Gilroy Unified School District
Terms of Use

Gilroy Unified School District
  1. The Board of Education may grant the use of school buildings or grounds provided that such use shall be scheduled to insure that all education programs and/or activities of Gilroy Unified School District shall have first call on said facilities. School related programs and/or activities and organized community groups conducting activities in accordance with the Civic Center provisions of the Education Code shall have priority of said facility use in that order.
  2. Civic Center uses under the Education Code are as follows:
    1. Public, literary, scientific, recreational, educational, or public agency meetings.
    2. The discussion of matters of general or public interest.
    3. The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of services. “Temporary period” is defined as less than (3) times per fiscal year.
    4. Mass care and welfare shelters, by such public agencies as the American Red Cross, during disasters or other emergencies affecting the public health and welfare.
    5. Child care or day care programs to provide supervision and activities for children of preschool and elementary school age.
    6. The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies
    7. Supervised recreational activities.
    8. Other purposes deemed appropriate by the Board of Education.
  3. The Board of Education shall not grant facilities for any of the following activities:
    1. Any use by an individual, society, group or organization for the commission of any crime or act prohibited by law.
    2. Any use of school facilities or grounds which is inconsistent with school purposes or interferes with the regular conduct of school, school work, or instructional programs.
    3. Fund-raising campaigns, except school related fund-raisers
    4. Activities which are discriminatory in the legal sense.
    5. Use of school facilities for games of chance or the use of any scheme or device which encourages or suggests gambling or games of chance except specifically exempted and District approved games of chance.
    6. Animal training classes or shows.
    7. Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances on school property.
    8. Any use which constitutes a monopoly for the benefit of any person or organization. “A monopoly” is defined as a substantially permanent use of facilities where other users are excluded (See AR 1330 C.1)
    9. Public dances sponsored by organizations other than those affiliated with the schools.
  4. Other Requirements and Restrictions on Use of School Facilities:
    1. The District is a smoke free environment and no smoking is allowed in or on the District’s buildings or grounds.
    2. All meetings involving children must be supervised by responsible adults throughout the period in use, the number of supervisors varying according to the number of participants. Meetings shall close promptly at 10:00 p.m. or earlier.
    3. The Principal of the school may make additional restrictions which are particular to the school building, when such restrictions will be in the best interest of the parties involved.
    4. Use of any materials on floors or other parts of the building without prior approval of the Principal or Principal’s designee is strictly prohibited.
    5. The District does not permit vehicles to be driven or parked on campus at any time without advance approval of the Principal or the Principal’s designee.
    6. Any decorations shall be erected in a manner that will not be destructive of school property and such erection shall be in accordance with local and State Fire Marshall regulations and approved by the Principal or Principal’s designee on duty. All draperies, hangings, curtains, drops, decorations and decorative material used on District property shall be made of or treated with flame proof or flame retardant material approved by the State Fire Marshall. All decorations shall be removed from the building before 8:00 a.m. on the day after the building has been used.
    7. Organizations using the cafeterias, multipurpose rooms, or any other areas must set up and restore, under the supervision of the District staff, all furniture and equipment that has been moved or dismantled.
    8. Permit holder shall assume responsibility for securing necessary police/security supervision if so directed by the school administration.
    9. Permission for use of special or extra equipment during use of facility must be indicated on the application. Only equipment listed on the Administrative Regulations is available for use. No equipment shall be used outside public school property. Upon proper application being made, this shall not restrict the use of equipment by school employees in approved school related programs, or for approved community events.
    10. Permit holder shall be fully responsible for all damage or loss of school property, including that belonging to students or employees as well as applicant’s own property, occurring during the time the building is in use under the permit.
    11. No structural, electrical, plumbing modifications or mechanical apparatus may be erected or installed on District property without specific written approval of the District. Organizations granted use of District facilities shall assume full responsibility for compliance with all applicable State and local fire, health and safety laws and regulations.
    12. Unauthorized use of and/or adjustments to any portion of the heating, electrical, air conditioning, bell and/or alarm systems is strictly prohibited.
  5. Eligible Users
    1. Priority for use of facilities within the Gilroy Unified School District is established as follows in the order named:
      1. Use by the Gilroy Unified School District in conducting the educational program of the District.
      2. Use by school related groups such as Parent Organization Groups for activities directly benefiting, or of service, to the students of the District.
      3. Use by Gilroy Unified School District and/or City of Gilroy in conducting the community recreational program.
      4. Use by individuals or organizations in accordance with Civic Center provisions of the Education Code.
    2. In general, groups from outside the School District or those desiring to use school facilities for financial profit shall be discouraged from making application unless the profit is to be expended for the welfare of children within the District.
    3. Any group which poses a threat to the peace and security of the Gilroy Unified School District or the community will be denied use of said facility.
  6. Applications and Granting of Approval
    1. The procedure for the submission of the data required, and the necessary time periods, for the granting of applications shall be as set forth in Administrative Regulations.
    2. Final approval of all fully completed applications shall be made by the Superintendent or designee.
    3. The individual making application for the use of school facilities/ground shall be:
      1. a responsible adult.
      2. an officer of the organization/group, or
      3. a member of the group and who may be required to present written authorization from the applicant organization/group to make such application
    4. Use of any materials on floors or other parts of the building without prior approval of the Principal or Principal’s designee is strictly prohibited.
  7. Hold Harmless: Insurance
    1. The use of District facilities shall be conditioned upon the user agreeing to hold the District, its Board of Education and individual members thereof, and its officers, agents and employees free and harmless from any loss, damage, liability, cost or expense that may arise out of or be caused in any way by such use or occupancy of school property. All Groups shall be required to furnish a copy of a certificate of insurance at the time of application naming Gilroy Unified School District an additional insured for the protection of the public and District from liability for any injuries resulting from the negligence of that group during the use of those facilities or grounds. (See insurance schedule in Administrative Regulations.
    2. All groups shall be charged the amount necessary to repair any damages to school facilities caused by their use and shall be charged all fees and costs, including the alarm fees of the City of Gilroy. Groups shall furnish certificates of insurance naming the District as an additional insured covering said risk. Groups using District facilities shall be responsible for the condition in which they leave the facilities. Any abuse or misuse of facilities, including playing fields, shall be reported immediately to the Principal or Coordinator of Maintenance & Operations.
    3. The Superintendent may deny any group further use of school facilities as a result of any damage or injury to, or improper use of school property, facilities or grounds.
  8. Keys

    All keys shall remain in the possession of authorized District employees. Keys will not be loaned to organizations or groups. All buildings shall be opened, attended and closed by authorized District Employees as covered by appropriate fee schedules.

  9. Payment of Fees and Deposits

    Fees and Deposits are payable in advance.

  10. Conditional Usage

    The use of athletic fields may not be permitted during periods of rain or while fields remain wet following rain when such use would be harmful to the playing surface. The use of any facility may be denied when, in the judgment of the Principal and/or the District, such use would be detrimental.

  11. User Maintenance

    User organizations/groups are encouraged to, and with prior approval, maintain and improve the playing fields they use. Such maintenance and/or improvement shall be subject to the conditions contained herein.

  12. Cancellation of Event
    1. If a group or organization finds it necessary to cancel an event, at least 48 hours prior notification is required.
    2. The group or organization shall be charged for any expense incurred by the District.
    3. An approved application may be revoked with reasonable notice when the District determines an emergency exists. An emergency is defined as “any situation or potential situation determined by the District or a public agency responsible for the general health, safety or well being of students or employees, which may disrupt the educational programs or support services of the District or may result in unexpected damage or loss to District property.”
    4. A refund, less actual expense, will be provided if cancellation notice is received at least 48 hours in advance of the scheduled event.

 

In addition to the Application and Agreement for the Use of Gilroy USD 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:

a.     https://covid19.ca.gov/

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

c.     https://covid19.sccgov.org/dashboards

In accordance with current CDC/State and local Health Department guidelines, ALL individuals regardless of COVID-19 vaccine status, are required to wear a facemask while in doors.

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 Gilroy Unified 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.