Community Use of District Facilities | Facility Use Application
Chandler Unified School District
By signing below indicates your understanding that:
1. Requests to use Chandler facilities must be initiated at least 7 business days prior to the use date(s) requested.
2. A one-time non-refundable $15 application fee for each request is due upon submittal. (Payable CUSD Civic Center-Facility Rentals) T3 contracts are exempt.
3. A copy of the company's (or private individual) certificate of liability insurance listing "Chandler Unified School District" as the additional insured is required for each use of District facilities. The amount per occurrence is $1 million. Our address is 1525 West Frye Road, Chandler, Arizona 85224.
4. Failure to provide notice of cancellation within 5 business days of date(s) will result in a $25 fee or 10% of rental fee.
(whichever is greater)
5. All rental fees must be paid in full 5 business days prior to the use date(s). Late payments will incur an additional $25 fee.
6. A copy of the Facility Use Permit must be carried with your organization at all times and readily available if requested by CUSD Facilities Ranger while using CUSD facilities.
7. Food and drinks will not be allowed inside the gymnasiums.
8. Food and drink in Auditoriums require special authorization.
9. All rentals (indoor and outdoor) will be invoiced a minimum of 1 hour.
10. Restroom fees apply to all events that exceed 1 hour.
11. There will be a $25 fee or 10% of the usage cost (whichever is greater) that will be invoiced to users without pre- authorization to use the facility.
12. Field use: One grace cancellation for credit towards a future use within current school year per month/season.
13. All credits must be used within the current school year. If a credit is earned after June 15th, client will be allowed 60 days
to use the credit. (Credits given due to bad weather or cancellation by CUSD will be valid for one year from the date of the
14. If any field or playing surface which has been contracted out has visible signs of any standing water due to inclement weather
or mechanical situation out of the vendor’s control, the field is deemed unusable until such time that it can be made safe for Play.
As the duly authorized representative and on behalf of the Group, I do hereby agree to the terms and conditions set forth herein and in District Policy, and its Regulations and Exhibits, and agree that all terms and conditions that must be met prior to use will be met in accordance with the requirements of the District found in its Policy, Regulations and Exhibits. I further understand that said use might not occur until all requirements have been met.
To help ensure the safety and security of CUSD property, staff and renters, we the Group shall adhere to the updated guidelines posted by the CDC in the following link: https://www.cdc.gov/coronavirus/2019-ncov/community/large-events/mass-gatherings-ready-for-covid-19.html These guidelines will help ensure all are in compliance with state and federal regulations to help control and prevent the spread of COVD-19. Focus areas will be on healthy hygiene habits, social distancing and cleanliness of all areas. If the Group is not in compliant with the guidelines and in doing so, putting CUSD facilities or staff at risk, the Group may be asked to cancel all events moving forward.
Indemnification and Liability
The Group agrees to conduct its activities in Facility in a careful and safe manner. As a material part of the consideration to the District, the Group hereby assumes all risk of damage to and loss or theft of property, as well as injury or death to persons, related in any way to the Group's use or occupancy of any portion of Facility from any cause whatsoever, including communicable diseases and when caused in whole or in part by the District, and the Group hereby waives all claims in respect thereof against the District. the Group shall indemnify, defend, and save harmless the District and all of its employees, agents, and representatives from any and all claims, notices of claim(s), demands, suits, actions, proceedings, loss, cost, and damages of every kind and description, including any attorney's fees and/or litigation expenses, which may be brought or made against or incurred by the District, on account of loss of or damages to any property and/or for injuries to or the death of any person(s) arising in whole or in part out of any act or omission by the District or its employees, agents, representatives, invitees, or subcontractors, or arising in whole or in part out of the Group’s use of Facility, or arising in whole or in part out of workers' compensation claims or unemployment disability compensation claims of employees of the Group or out of claims under similar such laws. the Group’s obligation to indemnify, defend, and save harmless the District extends to claims, notices of claim(s), demands, suits, actions, proceedings, loss, cost, and damages arising from a communicable disease infection.
Unless agreed to in writing prior to use of the Facility, the Group understands that the District will not provide security services for the Group’s personnel, volunteers, and invitees during the use of the Facility. Accordingly, absent a written agreement to the contrary, the Group agrees and acknowledges that the District is not responsible for protecting the Group’s personnel, volunteers, and invitees from threats, assaults, criminal acts, intrusion, terrorist or other attacks, acts of violence, and other similar incidents or risks of harm or injury. Moreover, the Group agrees and acknowledges that the District is not responsible for the loss, damage, or theft of property belonging to or brought to the Facility by the Group or the Group’s personnel, volunteers, and invitees. Accordingly, the Group agrees to defend, indemnify, and hold the District and its representatives harmless in connection with any and all claims asserted by or on behalf of the Group and/or any personnel, volunteers, and invitees of the Group relating to injury to person or property occurring because of, during, or in connection with the use, occupancy, and/or presence of anyone or anything in or upon the Facility, whether or not such injury is alleged to be the fault of the District—in whole or in part.
2. Mandatory Insurance Requirement
Coincidently with the approval for use and execution of the agreement, the lessee shall procure and maintain in full force during the lessee’s occupancy a policy of public liability and property damage insurance from a reliable insurance company authorized to transact business in the State of Arizona.
In addition to the lessee, the District shall be named as additional insured in the policy, which shall include a minimum of one million dollars ($1,000,000) combined single-limit bodily injury and property damage liability coverage. Responsibility for obtaining such insurance coverage rests solely with the lessee and will be shown on the Facility Use Agreement. All outside groups using District facilities must comply with these requirements. Only District-sponsored groups that are covered by District insurance are exempt from these requirements.
The District reserves the right to re-use any portion of the facilities that become vacant during the term of any Facility Use Agreement or any area wherein the agreement therefore has been voided or canceled by either party. If the District schedules another use because of lessee’s default, no refund will be due first lessee of any sums paid in advance; e.g., the District may have incurred expenses in connection with the lessee.
4. Assignment and Subletting
No lessee shall assign or sublet any of the facilities or any area therein or any rights under the Facility Use Agreement without prior written approval from the District, which approval may be granted or withheld in the District’s sole and absolute discretion.
5. Alteration of Premises
Each lessee shall take the premises in the condition found, and in the event any lessee finds it necessary to remove or change the location of any stage, rigging, or equipment, such changes shall be made at the lessee’s expense, and the lessee shall agree to change all such equipment, stages and rigging back to the condition in which same was found. No lessee shall make any such changes or alterations without prior written approval from the designee of the District.
6. Damage to Buildings and Contents
The lessee using the facilities shall be responsible for the payment of any and all damage to the buildings, furnishings, fixtures, equipment, etc. sustained from such use, but only in proportion to and to the extent such claims are caused by the lessee or the lessee’s agents, contractors, employees, invitees, participants, licensees or patrons, ordinary wear and tear excepted. Damages to facilities for which lessee is responsible under this section shall be repaired by the District and will be billed to the organization. Failure to pay for the damages may be cause for canceling the use agreement. In the event legal remedies are necessary, lessee may be responsible for costs and fees incurred by District. No decorative or other materials shall be attached to any part of the building so as to damage the building. All decorative or other materials shall be of a noncombustible type or shall be suitably treated with a flame retardant approved by the fire department. Nor shall any persons bring, exhibit, or set off fireworks or explosives on the premises.
7. Machinery, Flammable Liquids, and Electricity
No person shall erect any engine, motor, rocket, or other machinery on the premises, nor use any gas, electricity, flammable liquid, or charcoal therein without written approval from the designee. The District electrician or his representative must make all electrical connection of any kind, and District personnel approved by the designee, must operate all District equipment at lessee’s expense.
8. Obstruction of Doors, Passageways, Sidewalks, Corridors, or Lobbies
No portions of the sidewalks, entries, passageways, doors, aisles, elevators, vestibules, windows, ventilators, lighting fixtures, fire lanes or hydrants, or ways of access to the public utilities of the premises shall be obstructed or caused to be obstructed, or caused to be
used for any purpose other than that originally intended by the District. Any damage resulting from the misuse of any portion of the premises shall be repaired by the District and billed to the lessee.
9. Liability for Lessee Property
The District shall not be liable for any loss, damage, or injury to properties of any kind that are shipped or otherwise delivered to or stored in or on the premises. Properties shall not be delivered until the lessee has made proper arrangements for receiving, handling, and storage of such material.
10. Lost or Misplaced Articles
The District shall have the sole right to collect and have the custody of articles left on the premises by the lessee’s patrons and to provide the disposition thereof. Such articles shall be kept on the premises for sixty (60) days and then disposed of, as the designee
deems advisable. The District shall assume no responsibility for losses suffered by the lessee or the lessee’s agents, servants, or employees that are occasioned by the theft or disappearance of equipment, articles, or other personal property.
11. Abandoned Equipment Any equipment or effects of the lessee remaining on the premises for more then ten (10) days after the expiration of the agreement shall be deemed abandoned and shall be disposed of by the District’s designee as deemed advisable by the District.
12. Entrance and Exit
All persons shall use-and all articles, exhibits, fixtures, displays, and other equipment shall be brought into and out of the building only at- designated entrances and exits. Vehicular traffic or parking in areas on the premises not designated for such purposes shall require prior approval by the designee of the District. If no approval, vehicles may be towed at lessee’s expense.
13. Permits and Licenses
The lessee has the responsibility to obtain any additional permits and licenses required by, and shall permit inspection by, appropriate personnel, e.g., health permits or inspection by the fire marshal.
14. Security and Safety Patrol
Unless agreed to in writing prior the use of the facilities, Lessee understands that the District will not provide security services for Lessee’s personnel, volunteers, and invitees during the use of the facilities. Accordingly, absent a written agreement the DISTRICT is not responsible for protecting Lessee’s personnel, volunteers, and invitees from threats, assaults, intrusion, terrorist attacks, random acts of violence, and other incidents of a similar nature.
15. Observance of the Law
The laws of the State of Arizona, the courts of which State shall have jurisdiction of the subject matter hereof, shall govern this agreement. The lessee of the facilities shall comply with all laws of the United States and the State of Arizona and with all applicable
city ordinances, including any rules and regulations for the facilities under the charge and control of the District. Violations by the lessee may result in cancellation of the agreement and discontinuance of the use of the facilities. To the extent lessee’s use of the facility involves the performance of copyright protected material or the recording of such performance,
lessee agrees to obtain any necessary copyright licenses or permissions associated with such performance and any recording of such performance by the lessee or any individual acting on behalf of the lessee. In the extent a claim is made against the District arising out
of any alleged copyright infringement as a result of lessee’s use of the facility, lessee agrees to indemnify and hold the District harmless from any and all damages, including attorney’s fees. In the event of any action, suit or proceeding arising from or based upon
the agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its attorneys’ fees in connection therewith in addition to the costs of that action, suit or proceeding.
16. Objectionable Performances of Persons
Any use of the facilities that is contrary to public policy or that is not in the best interests of the District, or is in any violation of any law, shall be a violation of the agreement, and any performer or any other person whose conduct is objectionable, disorderly, or disruptive
to facility use, or in violation of any law, shall be refused entrance or shall be immediately removed from the premises by the District’s designee.
The parties agree that neither lessee nor any employees or other personnel of lessee will for any purpose be considered employees of District, and with respect to lessee and any employees or other personnel of lessee, District shall not be responsible in any manner for
the supervision, direction, and control of lessee and/or any of it’s employees or other personnel, the payment of salary (including the withholding of income taxes and social security) of any such employees or other personnel, and/or the provision of workers’ compensation and disability benefits for any such employees or other personnel.
18. Signs, Posters, and Literature
The licensee shall not post or permit to be posted any sign upon said premises or anything that will tend to injure, mar, or in any manner deface said premises, and will not permit nails, hooks, adhesive fasteners, tacks, or screws to be installed on any part of the
building or premises. Signs may be posted only on billboards provided for such use, and all signs advertisements, posters, etc., must be related to the performance or exhibition to be given on the premises. The hanging of pictures, banners, or any other items on walls
or draperies requires written prior approval by the designee of the District.
The lessee shall not distribute or circulate or permit to be circulated any advertising matter or program at the entrance to or on any part of the premises that does not pertain completely to the immediate attraction. Such material must have prior approval from the District’s
designee, and at no time shall any such advertising matter or programs be distributed or circulated on parking facilities or sidewalks adjacent to the facilities.
All advertisement of performances and/or attractions for which an admission is to be charged must state the total admission prices. The lessee shall not advertise any performance or the appearance of any performer unless and until agreements between all parties
involved have been properly executed prior to signing the agreement with the District. All advertising must clearly state the sponsoring agent.
20. Facility Capacity
Persons will not be permitted inside any facility in excess of its established capacity. Enforcement of the requirement rests solely with the lessee.
21. Suspension of Use
District may, by written notice, direct lessee to suspend its use of the facility for such period of time as may be determined by District to be necessary or desirable. Upon receipt of such termination notice, lessee shall immediately discontinue use to the facility under this
agreement. Payment for use already completed or in process at the time of the notice of termination is received shall be adjusted between District and lessee in a fair and reasonable manner, but shall exclude any allowance for unperformed use or anticipated profits thereon.
22. Termination of Use
The District has the right to terminate the use agreement (invoice) in the event the lessee or the lessee’s representative is found to be in violation of District rules, regulations, or procedures or the lessee’s use is found to interfere with the District’s instructional program.
The lessee will be given written notification of the cause for termination of the agreement and the date on which the lessee is to discontinue use of the District’s facilities.
In case of fire, casualty, or other unforeseen occurrences that render impossible the fulfillment of an agreement by the District, said agreement shall be immediately terminated by the designee of the District. In such cases, payments shall be paid only for the time the premises are actually used. The lessee shall waive any and all claims for damages in the event of such termination.
23. Conflict of Interest
The parties understand that this agreement is subject to cancellation pursuant to A.R.S. 38-511, without penalty or further obligation on the part of the District, if any person significantly involved in initiating, negotiating, securing, drafting, or creating this agreement on behalf of the District is, at any time while this agreement or any extension hereof is in effect, an employee or agent of lessee, in any capacity, or a consultant to lessee, with respect to the subject matter of this agreement.
24. Priority of District Activities
For all scheduled recurring events, if unexpected or unplanned District activity is planned after a facility has been scheduled for an outside agency program, the District activity will take priority, provided the District finds an alternative location for the outside agency sponsored activity.
25. Force Majeure
Should the performance of any term or condition contained in this Facilities Use Agreement be delayed by pandemics, strikes, lockouts, civil strife, war, natural disasters, action of the elements, unavailability of materials or supplies or any other event beyond the control of the party required to perform (excluding, however, in all cases, financial inability), the time for performance will be deemed extended by the number of days during which performance was necessarily delayed by any one or more of the above, unless the District has previously agreed to allow another user to occupy the Facility or needs the Facility for its operations at the end of the termination period.
Five (5) business days written notice is required for cancellation of the agreement by the lessee. Notice should be sent to the school/facility of intended occupancy. Failure to provide five (5) business days written notice will result in a $25.00 penalty per use. Additional custodial charges may apply.
In the event that the lessee fails to pay any fee or other sum required to be paid by lessee hereunder when due or otherwise fails to comply with or observe any other provisions of this agreement, in addition to any other remedy that may be available to District by
reason of such failure, whether at law or in equity, District may immediately and unilaterally terminate this agreement and all rights of lessee hereunder-including any right of adjustment of amounts paid hereunder. The lessee, in accepting this agreement, shall agree that the District shall not be liable to prosecute, nor be held liable for damages in the event that the District declares the lessee in default thereof.
28. Amendments to Contract
Any and all amendments/changes to an existing invoice/agreement must be submitted in writing on a Request for Use of Facilities application form and submitted to the District’s designee. These changes shall be subject to the approval of the District’s designee and Principal and shall be considered binding in the same manner as a full invoice/agreement. There will be a $15.00 change fee assessed per change.
When using the facility, or any portion thereof, lessee agrees to comply with all applicable state, federal or city laws and regulations, and with the policies and regulations of the District pertaining to the use and occupancy of the facility. Lessee agrees to take good care of the facility and any equipment and furniture located therein, and to leave the facility at all times in as good order and condition as existed prior to lessee’s use thereof, ordinary wear and tear excepted. Lessee shall not use or allow any portion of the facility to be used for any unlawful purpose. Lessee shall not commit or allow to be committed any waste or nuisance in or about the facility, or subject the facility to any use that would damage any portion of the facility or raise or violate any insurance coverage maintained by the District. Lessee shall not allow a number of persons in any portion of the facility at any time in excess of the legal or normal capacity of such portion of the facility. Lessee shall not permit any food or drink in any portion of the facility without the prior written consent of theDistrict. All activities must be under competent adult supervision supplied by the lessee.
The District’s designee may require the lessee to provide additional adult supervision, custodial support, or security, as the District’s designee deems appropriate. When facilities are used by any organization during hours outside of the normal workday, or during a time
when a staff member is not normally present, a District employee must be present. Compensation for employees will be in addition to facility use fees. Payment to employees will be made by the District and billed to the lessee according to the fee schedule.
The following specific rules shall be observed while using any facility, and the lessee shall be held responsible for enforcing them and for any damages growing out of any violation thereof:
29.1 The use of tobacco or tobacco related products in any form, are prohibited at any facility.
29.2 Drinking of alcoholic beverages or gambling anywhere in or on the premises is prohibited.
29.3 Food and drinks shall not be allowed inside school gymnasiums.
29.4 Persons attending functions shall confine themselves to the specific part of the facility assigned in the agreement/invoice.
29.5 The use of school equipment or supplies shall not be permitted without permission of the designee as outlined in the agreement/invoice.
29.6 Facilities must be vacated within a reasonable time after completion of the event, unless permission is otherwise granted specifically in the agreement/invoice. It is the responsibility of the lessee to see that this requirement is administered.
30. Use of District Kitchens No District kitchen facility shall be used except as specifically outlined by the Director of Food Services and approved by the District’s
designee. Charges for food served and/or staff necessary to serve food shall be established by the Director of Food Services, approved by the District’s designee, and paid directly to the Food Services Department.
31. Special-Interest Groups
Setup and rearranging of chairs, etc., is the responsibility of the lessee. The storing of paraphernalia may be a part of this agreement, contingent upon space availability at the designated site. A fee shall be charged for the storage of equipment/paraphernalia. The fee shall be based upon the monthly cost per square foot of space utilized.
32. Facility Space
To take proper care of the facility space usage and complementing facilities during the period of their use and to return the facilities to the District no later than the day following the last scheduled day of the approved agreement in good condition, less normal wear and tear (as judged by the principal and the District’s designee). If facilities have not been restored to original condition by the day following the last scheduled activity, the District shall restore the facilities, and the cost of such restoration shall become the financial obligation of the lessee. Should said obligation exceed the deposit on file with the District, the balance thereof will be billed to the organization and must be paid within the period set forth in the invoice from the District. Failure to meet this payment obligation within a reasonable amount of time shall constitute proper reason for disallowing further use of the facilities by lessee.
32.1 The principal of the school involved and the District designee shall judge jointly whether proper care and policing of the facilities are being carried out during the period of use.
32.2 Preparation of the ground for the lessee’s program shall not interfere in any way with the school program at any site. Lessees may not work on grounds’ preparation during school hours.
32.4 The issuance of keys to facilities is to be discouraged. However, if no alternative is suitable, it shall be the Principal’s responsibility to issue and retrieve facility keys according to the District key control procedures.
32.5 The lessee shall make no modification of the school premises for activities, without approval by the District’s designee.
32.6 Nothing shall be sold, given, exhibited, or displayed for sale without prior permission from the school.
32.7 A concession stand shall be opened for operation only with prior approval by the designee, and only on dates when games are regularly scheduled.
32.8 The lessee must be responsible for the upkeep of the playing fields.
32.9 Glass containers and other breakable articles shall not be distributed by the concession stands.
32.10 Public address systems, when used, shall be operated with a volume setting low enough to avoid disturbance of households in areas adjacent to the schools. Excessive loudness, unnecessary announcements, and extraneous comments are to be avoided.
32.11 No team practice or regularly scheduled game shall begin at such time as to interfere with the school program at any site.
32.12 The field lights shall not be turned on for any purpose other than for sessions as provided for in the agreement/invoice.
32.13 No facilities shall be erected without prior written consent of the District.
32.14 The lessee shall exercise no control or jurisdiction over the property of the District, the improvements, or the premises
except to have policing privileges of the grounds during the time that the lessee’s activities are being conducted, and except as otherwise provided herein.
33. Athletic Activity and Mild Traumatic Brain/Injury/Concussion Notification Procedures
Please initial the following facility use requirements if your request/s involve students in athletic activity. If your facility use does not involve students in athletic activity please place an N/A on the “Please Initial” line. Visit www.nfhslearn.com/index.aspx for more information.
33.1 I am aware of the requirements of SB-1521 which requires organizations who use school district facilities, for athletic activity, to implement safety protocols related to concussions resulting from the activity that address the removal of students from play, criteria for the return of students to play, and the use of appropriate equipment by student athletes.
33.2 Student athletes and their parents/guardians receive information from our organization and are made aware of the symptoms of a concussion and the techniques for appropriate response and prevention.
33.3 The organization who requests facility use is responsible to maintain accurate records of Mild Traumatic Brain/Injury/Concussion Statements and Acknowledgment Forms which outlines the risks and responsibilities associated with concussions in athletic activity. The organization requesting use of district facilities acknowledges that it must satisfy the requirements of Board policy JJIB and Board regulation JJIB-R during use of the facility. Visit http://www.boarddocs.com/az/chandler/Board.nsf/Public#. In the search area type ‘JJIB’, ‘JJIB-R’ or ‘concussion’.
The failure of District to insist upon strict performance of any of the provisions of this Agreement or to exercise any rights or remedies provided by this Agreement, or lessee’s delay in the exercise of any such rights shall not exclude lessee from any of its responsibilities or obligations imposed by this Agreement and shall not be deemed a waiver of any right of District to insist upon strict performance of this Agreement. In the event of a dispute hereunder, the parties agree to use arbitration insofar as required by Sections 12-1518 and 12-133, Arizona Revised Statues, and rules promulgated thereunder. This Agreement constitutes the entire agreement and understanding between the parties concerning the matters addressed herein, may not be modified orally, and supersedes any and all previous agreements or understandings, whether written or oral, between or among the parties relating to such matters.
If any provision of this Agreement is held to be illegal or invalid by a count of competent jurisdiction, such provision shall be deemed severed and deleted; and neither such provision, not its severerance and deletion, shall affect the validity of the remaining provisions.
Both parties agree to not discriminate against any person on the basis of race, color, sex, religion, national origin, age or handicap. The individual signing below on behalf of the lessee hereby represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the lessee and that this Agreement is binding upon the lessee in accordance with its terms.
**All fees associated with the use are due 5 business days prior to the date of approved use.
* * *
CUSD80 School District
Waiver, Release, and Assumption of Risk Form
On behalf of myself, as the renter,______________________________, I hereby agree to rent to ___________ . [name of school]. As the renter I assume any and all risks associated with renting the school spaces on the campus.
I specifically assume all risks and hazards associated with renting the school including but not limited to, the risks associated with the novel COVID-19 virus. I understand that as a renter, my area of occupancy along with the group I am bringing in to utilize the space may contract COVID-19, and other viruses and diseases, during my rental agreement. Although the children and adults may have their temperatures taken upon entering the school, that precaution is not nearly adequate to prevent the spread of COVID-19 given, among other things, the relatively long incubation period, and the fact that many infected persons are asymptomatic. I understand and voluntarily assume the risk that myself or any one that utilizes the rental space I have agreed to use may acquire COVID-19, and that COVID-19 may subsequently be transmitted from my participants to me, my family, and members of my household.
I certify that I am in good health, have no fever, and have no current issues that make it unsafe for any or my participants or staff to utilize the rental space. I will notify the school and not suspend any rental agreement if I or my staff or participants develops a fever or illness or tests positive for COVID-19
To the fullest extent permitted by law, I hereby agree to waive, release, and discharge any and all claims, causes of action, damages, and rights of any kind against the school, the school district, its insurers, the district’s governing board, and all of their respective employees, agents, representatives, and volunteers (the “Released Parties”) arising from or relating in any way to any damage, injury, trauma, illness, loss, unwanted contact, harassment, disability, dismemberment, or death that may occur to me, staff, participants or my household members—whatever the cause—due to my rental participation at the school. This includes, without limitation, any claim arising from the negligence of the Released Parties.
I further agree not to sue the Released Parties, and to defend and indemnify the Released Parties for all claims, damages, losses, or expenses, including attorneys’ fees, if a suit is filed concerning an injury, illness, or death to me, my child, or my household members resulting from renting a school space.