Huntington Beach Union High School District
Click HERE to review the HBUHSD Facilities Use Checklist and Insurance Requirements.
NOTIFICATION OF TAXABILITY OF POSSESSORY INTEREST
“The right to possession of the property leased may subject the Lessee to property taxation pursuant to California revenue and taxation code section 107 and following”
CALIFORNIA EDUCATION CODE SECTION 38136 COMPLIANCE
The undersigned states that, to the best of his/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; that the above referenced organization on whose behalf he/she is making application for use of school property, does not, to the best of his/her knowledge, advocate the overthrow of the Government of the United States or the State of California by force, violence, or other unlawful means, and that, to the best of his/her knowledge, it is not a Communist front organization required by law to be registered with the Attorney General of the United States. THIS STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
Applicant hereby agrees to defend, (indemnify) and hold harmless the Huntington Beach Union High School District (HBUHSD), its Board of Trustees, its Schools, and District Officers, Employees and Agents, individually and collectively, from and against all costs, claims, actions, and judgments arising from personal injuries, property damage or otherwise caused, that may arise from or relate to, or are alleged to be caused by the applicant’s, its agents, sub-contractors, employees, and/or volunteers use or occupancy of District facilities, furniture, equipment, or grounds. Applicants duty herein extends to property use that is incidental to, but related to, the use of facilities scheduled to be used by applicant (e.g. parking lots used by attendees for a rented facility).
Applicant likewise agrees to hold the Huntington Beach Union High School District (HBUHSD), its Board of Trustees, its Schools, and District Officers, Employees and Agents, individually and collectively free and harmless from any loss, damage, liability, cost or expense that may arise through the non-availability of the facility because of necessary use (or) any “act of God”.
In addition to the Application and Agreement for the Use of HBUHSD Facilities, the Applicant/ Representative enters this Coronavirus Addendum and further Hold Harmless Agreement, incorporated into the Application and Agreement, as follows:
1. Including, but not limited to, the SARS‑CoV‑2 virus (the “Coronavirus”), the Applicant/Representative (the “FACILITY USER”) agrees to strictly follow all local, state, and federal guidelines regarding human protection from the Coronavirus (the “Guidelines”) without exception. The Guidelines to strictly follow are located at various publicly accessible websites, including, but not limited to:
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 to 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 be 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 makes no representation regarding the condition of the facility in use. It shall be the FACILITY USER’s sole responsibility 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). FACILITY USER understands that District may elect to further clean and/or sanitize the used premises and charge back costs to FACILITY USER.
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 Huntington Beach Union High School District, its affiliated campuses, its governing board, 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. I represent that I am duly authorized to execute this Agreement on behalf of FACILITY USER.
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, agree to all terms herein, and fully understand my responsibility to adhere to all Coronavirus guidelines and instruction during the use of the District facility.
REQUIRED INSURANCE AND ENDORSEMENT
Applicant further agrees to provide, prior to use, a certificate of insurance for liability coverage with limits as required by the District. The applicant’s policy will be endorsed naming the Huntington Beach Union High School District as additional insured by written endorsement, unless exceptions are granted by District Risk Management.
STATEMENT OF RESPONSIBILITY
I hereby certify that I shall be personally responsible, on behalf of our organization, for any damage or unnecessary abuse of School Buildings, Grounds or Equipment growing out of the occupancy of said premises by our organization. We agree to abide by and enforce the Rules and Regulations of the Huntington Beach Union High School District governing the non-school use of Buildings, Grounds and Equipment.
SCHOOL USES TAKE PRIORITY OVER FACILITY USE PERMIT
Efforts will be made to avoid conflicts. However, if necessary, use of facility may be cancelled without prior written notice if school has determined it has need of use of the facility. Any facility fee will be refunded.