EAST SIDE UNION HIGH SCHOOL DISTRICT
HOLD HARMLESS AGREEMENT
The "User" agrees to and does hereby indemnify and hold harmless the East Side Union High School District ("District"), its officers, agents and employees from every
claim or demand made, from every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of:
Death or bodily injury to persons, loss of or injury to property, or any loss, damage or expense which may have been sustained by the District or any persons, firms or corporation employed by the District upon or in connection with "User’s" activity called for in this agreement or the acts or omissions of “User's” vendors, contractors, guests and invitees at the scheduled activity; and
Any injury to or death of persons or damage to property, any loss or theft sustained by persons, firms or corporation including arising from or in connection with any act of neglect, default, omission, negligence or willful misconduct of or any vendor, guest or invitee or any persons, firm or corporation employed by, either directly or by independent contract and resulting from or in connection with the activity covered by this agreement and use of District property, on or off District property.
The "User," at its/his/her own expense, cost and risk, shall defend any and all actions, suits or other proceedings that may be brought or instituted against the District, its officers, agents or employees and shall pay or satisfy any such claim, demand, liability or judgment rendered against the District, its officers, agents, or employees in any action, suit or other proceedings as a result of the activity called for in this agreement.
ESUHSD Facility Rental Rules and Regulations
- No activities or entertainment are permissible which discriminate or reflect negatively upon any person or group because of race, color, creed, or gender.
- Users must abide by and enforce rules and regulations set forth by the State of California, by the County of Santa Clara, by the city in which the facility is located and by the East Side Union High School District.
- There shall be no profane language, fighting or gambling on the school premises.
- Smoking, possession or use of narcotics or alcoholic beverages on school property is prohibited.
- Preparations shall not be used on floors; marks may not be made or applied to floors or walls; lines may not be made on fields without written permission of the administrator in charge of the facility.
- School furniture and equipment may not be removed or displaced without written permission from and under the school district employee in charge.
- No food may be prepared or cooked in the cafeteria kitchen except by district cafeteria employees.
- Food and drinks may not be brought into buildings (except cafeteria).
- Classrooms must be left free from litter; chairs and desks returned to original positions; chalkboards erased (if used); windows closed; and lights turned off.
- Facility will be opened only at designated opening time and must be completely vacated by designated closing time (allow 15 minutes for participants to leave campus).
- In submitting this request, I have read and understand the East Side Union High School District (District) General Rules & Special Conditions and will abide by the rules and conditions set forth in addition to Board Policy 1330 and Administrative Administrative Bulletin No. 008 (available on the District’s website (www.esuhsd.org) or a hard copy is available at each campus). I certify that the intended use is in compliance with said rules, and understand that use is subject to complying with the required documentation, advanced payment of all fees, submission of certification of insurance requirements and approval by the administrator in charge of facilities.
- I will be personally responsible on behalf of the applicant for any damages occurring through occupancy or use of said facility, equipment or furniture by the applicant. Lost equipment or damages sustained shall be compensated for upon request.
- The requested hours will be strictly observed, and should it be necessary to extend the time beyond that specified in this application, special permission will be obtained from the administrator in charge of facilities before the event convenes, and in such instances additional charges may be made.
- The reservation shall be granted with the understanding that the District may cancel a permit when the facility is needed for their own program.
- Before this Application can be processed full payment and certificate of insurance must be received. Checks must be made payable to Facilitron, Inc.
- Insurance in the amount of two million dollars ($2,000,000) and endorsement covering East Side Union High School District must be obtained and submitted with your application. (Note: Liability insurance may be obtained through Facilitron’s insurance partner (Southwest Insurance Brokers, LLC) and/or by contacting your insurance carrier.)
- Should there be a conflict between student activities and your usage the student activities will prevail.
- Sale, possession or use of alcoholic beverages or tobacco products by all persons is prohibited on school district property.
- San Jose police may be required. If required the applicant must contract and pay separately. A copy of the contract should be included with the application.
- There is a minimum of a three (3) hour charge.
- The custodian on duty is acting as an agent of the district and shall have charge of the grounds and is responsible to report any unusual or unlawful activities.
- School keys must remain in the possession of authorized school district employees. Under no circumstances will keys be lent to any other party. Buildings will be opened, monitored, and closed by an authorized employee of the district.
- Users are responsible for leaving the facilities in good condition.
- Use of athletic fields is not permitted while it is raining, the field is wet or not in good repair.
- Certified lifeguard (s) must be on duty when the swimming pool is used. A copy of the lifeguard certification must be included with the application.
- It is the responsibility of the applicant to obtain any and all required permits.
- In consideration of our neighbors, the school parking lots must be used by all attendees.
- No facility use permit will be granted for a period exceeding one year from the signing.
- All juvenile organizations and groups seeking use of school premises must have adequate adult sponsorship and supervision of all facilities used including the lavatories. Children are not allowed to roam or to be left unsupervised. Failure to follow this rule may result in immediate cancellation of the use permit.
- A Child Nutrition employee shall be assigned the responsibilities of supervising the use and care of Child Nutrition equipment where Child Nutrition facilities are used and the number of adults in the kitchen shall be determined by the Child Nutrition employee in charge. The cost of this employee is in addition to the fee schedules shown.
- Specialized equipment owned by the District shall be approved for use only when a professional employee trained in the operation of such equipment is available. Under normal circumstances, specialized equipment will not be made available.
- All civic center activities require the presence of authorized District personnel at all times.