Newport-Mesa Unified School District
Estancia High School (9–12)
Terms of Use

NEWPORT-MESA UNIFIED SCHOOL DISTRICT RULES AND REGULATION 
USE OF SCHOOL FACILITIES UNDER THE CIVIC CENTER ACT 
INTRODUCTION

California law permits the Governing Board of a school district to grant the use of school buildings or grounds for public, literary, scientific, recreational, or educational meetings, or for the discussion of matters of general or public interest. The Board of Education may also establish such terms and condition of usage as it deems proper, subject to the limitations, requirements, and restrictions set forth in the Education Code of the State of California. 

The schools are more and more becoming centers where both children and adults may learn and where community groups may meet to serve common needs. It is important that definite rules and regulations be formulated to implement adopted policies relating to the use of school facilities under the Civic Center laws. 

These rules and regulations define which groups are eligible to use the school facilities, outline the application procedure, set forth the conditions for use of specific areas, and establish a table of charges for such use. The rules will be defined within the district's administrative regulations. 

The fee schedule will be increased on an annual basis by the CPI for the Orange County/Los Angeles area. The fee schedule will be brought back to the Board for review at least every three years. 

1.  Application Procedure: All facility use outside the normal school day must have approved permits, including school activities. No exceptions. 

  1. An application for use of facilities may be obtained at any school site, or at the Newport-Mesa Unified School District, Facilities, Maintenance and Operations office, located at 2985 Bear Street, Building E, Costa Mesa, CA 92626. 
  2. Each site requested requires a separate permit, though multiple dates at a single site may be listed on the same permit. If multiple rooms at a site are requested for multiple dates and/or times, please indicate which rooms correspond to which dates and/or times (example: three dates requested, with use of library on first date, and MPR on other two dates). 
  3. Please read entire application before submitting. 
  4. Applications are to be filled out completely. Incomplete applications will be returned. 
  5. Application times must include set up and clean up time (minimum 15 minutes on each side). 
  6. Applications by outside groups must be submitted not later than 21 days prior to event, and no earlier than 180 days prior. 
  7. An application is not valid without authorizing signatures from District officials. 
  8. An application is non-transferable to other user groups.
  9. The user must keep an approved copy of the application available at all times during the event, and it must be presented if requested by a school official.  
  10. Due to the needs of school athletic programs, outside user groups may apply for athletic facilities (gyms, pools, fields) use no earlier than 180 day prior to their season. Outside users may be displaced due to changes in school program calendars. 
  11. Priority of Use - In the priority of use categories below, youth activities : conducted for NMUSD students will have preference over adult activities. 
  • Regular school programs, including Summer school activities. 
  • City-sponsored and/or school-connected youth programs 
  • Other local youth activities. 
  • City adult programs 
  • Other adult programs 

2. Insurance 

  1. All non-school related applications are subject to Certificate of Liability Insurance and signed endorsement requirements. 
  2. Certificate of Liability Insurance must be in the amount of $1 million property damage and $1 million bodily injury. The district at its discretion may require a high level of insurance for some activities. 
  3. On the Certificate, under the Description of Operations / Locations / Vehicles / Special Items, the location, the date(s) and the type of activity must be listed.
  4. A special endorsement from the insurance carrier listing Newport-Mesa Unified School District as additionally insured must be attached to the Certificate of Liability Insurance. This endorsement is a separate page. Listing Newport-Mesa Unified School District at the bottom of the Certificate of Liability Insurance is not sufficient. 
  5. A Hold Harmless Agreement may be requested if the nature of the event requires it. 
  6. All outside companies providing services for a user group must adhere to the same insurance requirements. 

3. Non-Profit Status - 501(c) 3 

  1. All groups claiming non-profit 501(c) 3 status must be registered with the State of California. 
  2. Paperwork indicating such status must be on file in the Facilities, Maintenance and Operations office. 
  3. Documents must be filed annually if the group has ongoing use. 

4. User Groups: User groups fall into four basic categories, and are as follows:

1.School Groups & School Support Groups: 

a) School Groups or School Support Groups organized to promote NMUSD youth and activities. May include, but is not limited to PTA, PFO, school board associations, school employee associations, school affiliated sports groups (CIF & site clubs), professional educational associations, school advisory councils, Camp Fire Girls, Girl and Boy Scouts, and/or public agencies. 

b) School Support Groups whose fundraising efforts are directly beneficial to youth or NMUSD activities, such as school athletic or performing arts booster groups. 

Applications must be submitted and approved for the event prior to use. 

The District provides insurance for school events, unless the event requires outside service.

The outside service must provide the District with their own Certificate of Insurance prior to the event. Youth groups must provide their own insurance as well. 

No fees will be assessed for use of buildings, although time before or after normal working hours, weekends and holidays may require a custodial fee. Any damage to the property or excessive trash clean up will be billed to the user group. 

2. Non-Profit and Community based groups which do not use their proceeds for the benefit of NMUSD students. 

a) May include, but is not limited to, senior citizens' organizations, other public entities such as Water District and Coastline Community College and enrichment courses for which fees are charged. 

 Applications must be submitted for the event prior to use. 

Group must have proper insurance on file with the District 

Fees will be assessed for facility usage. Custodial fees may be 

charged for time before or after normal working hours, weekends and holidays. Any damage to the property or excessive trash clean up will be billed to the user group. 

3. For-Profit groups that support the District mission statement but include open enrollment to all students in or out of the District. 

a) Youth programs whether they are 501(c)3 or not, must have at least 70% of participants reside within the District boundaries. Rosters with names, addresses and phone numbers must be submitted with applications. 

b) For profit organizations which charge fees and do not expend their proceeds for the benefit of NMUSD students i.e. Club Sports and Science Club. 

c) May include, but not limited to, homeowners associations, for-profit organizations, or other restricted uses not open to the general public, and religious services. 

Applications must be submitted and approved for the event prior 

to use. 

Group must have proper Certificate of Insurance on file with the District. 

Fees will be assessed for facility usage. Custodial fees may be charged for time before or after normal working hours, weekends and holidays. Any damage to the property or excessive trash clean up will be billed to the user group. 

4. For-Profit Groups - All groups that do not fall in categories above. 

a) Adult programs whether they are 501(c)3 or not, must have at least 70% of participants reside within the District boundaries. Rosters with names, addresses and phone numbers must be submitted with applications. All other adult program's fees shall be based on the For Profit fee schedule. 

Applications must be submitted and approved for the event prior 

to use. 

Group must have proper Certificate of Insurance on file with the District. 

Fees will be assessed for facility usage. Custodial fees may be charged for time before or after normal working hours, weekends and holidays. Any damage to the property or excessive trash clean up will be billed to the user group. 

5. General Guidelines for Facilities Use - Including facilities that fall under the Joint Usage Agreement between the cities of Costa Mesa and Newport Beach, the following rules / requirements shall apply. 
See specific sections for more information. 

  1. School events have priority. Site specific Joint Use Agreements may alter priority assignments, specifically at the pools.
  2. Facilities will be closed on District holidays unless other arrangements have been made with the Facilities office. Groups using facilities during holidays will be billed for custodial charges and any other fees as appropriate. 
  3. With the exception of pools, gyms, fields, and theaters, use is limited to between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday, and 9:00 a.m. to 11:00 p.m. Friday and Saturday. Special requests for extended time must be submitted in writing, and will be considered on a case by case basis. 
  4. User groups are not permitted to enter the facilities before their start time, and may not remain in the facilities past their end time. 
  5. California Vehicle Codes are enforced at all times. Dangerous driving or parking which blocks staff or restricts emergency access will result in a revoked permit. 
  6. Parking is restricted to designated areas. Parking is not permitted on the blacktop playgrounds, fields, or other areas. Vehicles may be cited for infringements. 
  7. Alcohol, tobacco, firearms, fireworks, hay and animals are not permitted on District property at any time. 
  8. User groups are responsible for placing trash into their proper receptacles. Clean up of excessive trash left behind will be billed to the user groups. 
  9. Invoices are due and payable before the event. Future use is contingent upon prompt payment. 
  10. Facilities are to be left in the same condition as they were found. Please place chairs and tables in their original configurations. 
  11. Facilities shall not be used for purposes of advancing any doctrine or theory subversive under the Constitution of the United States. 
  12. No gambling of any kind shall be conducted on, or in, District facilities. 
  13. In accordance with the District's Civility Policy #7325, user groups shall ensure that no profane language or other disorderly or unseemly conduct is allowed. 
  14. Fees are charged for a three hour minimum. 
  15. Failure to comply by rules and regulations may result in suspension of use of privileges for up to a maximum of one (1) year. 
  16. Any repairs required due to damage caused during facilities use will be billed to the user group and the group may be suspended from future use of facilities. 
  17. Outside user groups may not be on school premises at any time during school hours. 
  18. If a school site is hosting a tournament, play, etc., from outside user groups, the school site will be responsible for all costs incurred. 
  19. City, State and Federal laws will be enforced on District property. 

6. Building Use Requirements / Rules - Including facilities that fall under the Joint Usage Agreement with the cities of Costa Mesa and Newport Beach, the following requirements / rules apply.
 

  1. Rooms are to be left in the same condition as they were found. Please place tables and chairs in their original configurations. 
  2. Please turn off all lights and equipment used. 
  3. Please remove any and all decorations put up during use. 
  4. Any repairs required due to damage caused during facilities use will be billed to the user group and the group may be suspended from future use of facilities. 
  5. Use of kitchens requires staff from Nutrition Services to be present. Outside caterers may not use cafeterias or kitchens, or any of the equipment for the serving of meals to groups. Accordingly, user is responsible for payment of fees for services rendered. 
  6. The following buildings are not available for use by outside groups: computer labs, administration building, science buildings, dark rooms, home economics rooms and industrial arts. Use of computers in classrooms is prohibited as well. 
  7. Building use at Estancia High School carries a higher charge due to the design of the air conditioning system. 
  8. Groups using the auditoriums or stages may not disturb, move, or change any of the existing equipment except with the permission of the school administrator or the Facilities office and must be done under the supervision of the appointed school custodian who is in charge of the facility. 
  9. Please contact the Facilities, Maintenance and Operations Office for any requests for site alterations or improvements. 
  10. Custodial fees may be charged for the entire time that a user group is occupying a building. 

7. Field Use Requirements / Rules - Including facilities that fall under the Joint Usage Agreement with the cities of Costa Mesa and Newport Beach, the following requirements / rules apply. 

  1. School events have priority. 
  2. Do not attempt to manually bleed sprinkler lines or adjust the watering schedule. Any broken pipes or sprinkler heads caused by a user group will be billed to the user. 
  3. Burning lines into the fields are not permitted. 
  4. Please indicate how fields will be utilized, including dimension and number of areas to be used
  5. Playing on wet fields is not permitted. User groups will be billed for any damage to fields. Please contact the mudlines for the cities of Costa Mesa (714) 424-5041 and Newport Beach (949) 644-3211 x 1758. 
  6. Spraying of pesticides is not permitted. If pest problems are present, please notify the Facilities, Maintenance and Operations office at 714) 424-7530. 
  7. Please notify the district immediately of any hazardous conditions found on the fields 714) 424-7530. 
  8. Placement and delivery of trash bins and portable toilets must be coordinated with the District. 
  9. Use that exceeds one hour requires that restrooms be opened, unless prior arrangements have been made for the placement of a portable toilet. Do not use fields as restrooms.
  10. Field closures will be scheduled by the district; user groups must schedule activities accordingly.
  11. At the conclusion of games, practices, and activities, user groups must leave quickly, quietly and leave the facility clean and clear of debris. 
  12. Two activities may not occur at the same facility unless separate fields are available. 
  13. No permanent structures may be erected or assembled on the fields.  
  14. Elementary aged youth activities may not occur in the same areas as middle and high school aged youth activities. 
  15. Amplified sound is not permitted.  
  16. Portable lights are not permitted.  
  17. Metal cleats are not permitted.
  18. Please contact the Facilities Office at 714-424-7530, or visit the Maintenance and Operations section of the NMUSD website (www.nmusd.us) with any requests for site alterations or improvements, such as fences, dugouts, etc. 

8. Pool Use Requirements / Rules 
Please observe all rules and regulations posted inside the pool area. 
 The district does not provide lifeguards; it is the responsibility of the user group to obtain a certified lifeguard. 
Glass is not allowed within the pool area at any time.  
9. Youth Sports Group Requirements / Rules 

  1. School events have priority. In-season, non-school team sports have secondary priority. 
  2. Youth sports groups must abide by the facility and field use requirements. 
  3. Youth sports groups must provide a game schedule at the beginning of their season.
  4. Youth sports must have adult supervision at all times.
  5. Coaches may not receive pay through participant fees. 

10. Loss of Facilities Use Privileges - Users shall be assessed penalties by the permitting agency. Facility users permitted by a City under a Joint Use Agreement will be subject to the individual City's penalty process.  

  1. Infractions of the rules may result in loss of use of school facilities.
  2. Loss of privileges may result in a loss of an individual use or loss of use privileges for up to one year. 
  3. If an individual applied for the use of facilities for an organization the loss of use is for the entire organization not the individual that applied for the use. 
  4. If a user has been notified by the district of loss of facilities use privileges, they may appeal the decision through the following appeal process: 

a) Notify the Facilities, Maintenance, and Operations Office in writing of the users desire to have a hearing held on their behalf. Include copies of all pertinent documents about the facilities use and the letter indicating the loss of facilities use. Request should be submitted within thirty days of the user's notification of loss of use. 

b) The hearing panel will consist of the following district staff: Director of Maintenance and Operations or designee, Director of Student Services or designee, and Principal of the school site where the use occurred or their designee. 

 

Newport-Mesa USD | BP 1330 Community Relations 
Use Of School Facilities 

The Board of Education recognizes that district facilities and grounds are a community resource and authorizes their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities. All school-related activities shall be given priority in the use of facilities and grounds under the Civic Center Act. 

The Board of Education is committed to providing facilities and grounds that rank among the best of comparable facilities in Orange County, as funds are available, and to enforcing all state laws and regulations regarding the construction and operation of school facilities for their instructional and community uses. The Board of Education directs staff to adhere to all mitigations that are the result of Environmental Impact Report (EIR) findings as well as fulfill additional measures that are identified in this BP 1330 and accompanying AR 1330. 

The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133) 

1. Aid, encourage, and assist groups desiring to use school facilities for approved activities 
2. Preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary 
(cf. 0450 - Comprehensive School Safety Plan) 
(cf. 3516 - Emergencies and Disaster Preparedness Plan) 
3. Ensure that the use of school facilities or grounds is not inconsistent with their use for school purposes and does not interfere with the regular conduct of school work 

ATHLETIC FACILITIES 

Concerns about school operations pertaining to student activities or athletics on/in District athletic facilities are to be referred to the District by emailing facilityconcern@nmusd.us or calling 714-424-3696 (24-hour line). All concerns will be forwarded to the Board of Education and addressing the reported concerns will be referred to the Office of the Chief Operations Officer who will be responsible for responding to the concern. 

(cf. 6145.5 - Student Organizations and Equal Access) 

SPECTATOR SEATING CAPACITY 

All California Interscholastic Federation (CIF) sanctioned contests will not exceed spectator seating capacity. The capacity of each facility has been determined by the District and is listed in the following chart. 

Site / Main Field / Gymnasium 

Costa Mesa High / 1000* / 1400 

Corona del Mar High / 664 (200 auxiliary) / 1200 

Estancia High/2500* / 1600 

Newport Harbor High / 4900 / 1650 

*Additional temporary spectator seating is added to the home team's field when hosting the Battle of the Bell. 

PUBLIC ADDRESS SYSTEMS 

The following chart defines allowable sound systems and maximum decibel level for events per facility. 

Site /System/Max Decibels (dbLeq) 

Costa Mesa High / Permanent / 55 at edge of closest residential property 

Corona del Mar High / Portable / 55 at edge of closest residential property 

Estancia High / Permanent/55 at edge of closest residential property 

Newport Harbor High / Permanent / 55 at edge of closest residential property 

LIGHTING 

Lighting will be tested in accordance with EIR procedures and locations to assess light spillage. 

Site / Lighting Product / Vertical Light Levels Limits in foot-candles 

Costa Mesa High / Shielded (Metal Halide) /N/A 

Corona del Mar High / Shielded (LED)/0.8 Estancia High / Shielded (Metal Halide) /N/A 

Newport Harbor High/Shielded (Metal Halide) /N/A 

In August of each year, the District will conduct an analysis measuring permanent light levels and PA sound system levels to ensure that impacts do not exceed those tested in the California Environmental Quality Act (CEQA) process. A report will be provided to the Board. 

Residents near each comprehensive high school will be offered a minimum of two meetings per school year to discuss concerns and identify possible solutions related to operating conditions and impacts, including those contained in any EIR. 

FEES 

The Board authorizes the use of school facilities or grounds without charge by nonprofit organizations, clubs, or associations organized to promote youth and school activities. In accordance with Education Code 38134(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teacher associations, and school-community advisory councils. Other groups, including nonprofit groups not organized to promote youth and school activities or for-profit groups that request the use of school facility Civic Center Act, shall be charged at least direct costs. 

Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134) 

USE OF ATHLETIC FACILITIES 

Specific District facilities will not be made available for use other than school instructional programs, ASB activities or athletic programs. These guidelines are described in Administrative Regulation (AR) 1330 and Rule and Regulation - Use of School Facilities Under the Civic Center Act. 

ARTIFICIAL TURF FIELDS AND TRACKS 
MONDAY-THURSDAY 

School in Session: 7am-8pm (Practice) 

School not in Session*: 8am-8pm (Practice) 

Use of Lights: Practice until 8pm 

FRIDAY 

School in Session: 7am-8pm (Practice); 7am-10pm (Games);7am-9pm (CdM Games) 

School not in Session*: 8am-8pm (Practice); 8am-10pm (Games); 7am-9pm (CdM Games) 

Use of Lights: Practice until 8pm; Games until 10pm; CdM until 9pm 

SATURDAY 

9am-8pm (Practice); 9am-10pm (Games); 9am-9pm (Cdm Games) 

School not in Session: No Use* 

Use of Lights: Practice until 8pm; Games until 10pm; CdM None* 

SUNDAY 

No Use

School not in Session: No Use 

Use of Lights: No Use of Lights 

PLEASE NOTE: 

* "Not in Session" no use is permitted unless CIF sanctioned activities have been scheduled by the Southern Section CIF Office or use is permitted per agreements with municipalities. 

District artificial turf fields and tracks are not available for private outside use. 
Public agencies are only allowed to use artificial turf fields and tracks with District approval. After practice the lights would be on at approximately 40% of full level for fifteen minutes for cleanup. After games the lights would be at approximately 40% of full level for one hour for clean-up, except for clean-up for Homecoming, Battle of the Bell, and Battle of the Bay. 

Public Address systems are only to be used for games and special events, such as opening day for sports teams, track meets, or graduations. Public Address systems will be turned off after the final announcement asking everyone to leave the facility. 
The Superintendent or his designee(s) may allow occasional use outside these hours. Requests must be made at least 60 days in advance. 

NATURAL TURF FIELDS AND TRACKS 

MONDAY-THURSDAY 

Not Lighted: School in Session: 7am-Dusk or 8pm (Whichever is earliest) 

Not Lighted: School not in Session: 8am-Dusk or 8pm (Whichever is earliest) 

With Lights: School in Session: 7am-8pm; School not in Session: 8am-8pm 

FRIDAY 

Not Lighted: School in Session: 7am-Dusk or 8pm (Whichever is earliest) 

Not Lighted: School not in Session: 8am-Dusk or 8pm (Whichever is earliest) 

With Lights: School in Session: 7am-8pm; School not in Session: 8am-8pm 

SATURDAY 

Not Lighted: 9am-Dusk or 8pm (Whichever is earliest) 

Not Lighted: School not in Session: 9am-Dusk or 8pm (Whichever is earliest) 

With Lights: School in Session: 9am-8pm; School not in Session: 9am-8pm 

SUNDAY 

Not Lighted: 10am-Disk 

Not Lighted: School not in Session: 10am-Dusk 

With Lights: School in Session: No Use of Lights; School not in Session: No Use of Lights 

PLEASE NOTE: 

Public address systems may only be used for special events. The Superintendent or designee(s) may allow occasional use outside these hours. Requests must be made at least 60 days in advance. 

USE OF TENNIS COURTS 

MONDAY-THURSDAY 

8am-8pm 

FRIDAY 

8am-8pm 

SATURDAY 

8am-8pm 

SUNDAY 

10am-Dusk (No use of lights on Sundays) 

PLEASE NOTE: 

Lights may be used as necessary to light courts during approved use. 

USE OF POOLS 

MONDAY-THURSDAY 

5:30am-9pm 

FRIDAY 

5:30am-9pm 

SATURDAY 

5:30am-9pm 

SUNDAY 

10am-8pm 

PLEASE NOTE: 
Lights may be used as necessary during the year to accommodate the use from 5:30am-9:00pm. Lights will be dimmed to approximately 40% of full level for fifteen minutes at the end of use, for cleanup. 

No use of whistles at pools before 7:00 am. 

Public address systems may only be used for games and meets. 

The Superintendent or designee(s) may allow occasional use outside these hours.Requests must be made at least 60 days in advance. 

SITE RENOVATION, IMPROVEMENT OR ALTERATIONS 

District staff will make an informational presentation at a Board Meeting regarding proposed site renovation, improvement or alterations regarding construction projects that are not otherwise exempt from CEQA. This informational presentation shall be made before staff makes a formal request to the Board to approve the design and scope of the project (except in the case of emergency). The presentation will include a description of the project and an estimated range of costs. Following this presentation, staff will engage local community members to discuss the proposed project. Once information has been shared with local communities, staff will return to the Board of Education and share the input received from residents and make a recommendation to move forward or abandon the proposed construction, remodel or alteration to the school site. 

As the District opens new or renovated facilities, staff will meet with neighbors to share plans to minimize the impact on surrounding homes. Concerns such as noise, lights, parking, and traffic shall be discussed and solutions will be developed in a good-faith effort to limit the impact on adjacent neighborhoods. 

Legal Reference: 

EDUCATION CODE 

10900-10914.5 Community recreation programs 

32282 School safety plan 

37220 School holidays 

38130-38138 Civic Center Act, use of school property for public purposes 

BUSINESS AND PROFESSIONS CODE 

25608 Alcoholic beverage on school premises

MILITARY AND VETERANS CODE

1800 Definitions

PUBLIC RESOURCES CODE

21000-21189.3 California Environmental Quality Act

UNITED STATES CODE, TITLE 20 

7905 Equal access to public school facilities 

COURT DECISIONS 

Good News Club v. Milford Central School, (2001) 533 U.S. 98 

Lamb's Chapel v. Center Moriches Union Free School District, (1993) 508 U.S. 384 

ACLU v. Board of Education of Los Angeles, (1961) 55 Cal .2d 167 

ATTORNEY GENERAL OPINIONS 

82 Ops.Cal.Atty. Gen. 90 (1999) 79 Ops.Cal.Atty. Gen. 248 (1996) 

Management Resources: 

CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES 

1101.89 School District Liability and "Hold Harmless" Agreements, LO: 4-89 

WEB SITES 
CSBA: http://www.csba.org 
California Department of Education: http://www.cde.ca.gov 
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT 
adopted: January 16, 2018 Costa Mesa, California 

            APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES 
                                         CORONAVIRUS ADDENDUM 

In addition to the completion of the REQUEST FOR USE OF SCHOOL FACILITY online application, the  FACILITY USER’s Representative must complete and submit this Coronavirus Addendum.

The Addendum must be submitted prior to the first date of the Facilities Use request. 
1. Including, but not limited to, the SARS‑CoV‑2 virus (the “Coronavirus”), the  Applicant/Representative (the “FACILITY USER”) agrees to follow local, state, and federal guidelines  regarding human protection from the Coronavirus (the “Guidelines”). The Guidelines can be located  at:  

California Department of Public Health 

https://covid19.ca.gov/ 

https://covid19.ca.gov/industry-guidance/ (Guidance for Youth Sports Tab) 

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Youth-Sports-FAQ.aspx Centers for Disease Control 

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

https://www.cdc.gov/coronavirus/2019-ncov/community/parks-rec/index.html Newport Mesa Unified School District, Facility Use Reopening Guide 

https://www.nmusd.us/ 

Orange County Department of Public Health 

https://covid19info.ocgov.com/


2. 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.  

3. 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. 

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 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 shall be responsible to appropriately 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). Additional custodial servicing fees can/will be added to the FACILITY  USER’s invoice per the District’s discretion. 

6. Assumption of Risk. 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 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, and all other related persons, agents, and  entities.) 

7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the Newport-Mesa 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 Your 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 Your 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. I understand that by signing this Agreement, I am releasing claims and giving up substantial  rights, including my right to sue, and acknowledge that I am 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, ON BEHALF OF MYSELF AND MY  ORGANIZATION, I AGREE TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE DISTRICT (AS  DEFINED ABOVE) 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.