Los Angeles Southwest College
Terms of Use

LOS ANGELES COMMUNITY COLLEGE

DISTRICT BOARD RULES, CHAPTER VII, ARTICLE II USE OF DISTRICT FACILITIES AND GROUNDS

7200. GENERAL TERMS AND CONDITIONS FOR USING DISTRICT FACILITIES.

The conditions enumerated in this Article shall be followed by all persons using District facilities, including usages under civic center permits, leases and permits for use. For purposes of this Article, the terms “college facilities” and “District facilities” are both intended to refer to facilities owned and/or controlled by the Los Angeles Community College District. These facilities may or may not be physically located at one of the nine colleges in the District.

7200.10 Non-Discrimination. Any person, group or organization applying to use District-owned facilities must sign a written statement certifying that any program or activity conducted by the applying organization at the District-owned facility will be operated in a manner which is free of discrimination on the basis of sex, race, religion, creed, color, ancestry, national origin, medical conditions (cancer related as defined under State law), marital status, pregnancy, age, disability, veteran status or sexual orientation in compliance with applicable federal and California non-discrimination laws.

7200.11 Statement Regarding Board of Trustees. All leases, permit forms and promotional materials related to the use of District facilities by third parties shall include a statement that the Board of Trustees does not sponsor or endorse the person/organization using the District facilities.

AGREEMENT

1. TERM AND CONSIDERATION. For and in consideration of the payment of the fee set forth above and the performance of the covenants herein contained, District does hereby permit Permittee to use the Premises, for the purpose and during the term set forth above, under the terms and conditions set forth herein.

2. NATURE OF USE AND STATUS OF PARTIES. The use of the Premises as addressed herein is being allowed under a Civic Center Permit, not a lease, easement or other permit for use, in accordance with Los Angeles Community College District Board Rules. Permittee represents to District that it is an organization, club, or association formed for recreational, educational, political, economic, artistic, or moral activities for the purposes of supervised recreational activities or for meetings for the discussion of any subjects and questions which in Permittee's judgment appertain to the educational, political, economic, artistic, and moral interests of the citizens of the College community, all as set forth in California Education Code 82537. In no event shall Permittee (or any of Permittee's personnel) be construed to be a partner, joint venturer, agent or employee of District. District shall have no obligation for any wages, taxes, or other expenses or obligations relating to Permittee's operations.

3. PERMITTEE'S RESPONSIBILITIES. Permittee shall furnish at Permittee's expense all of the necessary security, security deposits, insurance, equipment, supplies and services during the permit period, as required by District. Permittee's use and occupation of the Premises shall not interfere in any way with the occupancy or activities of any other permittee, tenant, occupant, or District.

4. ALTERATIONS, ADDITIONS AND/OR IMPROVEMENTS TO DISTRICT PROPERTY. Permittee agrees that during the term of this Civic Center Permit, Permittee shall have no right to make alterations, additions, or improvements to the Premises without the written consent of District. Permittee shall maintain the Premises in a neat and clean condition, and shall return the Premises to District in substantially the same condition after each use.

5. RIGHT OF ENTRY. District and the agents and employees of District shall have the right to enter upon the Premises at all reasonable times to inspect the same to see that no damage has been or is done, to protect any and all rights of District, and to post such reasonable notices as District may desire, to protect the rights of District.

6. TERMINATION OF CIVIC CENTER PERMIT. District, at its sole discretion, shall have the right to cancel and terminate this Civic Center Permit immediately and without notice upon its discovery of a violation of any term, condition, or provision of the Civic Center Permit on the part of Permittee. Should any such violation occur, District, at its sole discretion, shall have the right to deny future requests by Permittee for the use of the Premises which is the subject of this Civic Center Permit, or for any other property or facility of District. District shall also have the right to terminate this Civic Center Permit at any time if the property being used by Permittee under this Civic Center Permit is needed for academic purposes.

7. VACATING DISTRICT PROPERTY. Upon the expiration of the term of this Civic Center Permit, or upon the earlier termination thereof, Permittee shall then and there immediately, peaceably, and quietly surrender and yield to District possession of the Premises, and when surrendered, Permittee shall leave the Premises in as good order and condition as the Premises were at the beginning of the term of this Civic Center Permit, ordinary wear and tear thereof and damage by the elements, fire, earthquake, flood, or acts of God excepted.

8. DEFENSE AND INDEMNIFICATION/LIMITATION OF LIABILITY. Permittee agrees to defend, indemnify and hold harmless District, its Board of Trustees, officers, employees, and agents from and against any and all liability, loss, expense, fines, suits, proceedings, claims, damages, actions, and judgments of any nature whatsoever arising out of or in any way connected with the occupancy and/or use of the Premises by Permittee, its officers, directors, employees, agents, contractors and invitees. Permittee hereby waives and releases the District from any claims Permittee may have at any time arising out of or relating in any way to this agreement, whether or not caused by the negligence or breach of the District, its employees, or agents, except to the extent caused by the District's wilful misconduct. Notwithstanding the foregoing, the parties agree that in no event shall the District be liable for any loss of Permittee's business, revenues or profits, or special, consequential, incidental, indirect or punitive damages of any nature, even if the District has been advised in advance of the possibility of such damages. This shall constitute the District's sole liability to Permittee and Permittee's exclusive remedies against the District.

9. INSURANCE. District may require Permittee to obtain a certificate of insurance and endorsement naming the Los Angeles Community College District as additionally insured, as a condition to issuing this Civic Center Permit. The certificate of insurance and endorsement shall be provided to District for approval at least two weeks prior to the commencement of Permittee's use of the Premises and the insurance shall remain in effect for the term of this Civic Center Permit. Failure to maintain the insurance and the required certificate and endorsement may terminate the Civic Center Permit. The insurance shall be with an insurance carrier admitted in California, and shall include comprehensive bodily injury including death and property damage liability with a combined single limit of not less than Two Million Dollars ($2,000,000) each occurrence. The policy so secured and maintained shall include personal injury, broad form; contractual or assumed liability insurance; and property insurance; and shall be endorsed to provide specifically that any insurance carried by District which may be applicable to any claim or loss shall be deemed excess. Permittee shall, at District's option, provide proof of insurance coverage for worker's compensation and all other related insurance, as required by District.

10. INSURANCE PAYMENT. All payment/insurance requirements must be satisfied no later than 14 days prior to use. The College reserves the right to decline any pending or approved facilities use requests with missing payment or missing/invalid insurance within 14 days prior to the reservation start date. If a request includes multiple dates, insurance on file must be valid for the duration of the reservation. 1

11. NOTIFICATIONS. Any notice required to be served hereunder shall be in writing. Any and all notices shall be deemed given when personally delivered or deposited in the U.S. mail, postage prepaid to the addresses first listed above.

12. ASSIGNMENT. This Civic Center Permit is personal to Permittee, and Permittee's rights hereunder may not be assigned, sub-licensed, or otherwise transferred in any fashion, regardless of whether such an arrangement is called an assignment, a sub-license, or any other name.

13. AMENDMENTS. This Civic Center Permit including the attached Regulations is the entire agreement between the parties as to its subject matter and supersedes all prior or contemporaneous understandings, negotiations or agreements between the parties, whether written or oral, with respect thereto. Any extension or amendment to this Civic Center Permit shall be in writing as mutually determined between District and Permittee. Permittee acknowledges that District and its agents, employees, and representatives have made no representation to Permittee of any kind regarding any matter including, but not limited to, the effect of applicable laws or zoning on Permittee's intended use under this Civic Center Permit.

14. STATEMENT REGARDING BOARD OF TRUSTEES. The Board of Trustees does not sponsor or endorse the person/organization using the District facilities nor their activities. Permittee agrees to include the preceding statement in all promotional materials related to Permittee's use of the District facilities under this Civic Center Permit.

15. NONDISCRIMINATION. Permittee, in the execution of this Civic Center Permit, certifies that any program or activity conducted by the Permittee at the District-owned facility will be operated in a manner which is free of discrimination on the basis of sex, race, religious creed, color, ancestry, national origin, medical conditions (cancer related as defined under State law), marital status, pregnancy, age, disability, veteran status, or sexual orientation, and that it will comply with all applicable federal and California anti-discrimination laws.

16. GOVERNING LAW. This agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereunder, and any action arising from or relating to this agreement, shall be construed and enforced in accordance with, and governed by, the laws of the State of California or United States law, without giving effect to conflict of laws principles. Any action or proceeding arising out of or relating to this agreement shall be brought in the county of Los Angeles, State of California, and each party hereto irrevocably consents to such jurisdiction and venue, and waives any claim of inconvenient forum.

17. REGULATIONS. Permittee agrees to abide by the Regulations attached hereto and incorporated herein by reference. In the event such Regulations conflict with the terms of this Civic Center Permit, the terms of this Civic Center Permit shall prevail.

18. ATTORNEYS' FEES AND COSTS. If either party shall bring any action or proceeding against the other party arising from or relating to this agreement, each party shall bear its own attorneys' fees and costs, regardless of which party prevails.

19. BOARD AUTHORIZATION. The effectiveness of this agreement is expressly conditioned upon approval by the District's Board of Trustees.

20. SEVERABILITY. Permittee and the District agree that if any part, term, or provision of this Civic Center Permit is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect other parts, terms, or provisions of this Civic Center Permit, which shall be given effect without the portion held invalid, illegal, or unenforceable, and to that extent the parts, terms, and provisions of this Civic Center Permit are severable.

REGULATIONS

1. STANDARDS OF CONDUCT. Subject to exceptions enumerated in the Board's current rules, the following conduct is prohibited under this Civic Center Permit: unlawful discriminatory conduct, profanity, possession or use of intoxicating liquors, drugs, or narcotics, quarreling or fighting, betting or other forms of gambling such as conducting a raffle or lottery, and the conduct set forth in Article VIII of Chapter IX of the Board Rules. Under no circumstances may an Associated Student Organization and/or recognized student club sponsor an event involving the sale or distribution of alcohol under a Civic Center Permit.

2. STAFFING CHARGES. All event staffing is determined by the College. Personnel charges for custodial, security, police, etc. will be applied to a reservation at the College’s discretion. This includes any additional staffing required for clean-up after an event has already occurred.

3. MANAGEMENT AND CONTROL OF FACILITIES. The management, direction, and control of college facilities, which includes determining whether supervision is necessary while college facilities are being used, is assigned to the college President by the Board of Trustees. The college reserves the right to require security at the meetings held at college facilities or call the police when necessary, the cost of which shall be borne by the Permittee. Permittees or guests in attendance shall not supply their own security without prior written approval from the college President.

4. JURISDICTION OF DISTRICT EMPLOYEE. Complete control of facilities is under the jurisdiction of the Los Angeles Community College District's employee that is assigned responsibility for supervising the use of the facility. Such control includes the right to enter District facilities at all times to enforce District rules and regulations.

5. SUPERVISION OF RECREATION. College authorities may supervise activities of those using college grounds, gymnasiums, and other athletic and recreational facilities for civic center purposes. Athletic equipment may only be used when available and special arrangements are made with the college.

6. NO VIOLATION OF LAW. No activity shall be conducted which constitutes a violation of any federal, state, or local law, nor any Board Rule, as promulgated from time to time.

7. POLITICAL CAMPAIGNS. College premises shall not be used as political campaign headquarters. All candidates running for a given election shall be given equal access to use of District facilities, as appropriate.

8. EQUIPMENT BELONGING TO AN ASSOCIATED STUDENT ORGANIZATION. Arrangements and payment for use of any equipment belonging to an Associated Student Organization shall be made with the Associated Student Organization in accordance with the District rules and administrative regulations.

9. INTERFERENCE WITH COLLEGE. Permission to use college facilities may be granted only when the property is not needed for college purposes. No activity shall be inconsistent with the use of the buildings or grounds for college purposes, or interfere with the regular operation or scheduling of college educational programs and activities.

10. ERECTION OF STRUCTURES, ETC. No structures may be erected or assembled on college premises nor may any electrical, mechanical, or other equipment be brought thereon without prior written approval of the District.

11. SIGNS. Signs may be posted on the college premises only with the permission of the college president or his/her designee and in places and manners designated by him/her. Without prior written authorization, the signs will not be posted more than one hour prior to the meeting and shall be removed immediately after the meeting by the Permittee. A sign may not state or otherwise suggest that either the District or a college sponsors or endorses a particular individual/organization/activity. Use of the District and/or college name is also prohibited, unless permission is granted by the Board of Trustees in advance. Sponsors may not expect their meeting to be advertised through college media.

12. SAFETY REGULATIONS. The user at all times during the use and occupancy of the premises shall thoroughly comply with all ordinances, laws, and regulations affecting the use and occupancy thereof including all state and local fire, health, and safety laws, ordinances, and regulations.

13. NO SMOKING. Permittee agrees to enforce and obey "no smoking" signs within any building, and also in any other place if such a place is designated as non smoking.

14. SPECTATORS. All spectators are be limited to designated areas while watching activities.

15. FIRE HAZARDS. Except for firework events approved by the District, lighted candles and any devices having any form of open flame and/or any material or device which constitutes a fire hazard are expressly prohibited.

16. GYM FLOOR. No person wearing street shoes of any type shall be permitted to walk on the gym floor when participating in basketball, volleyball, badminton, and similar types of activities.

17. NO EXTENSION OF CLOSING TIME. Teams using the college athletic facilities must finish, including showers, within the designated time.

18. CLOSING TIME. College premises shall not be used later than 11:00 p.m. except upon special permission of the college.

19. WEAPONS. The possession and carrying of firearms and weapons of any kind on college premises shall be prohibited, except by peace officers.

20. DAMAGES. Permittee shall be responsible for and pay for any repairs or replacement of District property which are made necessary by reason of Permittee's negligence, use or misuse of college premises.

21. USE OF FOOD FACILITIES. Use of cafeteria or other kitchen facility for the serving of food requires the prior consent of the college, and may require the presence of District personnel. The college's food service operations shall have the option of serving any food product. Permittee shall be responsible for paying the costs associated with this supervision and service, as well as for any loss, damage or breakage of cafeteria equipment occasioned by Permittee's use.

22. NO MONOPOLY. No use shall be granted in such manner as to constitute a monopoly for the benefit of any person or organization.

23. CANCELLATION OF PERMIT. The District reserves the right to cancel any usage under this Civic Center Permit as appropriate, which includes but is not limited to violations of any of the Board Rules pertaining to use of college facilities and grounds, including but not limited to Article VIII of the Board Rules. The college has the right to cancel a permit whenever a need for the facilities for educational purposes arises after issuance of permit.

24. APPLICATION FEE. An application fee of $50.00 must be paid prior to the approval of a permit. Requests missing the $50.00 application fee payment will be declined immediately.

25. FOURTEEN DAY LIMIT. No privilege of using college facilities shall be granted to a permittee for a period exceeding an aggregate of fourteen days in one fiscal year unless in accordance with Board Rule 7202 et. seq.

26. CANCELLATION BY PERMITTEE. Facilities shall be held available for the Permittee until one-half hour after the time designated in the permit for that activity to begin. Notification of cancellation of meetings, for which there is a service charge, must be received at least 5 business days prior to the time for scheduled use, if advance payments are to be refunded in whole or in part. Renter must cancel no later than 7 days prior to reservation start date. Failure to cancel before 7 days prior to the start date will result in a fee of 50% of the reservation total. Any refund shall be at the sole discretion of college. All cancellations, whether a charge was levied or not, shall be reported to the permit-issuing office.

27. UNFORSEEN ISSUES. The College is not liable for HVAC malfunction, power outages or any other unforeseen issues during a facility rental. A refund for an unforeseen circumstance beyond the renter/College’s control will only be issued if the problem necessitates the cancellation of the entire rental.