Buchanan Elementary School
Terms of Use

Murrieta Valley Unified School District

CORONAVIRUS ADDENDUM AND HOLD HARMLESS AGREEMENT

***In addition to the Application and Agreement for the Use of MVUSD Facilities, the Applicant/ Representative enters this Coronavirus Addendum and Hold Harmless Agreement, which is hereby incorporated into the Application and Agreement, as follows:

1.     Including, but not limited to, the SARS‑CoV‑2 virus (the “Coronavirus”), the Applicant/Representative (the “FACILITY USER”) agrees to strictly follow all local, state, and federal guidelines regarding human protection from the Coronavirus (the “Guidelines”) without exception.   The Guidelines to be strictly followed by Facility User are located at various publicly accessible websites, including, but not limited to:

a.     https://covid19.ca.gov/

b.     https://www.cdc.gov/coronavirus/2019-ncov/index.html

c.     https://www.rivcoph.org/coronavirus

Facility User hereby (i) acknowledges that it has received a copy of, has read and understands, and (ii) agrees it will comply with the Guidelines as the same pertain to social distancing protocols, as such Guidelines may be amended, updated, or superseded from time to time.  Facility User further acknowledges and understands that the Guidelines set forth limitations on group gatherings and events, and additional requirements pertaining to social distancing, face coverings, hygiene, disinfection/sanitation (including frequent disinfecting and cleaning of all high-contact surfaces during Facility User’s use of District’s facility), symptom checks and screening procedures, temporary signage, and related measures pertaining to the operation of Facility User’s program and activities to prevent the spread of Coronavirus.  Facility User agrees that Facility User, at its sole cost and expense, shall be solely responsible for developing and enforcing proper protocols and procedures, and otherwise ensuring compliance with these requirements by Facility User and Facility User’s employees, volunteers, participants, partners, officers, members, agents, contractors, customers, guests, invitees, staff, and spectators.

2.    The FACILITY USER shall not hold the event at the District facility and shall cancel the event if all Guidelines will not, are not, or cannot be met before, during, or after the event. Additionally, Facility User shall have protocols and place and take all precautions necessary to ensure Facility User and its employees, volunteers, participants, partners, officers, members, agents, contractors, customers, guests, staff, invitees, and spectators do not enter District facilities, grounds, or property when they are sick, and do not return until they have met applicable criteria to discontinue home isolation.  Facility User understands and agrees that Facility User will promptly notify District upon learning or discovering someone is or becomes sick, and shall inform District, to the extent possible, of all areas used or visited by said person.

3.    The FACILITY USER shall stop the event at the District facility immediately and send all invitees/participants away if they are observed to not to be meeting all required Guidelines.

4.     The District may terminate the FACILITY USER’s use of the District facility at any time if, in the sole discretion of the District, the District determines that the FACILITY USER or their invitees/participants are not in full compliance with the Guidelines.  If the District terminates the FACILITY USER’s use of the District facility pursuant to this paragraph, the FACILITY USER will be not be entitled to a refund of any fees and will not be entitled to recover any consequential damages arising from such termination.

5.     The District makes no representation regarding the condition or suitability of the District facility in use.  It shall be the FACILITY USER’s sole responsibility to appropriately at the District facility used and thoroughly clean, disinfect, and maintain a clean, disinfected, and sanitized environment before, during, and after the event, including the use of Coronavirus products approved by the Environmental Protection Agency (EPA) and in compliance with the Healthy Schools Act (HSA).  FACILITY USER understands that District may elect to further clean and/or sanitize the District facility used by Facility User and charge back costs to FACILITY USER. Such costs will be in addition to the costs indicated on the current District facility use fee schedule adopted by the District’s governing board for the current term.

6.     Assumption of Risk; As-Is Basis.  FACILITY USER recognizes that there is presently a significant element of risk of Coronavirus transmission when any group of people gathers.  FACILITY USER has reviewed and understands the risks reflected in the local, state, and federal alerts and guidelines, including, but not limited to, the Guidelines contained at the website links above.  FACILITY USER assumes all risks, known and unknown, arising from Facility User’s use and occupancy of the District facility, including risks from the Coronavirus.  FACILITY USER assumes full responsibility for any sickness, hospitalization, bodily injury, death, loss of personal property, quarantines, and all related costs and expenses of any person arising from Facility User’s use and occupancy of the District facility. Facility User acknowledges, understands, and agrees that the District’s school facilities, grounds or equipment are being provided to Facility User on an “as-is”, “where-is” and “with any and all faults” basis, without representation or warranty, whether express or implied, of any kind whatsoever, including, without limitation, any representation or warranty of fitness or suitability for Facility User’s particular use or purposes.  It is further acknowledged, understood, agreed, and represented that, prior to using any District facility, grounds, or equipment, Facility User shall inspect the requested facility or grounds, including appurtenant facilities or grounds, and/or requested equipment, and by using the facilities, grounds, and/or equipment, Facility User stipulates and agrees that the facilities, grounds, and/or equipment are clean, safe, and in usable condition, that Facility User is satisfied with the condition, suitability, and fitness thereof, and accepts the same as being safe, in good and sanitary order, condition and repair, and reasonably suited for Facility User’s purpose.  Facility User expressly waives any and all claims for defects.

7.         Waiver and Release of Claims.  To the fullest extent permitted by law, FACILITY USER releases the Murrieta Valley Unified School District, its affiliated campuses, its governing board, affiliates, subsidiaries, divisions, administrators, directors, officers, employees, agents, and volunteers (collectively referred to herein as the “District”), from and against all claims and causes of action, for any injury or harm of any kind which may arise from or out of Facility User’s use and occupancy of the District facility, including the risks from Coronavirus.  This release is intended to discharge the District against any and all liability arising out of or connected in any way with Facility User’s use and occupancy of the District facility, even though that liability may occur or arise out of the negligence or carelessness on the part the District.  By signing this Agreement, the Facility User is releasing claims and giving up substantial rights, including the right to sue, and acknowledges that the Facility user is doing so voluntarily.  No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made. 

8.              INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, SUBJECT TO EDUCATION CODE SECTION 38134 (i), FACILITY USER AGREES TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE DISTRICT (AS DEFINED ABOVE) FREE AND HARMLESS FROM ANY ACTION, CLAIM, SUIT, DEMAND, LOSS, DAMAGE, LIABILITY, OR EXPENSE THAT MAY ARISE IN WHOLE OR IN PART FROM THE APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES AND THIS CORONAVIRUS ADDENDUM, INCLUDING AS IT RELATES TO ANY EXPOSURE TO THE CORONAVIRUS (AS DEFINED ABOVE).  THE DEFENSE AND INDEMNITY OBLIGATIONS UNDER THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE DISTRICT OR ANY OTHER PERSON OR ENTITY’S ACTIVE OR PASSIVE NEGLIGENCE.

Addendum acknowledgment: I acknowledge that I have read this addendum, agree to all terms herein, and fully understand my responsibility to adhere to all Coronavirus Guidelines and instruction during the use of the District facility.***

The Agreement is hereby incorporated into this Addendum by this reference and supplemented and amended to the extent set forth herein.  This Addendum and the attachments hereto and the documents specifically incorporated into the Agreement by reference, constitute the entire agreement between the District and Facility User.  No other promises, contracts, or statements between the Parties shall be binding unless made in writing and signed by all Parties hereto.  All other provisions of the Agreement shall remain in full force and effect and are reaffirmed.  If there is any conflict between this Addendum and any provision of the Agreement, the provisions of this Addendum shall control.  The Parties hereto hereby agree to execute all such other documents and to take all such other action as may be reasonably necessary to affect the purposes of this Addendum.

 

DISTRICT INSURANCE REQUIREMENTS

All District Insurance Requirements must be met as follows: 

The insurance company(ies) providing the insurance shall have an A. M. Best rating of not less than A-. The limits of insurance as described below shall be considered minimum requirements. Should any insurance coverage carried by the Applicant contain limits of liability that exceed these minimum liability limits, those higher limits shall be deemed to become the required minimum liability limits and shall apply for the benefit of the Additional Insured.

  1. As a condition for use of the facility, the Applicant shall procure acceptable to Murrieta Valley Unified School District.  The insurance shall be evidenced by an ACORD Form 25 with all required endorsements attached to the ACORD 25 and shall identify the school being used by Applicant in the description of operations box. The CGL policy must include effective dates covering the time period Applicant has contracted to use the facility.  Receipt of the Certificate is required 48 hours prior to Applicant’s use of the facilities. 
  2. Specifically, Applicant shall obtain and main the following insurance policies and required endorsements;

Commercial with the following required minimum limits,

  1. $1,000,000 Per Occurrence for bodily injury or property;
  2. $1,000,000 Per Occurrence for personal and advertising injury;
  3. $2,000,000 General Aggregate;
  4. $2,000,000 Products/Completed Operations Aggregate;
  5. $1,000,000 Blanket Contractual Liability/Written and Oral;
  6. $500,000 Fire Legal Liability; and

The above limits may be provided by a combination of the required coverages and an Excess Liability policy.

  1. An Additional Insured endorsement shall be included in the in the CGL policy, using the ISO Additional Insured endorsements CG 20 26, or an equivalent.
  2. A Waiver of Subrogation endorsement shall be included in the Commercial General Liability.
  3. A Primary, Non-contributory endorsement shall be included in the Commercial General Liability.
  4. Workers’ Compensation for statutory obligations and Employers’ Liability insurance plus a Waiver of Subrogation endorsement for such policy that meet California’s statutory benefits, including Employers’ Liability with a minimum liability limits of $1,000,000 for injury and $1,000,000 per accident, and $1,000,000 policy limit/disease OR if Applicant does not have any employees, a letter/email stating that must be received from Applicant
  5. All endorsements must name Murrieta Valley Unified School District, its departments, the school board, school board elected and appointed officials, administrators, principals, teachers and all other school employees, volunteers or representatives, agents, and all persons and bodies corporate acting for or on behalf of them,   as the Name Of Person Or Organization.  All endorsements must reference the policy number.
  6. Applicant shall provide written proof of its procurement of the CGL policy required by this provision, including an acknowledgement by the insurance carrier providing the CGL policy that, if the CGL policy is cancelled for any reason prior to the effective dates identified in the policy, Applicant will immediately notify, in writing, Murrieta Valley Unified School District of the cancellation.

 

RULES AND REGULATIONS

Conditions of Application for Permit

  1. There is a four (4) hour minimum rental on weekends and holidays (AR1330)
  2. All user Groups shall provide: A statement of information indicating the organization upholds the state and federal constitutions; A certificate of insurance showing that they are properly insured for their own negligent acts; an endorsement naming the Murrieta Valley Unified School District as additional insured; a hold harmless agreement.
  3. All applications shall be made at least thirty (30) days in advance of the first date of use being requested.  Late applications may be denied.  Scheduling conflicts shall be resolved first by the priority of use of school facilities and then on a first come-first served basis.
  4. Applicants for use of District facilities shall be notified whether the request is approved or denied.  If approved, a permit stating the approved times and dates together with any special requirements shall be sent to the applicant.
  5. No use of any school or District facility shall be granted to any individual or group for a period exceeding the current school year.  Use shall not constitute a monopoly of school or District facilities for the benefit of any person or group, and use privileges granted shall be renewable or revocable at the discretion of the Board at any time.
  6. The individual signing the Application for Public Use of District Facilities shall, as a condition of use, agree to be held financially responsible in the cause of loss or damage to District property.
  7. All juvenile groups using school facilities shall have an adult sponsor submit written application forms on behalf of such groups, under the same terms and conditions provided for public use of school facilities.
  8. The District shall require security as a condition of use whenever it is deemed to be in the District’s interests.

 

CONDITIONS OF USE 

Permit may be revoked if user/user groups found to be in violation of any of the following conditions:

  1. Use of tobacco, alcohol or drugs in any form is prohibited in all facilities and on all grounds throughout the District.
  2. When using stadium audio system be considerate of neighbors for both content and volume through the speakers, all music should be appropriate for minors and should not contain explicit lyrics.  The volume should meet all City noise ordinance laws.
  3. Appropriate clothing shall be worn at all times.  Obscene signs, pictures, logos will not be permitted on any material, equipment, or clothing.
  4. Use of District playing fields shall not be permitted during periods of rain or when fields remain wet following rain and when use would be harmful to the playing field.
  5. No structures, electrical modifications or mechanical apparatus may be erected or installed on District property without specific written approval by the Civic Center Office.  Persons and organizations granted the use of District facilities shall assume full responsibility for compliance with all applicable State and local fire, health and safety laws and regulations.
  6. No person/organization shall displace/remove furniture or apparatus without prior permission of the District representative in charge.
  7. No food or drink allowed in facilities without special permission of the Civic Center Office; MPR, Staff Lounge, and outside areas accepted.
  8. Storage containers will not be allowed on any campus.
  9. No use of school supplies in classrooms.  No use of the teacher’s desk and or computer at any time.
  10. No storage of equipment or supplies at any site unless pre-approved by the site administrator and the Civic Center Office.
  11. Use of whiteboards in classrooms is limited.  If the teacher has written on the board it is not to be erased.
  12. While the applicant is solely responsible for the supervision and operation of the event, if District personnel observe the facilities are being used in a manner contrary to the conditions set forth herein, the District reserves its right to demand compliance and to terminate the use of its facilities by the applicant.
  13. The applicant shall be required to have the permit with them at time of use.
  14. Using organizations shall be responsible for the control and supervision of all persons in attendance during the use of District facilities.
  15. School facilities shall not be available for entertainment of any type involving the use of hay, straw and/or animals of any type kind or size.
  16. In locations where parking is permitted on school premises, vehicles must be parked in such a manner so that fire fighting equipment may have easy access to buildings and fire hydrants at all time. NO PARKING IN RED ZONES.
  17. Events that expect more than 250 in attendance will be required to have a minimum of two custodians (one male and one female) as well as providing security as required by the Civic Center Office or at District’s discretion.
  18. Users are subject to such additional rules as may be set forth by the building principal/administrator.
  19. An approved application may be revoked with reasonable notice when District facilities are needed for school purposes.
  20. Bingo events must conform with the municipal code of the City of Murrieta and be issued a permit from the City.  The City Permit must be submitted to the Civic Center Office 2 weeks prior to the scheduled event.
  21. A Nutrition Services Worker will be required for any use of a kitchen and the user will be charged the overtime rate for said worker.
  22. The following guidelines are for use of a turf field in any high school stadium: 

a. Field is closed to all unsupervised non-school use – violators will be cited for trespassing. 

b. No Food, drink, sunflower seeds, or gum on field or track surfaces.  No “colored” hydration/energy drinks allowed.

c. No cigarettes, cigars, fireworks, or open flames allowed.

d. Proper approved shoes must be worn at all times (no stiletto type heels)

e. No bikes, skateboards, roller blades, or skates allowed on track or field

f. No paint or permanent markings are allowed on field or track surfaces.

g. No pets allowed on track or field.

h. No glass bottles/containers allowed.

  1. Cheerleading squads who use ladders/boxes MUST have a protective mat underneath the ladder/box so that it does not damage the track surface.  VEHICLES OR LIFTS ARE NOT ALLOWED ON THE TRACK OR IN THE STADIUM.

 

HOLD HARMLESS/INDEMNIFICATION AGREEMENT

The undersigned agrees to defend, indemnify and hold harmless the Murrieta Valley Unified School District, its board of trustees, agents and employees, individually and collectively, from and against any and all costs, losses, claims, actions, court costs, attorney fees, and judgments arising from personal injuries, property damage or otherwise that may arise during or result in any way from, or be alleged to be caused by, the undersigned’s use or occupancy of district facilities, furniture or equipment, including premises liability, regardless of cause, including but not limited to:

a) Death or bodily injury to persons, loss of or injury to property, or any loss, damage or expense which may have been sustained by the District or any persons, firm or corporation employed by the District upon or in connection with the activity called for in this Agreement.

b) Any injury to or death of persons or damage to property, any loss or theft sustained by persons, firms or corporations, including the Applicant, arising from any act of neglect, default, omission, negligence or willful misconduct of the Applicant, its members, agents, or any person, firm or corporation employed by the Applicant, either directly or by independent contract, spectators, participants or guests and attributable in connection with the activity covered by this Agreement, on or off District property. The Applicant, at its own expense, cost and risk, shall defend any and all actions, suits or other proceedings that may be brought or instituted against the District, its Board, officers, agents, or employees and shall pay or satisfy and such claim, demand, liability or judgment rendered against the District, its Board, officers, agents, or employees in any action, suit or other proceedings as a result of, or arising out of the activity called for in this Agreement.

 

STATEMENT OF INFORMATION

(BLANK SPACES ARE THE USING ORGANIZATION’S NAME)

The undersigned, as duly authorized representative for ___________________________ (organization name), states, that, to the best of his/her knowledge, the school property for use of which application is hereby made, will not be used for the commission of any crime or any act which is prohibited by law. The undersigned further declares that ______________________, the organization on whose behalf he/she is applying for the use of school property upholds and defends the Constitutions of the United States and the State of California. The undersigned, as duly authorized representative for _____________________ understands, and agrees to make known to its facility users, that while the District site being used under this agreement may have defibrillators (AED’s) located in one of more of its buildings, the District does not have a Public Access Defibrillator (PAD) program intended for use by the general public or facility users. AED’s will not be available for use by facility users. If the organization desires the availability of an AED, it must provide its own. The undersigned, as a duly authorized representative for _______________________ understands, and agrees they will be responsible for any charges associated with an emergency response call (i.e. 911 call).