may authorize an activity, or use of park area designated for a specific activity for a specified period of time. The SUP does not allow a Permittee to close any area of the park to the general public. Permits may be revoked or terminated at the discretion of the Superintendent upon 24 hours’ notice, or without notice if damage to resources or facilities occurs or is threatened, or in the event the Superintendent determines it necessary in the interest of public safety, public health, or general welfare, notwithstanding any other term or condition of the Permit to the contrary.
Cape Cod National Seashore reserves the right to terminate operations during special and unforeseen events, including emergencies.
The holder will obey the direction of park rangers at all times to ensure permit compliance, safety, and the protection of people and resources.
Amplified music or public address systems are strictly prohibited.
The use of drones for film/photography is strictly prohibited.
Parking is on a first-come, first-served basis. Parking spaces may not be reserved. Any vehicles illegally parked are subject to a written violation notice or being towed. Any vehicles parked to damage natural resources, obstruct pedestrian or vehicular traffic will be towed.
Parking authorized only in designated parking areas. Parking area capacities vary. Permit holder is responsible for planning ahead, taking into consideration, time of day and time of the year for determining parking plans.
Entrance fees are not waived for any clients/students/participants associated with this CUA. All customers will be charged the entrance fee upon entry to beach areas when fee program is in operation.
While within the boundaries of Cape Cod National Seashore, your group must stay on marked trails, the beach, or on naturally bare zones in the upper marsh. The holder must ensure groups will follow all regulations and remain out of areas posted as closed.
No one will be permitted in the primary dune areas (first set of continuous vegetated dunes closest to the water), as these are protected and fragile area.
Groups must gather where there will be no resource impacts.
Feeding and the use of artificial light to spotlight wildlife is strictly prohibited.
No collecting may be done without the appropriate collecting permit from Cape Cod National Seashore. Examples of collecting are: removing plants and other vegetation, including leaves; taking shells that are occupied by animals; digging and removing soil. To obtain a collecting permit you must call the Chief of Resource Management at 508-957-0737.
The holder is responsible for leaving the area clean and free of litter; all garbage and debris generated will be removed by the Permittee(s) and disposed of outside Cape Cod National Seashore.
In accordance with 36 CFR 7.67 (e) public nudity is prohibited within the boundaries of Cape Cod National Seashore.
The selling of goods and services and/or the collection of donations on National Park Service property is strictly prohibited. There will be no commercial sales of food, beverages or other items.
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within the park area unless prior written permission has been given by the Superintendent.
All persons associated with this permit must maintain a reasonable noise level and take care to have the utmost respect for neighboring private homes.
The use of tents, chairs or other site markers is prohibited.
Camping is prohibited within the Cape Cod National Seashore except at designated campgrounds. No overnight sleeping, within the boundaries of Cape Cod National Seashore, outside of designated camping areas is authorized for permittee and/or customers.
Groups will remain together and in communication with their instructors.
Group size will not exceed __________.
The use of artificial light at night is prohibited for the use of viewing wildlife.
Permit holder will advise the Cape Cod National Seashore of any changes (including adding or removing services provided, dates, times, locations, etc) to the originally permitted commercial services; as of the date of the permit signed by the Authorizing Official. Point of contact is Katie Trudeau at the Commercial Services Office at 508-957-0706 or caco_permits@nps.gov.
Reporting requirements include annual reporting, insurance confirmation, and your guides/instructors list including licenses or certifications submissions (re-submitting when necessary). Reporting dates and requirements are subject to change. Please reference the park website for more information: https://www.nps.gov/caco/getinvolved/commercial-use-authorizations.htm.
The holder shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the use which the holder is authorized to make of the land described in this permit.
Management fees will be assessed according to the current Cape Cod National Seashore Commercial Use Authorization fee structure. The fee structure is subject to change.
Services and permitted activities covered under this Commercial Use Authorization will include, but are not limited to the excursions as identified in the business plan on file with the National Seashore. Those identified excursions include: Non-Motorized Boat Rentals. Other services provided will require prior permission.
The permit holder is responsible for obtaining current information regarding posted shorebird nesting areas and informing patrons of the restrictions associated with said posting. During periods when closures are in effect, holder and all associated person are prohibited from entering restricted areas. Information may be obtained by calling Nauset Ranger Station at 508-255-2112 or Race Point Ranger Station at 508-487-2100.
The permit holder is required to adhere to National Oceanographic and Atmospheric Administration Fisheries regulations for the Marine Mammal Protection Act when seal watching. This law prohibits approaching closer than 150 feet to seals or engaging in any activities that alters the behavior of resting seals.
Non-Motorized Boat Rentals are typically ____ hours long with ____ clients.
Authorized season is conducted from ___________ through ____________. Permit additionally authorizes early or late season activity.
The permit holder is allowed, by issuance of this permit to offer Non-Motorized Boat Rentals. This permit does not authorize contests or events.
The permit holder will use areas outside the designated protected beach at all times. Non-Motorized Boat Rentals will not interfere with the Cape Cod National Seashore Lifeguard operation. Permit holder and clients of ____________ will obey any instruction from Seashore Lifeguards. Should a conflict arise this permit will be revoked.
While within the boundaries of Cape Cod National Seashore, the group associate with this permit must stay on marked trails, the beach, or on naturally bare zones in the upper marsh. The holder must ensure groups will follow all regulations and remain out of areas posted as closed.
Permit holder must provide the park with a boat rental drop-off pick-up plan/procedure.
All guides and clients must be made aware of and must adhere to any State or Federal laws and boater safety standards (including USCG boating safety regulations). PFD's and applicable safety equipment must be made available and equipped when applicable.
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 Certificate
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.
$350 or 3% gross receipts, whichever is greater.
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 Boat Rental - non-motorized in Cape Cod National Seashore.