Santa Clara Unified School District
Hughes Elementary School
Terms of Use

Santa Clara Unified School District

Use of Facilities Terms and Conditions 

Santa Clara Unified School District (“District”) facilities are provided primarily for the education of students. District facilities are available for community use when the activity is consistent with the best interest of the District and does not interfere with District educational programs. Any person or entity (“Organization”) utilizing the District’s facilities shall agree to compliance with these Use of Facilities Terms and Conditions and all District policies and regulations, including District Administrative Regulation 1330. 

Application for Use of District Facilities 

All applications from Organizations for the use of District facilities shall be submitted to the online system. The application will be subject to review approval by the Superintendent or his/her designee(s). Requests may also require approval from other District employees. 

Organizations applying for the use of District facilities or grounds shall agree to the District Use of Facilities Terms and ConditionsOrganizations applying for the use of any District facilities or grounds on behalf of any organization shall present written authorization from the organization to apply for use of facilities, when requested. The District reserves the right to deny any Organization facility use for any reason in its sole and absolute discretion. 

General Terms 

● An application to request a permit for use of District facilities should be submitted to the online system at least three (3) weeks prior to the event date. The school District may take up to three (3) weeks to process the request before final approval. 

● All Terms and Conditions are applicable to all District owned property, facilities, and grounds. 

● It may be necessary to deny use of District facilities if authorized persons cannot be made available to provide supervision. Hours requested should begin with your arrival time and end with your departure time. This shall include time needed for set up and break down. 

● Permits are issued only by the District and will be available to the Organization upon final approval. Permits may be printed out or stored on a mobile device. Organizations will need to present the Permit when asked. 

● Violation of any provision of the Terms and Conditions, District policies and regulations, or other applicable law or ordinance by any Organization or its employees, agents, volunteers, guests, or invitees during use shall be sufficient cause for denying future use of the District facilities. 

● Custodial coverage is required for all events inside District buildings. Custodial coverage may be required for outside events. The District will evaluate each request to determine custodial needs and assess necessary fees to the Organization. 

● Requests must be made for a minimum of one (1) hour. Partial hours will be rounded up to the next 30 minute increment. 

● Organization shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules, regulations, District policies and requirements (“Law”) regarding use of District facilities. During all use of District facilities, Organization shall ensure the presence of sufficient staff to ensure that the use of District facilities will not result in damage to District facilities. Organization is fully responsible for any damage that occurs to District facilities during Organization’s use and resulting from Organization’s use. Organization shall not use, permit, or allow District facilities, or any portion of the District facilities, to be used, occupied, or improved under this Agreement in any manner or for any purpose that is in any way in violation of any Law. Without limitation to the foregoing, Organization expressly agrees that its use of the structures within District facilities shall comply with the requirements of the local fire code. 

● If any license, permit, or other governmental authorization is required for Organization’s lawful use of District facilities, Organization shall procure and maintain it to the extent required by Law, providing prior notice to District of the need for such authorization and providing District with a copy of any such authorization. 

● Organization shall at all times provide adequate supervision and security for its use of District facilities and shall provide sufficient representatives of organization to ensure the safety of minors and the public whenever such groups are present on District facilities. With the exception of persons who are under direct District supervision, Organization shall be solely and completely responsible for the safety of all persons and property when using District facilities. At the conclusion of each day’s use of District facilities, Organization shall ensure that the District facility that was used is properly secured. 

Responsibility During the Event 

● While utilizing the District’s facilities, Organizations shall be solely responsible for the conduct and control of all of its employees, agents, volunteers, guests, attendees, and invitees, and must comply with all applicable State and Federal laws, City ordinances, District regulations, by-laws, and policy conditions. The Superintendent or designee(s) reserves the right to suspend or prohibit any use of facilities regardless of prior approval. 

● District property must be protected by the Organization from damage or mistreatment. Each organization using such property is responsible for the condition in which it leaves the facility. Organizations are expected to leave the facility in the condition in which it was found, this includes picking up all litter and recycling. If organizations do not clean up after themselves, Organization will be charged additional fees. 

● Approval of the use of facilities does not include the use of District-owned equipment such as public address systems, musical instruments, or stage scenery, unless specifically agreed to in writing by the District. 

● Events and activities scheduled within District buildings must terminate with sufficient time to permit cleaning of the facilities. 

● Whenever any equipment, items, decorations, or apparatus is left after the use of a facility, the Organization will be charged a fee for the removal of the item(s). The removal will not be delayed for the convenience of the Organization who used the facility. 

● Organizations who have requested the use of a facility for multiple days may be permitted by the District to store the Organization’s equipment in the facility between uses. Organizations must submit a request to leave behind equipment in writing. Requests should be approved by the site Principal and Superintendent or designee(s). The equipment should be placed to the side and out of the way in order for the facility to be easily cleaned by custodial staff and so as to avoid with the District’s use of the facilities. The District is not responsible for any items left behind by the Organization that may become damaged, lost, or stolen

Disallowed Items and Actions 

● The District strictly prohibits use of tobacco, vaping devices or e-cigarettes, possession and/or consumption of intoxicants such as marijuana, alcohol, and illegal substances in any form, or weapons of any kind in any part of the facility or on the grounds of District property. 

● No food or beverages are to be sold on District grounds or in buildings, except with special prior approval. No food or beverages are allowed in the gymnasiums, classrooms, weight rooms, band room, choir room, or wrestling rooms. 

● No pets or animals are allowed on District property. 

Damage and Liability Insurance 

● Organizations using District facilities or grounds shall be liable for any property damage caused by or connected to the Organization’s use of the District’s property, grounds, facilities, or equipment or the Organization’s activities. The District may charge the amount necessary to repair the damages and may deny the Organization further use of school facilities or grounds. (Education Code 38134) 

● Organizations using District facilities or grounds shall be liable for any and all injuries and property damage arising from or related to the Organization’s activities or use of District facilities or grounds and have a first aid kit on hand. The Organization shall bear the cost of insuring against this risk and defending itself against claims arising from this risk. No use or occupancy of any District property will be permitted unless the organization furnishes proof of liability and property damage insurance in accordance with required minimums established in the District procedures. (Education Code 38134) 

● Organizations shall provide the District with evidence of insurance against claims arising out of the organization’s own negligence when using school facilities. (Education Code 38134) ● As permitted, the Superintendent or designee(s) may require an additional hold harmless agreement and indemnification when warranted by the type of activity or the specific facilities being used. 

● The organization agrees to be fully responsible for the payment of any and all damages to school premises including furniture and equipment. 

● Organization shall defend, indemnify, and hold harmless the District and its agents, employees, the District’s governing board (“Board”), and members of the Board, from and against claims, damages, losses, and expenses (including, but not limited to attorney's fees and costs including fees of consultants) arising out of or resulting from the Organization’s use of the facilities; Organization’s completion of its duties under this Agreement; injury to or death of persons or damage to property or delay or damage to District, Board, their agents, employees, volunteers, invitees, members of the Board, for any act, omission, negligence, or misconduct of Organization or its respective agents, subcontractors, employees, volunteers, material or equipment suppliers, invitees, or licensees. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this Paragraph. This indemnification provision shall survive the expiration or termination of the agreement with the District.. 

Statement Required by Education Code section 38136 

● The Organization states that, to the best of his or her knowledge, the District facilities for use of which Agreement 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. Organization, on whose behalf he or she is entering an agreement for use of District facilities, 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 the penalty of perjury. 

District’s insurance document requirements: 

● Commercial General Liability Insurance must have the Santa Clara Unified School District as the “Certificate Holder” along with the district’s address, 1889 Lawrence Road, Santa Clara, CA 95051. The District requires $1,000,000 for each occurrence and $2,000,000 aggregate. An Additional Insured Endorsement Page must be included with Santa Clara Unified School District and the district address, as the “Additional Insured”. 

● Workers’ Compensation Insurance is required according to State and Federal Laws and Regulations (unless the organization is a sole proprietor). If a sole proprietor, please provide a letter on company letterhead stating the organization does not have any employees. 

Use of Fields 

● District programs have priority use of all fields. 

● Organization is responsible for monitoring weather conditions and evaluating playing fields when the threat of lightning or dangerous conditions approach. Organization shall cancel events if field conditions could cause harm. In the event of weather cancellation for any reason, add a comment in the online reservation system as soon as the decision to cancel has been made. District may also cancel events due to weather. The District’s right to cancel events due to weather shall not be construed as any assumption of a duty to ensure the safety of the Organization, its employees, agents, volunteers, guests, or invitees, and the Organization shall remain solely responsible for the safety of all persons involved in the Organization’s use of the District facilities as described in these Terms and Conditions. 

● No improvements, changes, or additions shall be made to any site, equipment, building, etc. without written consent from the District. 

● The Organization shall not permit any climbing on fences, backstops, bleachers, or buildings. Backstops shall not be moved. 

● No animals, including pets, are allowed on school grounds, unless allowed by law. ● Exterior sound amplification is not allowed by Organizations, unless previously approved in writing. 

● Portable lights are not allowed by Organizations, unless previously approved in writing.

● Fields are not prepped and do not include use of bases or soccer goals; these items are not available. 

● No tampering with any irrigation system and no use of fields scheduled for watering or have been watered within an hour is allowed. 

● Portable toilets may be permitted on a site by site basis. The Principal, Superintendent, or designee(s) will determine the designated location. Approved organizations will pay for the rental and maintenance of the toilet, coordinate the cleaning schedule, and provide a lock for security. It must be secured to an immovable object, cleaned regularly and be removed immediately following the last game of the season. If vandalized, the correction must be made that day or by the following day if reported after 12 noon. 

● The District may provide portable toilets and charge the organizations a fair share for custodial services. 

● Organizations must be able to show their permit (digital is okay) any time they are on fields. Without it, they will be told to leave the fields immediately. 

● Fields must be walked for trash pickup at the end of field use every day and trash should be placed in a garbage or recycle can. 

● Vehicles must be parked in approved parking areas or on adjacent streets. Vehicles will be subject to ticketing or towed if they block driveways, park in red zones, on the blacktop, on the fields, or parked in other areas not allowed by law. This can also lead to your permit being revoked. 

● Organizations must adhere to scheduled days and hours of use. Absolutely no personnel or participants from the organization can be on a District site, which includes the fields, while school is in session. Organizations using fields following After-School Programs may not be on the field until 6 p.m. or when the school use is over. 

● Good sportsmanship is expected at all times, especially between organizations sharing fields. 

Keys and Alarm Codes to District Facilities 

● Keys and alarm codes to District facilities shall not be issued to anyone other than designated District employees approved by the Superintendent or designee(s). 

Kitchen Facilities 

● Kitchen facilities shall not be used unless supervised by District Nutrition Services personnel. Use of kitchen facilities includes use of equipment, sinks, warmers, or any other item/equipment in the kitchen, multipurpose, or other facility used by Nutrition Services. There is an additional fee for the District Nutrition Services personnel. Custodial fees also apply. 

● All requests for kitchen use shall be approved by Nutrition Services prior to the permit approval. 

Cancellation Policy for District Facilities, except Performing Art Centers

● Application fee is non-refundable. 

● Cancellation prior to 3 (three) weeks to the date of the event: 100% refund for use fees, custodial fees, and equipment fees. 

● Cancellation prior to 1 (one) week to the date of the event: 50% refund for use fees, custodial fees, and equipment fees. 

● Cancellation within 6 (six) calendar days of event: fees are non-refundable.

● Cancellation must be entered into the online reservation system by the time frame above to be eligible for a refund. 

● Cancellations due to weather will be considered per event. 

● No shows will be charged the entire reservation amount. 

● Cancellations within 6 calendar days of the event may result in penalties including disqualification for future site use and permits. 

● Reservations will be canceled if the reservation is not paid in full as agreed, or if any requested documentation, including correct insurance, is not uploaded to the online system 1 (one week) in advance without a refund. 

Selling Goods or Foods 

● If the event consists of selling goods of any type, a Business License for the City must be uploaded to the online reservation system 2 (two) weeks prior to the event or sales will not be allowed. 

● If the event consists of selling food of any type, a Santa Clara County Health Department Permit must be uploaded to the online reservation system 2 (two) weeks prior to the event. 

Advertisement Flyers 

● Print or digital advertisement flyer(s) distributed to promote the event must be uploaded to the online reservation system with the original reservation request. Requests will not be approved without this information uploaded. The flyer must include the following information: 

● Organization name(s), location(s), time(s), date(s), and cost(s) for the event(s). ● The following statement prominently displayed on all advertising and promotional materials “This program is not sponsored by the Santa Clara Unified School District. The Santa Clara Unified School District is not liable for any incidents related to the program.” 

 

All organizations using District Facilities must agree to the Terms and Conditions and the District Board Policy and Administrative Regulation 1330.