Murrieta Valley Unified School District
CORONAVIRUS ADDENDUM AND HOLD HARMLESS AGREEMENT
***In addition to the Application and Agreement for the Use of MVUSD Facilities, the Applicant/ Representative enters this Coronavirus Addendum and Hold Harmless Agreement, which is hereby 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 be strictly followed by Facility User are located at various publicly accessible websites, including, but not limited to:
Facility User hereby (i) acknowledges that it has received a copy of, has read and understands, and (ii) agrees it will comply with the Guidelines as the same pertain to social distancing protocols, as such Guidelines may be amended, updated, or superseded from time to time. Facility User further acknowledges and understands that the Guidelines set forth limitations on group gatherings and events, and additional requirements pertaining to social distancing, face coverings, hygiene, disinfection/sanitation (including frequent disinfecting and cleaning of all high-contact surfaces during Facility User’s use of District’s facility), symptom checks and screening procedures, temporary signage, and related measures pertaining to the operation of Facility User’s program and activities to prevent the spread of Coronavirus. Facility User agrees that Facility User, at its sole cost and expense, shall be solely responsible for developing and enforcing proper protocols and procedures, and otherwise ensuring compliance with these requirements by Facility User and Facility User’s employees, volunteers, participants, partners, officers, members, agents, contractors, customers, guests, invitees, staff, and spectators.
2. The FACILITY USER shall not hold the event at the District facility and shall cancel the event if all Guidelines will not, are not, or cannot be met before, during, or after the event. Additionally, Facility User shall have protocols and place and take all precautions necessary to ensure Facility User and its employees, volunteers, participants, partners, officers, members, agents, contractors, customers, guests, staff, invitees, and spectators do not enter District facilities, grounds, or property when they are sick, and do not return until they have met applicable criteria to discontinue home isolation. Facility User understands and agrees that Facility User will promptly notify District upon learning or discovering someone is or becomes sick, and shall inform District, to the extent possible, of all areas used or visited by said person.
3. The FACILITY USER shall stop the event at the District facility 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 or suitability of the District facility in use. It shall be the FACILITY USER’s sole responsibility to appropriately at the District facility used 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 District facility used by Facility User and charge back costs to FACILITY USER. Such costs will be in addition to the costs indicated on the current District facility use fee schedule adopted by the District’s governing board for the current term.
6. Assumption of Risk; As-Is Basis. 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 Guidelines contained at the website links above. FACILITY USER assumes all risks, known and unknown, arising from Facility User’s 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 Facility User’s use and occupancy of the District facility. Facility User acknowledges, understands, and agrees that the District’s school facilities, grounds or equipment are being provided to Facility User on an “as-is”, “where-is” and “with any and all faults” basis, without representation or warranty, whether express or implied, of any kind whatsoever, including, without limitation, any representation or warranty of fitness or suitability for Facility User’s particular use or purposes. It is further acknowledged, understood, agreed, and represented that, prior to using any District facility, grounds, or equipment, Facility User shall inspect the requested facility or grounds, including appurtenant facilities or grounds, and/or requested equipment, and by using the facilities, grounds, and/or equipment, Facility User stipulates and agrees that the facilities, grounds, and/or equipment are clean, safe, and in usable condition, that Facility User is satisfied with the condition, suitability, and fitness thereof, and accepts the same as being safe, in good and sanitary order, condition and repair, and reasonably suited for Facility User’s purpose. Facility User expressly waives any and all claims for defects.
7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the Murrieta Valley Unified 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 Facility User’s 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 Facility User’s 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. By signing this Agreement, the Facility User is releasing claims and giving up substantial rights, including the right to sue, and acknowledges that the Facility user is doing so voluntarily. No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made.
8. INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, SUBJECT TO EDUCATION CODE SECTION 38134 (i), FACILITY USER AGREES TO IMMEDIATELY DEFEND, INDEMNIFY, AND HOLD THE DISTRICT (AS DEFINED ABOVE) FREE AND HARMLESS FROM ANY ACTION, CLAIM, SUIT, DEMAND, 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.***
The Agreement is hereby incorporated into this Addendum by this reference and supplemented and amended to the extent set forth herein. This Addendum and the attachments hereto and the documents specifically incorporated into the Agreement by reference, constitute the entire agreement between the District and Facility User. No other promises, contracts, or statements between the Parties shall be binding unless made in writing and signed by all Parties hereto. All other provisions of the Agreement shall remain in full force and effect and are reaffirmed. If there is any conflict between this Addendum and any provision of the Agreement, the provisions of this Addendum shall control. The Parties hereto hereby agree to execute all such other documents and to take all such other action as may be reasonably necessary to affect the purposes of this Addendum.
DISTRICT INSURANCE REQUIREMENTS
All District Insurance Requirements must be met as follows:
The insurance company(ies) providing the insurance shall have an A. M. Best rating of not less than A-. The limits of insurance as described below shall be considered minimum requirements. Should any insurance coverage carried by the Applicant contain limits of liability that exceed these minimum liability limits, those higher limits shall be deemed to become the required minimum liability limits and shall apply for the benefit of the Additional Insured.
Commercial with the following required minimum limits,
The above limits may be provided by a combination of the required coverages and an Excess Liability policy.
RULES AND REGULATIONS
Conditions of Application for Permit
CONDITIONS OF USE
Permit may be revoked if user/user groups found to be in violation of any of the following conditions:
a. Field is closed to all unsupervised non-school use – violators will be cited for trespassing.
b. No Food, drink, sunflower seeds, or gum on field or track surfaces. No “colored” hydration/energy drinks allowed.
c. No cigarettes, cigars, fireworks, or open flames allowed.
d. Proper approved shoes must be worn at all times (no stiletto type heels)
e. No bikes, skateboards, roller blades, or skates allowed on track or field
f. No paint or permanent markings are allowed on field or track surfaces.
g. No pets allowed on track or field.
h. No glass bottles/containers allowed.
HOLD HARMLESS/INDEMNIFICATION AGREEMENT
The undersigned agrees to defend, indemnify and hold harmless the Murrieta Valley Unified School District, its board of trustees, agents and employees, individually and collectively, from and against any and all costs, losses, claims, actions, court costs, attorney fees, and judgments arising from personal injuries, property damage or otherwise that may arise during or result in any way from, or be alleged to be caused by, the undersigned’s use or occupancy of district facilities, furniture or equipment, including premises liability, regardless of cause, including but not limited to:
a) 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, firm or corporation employed by the District upon or in connection with the activity called for in this Agreement.
b) Any injury to or death of persons or damage to property, any loss or theft sustained by persons, firms or corporations, including the Applicant, arising from any act of neglect, default, omission, negligence or willful misconduct of the Applicant, its members, agents, or any person, firm or corporation employed by the Applicant, either directly or by independent contract, spectators, participants or guests and attributable in connection with the activity covered by this Agreement, on or off District property. The Applicant, at its 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 Board, officers, agents, or employees and shall pay or satisfy and such claim, demand, liability or judgment rendered against the District, its Board, officers, agents, or employees in any action, suit or other proceedings as a result of, or arising out of the activity called for in this Agreement.
STATEMENT OF INFORMATION
(BLANK SPACES ARE THE USING ORGANIZATION’S NAME)
The undersigned, as duly authorized representative for ___________________________ (organization name), 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 crime or any act which is prohibited by law. The undersigned further declares that ______________________, the organization on whose behalf he/she is applying for the use of school property upholds and defends the Constitutions of the United States and the State of California. The undersigned, as duly authorized representative for _____________________ understands, and agrees to make known to its facility users, that while the District site being used under this agreement may have defibrillators (AED’s) located in one of more of its buildings, the District does not have a Public Access Defibrillator (PAD) program intended for use by the general public or facility users. AED’s will not be available for use by facility users. If the organization desires the availability of an AED, it must provide its own. The undersigned, as a duly authorized representative for _______________________ understands, and agrees they will be responsible for any charges associated with an emergency response call (i.e. 911 call).