Johnson Middle School
Terms of Use

RULES AND REGULATIONS

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.
 

All payment/insurance requirements must be satisfied no later than ten (10) days prior to use. Within ten (10) days prior to use, the district reserves the right to decline any pending or approved facilities use request with missing payment or missing/invalid insurance. If a request includes multiple dates, insurance on file must be valid for the duration of the reservation.

The following prohibitions and restrictions shall apply to all individuals, groups, organizations, and agencies permitted to use school facilities:


Fire and Safety Regulations

  • At no time shall there be more persons admitted to the auditorium or other assembly room than the legal seating capacity will accommodate.
  • No device which produces flame, sparks, smoke, or explosions shall be used in the auditorium or other assembly room without the approval of the Fire Chief.

General Rules

  • Sections 38130-38138 of the Education Code of California are the basis for these rules and are incorporated into the application for use of facilities.
  • No use may legally be granted if school facilities are needed for school purposes. Final approval for use of school facilities shall normally not be granted more than three months in advance of first date of use, nor for more than a twelve-month period.
  • The school principal has full responsibility for supervision and management of all property of that school during school hours— which extend, generally, from early morning to late afternoon. They are authorized to certify the availability of the facility. Final authorization will be given by the Superintendent and/or designee.
  • In the case of entertainment or meetings where admission fees are charged or contributions are solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the students of the district or for charitable purposes, a charge shall be made for the use of school facilities, property and grounds, which charge shall be equal to the fair rental value.
  • There shall be no smoking, E-Cigs and Vapes on school property, no use of intoxicants or narcotics; nor shall profane language, quarreling, or gambling be permitted. Violations of this rule or any other rule set forth herein during occupancy shall be sufficient cause for denying further use of school premises to the organization.
  • No structures may be erected or assembled on any school premises, nor may any electrical, mechanical, or other equipment be brought thereon nor may furniture and/or equipment be displaced unless special written approval has been obtained in advance from the office issuing the permit.
  • No motor homes or campers will be allowed onsite for any event without prior written approval.
  • Access to rooms or facilities other than approved by application shall not be permitted.
  • The program offered in or during the use of any school premises shall at no time contain matter which might cause a breach of the peace, or advocate illegal activity. (Penal Code Sections 11400- 11401)
  • Subletting of any District facility will not be permitted, and noncompliance will result in the cancellation of the permit.
  • Nothing shall be sold, offered or advertised for sale on school premises without prior written approval of the office issuing the permit.
  • When submitting an application for use of facilities, all groups participating must be identified on the permit, provide insurance, and be approved by the District prior to use of the facility. Noncompliance will be considered subletting of the facility and will result in the cancellation of the permit.
  • School premises shall not be used by any person, groups, or organizations as political campaign headquarters for any purpose.
  • No gratuities shall be given to or accepted by custodians, directors, or others in charge of any school facility.
  • A permit does not authorize the use of school district equipment. Arrangements for the supervision and operation of and payment for any equipment made available shall be made through the principal with the approval of the Superintendent or designee.
  • Applicant granted the use of Facilities is prohibited from storing equipment/items at Westminster School District facilities, and the District accepts no responsibility or liability for loss or damage of any items left on campus.
  • Juvenile organizations must have adult sponsorship.
  • When the kitchen is used, a cafeteria worker normally will be employed (to protect the interest of the district) for the time the kitchen is used, or a minimum of two hours. This employee will assist in the use of equipment, dishes, silverware, and closing of cafeteria, but the applicant will make all necessary arrangements for serving, dishwashing and general cleanup. Additional charges will be made for breakage, soap, and similar items, and mopping, if required. The cafeteria must be left in the condition in which it was found.
  • When utilizing the Audio/Video System within our middle school multi-purpose rooms and or gymnasium facilities it will be required to employ a district-employed A/V technician (to protect the interest of the district) for the time the Audio Video System is used, or a minimum of two hours. This employee will assist in the use of equipment such as, microphones, wireless microphones, DVD player, lighting system, and video equipment.
  • Each person or group requesting the use of premises shall, as a condition for the issuance of the permit, file the following statement. 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 which is prohibited by law, or for the commission of any crime. I certify (or declare) under penalty of perjury that the foregoing is true and correct.
  • In locations where parking is allowed on school premises, vehicles must be parked in such a manner that firefighting equipment may have easy access to buildings at all times. All parking regulations must be adhered to during the facility use.
  • Any facility for which a permit has been issued shall be held available for the permittee until one-half hour after the time designated in the permit for that meeting to begin.
  • Unless special permission to extend the closing hour has been granted by the Superintendent or designee, all activities will terminate by 11:00 p.m.
  • Requests for use of the Board room during the business day are handled by the Superintendent's office. Night use—and uses after the end of the business day—require an application for use of facilities and the approval of the Superintendent. A facilities application is necessary for day use which is outside normal activities connected with the daily work routine of the district office staff.
  • Permits are not transferable.
  • Any violation of the District's facilities use terms and conditions will result in the permit being revoked. 

HOLD HARMLESS & INDEMNIFICATION AGREEMENT:

The undersigned agrees to defend, indemnify and hold harmless the Westminster School District, its Board of Trustees, Agents and Employees, individually and collectively, from and against all costs, losses, claims, actions, and judgments arising from personal injuries, property damage or otherwise, regardless of cause, including the District’s negligence, that may arise in any way from or be alleged to be caused by the undersigned’s use or occupancy of district facilities, furniture or equipment.

In addition to the Application and Agreement for the Use of WSD 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://occovid19.ochealthinfo.com/guidelines

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 Westminster 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.