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
SPECIAL PARK CONDITIONS
2025
Art/Writing/Photography Workshops/Tours
___________________________________________________________________________________________
CUA Holder by reference includes their employees, their representatives, or subordinate operating entities.
Section A – Photography Workshops/Tours
1. Group size for this Commercial Use Authorization on Mount Desert Island is limited to Twenty (20) per group (including guides). To limit resource damage, congestion, and to provide for a high-quality experience, groups with more than ten participants are required to split into smaller groups and avoid grouping together along trails, parking areas, and overlooks. Carpooling is encouraged.
Provide Number of Participants including Guides _______________________
2. Group size in the Schoodic District is limited to 15 participants including the guide(s) unless the
groups are participating in pre- arranged programs with the National Park Service staff or Schoodic Institute staff at the Schoodic Education and Research Center (SERC) campus or (2) sponsored programs with National Park Service staff or Schoodic Institute staff at the Schoodic Education and Research Center (SERC) campus. Additional restrictions may apply for group size in excess of 15 participants including the guides.
3. Sale of equipment, gear, or other items, as well as art/photographs is prohibited within Acadia National Park.
4. The activities of Photography Workshops/Tours conducted under this Commercial Use Authorization (CUA) shall be undertaken in the spirit that preserves resources and does not interrupt visitors or impede traffic.
5. Loading and Unloading:
Authorized in designated paved parking spaces
Prohibited in bus parking areas
Prohibited on shoulder roadways
6. Island Explorer Bus Stop: No vehicle is authorized to stop in an Island Explorer Designated Bus Stop.
7. Designated Bus Zones/Spaces: No vehicles except for busses and motor coaches are authorized to park in designated bus parking zones/spaces
8. A Temporary Stop: A temporary stop without loading and unloading of passengers is authorized at these locations:
a. The right lane of the Park Loop Road between Bear Brook Picnic Area and the Stanley Brook Road, unless otherwise posted.
b. Paved Pull Outs
9. Trailers:
Prohibited on dead end roads located within the park
Long-term parking (more than 1/2 hour) of trailers and vehicles is only authorized at the Hulls Cove Visitor Center and in designated signed parking spaces for trailers. Long-term parking of trailers is prohibited at all other access points to the historic carriage roads.
10. Unpaved Roads: Vehicle travel on unpaved surfaces is prohibited with the exception of the gravel access road (Stable Lane) to Wildwood Stables.
Section C: Schoodic District Special Park Conditions
1. Motor vehicles are restricted to vehicles with a length of 21 feet or less, unless the groups are
(1) participating in pre-arranged programs with the National Park Service staff or Schoodic Institute staff at the Schoodic Education and Research Center (SERC) campus or (2) sponsored programs with National Park Service staff or Schoodic Institute staff at the Schoodic Education and Research Center(SERC) campus.
2. Motor vehicles with a length of 21 feet or less are authorized to load and unload participants, guides, and equipment at designated parking spaces only. No right lane parking is authorized.
3. Group size is limited to 15 participants including the guide(s) unless the groups are participating in pre-arranged programs with the National Park Service staff or Schoodic Institute staff at the Schoodic Education and Research Center (SERC) campus or (2) sponsored programs with National Park Service staff or Schoodic Institute staff at the Schoodic Education and Research Center (SERC) campus. Additional restrictions may apply for group size in excess of 15 participants including the guides.
4. Staging location for the Schoodic District of Acadia NP is the Schoodic Woods Day Use Parking Lot.
5. Schoodic Education and Research Center (SERC): Commercial Use Activity is prohibited from SERC campus unless the commercial use activity (1) participating in pre-arranged programs with the National Park Service staff or Schoodic Institute staff at the SERC campus or (2) sponsored programs with National Park Service staff or Schoodic Institute staff at the SERC campus.
6. Frazer Point Dock cannot be used for commercial use activity.
7. Trailers:
Trailers are permitted only at the Schoodic Woods Day Use area.
An exception: Trailers are authorized to travel on Schoodic District Loop Road beyond Frazer Point for the purpose of transport to the SERC Campus if the commercial use activity is (1) participating in pre-arranged programs with the National Park Service staff or Schoodic Institute staff at the SERC campus or (2) sponsored programs with National Park Service staff or Schoodic Institute staff at the SERC campus. SERC is the only area for unloading, loading, and parking of a trailer when the commercial use activity meets the condition of the exception.
8. All islands are closed to commercial use activity to include, Little Moose Island, Rolling Island, Schoodic Island, Pond Island, Sargents Island, and Isle of Or.
9. Raven’s Nest is closed to commercial use activity.
10. All financial transactions conducted under this CUA shall begin and end outside the Schoodic District.
11. All park entrance and commercial tour fees apply and are available for purchase at the Schoodic Woods Campground Ranger Station, which is open from the Wednesday before Memorial Day through Indigenous People’s Day in October.
Section D: Additional Special Park Conditions for All Activities Conducted under this CUA
1. Be Prepared: The CUA Holder is required to show the complete and fully executed CUA while operating within Acadia National Park.
2. CUA Holder including the operator of the vehicle is responsible for knowing and adhering to park regulations. Please visit the following websites at:
36 CFR § 5.3 - Business operations. | CFR | US Law | LII / Legal Information Institute (cornell.edu)
3. This CUA is only applicable for the activity and use of the area(s) and terms designated in the CUA.
4. Wildwood Stables: CUA Holder parking at Wildwood Stables is only permitted in conjunction with concession services.
5. Park Entrance Fees are Required to Enter Acadia National Park.
Fees can be paid at (1) Sand Beach Entrance Station and (2) at the Hulls Cove Visitor Center; for dates and hours of operations please check the following website:
Please visit the following website: Do Business With Us - Acadia National Park (U.S. National Park Service) (nps.gov);
For further information on Park Entrance Fees, please visit the following website:
6. Wetlands: Commercial Use Authorization Holders are prohibited from leading tours or permitting their passengers to enter all freshwater wetlands.
7. Wildlife: Observe wildlife from a distance; viewing of wildlife with an artificial light or using wildlife vocalization is prohibited; Disturbing or feeding wildlife is prohibited.
8. Trails: Stay on designated trails, Step on durable rock surfaces; Look up for blazes and cairns that
mark the trail; Take breaks on durable rock surfaces that accommodate your entire group; to add or build cairns or other rock objects is prohibited.
9. CUA Holders are not authorized to Impede Traffic.
10. Acknowledgement: Facilities including restrooms located in the park may not be open and available to the public during winter and shoulder seasons. Please check the ACAD website for details: https://www.nps.gov/acad/planyourvisit/hours.htm; or follow acadianps on Facebook, Twitter, and Instagram
11. Provision of Services: Only the CUA Holder registered under this CUA is authorized to provide services specified in this CUA. The CUA Holder shall not subcontract or otherwise allow outside entities and/or non-registered employees to provide any services under the auspices of this CUA. The CUA Holder registered under this CUA shall not provide any services other than those specified within the Specific Conditions of this CUA unless specifically authorized by prior written agreement and approval by the National Park Service (NPS).
13. This CUA does not guarantee, reserve, or otherwise give preference for parking and no vehicles used in conjunction with activities authorized by this CUA shall be driven or temporarily left in any areas not authorized for motor vehicle travel. Oversized vehicle and trailer parking are limited.
14. Engine Idling, Stopping, and Safety:
Engine idling is prohibited throughout the park; vehicle engines must be turned off when parked.
Stopping or parking in an area that creates an impediment to vehicle movement or endangers pedestrian safety is prohibited.
In accordance with Maine state law motorists must give at least 3 feet (0.9 m) clearance when passing cyclists and pedestrians.
Yield to pedestrians, cyclists, and horses at crosswalks.
Obey all posted speed limits
Unless an emergency, there is absolutely no stopping allowed in the Left Lane of either the one-way or two-way sections of the Park Loop Road.
15. Violations:
Traffic violations shall be written to the driver
Non-traffic violations of this CUA will be written to the CUA holder
Three violations within the year of this authorization by the CUA Holder, their employees, representatives, or operating entities may result in revocation of this CUA or additional monitoring at the CUA holders’ expense.
16. This CUA does not guarantee, reserve, or otherwise give preference for parking and is subject to park closures.
17. Tour routes, tour frequency, and other operational matters are subject to review and revision as circumstances arise. This Authorization is subject to change per National Park Service discretion.
18. All financial transactions conducted under this CUA shall begin and end outside of Acadia National
Park.
19. Marketing/Publicity: The CUA Holder shall not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications, or social media outlets) which state or imply United States Governmental, Departmental, Bureau, or United States Government employee endorsement of a product, service, or position which the CUA Holder represents. No release of information relating to this authorization shall state or imply that the United States Government approves of the CUA Holder’s work product or considers the CUA Holder’s work to be superior to other products, or services.
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
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.
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
- Certificate of Insurance for Automobile Liability, if applicable (see minimum insurance requirements for details).
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 Acadia National Park.