Form 10-115

Rev. 11/15/2016

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UNITED STATES DEPARTMENT OF THE INTERIOR

National Park Service

Glacier National Park

Park Contact: Jennifer EvansPhone Number: (406) 888-7909

COMMERCIAL USE AUTHORIZATION UNDER THE AUTHORITY OF P.L. 105-391 Section 418, (54 U.S.C. 101925)

1. Authorized Activity: Photography Workshop

2. Authorization Holder Information:

Business Name:

Contact Name:

Address:

Telephone:

Email:

Permit Number: GLAC Park Alpha-Number

Authorization Start Date: June 1, 2020 Expiration Date: October 15, 2020

3. The holder is hereby authorized to use the following described land or facilities in the above named area:

Roads, trails and other typical visitor use areas within Glacier National Park, with the exception of the

North Fork Area. No off trail activities are authorized.

4. Summary of authorized activity: (see attached sheets for additional information and conditions): Conducting

day and/or night use photography workshops in Glacier National Park. Workshops will include photography instruction led by a qualified instructor with expertise in teaching field photography and

familiarity with Glacier National Park. Overnight trips into the backcountry are not authorized.

Limitations apply; see Appendices I and II for specific provisions.

☒ Out-of-Park: The commercial services described above must originate and terminate outside of the

boundaries of the park area. This permit does not authorize the holder to advertise, solicit business, collect

fees, or sell any goods or services within the boundaries of the park area.

☐ In-Park: The commercial service described above must originate and be provided solely within the

boundaries of the park area.

5. NEPA/NHPA Compliance:

☐ Categorical Exclusion ☒ EIS ☐ EA/FONSI ☐ Other Approved Plans PEPC NUMBER: 10917

6. Fees:

Application Fee: ☒ Required

Administrative Fee: ☒ Required

Management Fee: ☒ Required

Late Fee: ☐ Required*

Amount $200Amount $350Amount $75 per workshop

☐ Not Required Amount $100

*Required for applications received between 5/1 and 6/15. No applications will be processed after 6/15.

No refunds will be issued for any fee payments, for any reason.

See Appendix II, Section 2.g for information about fees to add Workshop Leaders after issuance of CUA

7. Insurance:

Liability: ☒ Required Coverage Amount $500,000

Auto: ☒ Required

Auto Liability Minimum per Occurrence Limits: Select coverage based on maximum vehicle capacity:

☐ Up to 6 passengers: $1,000,000

☐ 7 to 15 passengers: $1,500,000

☐ 16 to 25 passengers: $3,000,000

☐ 26 + passengers: $5,000,000

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ISSUANCE of this authorization is subject to the conditions below. The undersigned hereby accepts this

authorization subject to the terms, covenants, obligations, and reservations, expressed or implied herein.

8. SIGNATURES

Authorization Holder: Signature Title Date

Authorizing NPS Official: Signature Date Title

CONDITIONS OF THIS AUTHORIZATION

1. False Information: The holder is prohibited from knowingly giving false information. To do so will beconsidered 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 park areaSuperintendent. The holder shall comply with all applicable laws and regulations of the area and terms andconditions 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 allapplicable Federal, State, and local laws and regulations, including, without limitation, all applicable park areapolicies, procedures and regulations.

3. Rates: The holder shall provide commercial services under this authorization to visitors at reasonable ratesand under operating conditions satisfactory to the area Superintendent.

4. Liabilities and Claims: This authorization is issued upon the express condition that the United States, itsagents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason ofany injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to theperson or property of the holder, its agents or employees, or third parties, from any cause or causeswhatsoever while in or upon said premises or any part thereof during the term of this authorization oroccasioned by any occupancy or use of said premises or any activity carried on by the holder in connectionherewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless theUnited States, its agents, and employees from all liabilities, charges, expenses and costs on account of or byreason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growingout of the same.

5. Insurance: Holder agrees to carry general liability insurance against claims occasioned by the action oromissions of the holder, its agents and employees in carrying out activities and operations under thisauthorization. The policy shall name the United States of America as additional insured. Holder agrees tohave on file with the park copies of the above insurance with the proper endorsements.

6. Fees: Holder shall reimburse the park for all costs incurred by the park as a result of accepting andprocessing the application and managing and monitoring the authorization activity. Administrative costs forthe application process must be paid when the application is submitted. Monitoring fees and any additionalcosts incurred by the park to support the commercial activity will be paid annually.

7. Benefit: No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any shareor part of this authorization or to any benefit that may arise from this authorization. This restriction shall not beconstrued to extend to this Contract if made with a corporation or company for its general benefit.

8. Transfer: This authorization may not be transferred or assigned without the written consent of the park areaSuperintendent.

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9. Termination: This authorization may be terminated upon breach of any of the conditions herein or at thediscretion of the park area Superintendent.

10. Preference or Exclusivity: The holder is not entitled to any preference to renewal of this authorizationexcept to the extent otherwise expressly provided by law. This authorization is not exclusive and is not aconcession contract.

11. Construction: The holder shall not construct any structures, fixtures or improvements in the park area. Theholder shall not engage in any groundbreaking activities without the express, written approval of the park areaSuperintendent.

12. Reporting: The holder is to provide the park area Superintendent upon request (and, in any event,immediately after expiration of this authorization) a statement of its gross receipts from its activities under thisauthorization and any other specific information related to the holder’s operations that the park areasuperintendent may request, including but not limited to, visitor use statistics, and resource impactassessments.

13. Accounting: The holder is to maintain an accounting system under which its accounts can be readilyidentified within its system of accounts classification. This accounting system must be capable of providingthe information required by this authorization. The holder grants the United States of America access to itsbooks and records at any time for the purpose of determining compliance with the terms and conditions of thisauthorization.

14. Minimum Wage: The holder is required to adhere to Executive Order 13658 – Establishing a Minimum Wagefor Contractors, as applicable. The implementing regulations, including the applicable authorization clause,are incorporated by reference into this contract as if fully set forth in this contract and available athttps://federalregister.gov/a/2014-23533.

15. Visitor Acknowledgment of Risks (VAR): The holder is not permitted to require clients to sign a waiver ofliability statement or form, insurance disclaimer, and/or indemnification agreement waiving the client’s right tohold the CUA holder responsible for accidents or injury occurring on NPS property. The holder is permitted torequest or require a client to sign a form or statement acknowledging risk and/or indicating that certainprerequisite skills may be needed to participate in the commercial activity. The holder must provide the parkwith the current copy of all forms and/or statements used for this purpose and obtain written approval by thepark. A sample Acknowledgment of Risk form may be obtained by contacting the park at (406) 888-7858 or athttps://www.nps.gov/glac/getinvolved/cua.htm.

16. Intellectual Property of the National Park Service: Except with the written authorization of the Director ofthe National Park Service, the Holder shall not assert any legal claim that the Holder or any related entityholds 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 colorablelikeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.

17. Nondiscrimination: The holder must comply with Applicable Laws relating to nondiscrimination in providingvisitor services to the public and with all equal employment opportunity provisions of Title VII of the CivilRights Act, as amended.

APPENDIX I SPECIAL PARK CONDITIONS

1. General Provisionsa. This Commercial Use Authorization (CUA) does not authorize the Commercial Use Authorization

Holder (holder) to advertise, solicit business, collect any fees, or sell any goods or services on landsowned and controlled by the United States. The commercial aspects of the service, except for the

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service itself, must occur outside of the park, including marketing, advertising, use or construction of temporary or permanent structures, the negotiation of compensation with the customer, or the solicitation or receipt of money or other compensation. Advertising for the permitted activity shall not state or imply endorsement by the National Park Service and must not depict or suggest prohibited or unauthorized activities.

b. Prior to initiating each trip in the park, Workshop Leaders are encouraged to call the park at (406)888-7800 or check the park’s website at http://www.nps.gov/glac for information about current conditions and areas closed to entry.

c. Camping is available in designated front-country campgrounds as per park regulation and policy. Holders are required to first seek use of the group campsites. If group campsites are unavailable, use of up to two regular non-adjacent campsites will be allowed per company, if available. Holders are not to solicit campsites before they are vacant. Camping fees (equal to those charged to the general public) will apply to the holder and its participants.

d. Park entrance fees are collected twenty-four hours a day for entry into Glacier National Park. Clients of holders are subject to entrance fees. Guides and CUA support vehicles are not subject to entrance fees while providing services under a Commercial Use Authorization. Each client transported in a holder’s vehicle or entering the park on bicycle must hold or purchase a valid pass (e.g. Individual Entrance Pass, Interagency Pass, or Glacier National Park Annual Pass). Passes are available at entrance stations or online at www.YourPassNow.com. Each participant is to stop at the entrance station. Passes can be used to cover entrance fees for the pass holder and their family only, and must be in-hand at the time of entry to the park. If the entrance station is not open to collect fees when the group is entering the park, instructions posted at the entrance station and fee registration area must be followed.

e. All incidents involving overdue parties or accidents involving property damage or personal injury are to be reported to the park staff as soon as possible. For emergency reporting: call Glacier National Park Dispatch at (406) 888-7800 or 911.

f. Workshop Leaders operating in Glacier National Park will be issued a guide card by Glacier National Park. Workshop Leaders must carry this card on their person while providing commercial services in Glacier National Park. This card must be presented upon request by a representative of the National Park Service, and is non-transferable. Workshop Leaders must be willing and able to demonstrate compliance with terms of this permit if contacted by a representative of the National Park Service.

g. Violation of any park regulation or the terms of this authorization will result in the suspension of privileges granted by this authorization, or may result in denial of future CUA applications.

h. Use of the North Fork Area is specifically excluded from this authorization. See Appendix IV for a map of management zones.

i. The areas authorized for use under this authorization must be left in the same condition as they were prior to the activities authorized. All refuse shall be placed in trash containers or disposed of as otherwise required by park policy or regulation. The holder shall be liable for any damages to property of the United States resulting from the activities authorized hereunder.

j. The holder shall not monopolize public areas. All pullouts, restrooms, picnic areas, etc. must be available to the general public and cannot be used by the authorization holder to the exclusion of other park visitors.

k. No signs or temporary structures may be posted or erected.

l. Food services provided by the holder in association with the authorized services shall comply with National Park Service (NPS) Public Health Guidelines (DO-83), which can be found at https://www.nps.gov/policy/DOrders/DOrder83.html. All food and drink items and trash must be disposed of properly.

m. Holders and/or holder’s employees may not carry firearms while providing commercial services within Glacier National Park.

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2. Insurancea. The holder must maintain General Liability insurance naming the United States of America, National

Park Service as an additional insured. Minimum coverage amount is $500,000 per occurrence. Thebusiness or person that is providing the service must be the named insured (policy holder).

b. If the holder transports passengers or uses a vehicle in the performance of the service in the park,Automotive Liability Insurance must be maintained at the minimum coverage amounts describedbelow. Automotive Liability Insurance must include coverage of “owned, leased, rented or hired”vehicles if the holder rents or leases vehicles.

AUTOMOTIVE LIABILITY INSURANCE REQUIREMENTS Up to 6 passengers vehicle capacity: $1,000,000 7 to 15 passengers vehicle capacity: $1,500,000 16 to 25 passengers vehicle capacity: $3,000,000

26+ passengers vehicle capacity: $5,000,000

* All amounts are minimum per occurrence liability limits. Indicated minimum per occurrence liabilitylimit or minimum State liability requirement in State of operation, whichever is greater.

c. The prospective holder shall, prior to the execution of this authorization, provide the Superintendentwith Certificates of Insurance as evidence of compliance with this provision and shall provide theSuperintendent thirty (30) days advance written notice of any material change in the holder’sinsurance coverage.

d. The Superintendent will not be responsible for any omissions or inadequacies of insurance coveragesand amounts in the event the insurance purchased by the licensee proves to be inadequate orotherwise insufficient for any reason whatsoever.

e. Insurance shall be in the amount commensurate with the degree of risk and the scope and size ofsuch activities authorized herein, but in any event, the limits of liability shall not be less than $500,000per occurrence. If claims reduce available insurance below the required per occurrence limits, theholder shall obtain additional insurance to restore the required limits. An umbrella or excess liabilitypolicy, in addition to a Comprehensive General Liability Policy, may be used to achieve the requiredlimits.

f. All liability policies shall specify that the insurance company shall have no right of subrogation againstthe United States of America or shall provide that the United States of America is named as additionalinsured.

g. If any claims have been filed, the holder must obtain a Claims Status Report from the insurancecompany and provide a copy to the Superintendent.

3. Gross Revenue Figures and Visitor Information

Gross Revenue Figures and Visitor Information will be submitted, by the holder, to the ConcessionsOffice by November 1 of each year. The forms to be used are posted here: https://www.nps.gov/glac/getinvolved/cua.htm

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APPENDIX II PHOTOGRAPHY WORKSHOP SPECIAL PARK CONDITIONS

1) Authorized Servicesa) The commercial activity authorized by this authorization is conducting day and night use photography

workshops in Glacier National Park.

b) Workshops will include photography instruction led by a qualified instructor with expertise in teaching fieldphotography and familiarity with Glacier National Park. Workshops will focus on use of skills to captureimages of park resources. Overnight trips into the backcountry are not authorized.

2) Workshop Leader Certification and Workshop Documentationa) An employee of the holder, designated as Workshop Leader, shall accompany the group, providing field

instruction in photography to group participants. A professional biography of the Workshop Leader must beprovided to the park with the CUA application, demonstrating the Workshop Leader’s photographyinstruction experience.

b) In addition, a curriculum for the workshop shall be provided to the park with the CUA application, includinga workshop outline that defines the instructional objectives, teaching methods and techniques and skillsthat will be taught to workshop participants.

c) Workshop Leaders shall possess current American Red Cross Standard First Aid and CPR certification, oran equivalent or higher level of certification. In order to be considered “equivalent,” the course mustinclude classroom/hands-on instruction and must be accredited. The holder shall provide theSuperintendent with a listing of all personnel used as Workshop Leaders using Application FormAttachment C. This submittal shall be made prior to issuance of a Guide Card. First Aid/CPR certificationmust be kept on file with the holder and must be provided to the NPS upon request.

d) Prior to issuance of this authorization, the holder shall provide the Superintendent with a completeditinerary for each workshop. (See Application Form Attachment C).

e) Workshop Leaders shall be familiar with the park and supportive of its regulations. Workshop Leaders shallunderstand the hazards involved and prepare participants for conditions and situations which may beencountered.

f) If the workshop will include use of any trails other than those listed on Sites and Short Walks that Are NotConsidered Commercially Guided Hikes in Appendix III, Workshop Leaders must complete bear training.This can be accomplished in one of three ways:

• Attending one session of the National Park Service (NPS) Bear Training.

• Having a member of your company attend and video record the NPS Bear Management Trainingfor later viewing by Workshop Leaders.

• By purchasing, and certifying to the National Park Service that the Workshop Leaders haveviewed the video Staying Safe in Bear Country, a Behavioral-Based Approach to Reducing Risks.This DVD can be purchased from a number of online retailers.

The holder must certify to the NPS that Workshop Leaders have completed the required trainings as outlined above using Application Form Attachment D. This training must be repeated once every three years.

g) Workshop Leaders can be added to the CUA after issuance. A $25 fee must accompany the WorkshopLeader’s signed Application Attachments D (if applicable) and Attachment E as well as the WorkshopLeader’s CPR/First Aid information. 15 business days is required for processing additional WorkshopLeaders.

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3) Conditions for All Photography Workshopsa) Each group shall be accompanied by a support vehicle which is accessible to the needs of the participants.

b) Workshop Leaders must carry basic first aid supplies, in quantities commensurate to the group size and terrain.

c) Workshops will be conducted in a manner which does not interfere with normal park operations and does not impact the park's natural and cultural resources. The Workshop Leader is responsible for ensuring all participants follow all park regulations and that no molestation or harassment of wildlife occurs.

d) The holder is responsible for promoting appropriate wildlife ethics in photography as well as safety for their clients.

e) For day time photography, participants will stay on trails to avoid trampling vegetation. No off-trail hiking or

activities are authorized. Nighttime use of trails is not permitted.

f) Arrangements for any classroom instructional sessions must be made in advance with Glacier National Park Lodges or must occur at facilities outside of the park. No government facilities are available for classroom instruction.

g) Participants (and vehicles) will be dispersed so as to not block access or interfere with the use of park by other visitors. Busy locations, such as Logan Pass at mid-day, are to be avoided.

h) If the Authorization holder does not provide transportation for workshop participants, any commercial transportation services must be arranged through park Concessioners (Glacier National Park Lodges or Sun Tours) for transportation on the Going-to-the-Sun Road between Lake McDonald Lodge and Rising Sun.

i) Group size is limited to twelve including Workshop Leaders.

j) The use of vans, shuttles, or carpooling is encouraged to reduce congestion. Vehicles must be parked in such a manner that the normal flow of traffic is not inhibited.

4) Conditions for Night Sky Photography Workshops (In addition to conditions A-J above, the following apply to all Night Sky photography activities.)

a) Detailed itineraries including dates, times, and specific locations for all night sky photography portions of workshops must be submitted with the CUA application and approved by the park in advance. Holder must adhere to approved itineraries for all night sky photography portions of workshops.

b) Participants will stay on paved or hardened areas to avoid trampling vegetation. Tripods shall only be set up on pavement, gravel or other hardened surfaces.

c) No twilight or night time guided hiking, use of trails or any off-trail activities are allowed for night sky photography workshops.

d) No spotlights or other lighting installations are permitted.

e) Use of laser pointers to point out celestial objects is limited to commercial class IIIa green laser pointers with five milliwatts (mW) or lower power, aimed above the local horizon. Laser pointers must not be pointed at persons, vehicles, aircraft or wildlife.

f) The holder must ensure participant safety, and must ensure that while operating in low-light situations, extreme care is taken to ensure participants are visible in the dark to other motorists, and must not set up in trafficked areas.

g) Camping is permitted only in designated campgrounds; sleeping in vehicles along roadsides or in parking lots is not permitted.

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APPENDIX III SITES AND SHORT WALKS THAT ARE NOT

CONSIDERED COMMERCIALLY GUIDED HIKES

Apgar: Paved trails and walks bordered by McDonald Creek, Camas Road, and Going-to-the-Sun Road.

Avalanche: Trail of the Cedars

Going-to-the-Sun Road: Lake McDonald accessible trail McDonald Creek wooden overlook Oberlin Bend walkway Paved walks at Logan Pass Sun Point Overlook Trail between Rising Sun Boat Dock and picnic area Sunrift Gorge Trail between St. Mary Campground and the St. Mary Visitor Center

Two Medicine: Running Eagle Falls

Many Glacier: Swiftcurrent Nature Trail (around the lake)

Goathaunt: Boatdock to the Snowflake

Middle Fork: Goatlick Overlook Trail

Camas Road: Huckleberry Nature Trail

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APPENDIX IV MANAGEMENT ZONES