Chula Vista Elementary School District
Terms of Use

CHULA VISTA ELEMENTARY SCHOOL DISTRICT 

TERMS AND CONDITIONS FOR USE OF DISTRICT FACILITIES 

WAIVER AND RELEASE OF LIABILITY 

To the fullest extent permitted by law, Applicant hereby agrees to waive all claims against the  Chula Vista Elementary School District, its Board of Education, the individual members thereof,  and all District officers, agents, and employees from any and all liabilities, claims, obligations,  judgements, suits, costs, damages, expenses, attorney’s fees, incurred or paid, arising out of,  or in connection with, the use or occupancy of school facilities pursuant to this Agreement,  except where personal injury, bodily injury, death, and/or any other property damages of  whatsoever nature or kind, result from the District’s sole negligent or intentional acts. 

INDEMNITY AND DEFENSE 

To the fullest extent permitted by law, Applicant hereby agrees to indemnify, defend, and hold  harmless, at its own expense, the Chula Vista Elementary School District, its Board of Education,  the individual members thereof, and all District officers, agents, and employees from any and all  claims, loss, damage, liability, cost, expense, suits, verdicts, judgments, costs and liability of any  kind whatsoever, including attorney's fees that may arise from or be caused in any way by such  use or occupancy of school property. District reserves the right to accept or reject any legal  representation Applicant proposes. District agrees to cooperate with Applicant as may be  reasonably necessary in the settlement or defense of any such claim. By his or her signature  below, Applicant specifically represents that he or she has the authority to execute all provisions  contained in this Application and Agreement, including the indemnification, defense, and hold  harmless language described in this paragraph. 

INSURANCE  

Applicant agrees to procure and maintain a Comprehensive General Liability Insurance policy  with Limits of Liability of not less than $1,000,000 per Occurrence. Such insurance must be on  an occurrence policy form and will be considered primary and non-contributory. Prior to using  the District's premises, the Applicant must provide a "Certificate of Insurance" naming the Chula  Vista Elementary School District (which includes its Board members, officers, agents, and  employees) as ‟Additional Insured.” The District reserves the right to revise the above  insurance requirements and/or require additional insurance coverage at any time and based  on, among other things, the intended use of the facilities. 

STATEMENT OF INFORMATION 

The Applicant, in use of the District premises, hereby agrees to observe and obey all applicable  laws of this State and the Rules and Regulations of the Board of Education of the Chula Vista  Elementary School District including, but not limited to, the information described herein.

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The Applicant states that, to the best of his or her knowledge, the school property for use of  which application is hereby made will not be used 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 by force, violence, or other unlawful means. 

The Applicant also states that the organization on whose behalf he or she is making application  for use of school property does not, to the best of his 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, it is not a Communist action  organization or Communist front organization required by law to be registered with the Attorney  General of the United States. This statement is made under penalty of perjury. 

UNDERSTANDING AND AGREEMENT 

The Applicant understands that permission for use of school facilities may be revoked without  previous notice where conflicting dates have resulted or where the need of the facilities for  school purposes has subsequently developed. The Applicant also understands that the  District’s inability to secure appropriate supervisory personnel when school is not in session  may result in the denial, or revocation, of facility use, with little or no notice. 

The Applicant agrees to adhere strictly to the time requested and clean up immediately after  use, returning any equipment or furnishings used to its original location. The Applicant  understands that failure to do so may result in additional fees and/or denial of future use.  Applicant agrees to immediately pay any additional fees to the District upon receipt of notice of  those fees. 

TERMS: Fees are payable in advance of use of facilities. Groups using facilities over an  extended period of time shall pay monthly in advance. All Facility Use Requests should be  submitted at least 14 days prior to first date of use. 

RULES AND REGULATIONS 

1. Use and occupancy of school facilities may be granted for non-school purposes to citizen  groups or organizations which may engage in supervised recreational activities, or may  meet and discuss any subjects and questions regarding the educational, political,  economic, cultural, artistic, and moral interests of the citizens of the community in which  they reside. Such use shall not interfere with any District activity and/or the activities of any  other use. 

2. Use and occupancy of school property shall be primarily for school purposes. Authorized  use or occupancy of the property for other than school purposes shall be secondary and  subordinate to this primary purpose. Priority shall be given in the following order:  (a) school or district activities; (b) student body-related activities; (c) public agency  activities; (d) nonprofit group or organization activities; (e) local community group  activities; and (f) for profit organization activities. Permits may be revoked without  previous notice where conflicting dates have resulted or where need of the property for 

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school purposes, including student body-related activities, has subsequently developed.  Permits may be revoked any time upon reasonable notice. District will not be responsible  for additional costs incurred by applicant due to rescheduling. 

3. Any person applying for the use of school facilities on behalf of any society, group, or  organization shall be a member of such applicant group and, unless he is an officer of such  group, must present authorization from such applicant group to make such application. No  use shall be granted in such a manner as to constitute a monopoly for the benefit of any  person or organization. All meetings must be open to the public.  

4. The Applicant shall provide the date of use requested, the hour of opening and closing, the  names of the speaker or speakers, the topic of discussion, the title and nature of any  entertainment, the name of the organization for which application is made, and the name  of the owner, producer, or controlling agency, if other than the applicant. 

5. All requests for the use of school facilities must be submitted through the Facilitron website.  Visit https://www.cvesd.org/community/facility_use_permits for more detailed information  and instructions. 

6. The Governing Board may require the application be furnished reasonably in advance with  a complete program, with copies of all speeches and/or addresses and script of an  entertainment proposed to be given on school property. If such copy reasonably  demonstrates that the program will be in violation of law or of any District rules, the  proposed use shall not be permitted. The Board of Education may inquire into the facts  and may hold meetings at which all interested citizens may appear and present facts in 

support of, or in opposition to, any proposed use of school property. Any use contrary to  or in violation of any law, rule, or regulation shall be grounds for cancellation of the permit  and removing the users from the property and shall bar such individual group or  organization from further use thereof. 

7. Applicant shall accept the District’s facility on an “as-is” basis and understands that the  District will not make any alterations or improvements to the facility based on the Applicant’s  intended use. 

8. No use of school property will be permitted that will result in picketing, rioting, or any other  disturbance of the peace, or in damage to the property which will render it unfit for or will  interfere with its proper use for school purposes. 

9. The Deputy Superintendent is authorized to issue all permits for the use and occupancy of  school property by authorized individuals, groups, or organizations.

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10. Permission will not be granted free for use of building or grounds at which admission is to  be charged or collection taken unless the funds so raised shall be used for the welfare of  the pupils of the District or for charitable purposes. Fees will be determined by the Deputy  Superintendent and in accordance with the law. 

11. Permission to use school facilities may be given to any religious organization for the  conduct of religious services for temporary periods where such organization has no suitable  meeting place for the conduct of such services. Fees will be determined by the Deputy  Superintendent. 

12. Each school principal has full responsibility for supervision and management of all property  of the school during school hours and is authorized to assign use and occupancy of the  property without charge during these hours for school connected and sponsored events  and organizations, provided that such meetings are not inconsistent with and in no way  interfere with the use of property for school purposes. 

13. The District may designate certain facilities that are not available for public use. For  example, school offices and facilities used to store confidential information may not be  accessed by the public. 

14. Upon receipt of notice that a permit has been issued to a non-school agency for use of  school facilities, the Assistant Superintendent for Business Services and Support shall  designate a District employee to open the building, be in charge during its use, and close  the building after the use. The District employee so designated is empowered to take all  necessary means to enforce the rules governing use of school facilities and Applicant  agrees to comply with all directives issued by such employee. The District employee so  designated shall open the building only upon presentation of a valid permit. He or she is  authorized to grant use of areas as specified in the permit. In no event shall capacities of  rooms be exceeded. 

15. Applicants shall be responsible for the condition in which they leave the school building. In  case school property is damaged, the cost thereof shall be paid by the Applicant. School  furniture or apparatus may not be removed or displaced by any Applicant without  permission from, and under supervision of, the District employee in charge.  

16. All organizations or groups using District facilities shall have adult sponsorship. Adults  must be present during the entire period involving the use of school premises. The District  does not sponsor Applicant’s activities. Applicant agrees and shall clearly communicate  that its activities are not sponsored by the District and shall avoid any representations that  may lead an observer to believe that the District sponsors Applicant’s activities. 

17. All programs requiring student fees shall provide scholarships for deserving children.

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18. Applicant agrees to comply with the restrictions related to the use of District facilities,  including those described in District Board Policy (BP) 1330 and Administrative  Regulation (AR) 1330. While using any District facility, Applicant may not: (a) conduct or  allow “hazardous recreational activities” as that term is used in California Government Code  section 831.7; (b) use or serve alcohol; (c) or permit the use of nicotine product or any  nicotine delivery devices, including, but not limited to, cigarettes and e-cigarettes; (d) use  or permit the use of any illegal drugs; (e) use any pyrotechnic device; (f) use any mechanical  amusement devices; (g) play any games for money; (h) use trampolines; or (i) bring to or  use at het District facility any hazardous material that is regulated by the local, state, or  federal government (other than standard and readily accessible cleaning supplies). By his  or her signature below, Applicant specifically agrees that he or she has reviewed BP 1330,  AR 1330, California Government Code section 831.7, and any and all other authorities  related to the use of District property. In the event Applicant’s use requires any permits  and/or licenses, Applicant shall obtain those permits and/or licenses at its sole cost and  expense. 

19. Applicant agrees that he or she, and not the District, is responsible for the activities and  behavior of its group’s members. Applicant further agrees that his or her group’s members  will conduct themselves in accordance with all District Board Policies, Administrative  Regulations, rules, and all State and Federal laws and regulations. Those members will  also treat all District property, including any student property, in a respectful and appropriate  manner, and will avoid any harm or injury to that property. Applicant and its group’s  members will also safely use all District facilities and conduct themselves in a manner that  avoids injury, harm, or altercations with others. Applicant agrees that he or she is  responsible for his or her group’s personal property and that the District shall not, in any  way whatsoever, be liable for any damage or loss and/or loss of that property. 

20. Applicant agrees to provide appropriate and safe equipment necessary for any intended  use of the District’s facility. Applicant shall also provide properly trained and experienced  individuals for any and all intended use of the District’s property. 

21. Applicant agrees to reimburse the District for any and all direct costs related to Applicant’s  use of facility in accordance with BP 1330 and California Education Code section 38134.  Such reimbursement will include, but is not limited to, all utility costs; staff costs, including  wages; set up, tear down, and clean-up costs; repair costs, including those related to  normal wear and tear and irrigation costs. The District will invoice Applicant for any  reimbursement amounts above the fee described herein following completion of the  Applicant’s use of the District’s facility and Applicant agrees to immediately forward full  payment to the District.

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22. This Agreement may be terminated at any time by the District. The District will provide 30- day advance notice of the termination to Applicant, unless circumstances warrant  termination with fewer than 30-days notice. Upon termination, Applicant shall surrender  the fee described herein following completion of the Applicant’s use of the District’s facility. 

23. Applicant shall comply with any and all applicable anti-discrimination requirements,  including those described in BP 4030, which prohibits discrimination on the basis of actual  or perceived race or ethnicity, color, religion, national origin, ancestry, age, marital status,  pregnancy, physical or mental disability, medical condition, genetic information, military or  veteran status, gender, gender identity, gender expression, sex, or sexual orientation. 

24. If any term of this Agreement is deemed invalid, all other terms and conditions shall remain  in full force and effect. Any changes to the terms of the Agreement must be in writing.  Applicant may not assign this Agreement to any other party without the District’s written  consent. Nothing in this Agreement is intended to create the relationship of employee,  agent, partnership, joint venture, or association between the District and Applicant. 

25. California Education Code section 38134 states, in pertinent part: 

A school district authorizing the use of school facilities or grounds under  subdivision (a) is liable for any injury resulting from the negligence of the  school district in the ownership and maintenance of the school facilities or  grounds. An entity using school facilities or grounds under this section is  liable for an injury resulting from the negligence of that entity during the  use of the school facilities or grounds. The school district and the entity  using the school facilities or grounds under this section shall each bear  the cost of insuring against its respective risks, and shall each bear the  cost of defending itself against claims arising from those risks. 

By submitting a request for facility use, Applicant acknowledges that he/she understands  California Education Code section 38134, and recognizes that it may not be waived. 

By submitting a request to use District facilities, Applicant acknowledges that he/she/they/it has  read and understands the Terms and Conditions for Use of District Facilities herein, and  agrees to comply with same.