MORELAND SCHOOL DISTRICT
HOLD HARMLESS AGREEMENT
The "User" agrees to and does hereby indemnify and hold harmless the Moreland School District ("District"), its officers, agents and employees from every claim or demand made, from every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of:
Death or bodily injury to persons, loss of or injury to property, or any loss, damage or expense which may have been sustained by the District or any persons, firms or corporation employed by the District upon or in connection with "User’s" activity called for in this agreement or the acts or omissions of “User's” vendors, contractors, guests and invitees at the scheduled activity; and
Any injury to or death of persons or damage to property, any loss or theft sustained by persons, firms or corporation including arising from or in connection with any act of neglect, default, omission, negligence or willful misconduct of or any vendor, guest or invitee or any persons, firm or corporation employed by, either directly or by independent contract and resulting from or in connection with the activity covered by this agreement and use of District property, on or off District property.
Insurance in the amount of two million dollars ($2,000,000) and endorsement covering Moreland School District must be obtained and submitted with your application. (Note: Liability insurance may be obtained through Facilitron’s insurance partner (Southwest Insurance Brokers, LLC) and/or by contacting your insurance carrier.)
Certificate of Insurance shall stipulate the following as additional insured: “Moreland School District, Its officers, agents and/or employees”
Applicant will be personally responsible for any damages occurring through occupancy or use of said facility, equipment, or furniture. Lost equipment or damages sustained shall be compensated for upon request.
The "User," at its/his/her own expense, cost and risk, shall defend any and all actions, suits or other proceedings that may be brought or instituted against the District, its officers, agents or employees and shall pay or satisfy any such claim, demand, liability or judgment rendered against the District, its officers, agents, or employees in any action, suit or other proceedings as a result of the activity called for in this agreement.
Moreland School District Facility Rental Rules and Regulations
There is a minimum of a two (2) hour charge for the use of any MSD facility. Requested hours should include time for set-up and clean-up.
The requested hours will be strictly observed, and should it be necessary to extend the time beyond that specified in this application, special permission will be obtained from the Director of FMOT or designee, in writing, before the event convenes, and in such instances additional charges may be incurred.
Facility will be opened only at designated opening time and must be completely vacated by designated closing time (allow 15 minutes for participants to leave campus).
No activities or entertainment are permissible which discriminate or reflect negatively upon any person or group because of race, color, creed, or gender.
Users must abide by and enforce rules and regulations set forth by the State of California, by the County of Santa Clara, by the city in which the facility is located and by the Moreland School District.
Users are responsible for leaving the facilities in good condition.
There shall be no profane language, fighting, or gambling on the school premises.
Sale, possession, or use of tobacco, tobacco products, narcotics, or alcoholic beverages on school property is prohibited.
Marks may not be made or applied to floors, walls, or ceilings; Tape of any kind may not be used at all. Staples and other mechanical fasteners are not permitted. All fabrication of props shall be made off site (unless approved in writing by Director of FMOT). All materials used must be flame retardant.
Lines may not be made on fields without written permission from the Director of FMOT or designee.
School furniture and equipment may not be removed or displaced without written permission from the Director of FMOT or designee.
Food may not be prepared or cooked in the cafeteria kitchen except by district employees. A Child Nutrition employee shall be assigned the responsibilities of supervising the use and care of Child Nutrition equipment where Child Nutrition facilities are used. The cost of this employee is in addition to the fee schedules shown.
No Food and drinks may be brought into buildings (except cafeteria) unless written approval is provided by Director of FMOT or designee.
Classrooms must be left free from litter; chairs and desks returned to original positions; chalkboards erased (if used); windows closed; and lights turned off.
The reservation shall be granted with the understanding that the District may cancel a permit when the facility is needed for their own program.
Should there be a conflict between student activities and your usage, the student activities will prevail.
Some events may require security . If required, the applicant must contract and pay separately with San Jose Police Department. A copy of the contract must be included with the application.
It is the responsibility of the applicant to obtain any and all required permits.
The custodian on duty is acting as an agent of the district and shall have charge of the grounds and is responsible to report any unusual or unlawful activities.
School keys must remain in the possession of authorized school district employees. Under no circumstances will keys be lent to any other party. Buildings will be opened, monitored, and closed by an authorized employee of the district.
Use of athletic fields is not permitted while it is raining, the field is wet, or not in good repair.
No facility use permit will be granted for a period exceeding six months from the signing.
All juvenile organizations and groups seeking use of school premises must have adequate adult sponsorship and supervision of all facilities used including the lavatories. Adequate adult sponsorship and supervision is defined as an adult over the age of 21 years and shall be at a ratio of:
Events with High School Students: 1 adult (over 21) for every 10 students
Events with elementary and middle school students: 1 adult (over 21) for every 7 students.
Children are not allowed to roam or to be left unsupervised. Failure to follow this rule may result in immediate cancellation of the use permit.
Specialized equipment owned by the District shall be approved for use only when a professional employee trained in the operation of such equipment is available. Under normal circumstances, specialized equipment will not be made available.
In submitting this request, I have read, understand, and will abide by the Moreland School District (District) General Rules & Special Conditions and will abide by the rules and conditions set forth in addition to Board Policy 1330 (available on Moreland School District website). I certify that the intended use is in compliance with said rules, and understand that use is subject to complying with the required documentation, advanced payment of all fees, submission of certification of insurance requirements, and approval by the administrator in charge of facilities.
Before this Application can be processed full payment and certificate of insurance must be received. Checks must be made payable to Facilitron, Inc.