Los Gatos-Saratoga Union High School District (LGSUHSD) Facility Use Terms & Conditions
All LGSUHSD school and district facilities are provided primarily for the education of students, always our first priority. District facilities may be available for other uses when the activity is consistent with the best interests of the District and does not interfere with the regular conduct of the educational program or district operations.
All provisions listed herein, the CIVIC CENTER ACT (Education Code Section 38130-38139) and all Los Gatos-Saratoga Union High School District POLICIES and REGULATIONS apply to all applications and permitted use.
1. Facility Use Permits are not granted for personal or individual use.
2. Access to Facilities. School keys must remain in the possession of an authorized district employee. Buildings will be opened (only when given evidence of approved permit), attended and closed by a custodian or school administrator (district employee). A district employee will be on the premises at all times during the rental period to assist the user and for facility safety. (Custodial fees applied) All participants and spectators must remain in the area assigned.
3. Permit Approval. The Facility Use Application is not valid until approved through the District permit process.
A. Request for Applications: The District will issue a request for applications for all potential users.
B. Applications: Potential users must apply, provide certificate of insurance, and non-profit designation (if applicable) to the District Office, by the date specified in the request for applications. An estimate of fees should be provided.
C. Priority Determination: The District office will review all applications and establish a priority use ranking. This may include multiple users for the same location, with separate times and days.
D. Current LGSUHSD Coach: If the user is currently an active coach and recognized by the District as such, please indicate this on the application. If Applicant is coaching several LGSUHSD students, please include a complete team roster with full names, school name, and current grade classification. This does impact priority ranking.
E. Facility Time Allocation: Approved users will coordinate final days and times with each school site. When finalized, user groups must provide full payment to the District office.
F. Payments: Each authorized user must pay all fees in advance, no less than 15 days prior to first use. Failure to provide prompt, complete payment, will cancel application. There are no refunds or returns.
G. Permits: Permit will be issued to the designated contact for each user group. The permit must be available and present with the group to access and use facilities. If the users do not have the applicable permit, then they will be required to leave the facility.
4. Fees: The Board of Trustees has established the fee schedule for all user groups.
5. Cleanup/Damages. Users are responsible for the condition in which they leave the facility. Users are required to return the facility to the same condition/arrangement as before their use and perform clean-up including collection and disposal of any trash or other consumables. Any repairs or costs related to cleanup, loss of district property or trash removal will be charged to the applicant. Costs will be determined by the District Office. Failure to pay promptly for clean-up and damages will immediately terminate the user's facility use.
6. Permitted Use. Use of the District facilities is by permit only. Permitted times include all set-up/arrangement of the facility as well as tear down and reset and cleanup. Facility users are responsible for any overtime charges incurred in relation to the Facility Use Permit. No permit shall be issued for a period longer than three months. Use of facilities beyond CEQA time limits is prohibited. The California Vehicle Code is enforced on all district property.
7. The use of profane language, quarreling or fighting, betting or any form of gambling, conducting of raffles or lotteries, inflatables, bonfires or live DJ music are prohibited on district property.
8. Failure to leave the District facilities when asked by authorized District personnel shall result in immediate termination of permit and use.
9. Any person under the influence of alcohol will be denied participation in any activity. Violation of this regulation is justification for immediate termination of the event, and denial of future use of school facilities.
10. Tobacco-Free Policy. Smoking and/or the use of tobacco products is prohibited at any time on district property. 11. Facility Alteration. Permit holders are not authorized to alter any of the facilities in any manner or to erect, construct or bring onto district property any unauthorized vehicle, temporary building or structure.
12. Fields/Rain. Use of some school facilities is not permitted when it rains on the day of use, or if the field is wet 48 hours preceding use or such activity will be harmful to the playing surface, and when such conditions may present a safety hazard to users.
13. The District determines the appropriateness of granting the use of the facility to user and is authorized to insist upon appropriate security and supervision of all activities held in district facilities.
14. Sub-leases are prohibited.
15. User agrees not to discriminate against anyone on any basis pursuant to state and federal law.
16. Applicants must provide set-up, take down and clean-up time within the hours of the permit request. The Application does include Energy Conservation and Waste Management.
17. Applicants will comply with the District CEQA use restrictions and regulations.
18. Permits may be revoked whenever there has been a violation of the above regulations.
FEES: Fees are charged for scheduled use, must be paid in full at least 14 days prior to use and are not refundable. Deposits will be used to repair any damages, excessive cleaning or misuse of the facility, and use of facility beyond the dates & hours authorized. Additional custodial fees will apply if facility is not left in clean condition as determined by the District or if overtime is required.
INSURANCE: Applicant shall procure and maintain, during the life of all facility uses, General Liability Insurance that shall protect Applicant, District, its trustees, employees and agents, and the State, from all claims for bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising from all facility uses under the application. Minimum coverage of $1 Million dollars is required for Liability Property Damage & Bodily Injury, some facility use and events may require more coverage, based on the District review of the planned use. The maximum deductible allowed is $5,000. Applicants must provide a certificate of insurance on an accord form, identify coverage, language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. All endorsements, certificates and insurance policies shall state that the District, its trustees, employees and agents, the State of California, are named additional insureds under all policies. Additionally, the certificate shall include a statement that “This policy shall not be amended, canceled or modified and the coverage amounts shall not be reduced until notice has been mailed to the District. Date of amendment, modification, cancellation or reduction may not be less than thirty (30) days after the date of mailing notice” Upon receipt of such notice the District may cancel Applicants use. All endorsements shall waive any right to subrogation against any of the named additional insureds. The insurance requirements set forth herein shall in no way limit the Applicants liability arising out or relating to the facility use or related activities.
INDEMNIFICATION: To the furthest extent permitted by California law, Applicant shall indemnify, defend with legal counsel reasonably acceptable to the District, keep and hold harmless the District, its trustees, employees and agents, in both individual and official capacities (“Indemnitees”), against all suits, claims, damages, losses, and expenses, including but not limited to attorney’s fees, caused by, arising out of, resulting from, or incidental to, the facility use or related activities by Applicant including, without limitation, any such suit, claim, damage, loss, or expense attributable to, without limitation, bodily injury, sickness, disease, death, alleged patent violation or copyright infringement, or to injury to or destruction of tangible property (including damage to the Work itself) including the loss of use resulting therefrom, except to the extent caused by the sole negligence, active negligence, or willful misconduct of the Indemnitees, and/or to any extent that would render these provisions void or unenforceable.
LGSUHSD may engage and use adjacent facilities, including prior to and after Applicant’s use. This Applicant is solely responsible for the timely completion of this Applicant's activities and events including clean up and returning the space to its condition, prior to this Applicant's use.
The priority use of facilities shall remain the activities, events and use by LGSUHSD students for education and school sponsored activities, events and use. This does include changes in use schedules caused by items outside LGSUHSD control. LGSUHSD will notify Applicants as soon as a required change is discovered and will attempt to accommodate replacement facility use at another time or date.
This Applicant is solely responsible for compliance with the LGSUHSD CEQA requirements, policies and use restrictions, including completing all field or outdoor use no later than 9:00pm. Applicant certifies that all LGSUHSD property shall be managed by Applicant, protected and used only for the purpose the facility or property was intended. Applicant certifies that no LGSUHSD property, fields or buildings will be used for the commission of any unlawful act or activity which uses or promotes the use of alcoholic beverages, tobacco products, and controlled substances or be allowed in or on any District property, fields or buildings.
This Applicant agrees to comply with all LGSUHSD Policies, Regulations, and Facility Use Terms & Conditions and the Education Code of the State of California. Applicant agrees that LGSUHSD can terminate all facility use for this Applicant should any of their activities, events or related actions violate any of the LGSUHSD Policies, Regulations, and Facility Use Terms & Conditions and the Education Code of the State of California in any manner. Termination of facility use for any reason may result in rejection of future use Applications, regardless of prioritization. There are no fee refunds for termination of facility use.
Applicant’s use of any facility is limited to the duration specified in the final accepted Application and for the specific dates, times and hours defined by LGSUHSD. Additional use by Applicants without LGSUHSD approval will result in terminations of current and future use. Applicant’s failure to provide complete payment, no less than 15 days prior to initial use, shall result in termination of all planned and or scheduled use for Applicant.
APPLICATION CERTIFICATION AND SIGNATURE:
The undersigned individual certifies that they are an authorized officer or agent for the designated organization, team, or group and is duly authorized to legally bind and commit the designated organization, team or group under all LGSUHSD Policies, Regulations, and Facility Use Terms & Conditions and the Education Code of the State of California for this Application and use. Further by signature below, the designated organization, team, or group has read and fully understands all LGSUHSD Policies, Regulations, and Facility Use Terms & Conditions and the Education Code of the State of California and accept them as solely Applicant responsibility without any alteration, modification or condition. This does include potential additional financial responsibility beyond fees charged for repairs due damages incurred by the Applicant’s use or related use of the LGSUHSD facilities.
McAfee Center House Policies
Please keep these pages for reference, and ensure that all production members are aware of and obey these policies.
• All fire lanes, exits, aisles and hallways must be kept clear of obstruction at all times.
• Prior to every performance an announcement must be made asking patrons to turn off cell phones etc, pointing out the fire exits, and warning of any sudden lighting or sound effects (e.g. strobes).
• All scenery, props, and draperies must be flame-proofed before installation.
• The following are prohibited in McAfee Center:
· Animals (except ADA service animals)
· Chewing Gum
· Fire or Flames of any kind (including candles and incense)
· Flash Photography
· Food and Beverages (except in the lobby and the green room)
· Photography and Video Recording of copyrighted material
· Smoke, Fog, Haze, and Dry Ice Effects
· Spray Painting of any kind
· Standing during a performance (every patron must have a seat)
· Tobacco use in any form
· Weapons of any kind
Aisles: All fire lanes, aisles, hallways, and exit paths must be kept clear at all times.
Alcohol: State law prohibits the possession, sale, and consumption of alcohol anywhere on the Saratoga High School campus, including in and around McAfee Center.
Animals: Animals are prohibited in McAfee Center with the exception of ADA service animals.
Announcements: Prior to every performance an announcement containing the following information must be made by a live person: the locations of the fire exits; a reminder to turn off cell phones etc; special warnings regarding the use of lighting effects (i.e. strobes), sharp noises (i.e. gunshots); recording restrictions; etc.
Cleaning: You are responsible for returning the theater to the condition it was in when you arrived. This includes restoring the rep plot, zeroing the sound console, striking equipment, picking up programs left in the auditorium, and making sure all garbage is placed in receptacles. Additional cleaning and technician charges will apply if necessary.
Damages: You will be charged for any damage to the building or equipment resulting from your event.
Fire and Flame: Open flames of any kind are strictly prohibited, including candles, matches, lighters, incense, etc.
Flameproofing: All scenery, properties, and soft goods used must be flameproofed before they may be used on stage. Productions must show certification of flameproofing upon request and are subject to inspection and testing by the state fire marshal and/or McAfee Center management.
Food and Beverages: Food and beverages are not allowed in the auditorium, on stage, or in the control booths. Concessions may be served in the lobby and food may be served in the green room. Chewing gum is strictly prohibited at all times. All food privileges may be revoked at any time.
Lighting Effects: The use of strobe lighting and ultra-violet light must be approved by McAfee Center management prior to load-in. A notice must be posted in the lobby for any performance using these effects.
Movies: McAfee Center is not licensed to show movies. It is against the law to show any copyrighted film in a theater, even to a non-paying audience, without a license from the film’s distribution company. A license granted to an individual or organization does not apply to the showing of a film in a performance venue. The license must be granted for McAfee Center.
Parking: If your event occurs during school hours (7:30am - 3:30pm weekdays), you must provide alternate transportation and parking for your patrons. During school hours the Saratoga High School parking lot is reserved for staff and students. Saratoga High School does not have bus parking available. Due to parking restrictions, we will not accept bookings for events coinciding with major campus events (e.g. home football games and dances).
Photography and Recording: Flash photography is not allowed. Written permission must be obtained from the publisher of any copyrighted works before photography or recording may be made. Due to fire safety, approved video recordings may only be made from the aisle behind the back row of seats in the center section of the auditorium.
Publicity: All publicity must refer to McAfee Center as one of the following: "McAfee Center"; "McAfee Performing Arts Center"; "McAfee Lecture Center"; or "McAfee Performing Arts and Lecture Center".
Pyrotechnics: The use of any form of pyrotechnics is strictly prohibited.
Scenery and Rigging: All scenery and rigging is subject to inspection, approval, and modification by McAfee Center management. No rigging, materials, or construction which is deemed unsafe will be permitted. The fly rail is to be operated only by house personnel.
Signs and Decoration: No sign or decoration is allowed on the building exterior or sidewalks. Decorations or signs shall not be placed anywhere in the building without the permission of the management. The party responsible for the damage will pay for any damage caused by improper mounting.
Smoke Effects: All smoke, fog, and haze effects are prohibited due to the sensitivity of McAfee Center’s fire suppression system.
Spray Painting: No spray painting of any kind is allowed in or around McAfee Center.
Standing Room: Due to fire regulations, standing is not permitted anywhere in the auditorium during a performance. McAfee Center has a maximum seating capacity of 569. Every person must have a seat.
Tobacco: State law prohibits the use of tobacco anywhere on the Saratoga High School campus, including in and around McAfee Center.
Ushers: McAfee Center does not provide House Management staff. You are required to provide a minimum of two ushers for audiences under 200 persons, and four ushers for audiences up to theater capacity. It is your responsibility to train your ushers.
Weapons: State law prohibits the possession of weapons anywhere on the Saratoga High School campus, including in McAfee Center. This includes, but is not limited to, firearms and knives. Any weapons to be used in performance must be approved prior to rehearsal by McAfee Center management. Stage firearms must not be capable of firing any projectile. Firearms which fire blank cartridges are not permitted. Stage knives must be dulled and/or retractable. Any prop which is deemed to be unsafe will be confiscated.