; and (2) (A) recognize that recreation demand can vary considerably as a result of seasonal variations and during off-peak periods; and (B) take that variability into account in determining whether an allocation to a special recreation permit holder should be adjusted. (b) Waiver The Secretary may waive a special recreation permit use review for any period during which use of the assigned capacity has been prevented by a circumstance beyond the control of the permit holder such as— (1) unfavorable weather; (2) fire; (3) natural disaster; (4) wildlife displacement; or (5) business interruption. 10. Liability (a) Indemnification by government entities The Secretary concerned may not require an organization to indemnify the United States as a condition for issuing a special recreation permit for a public land unit under this Act if— (1) the organization is prohibited by State or local law from providing indemnification to the United States; and (2) the organization carries adequate liability insurance coverage, or is adequately self-insured, for activities conducted under the special recreation permit. (b) Exculpatory agreements The Secretary shall not implement, administer, or enforce any regulation or policy prohibiting the use of an exculpatory agreement between a recreation service provider and a customer of the recreation service provider for services provided under a special recreation permit.