Colina Middle School
Terms of Use

RESPONSIBILITY.  To the fullest extent permitted by law, Applicant agrees to defend, indemnify, and hold harmless Conejo Valley Unified School District, its governing board, officers, agents, employees, successors, assigns, independent contractors and/or volunteers from and against any and all claims, demands, monetary or other losses, loss of use, damages and expenses,, including but not limited to, legal fees and costs, or other obligations or claims arising out of any liability or damage to person or property resulting from bodily injury, illness, communicable disease, virus, pandemic, or any other loss, sustained or claimed to have been sustained arising out of activities of the Applicant or those of any of its officers, agents, employees, participants, vendors, customers or subcontractors of Applicant, whether such act or omission is authorized by this Agreement or not.  Applicant also agrees to pay for any and all damage to the teal and personal property of the District, or loss or theft of such property, or damage to the Property done or caused by such persons.  District assumes no responsibility whatsoever for any property placed on District premises by Applicant, Applicant’s agents, employees, participants, vendors, customers or subcontractors.  Applicant further hereby waives any and all rights of subrogation that it may have against the District.  The provisions of this statement do not apply to any damage or losses caused solely by the negligence of the District or any of its governing board, officers, agents, employees and/or volunteers.

 

Applicant guarantees payment of all fees and charges assessed by the school district. In the event of cancellation, the Applicant agrees to notify the District’s Civic Center Coordinator 7 business days in advance to avoid paying full charges. Applicant will be charged for any costs incurred due to a cancellation. The District retains the right to revoke this permit based upon knowledge of verified complaints concerning illegal or unethical operations or business practices of the entity renting District facilities. Except in the case of particularly egregious violations, the District will notify the entity of the concerns and provide them a period of 30 days to correct the violations.

 

FORCE MAJEURE.  Neither party will be liable for failure or delay to perform obligations under this Agreement which have become practicably impossible or infeasible because of circumstances beyond the reasonable control of the applicable party. Such circumstances include, without limitation, natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; civil unrest or riots; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party’s reasonable control. Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimize the impact thereof. All due dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent duties and obligations for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.

 

COVID-19: Applicant acknowledges the Coronavirus (COVID-19) pandemic is a worldwide risk to human health.  COVID-19 is highly contagious and can spread easily and exponentially. While persons of all ages are at risk of contracting COVID-19, persons with compromised immune systems and older persons may be at particular risk. With full awareness and appreciation of the risks involved, Applicant, for itself, its agents, employees, participants, vendors, customers and subcontractors, hereby forever releases, waives, discharges, holds harmless and covenants not to sue District, its governing board, officers, agents, employees, successors, assigns, independent contractors and/or volunteers from any and all liability claims, demands, actions or causes of action whatsoever directly or indirectly arising out of or related to any loss, damage or injury, including death, that may be sustained by Applicant, its agents, employees, participants, vendors, customers and subcontractors related to COVID-19 regardless of whether caused by the negligence of the District, its governing board, officers, agents, employees successors, assigns, independent contractors and/or volunteers, any third party using the facility subject to this Agreement or otherwise while participating in any activity while in, on or around the facility or while using the facility, equipment or furnishings.

Applicant agrees to taking all steps and action necessary or required to address the COIVD-19 pandemic with respect to this Agreement, including, but not limited to, ensuring any of Applicant’s agents, employees, participants, vendors, customers, subcontractors and volunteers comply with all current and subsequent requirements and recommendations issued by any governmental agency (including the City, County, State or Federal Government and related health care agencies) related to the COVID-19 pandemic that are applicable to the Property. Applicant shall be solely responsible for determining and implementing the specific actions and requirements applicable to purpose of this Agreement for the activity to be conducted at the Property, including, but not limited to, any limitation of the number of attendees, required protective apparel (e.g. face mask, gloves), social distancing requirements or recommendations applicable at the time, implementing any cleaning measures required or suggested to ensure the property is safe for use prior to any of Applicant’s, agents, employees, participants, vendors, customers, volunteers and/or subcontractors enter the Property and similarly adequately cleaning the Property after any such use as required.

 

RESPONSIBILITY: Applicant hereby agrees to hold CVUSD, its Board of Education, the individual members thereof, and all District officers, agents and employees  free and harmless from  such  loss,  damage,  liability,  cost  and  expense  that  may  arise  during  or  be  caused  in any  way  by  such  use  or occupancy of school property.  Further, the organization or group you represent shall assume full responsibility for adequate care and protection of the school  property involved  under  the  request,  and  will  reimburse  the  District  in full  for  any  damage  or  loss, which  might  occur. Applicant  guarantees payment  of  all  fees  and  charges  assessed  by  the  school  district.  In  the  event  of  cancellation,  the  applicant  agrees  to  notify  the  CVUSD Civic Center 7 business days in advance to avoid paying full charges. You will be charged for any costs incurred due to a cancellation. Conejo Valley Unified School District retains the right to revoke this permit based upon knowledge of verified complaints concerning illegal or unethical operations or business practices of the entity renting District facilities. Except in the case of particularly egregious violations, the District will notify the entity of the concerns and provide them a period of 30 days to correct the violations.

 

Rules and Regulations

 
  1. Applications

    1. Applications shall be made on official District forms available at the Civic Center Office at 1400 E. Janss Road, Thousand Oaks, or online at www.conejousd.org

    2. Applications shall be submitted at least two weeks in advance of the desired date of use.

    3. All organizations or groups seeking use of the school premises must designate an individual who shall be held responsible for the group or organization and for the signing of the application.

    4. Applications will be denied if past history of use by organization or similar use has resulted in violation of these rules, inconvenience for school use, unpaid District invoices, or unpaid costs for damages.

  2. Open to the Public

    1. All meetings under the Civic Center Act shall be open to the general public.

  3. No Monopoly

    1. No use shall be granted in such a manner as to constitute a monopoly for benefit on any person or organization.

  4. Interference with Educational Programs

    1. Permission to use facilities may be granted only when the property is not needed for educational purposes. A permit may be cancelled whenever a need for the facilities for educational purposes arises after issuance of a permit. NO use shall be inconsistent with the use of the buildings or grounds for school purposes, or interfere with the regular conduct of school work.

  5. Scheduling

    1. Use of the facilities will be scheduled only when they are available at the time desired for use.

  6. One Year Limit

    1. No privilege of using school facilities shall be granted for a period exceeding one year. All permits expire at the end of June of each year or earlier, depending upon the validity date and expiration of the organization’s insurance.

  7. Closing Time

    1. Facilities shall not be used later than 10:30 PM except upon special permission of the Assistant Superintendent, Business Services.

  8. Charges

    1. All charges for use of facilities shall be remitted to the District’s Business Office prior to use of the facilities.

  9. Custodian Assignment

    1. The District shall assign a Custodian to open and close the buildings and grounds; and who shall have the power of a police officer to enforce regulations, prevent disturbances. School facilities shall be under the direct charge of the Custodian assigned and shall be under the general supervision of the Principal of the school.

    2. The assigned Custodian shall be provided an elevator key(s) when an event takes place at a school site with multiple levels.  In the event that Permittee experiences problems and/or requires assistance in accessing campus elevators, the Permittee shall contact the assigned Custodian immediately.

  10. Kitchen Facilities

    1. A member of the District cafeteria staff must be present if kitchen equipment is to be used unless requirement waived by Business manager.

    2. Kitchen facilities are available only after 4:00 PM on days school is in session.

    3. Serving of beverages only, in which no cafeteria equipment, utensils, or supplies are used, need not have a cafeteria employee present.

  11. Special Equipment

    1. Besides tables and chairs, use of any other District equipment requires the approval of the building Principal and must be operated by a District employee.

  12. Protection of Facilities

    1. All permits will be issued for specific rooms and for specific hours. It shall be the responsibility of the permittee using the building to see that the unauthorized portions of the building are not used by its attendees.

  13. Campus Elevators

    1. For any events requiring the use of school facilities located on upper-level floors/levels, campus elevators will be available and in operable condition for use by the Permittee. The District will provide the Permittee a key(s) to use campus elevators in accessing upper-level floors.

    2. During the use of school facilities, the Permittee is responsible for ensuring that all event participants with physical and/or medical impairment(s) that prevents them from ascending and descending stairs are aware of the availability of the campus elevators and are provided access to campus elevators.  In accordance with this obligation, the Permittee must notify the District if any of its participants require access to a campus elevator prior to the start of the event.  In the event that any of Permittee’s participants require access to campus elevators due to a physical and/or medical impairment, Permittee shall inform the participants of the availability and location of campus elevators.  Permittee shall utilize the District provided elevator key to provide access to all participants requiring the use of the elevator.    

  14. Open Meeting

    1. Immediately following the opening of the meeting, a statement shall be read informing those in attendance that the Board of Education is not sponsoring the meeting and is neither approving nor disapproving what is to be said at the meeting and also informing them as to the nature of the organization holding the meeting and the purpose for which the meeting is held.

  15. No Violation of Law

    1. No activity shall be conducted which constitutes a violation of any federal, state, or local law.

  16. Profanity, etc.

    1. The use of profanity, possession or use of intoxicating liquors, drugs, or narcotics, quarreling or fighting, betting or other forms of gambling, conducting a raffle or lottery, are prohibited and shall be enforced by the permittee.

  17. Safety Regulations

    1. The user at all times during the use and occupancy of the premises shall thoroughly comply with all ordinances, laws and regulations affecting the use and occupancy thereof, including all state and local fire, health, and safety laws, ordinances, and regulations. User agrees to enforce “No Smoking” rules within any building; also in any other place if such a place is posted against smoking.

    2. Lighted candles and any devices having any form of open flame are prohibited; any material or device which constitutes a fire hazard is expressly prohibited.

  18. Gym Floor

    1. No person wearing street shoes of any type shall be permitted to walk on the gym floor when participating in basketball, volleyball, badminton, and similar types of activities.

  19. Erection of Structures, etc.

    1. No structures may be erected or assembled on school premises nor may any electrical, mechanical, or other equipment be brought thereon unless authorized.

  20. Damages

    1. All school property shall be left in the same order, condition, and degree of cleanliness as existed at the time of entry. Any organization or group using school facilities shall reimburse the District the actual cost of repair or replacement due to any damage to facilities or equipment associated with the use of the facilities.

  21. Gratuities

    1. No money shall be paid to any school employee in the form of a “tip” or “gratuity”.

  22. Neighbors

    1. All groups are responsible to ensure that their participants and spectators respect the privacy of residents adjacent to facilities and play fields. Activities of any type that disturb or cause extreme annoyance to neighbors are prohibited.

 

General Rules

    

  1. All organizations or groups seeking use of the school premises must designate an individual who shall be held responsible for the group or organization and for the signing of the Civic Center Facilities Use Agreement and Application for Permit.  The designated individual shall be responsible for ensuring that all event participants with physical and/or medical impairment(s) are aware of the availability of the campus elevators and are provided access to campus elevators.

 

Buildings & Grounds

    

  1. For any events requiring the use of school facilities located on upper-level floors/levels, campus elevators will be available and in operable condition for use by the group or organization.  The group or organization shall not deny any event participant access to campus elevators due to a physical and/or medical impairment(s).  In the event the group or organization experiences problems and/or requires assistance accessing campus elevators, the group or organization shall contact the assigned Custodian immediately.

 

Failure to comply with District Rules and Regulations may result in the denial of future use of school facilities.