Porterville Unified School District
Application for Use of School Facilities
It is agreed that Porterville Unified School District shall not be liable for injury or damage either to person (s) or property sustained as a result of the premises or facilities offered by the school district. Is it further agreed that the person(s) or organization(s) using the property or facilities of the school district shall save and hold the school district harmless for any damage to the property of the school district or any other person(s) or organization(s) and they shall also hold and save harmless the school district for injury to any person(s) as a result of the use of the property or facilities offered by the school district.
BEFORE APPROVAL FOR FACILITY USAGE IS GIVEN, it is agreed that any person(s) or organization(s) using the property or facilities of the school district must furnish proof of insurance in a form of a certificate of insurance not less than $500,000 which names the Porterville Unified School District 600 WEST GRAND AVE. PORTERVILLE CA 93257 "AS AN ADDITIONAL INSURED"
Rules and regulations governing the use of school property public purposes pursuant to the provisions of Education Code Sections 40040-40046
1, Applications for the use of school property shall be in writing and shall be filed with the administrative office of the Porterville Unified School District at least ten (10) days prior to date for which the use of the property is requested.
2. The organization, group, or individual using the school property shall assume liability for any property damage
3. Meetings in or on school property shall be conducted in an orderly manner and shall be open for admission to all people regardless of race, color, political, or religious preferences
4. Organizations, groups, or individuals granted the use of school facilities for dances or games where spectators are permitted shall provide police supervision during the time the facility is being used.
5. No Alcoholic beverages, controlled substances, or people who are under the influence of alcohol or controlled substance shall be permitted on school property.
6. Only people wearing “gym” shoes or socks shall be permitted on the floor of gymnasiums
7. School property shall not be used for the following purposes:
Any use inconsistent with the use of the buildings or grounds for school purposes, pursuant to Education Code Section 40041
Any us eby an individual, society, group, or organization for the commission of any act intended to further any program or movement, the purpose of which is to accomplish the overthrow of the Government of the United States or of the State of California by force, violence, or other unlawful means, pursuant to Education Code Section 40044
Any use which is contrary to good moral standards and conduct
Statement of Information
The undersigned states that to the best og her or her knowledge, the school property for use of which application is hereby made shall not be used for the commission of any act intended to further any program or movement to the purpose of which to accomplish the overthrow of the Government of the United States by force, violence, or other unlawful means. That the organization on whose behalf he or she is making application for use of school property does not to the best of her or her knowledge, advocate the overthrow of the Government of the United States or of the State of California by force, violence, or other unlawful means, and that to the best of his or her knowledge, is not a communist-action organization or Communist-front organization required by law to be registered with the Attorney General of the United States
APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES CORON-AVIRUS ADDENDUM
In addition to the attached Application and Agreement for the Use of Facilities, Applicant/Representative enters this Coronavirus Addendum which is hereby incorporated into the Application and Agreement, as follows:
1. Applicant/Representative (the “FACILITY USER”) acknowledges that the County, acting through its Health Officer, has imposed health protocols on all individuals, business and organizations, including FACILITY USER, due to the SARS- CoV- 2 virus (the “Coronavirus”). The Order incorporates additional guidelines and health standards and protocols (collectively referred to herein as “Guidelines”).
2. FACILITY USER has read and agrees to strictly, and without exception, follow all the Guidelines, as may be amended, updated or superseded from time to time. The Guidelines to strictly follow are located at various sites, including, but not limited to:
1. 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, equipment and facilities 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. It is Facility User’s responsibility to remain up-to-date on the most current Coronavirus Guidelines and to immediately implement any related protocols and procedures. Facility User agrees that Facility User, at its sole cost and expense, shall be solely responsible for implementing the required Guidelines or developing and enforcing associated 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. 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 or showing any signs or symptoms of illness, and do not return until they have met applicable criteria to discontinue home isolation and/or all symptoms of illness abate. 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 not hold the event and shall cancel the event if all Guidelines will not, are not, or cannot be met before, during, or after the event.
4. The FACILITY USER shall stop the event immediately and send all invitees/participants away if they are observed not to be meeting all required Guidelines.
5. The District may immediately 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 and/or pursuant to orders or directives of the County of Tulare or other governmental agency; or should the District otherwise determine that continued use of the facility by the FACILITY USER poses a significant health risk. 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 an consequential damages arising from such termination.
6. The District makes no representation regarding the condition of the facility in use. 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.
7. Assumption of Risk. FACILITY USER recognizes that there is presently a significant element of risk of Coronavirus transmission inherent in visiting public spaces, such as District’s facilities and grounds, and/or engaging in activities, gatherings, or events with or within proximity of others, including, without limitation, accident, personal or bodily injury, illness, viral or bacterial exposure or infection, and/or death, and that engaging in such activities may be dangerous. Facility User agrees that District cannot ensure the safety of FACILITY USER or FACILITY USER’s employees, volunteers, participants, officers, members, customers, guests, District facility invitees, and spectators from risks of the Coronavirus or other related or similar pandemics. FACILITY USER has reviewed and understands the risks reflected in the local, state, and federal alerts and guidelines, including, but not limited to, the links above. FACILITY USER assumes all risks, known and unknown, arising from Your 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 Your use and occupancy of the District facility. (“Your” is defined herein as the FACILITY USER and each of their employees, District facility invitees, participants, volunteers, students, members, spectators, and all other related persons, agents, and entities.)
8. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the Porterville Unified School District, its affiliated campuses, and their governing boards, 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. Except for the District’s intentional or sole misconduct or violation of law, this release shall 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. FACILITY USER understands that by signing this Agreement, FACILITY USER is releasing claims and giving up substantial rights, including the right to sue, and acknowledges that FACILITY USER is so voluntarily. No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made.
9. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF MYSELF AND MY ORGANIZATION, FACILITY USER AGREES TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE DISTRICT (AS DEFINED ABOVE IN SECTION 8) FREE AND HARMLESS FROM ANY 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 and agree to all of its terms and that I fully understand my responsibility to adhere to all Coronavirus guidelines and instruction during the use of the District facility. I hereby represent and warrant that I have all necessary authority to sign this Addendum and that my signature is the only signature required to bind Facility User to this Addendum.
NOTE:Applicant/Representative has digitally signed this addendum at terms and conditions confirmation submission with the following understanding: I acknowledge that I have read this addendum and agree to all of its terms and that I fully understand my responsibility to adhere to all Coronavirus guidelines and instruction during the use of the District facility.