Special Use Permit Park Conditions

As you proceed with the Special Use Permit process, please read through the following conditions for Special Use Permits. It is the responsibility of the permitee to familiarize themselves with the following conditions for Special Use Permits and ensure that they are followed by all members of your party. When the permitting process is complete, the permitee will be required to sign a document saying that you will comply with the following conditions.

 

Standard Conditions (NPS Service Wide)

1. The permitee is prohibited from giving false information; to do so will be considered a breach of conditions and be grounds for revocation: [36 CFR 2.32(a)(3)].
2. This permit may not be transferred or assigned without the prior written consent of the Superintendent.
3. The permitee shall exercise this privilege subject to the supervision of the Superintendent or designee, and shall comply with all applicable Federal, State, county and municipal laws, ordinances, regulations, codes, and the terms and conditions of this permit. Failure to do so may result in the immediate suspension of the permitted activity or the revocation of the permit. All costs associated with clean up or damage repairs in conjunction with a revoked permit will be the responsibility of the permitee.
4. The permitee is responsible for making all necessary contacts and arrangements with other Federal, State, and local agencies to secure required inspections, permits, licenses, etc.
5. The park area associated with this permit will remain open and available to the public during park visiting hours. This permit does not guarantee exclusive use of an area. Permit activities will not unduly interfere with other park visitors’ use and enjoyment of the area.
6. This permit may be revoked at the discretion of the Superintendent upon 24 hours’ notice
7. This permit may be revoked without notice if damage to resources or facilities occurs or is threatened, notwithstanding any other term or condition of the permit to the contrary.
8. This permit is made 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 of any person or persons or property of any kind whatsoever, whether to the person or property of the Permitee, 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 permit or occasioned by any occupancy or use of said premises or any activity carried on by the Permitee in connection herewith, and the Permitee 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.
9. Permitee agrees to carry general liability insurance against claims occasioned by the action or omissions of the permitee, its agents and employees in carrying out the activities and operations authorized by this permit. The policy shall be in the amount of $___________ per Occurrence, $___________ Aggregate and underwritten by a United States company naming the United States of America as additional insured. The permitee agrees to provide the Superintendent with a Certificate of Insurance with the proper endorsements prior to the effective date of the permit.
10. Permitee agrees to deposit with the park a bond in the amount of $____________ from an authorized bonding company or in the form of cash or cash equivalent, to guarantee that all financial obligations to the park will be met.
11. Costs incurred by the park as a result of accepting and processing the application and managing and monitoring the permitted activity will be reimbursed by the permitee. Administrative costs and estimated costs for activities on site must be paid when the permit is approved. If any additional costs are incurred by the park, the permitee will be billed at the conclusion of the permit. Should the estimated costs paid exceed the actual costs incurred; the difference will be returned to the permitee.
12. The person(s) named on the permit as in charge of the permitted activity on-site must have full authority to make any decisions about the activity and must remain available at all times. He/she shall be responsible for all individuals, groups, vendors, etc. involved with the permit
13. Nothing herein contained shall be construed as binding the Service to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this permit for the fiscal year, or to involve the Service in any contract or other obligation for the further expenditure of money in excess of such appropriations or allocations.
14. If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law.

Park Specific Conditions

1. The PERMITEE is responsible for providing all necessary equipment/objects to conduct this activity. All equipment must be removed from the park immediately following the conclusion of the event. Items left in the park will be considered abandoned property and will not be the responsibility of the National Park Service.
2. Overnight use is prohibited. Permits are only granted during normal operating hours
3. The location and placement of all equipment is at the discretion of the National Park Service and subject to relocating for resource protection, safety concerns, etc.
4. No interference with the pedestrian traffic and no blocking of entrances, sidewalks, or driveways are allowed. No impediment to or disruption of vehicular traffic is permitted. No interference with business operations is permitted. All areas are to remain open to the general public at all times.
5. The sale of merchandise in the park is prohibited by Title 36 C.F.R. § 3 except for the sale of printed matter as defined in Title 36 C.F.R. § 2.52. Commercial notices or advertisements shall not be displayed, posted or distributed on park property. Printed matter will be limited to message-bearing textual printed material such as books, pamphlets, magazines and leaflets whose primary purpose is the advocacy, definition or explanation of a group's or individual’s political, religious, scientific or moral beliefs. PERMITEE may also distribute printed material free of charge. All other forms of merchandise, including posters, coffee mugs, audio tapes, DVDs, video tapes, T-shirts, hats and other clothing materials may not be sold under this regulation.
6. Only signs and/or banners specifically identifying and/or announcing the event or portion of the event are permitted. The PERMITEE may, as part of sponsor recognition, include sponsor logos on in-park posters, banners, signs or other materials identifying the permitted activity during the activity, in the park area assigned for the activity, provided that (a) the lettering and design of each logo shall be no larger than 1/3 the size of the lettering and design of the information identifying the permitted activity; (b) the logo does not include a corporate or marketing tagline; and (c) posters, banners and signs are not affixed to natural or historical objects or to National Park Service signs.
7. Logistical vehicles must unload and load from the parking lot or loading zone. No driving or parking is allowed on the sidewalks or beach areas. All equipment must be hand-carried and/or hand-carted to event site. All vehicles must park in available public spaces at the visitor center or picnic area parking lot in accordance to posted time limits. No park parking spaces have been designated for this permitted activity.
8. Natural and cultural resources, and landscape features, must be protected from damage or injury. Throughout the course of this permit, the PERMITEE will require its employees/volunteers, and contractors, to exercise special care and attention to protect the resources of the park and its environs. In addition, PERMITEE must supervise their contractors and employees during set-up and teardown to assure that there is no damage to park resources.
9. No wires or cables are to be attached to trees or other vegetation or flown aerially. Any wires or cables required in support of permitted activities must be run on the ground, in troughs or Yellow Jackets, to prevent tripping hazards.
10. A complete and legible copy of this permit must be retained on-site at all times by the PERMITEE while operating under the authority granted.
11. Representatives of the Park and the permitee will conduct a general site survey of the area the day before the event. A similar site survey will be conducted immediately
    after the event. If the area after the event is not in the same or better condition as found on Friday, the permitee will be required to bring the area up to standard.
12. The PERMITEE shall collect and remove from parkland all trash and debris that is generated as a result of this activity. Any trash generated as a result of this activity will be placed in appropriate trash containers provided by the National Park Service and located throughout the park. All recyclable materials should be placed in appropriate receptacles provided by the National Park Service and located throughout the park.
13. All regulations in 36CFR must be followed, including the Superintendent’s compendium.