NPS Revises Liability Policy, Reversing 40-year ban on Waivers

On Monday February 10, 2025, the National Park Service issued a policy change allowing for concessions and CUA holders to adhere to state requirements for the use of exculpatory agreements. The updated policy had been in place for 40 years. 

According to the revised policy, "all CUA holders (regardless of the level of risk associated with the services being provided) and concessioners and commercial lessees providing high-risk recreation services (as determined by the NPS) will be permitted to ask visitors (i.e., their customers) to sign exculpatory agreements that include VARs, WoLs, and indemnification clauses." 

"America Outdoors has been working since the late 1980s to amend this policy," said Aaron Bannon, America Outdoors Executive Director. "This policy change greatly simplifies outfitters' compliance challenges and makes the pursuit of affordable insurance policies viable." 

AO appreciates this action by the National Park Service, its acknowledgement of the current challenges operators face in the insurance market and appreciate their ongoing work on other aspects of insurance that are affecting availability.

You can view the policy here: NPS Field Memo - Exculpatory Agreements for Commercial Use Authorizations, Concession Contracts and Leases. This resource is available to AO members only.