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Sweetwater Union High School District

TERMS AND CONDITIONS FOR USE OF SCHOOL FACILITIES AND GROUNDS
The following are the Terms and Conditions that apply for use of any school facilities and/or grounds by individuals, groups, clubs and organizations herein referred to as the “applicant,” and the Sweetwater Union High School District herein referred to as the “district”. Forms and additional information may be downloaded at the district website, www.sweetwaterschools.org under “Departments,” heading, “A-Z Directory,” and scroll to “Facilities Use.”

All applicants applying for use of facilities hereby agree to the Statement of Information and Hold Harmless Statement whereby agreeing to the Terms and Conditions contained herein.

STATEMENT OF INFORMATION
The undersigned states that, to the best of his or her knowledge, the school property for use of which application is hereby made will not be used for the commission of any act intended to further any program or movement the purpose of which it to accomplish the overthrow of the government of the United States by force, violence or other unlawful means; That the applying organization on whose behalf he or she is making application for use of school property, does not, to the best of his or her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it is not a Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury.

HOLD HARMLESS STATEMENT
I/we agree to waive all claims against the Sweetwater Union High School District, its representatives, officers, agents, and employees from any and all liabilities, claims, obligations, judgements, suits, costs, damages, expenses, attorney’s fees, incurred or paid, arising out of, or in connection with, except where personal injury, death, and/or any other property damages of whatsoever nature or kind, result from the district’s negligent or intentional acts.
The school board may require the furnishing of additional information as it deems necessary to make the determination that the use of school property for which application is made would not violate (Ed Code 38135).
The governing board of any school district may, in its discretion, consider any statement of information or written authorization made pursuant to the requirements of this section as being continuing in effect for the purposes of this section for the period of one year from the date of the statement of information or written authorization. (Ed Code 38136)
This application is made under the penalty of perjury, and any person so signing the statements who willfully states therein as true any material matter which he or she knows to be false, is subject to the penalties prescribed for perjury in the Penal Code. (Ed Code 38137)

A. GENERAL FACILITY INFORMATION
1. Applicant/organization is responsible for the safety and conduct of its participants and spectators.
2. A district employee shall be present whenever a facility is being used, and is in charge of the facility. If a district employee is not available to supervise the use of a building/facility, or open/close gates on a weekend, holiday, or other day when school is closed, the district reserves the right to deny use of that facility. Only district employees may have keys to lock/unlock facilities/gates to district property.
3. All dates, times, hours and specific rooms/fields being requested must be listed on the application. It shall be the responsibility of the applicant to see that the unauthorized portions of the building are not used and that the premises are vacated as scheduled. All meetings shall close at least 30 minutes before the time approved on the permit.
4. Applicant/organization accepts the rented facility or building in “as is” condition and it is the responsibility of the applicant/organization to inspect the rented playfield or facility building for damage or dangerous conditions and notify the district of any damage or dangerous conditions found on the premises.
5. Applicants shall leave the school facilities in the same order and condition in which they found them. All tables/chairs must be returned to their original position. Decorations shall be erected and taken down in a manner not destructive to district property.
6. SUHSD will not be responsible for losses of personal property by individuals or groups when buildings are being used for a permit activity.
7. Individuals using district facilities may bring guide, signal or service dogs as need, however, the district assumes no liability for the safety of the animals voluntarily brought to district facilities. (AR 1330)
8. The director of nutrition services must be contacted at 619-691-5510, to request the use of district’s kitchens prior to scheduling online. A SUHSD Nutrition Service employee must be present for kitchen use (see Fee Calculator), and supervises the applicants with the utilization of the kitchen equipment. The district employee will not assist in the preparation or cleanup associated with the event. In California State all persons working in food handling area must have a Food Handler Permit. Please see “Food Vendors and Catering” for additional information.
9. Applicants requesting the use of school premises which include a stage shall not be permitted to move or change any furniture or equipment, this includes lights, curtains, ceiling pieces, or cycloramas except under the direction and supervision of the district employee in charge.
10. If the facility use is for artificial turf field use, review AR 1330.1 for additional restrictions.
11. If the activities requires using a natural grass field, and there has been rain within 24 hours of the scheduled activity, the event may be cancelled to protect district fields. Using the fields when they have been closed by the district will jeopardize future use.
12. The district shall have the right to require the applicant to provide adequate supervision and/or security police, when such supervision is deemed necessary, to ensure the protection of district property.
13. Applicants entering school sites while students are on campus must register with the school at the site’s designated location. (AR 1250(a)), (Resolution No.4551).
B. APPLICATION PROCESS All applications are for district facility use within the current fiscal year (July 1 through June 30) only. Permits
expire on June 30th of each year and a new request must be submitted for the subsequent fiscal year.

1. All school related activities shall be given priority in the use of facilities and grounds under the Civic Center Act. Thereafter, the use shall be on a first-come, first-served basis of complete request.
2. All facility use requests must be submitted through Facilitron.
3. All applications must be submitted a minimum of two weeks in advance of the first date of the event, NO EXCEPTIONS.
4. Enter dates, times and all rooms/fields/spaces for all event(s) being requested. (Events will be posted on the calendar after final approval.) The application is reviewed by the school site, to determine if the facilities requested are available. After the school site has provided an initial approval, the request will be routed to the district for the final approval.
5. Once payment and insurance are accepted, the Planning Dept. will verify completed request for final approval and will then be activated on the calendar. You must have final approval from the district prior to the scheduled event.
6. A complete request consists of three things:
i. Proof of insurance and endorsement.
ii.An approved online request through the Facilitron website (fully routed and approved by the Planning Dept.)

iii. Payment for the use of facilities.

iv. Other documents may be requested as needed.

7. The Facility Use Permit will be sent upon completion of the facility schedule request. This document must be carried by the applicant at all times while on district properties and presented on demand. Failure to present upon demand may result in revocation of privileges.

8. Once an event is scheduled, and the applicant has signed the application, the terms cannot be modified without written consent of the district. Any scheduled event that is not held by the requesting group for any reason, forfeits any monies paid, if the district is not notified a minimum of 72 hours before the event.

9. Any application issued is subject to the condition that the district expressly reserves the right to unilaterally change or revoke the application in part or entirely, without notice, should the school facilities and grounds for which an application has been issued be needed for any school purpose whatsoever or good cause.

C. INSURANCE REQUIRED
1. Prior to the approval of the Facility Use Application and Permit for Use of School Facilities and Grounds, the applicant shall submit to the site principal or his/her designee, a certificate of insurance along with the insurance company’s policy endorsement of comprehensive general liability (broad form) insurance, occurrence basis (combined single limit, personal injury, bodily injury and property damage). Both documents shall name the Sweetwater Union High School District as an additional insured and signed by an authorized officer of the insurance company. Further, the carrier’s policy coverage shall contain the following provisions: primary coverage before the district’s policy; any aggregate limits shall apply separately to each insured; carrier agrees not to call on the district for any contribution in the settlement of a claim; and shall not require any contribution whatsoever by the district. The insurance company must have an A.M. Best rating of A- or better. Coverage shall not be cancelled or reduced without thirty (30) day’s written notice to the district.
2. The minimum amount required for the Certificate of Insurance is $1,000,000., $2,000,000. aggregate. The policy endorsement is stipulated in AR 1330. The district address is: Sweetwater Union High School District, Attn: Planning Dept/Facility Use, 1130 Fifth Ave, Chula Vista, CA 91911.

D. FEE’S
1. Fees will be based on the current Fee Calculator, dated 7/23/18.
2. All fees must be paid in full a minimum of two weeks prior to first date of the event.
3. Requests for future use will not be approved pending payment of past due invoices.
4. A deposit may be required at the discretion of the district.
5. The board shall charge at least Direct Costs to all groups granted facility use under the Civic Center Act. “Direct Costs” are defined as the cost of supplies, equipment, utilities, custodial and nutrition services salaries, and other personnel salaries provided by district employees necessitated by the organization’s use of school facilities and grounds. Example: youth sports leagues charging less than $60. per month; 501c3 groups providing programs for exclusive benefit of district students. “Fair Rental Value” is defined as the direct costs, plus amortized costs of the school facilities/grounds to include costs of repair, maintenance, restoration, refurbishment, utilities and administration. Examples: nonprofit and for profit groups not
6. Applicant will be invoiced for time spent cleaning up after an event, in any facility, to include parking lots, at the rate specified on the Fee Calculator, if a custodian must take time from their regularly scheduled duties. Per SUHSD Union Bylaws, a minimum of three hours must be paid for any district staff, regardless of the amount of time they are needed.
7. SUHSD reserves the right to recover the cost of lost, broken or damaged items that occur during the use of the facility. The signature organization will be responsible for cost replacement.
8. Notice of cancelations must be given in writing to district 72 hours before the date of intended use.
9. Refunds/credits are not issued for rain-outs or other inclement weather conditions. Make-up dates will be offered at the discretion of the district, space permitting, provided the make-up date is rescheduled within 48 hours of the rained-out event. Refunds are at the discretion of district.
10. Donations are not considered “in lieu” of any facility use fees.
11. The Board of Trustees believes that the use of school facilities or grounds by outside groups, should result in zero cost to the district.
12. Auxiliary Fees (Hand soap, toiletries - Varies According to Number of Attendees):
Level 1 (0-100 guests) - $50.00
Level 2 (101-200 guests) - $100.00
Level 3 (201-300 guests) - $200.00
Level 4 (301+) - $300.00

E. NATURAL TURF FIELDS
1. Any use of grass fields over 2 hours requires restrooms and custodial services. Porta pottys' are not allowed.
2. Fields shall be left in clean condition by users. Additional cleaning time will be invoiced to the group.
3. Alterations or marking of fields is prohibited without written permission from ASB Dean/Assistant Principal.

F. ARTIFICIAL TURF FIELDS AND TRACKS
1. It is recommended to have water on hand, as temperatures on artificial turf can be as much as +30% of the ambient
temperature.
2. The following objects are not allowed on artificial turf fields and may be subject for dismissal of the event and any further use:

Carnivals, Sharp Objects – No Cleats Cigarettes/Tobacco, Glass, Colored Beverages, Tractor Pulls, Monster Trucks, Dirt Bikes, Bicycles, Debris, Vehicles (except as noted), Fireworks or open flames, Heavy vehicles: flatbed trucks, tractor trailers, forklifts Gum/Sunflower Seeds/Nuts/Popcorn, Ladders, Spikes, anchors, supporting columns, and No Food
3. Non district personnel are prohibited from using any vehicles on artificial turf surfaces, with the exception of emergency
vehicles. See AR 1330.1 for more information.

G. GOAL POST USAGE
1. An adult must be in attendance at all times to supervise the activity.
2. When in use, goal posts must be secured and anchored appropriately, using three or more 50 lb. sandbags.
3. When not in use, goal posts must be disassembled after each use and stored in a locked facility, or locked to a permanent fence.
4. Participants shall not hang, swing, perform “chin-ups,” or any other act from the goal posts.
5. Goal posts are to be used for games and practices only.
6. Signage must be attached to the Goal Posts: “No Hanging or Swinging on Goal Posts.”

H. PORTABLE LIGHT TOWERS
1. No student/child should operate light towers, due to possibility of high voltage injuries.
2. Portable light towers should be locked and stored off of the fields when not in use.
3. Portable light towers should not be used if there is any noticeable damage; including but not limited to missing lock pins, frayed wires, kinked cables, broken light housings, and damage to support structures.
4. Rented light towers are required to be maintained properly by qualified persons.
5. Tire condition and pressure should be checked on regular intervals. Any tires with cuts, cracks or worn tread should be repaired/replaced before moving, and using the light tower.
6. Portable light towers should be operated exactly as detailed in manufacturer’s instructions. Before and while erecting the mast, operator should identify if there are any deficits in the structure. Operation of light tower should cease if there is any observable damage. The engine should run before applying a load and the lights should be turned on individually. Cables should have slight tension when lowering the mast to prevent them from fraying.
7. Oil and debris collected in the engine should be cleaned after each use and the fuel tank should be kept full to reduce condensation. Fuel should never be left in tank longer than one year.
8. When transporting or storing portable tower lights, the lamp sockets should be in a downward position and the mast should be in its lowered position with safety pins in place to reduce any bouncing or banging. The outriggers should be fully extended and supported on flat, level ground at all times before and during use.
9. Operation and Training Manuals should be kept easily accessible.

I. RESTRICTIONS--Any individual requesting the use of a school premises shall be denied for any of the following:
1. Activities that are immoral, offensive, or harmful to students, staff, facilities and/or grounds.
2. Activities that are not consistent with school facility and ground use or interfere with the regular conduct of school purposes or school work.
3. Commercial advertising, unless approved by both the site administrator, and superintendent/assistant superintendent. 4. Alcohol, drugs, and weapons (guns, knives, and other dangerous weapons) are not allowed on district properties at any time. Boisterous conduct, profane or other improper language will not be tolerated. Smoking and the use of any tobacco/marijuana products are prohibited on all SUHSD property (see SUHSD Administrative Regulations: AR 5131.6(a), AR 5131.7(a), AR 5131.62(a).)
5. Activities which involve the possession, consumption and/or sale of alcoholic beverages or any restricted substance. This section does not prohibit the use of sacramental wine by a church or religious organizations as part of a religious ceremony.
6. Fund-raising activities except as permitted by board policy or a special action from the board (BP 1321).
7. Professional carnivals or use of rebounding devices (“Jump-Houses” or “Fun-Houses”).
8. Activities that do not comply with the laws and statutes of the State of California, Education Code Sections 10900-10914.5, U.S. Code Section 7905, Business and Professions Code Section 25608, Civic Center Act 38130-38138, city and county fire regulations/ordinances, negotiated collective bargaining agreements, this board policy with related regulations, and all other policies of the district.
9. The use of any material or device which constitutes a hazard is expressly prohibited.
10. CAR WASHES on school grounds must strictly adhere to requirements of the Clean Water Act, enacted by the State Water Resources Control Board on April 30. 2003, and adopted by SUHSD’s Board of Trustees by Resolution No. 3526 on July 23, 2006, by not allowing contaminated water to run-off into sewer systems. Please obtain necessary “berms” from the local home improvement store, prior to holding a car wash.

J. THEATERS, MULTI PURPOSE BUILDINGS (MPB)
Theaters are small to medium sized venues; located at Bonita Vista High, Chula Vista High, Rancho Del Rey Middle, and Sweetwater High Schools.
Multi Purpose Buildings with stage only are located at Chula Vista Middle, Eastlake Middle Olympian High, Otay Ranch High Schools.
1. To request use of these facilities: for Community Users/schools use the Facilitron website to enter the request.
2. For insurance requirements, see C. Insurance Required. Insurance requirements are also listed in Facilitron.

K. PERFORMING ARTS CENTERS (PAC)
Performing Arts Centers are the largest venues, often used for theater productions, pageants, dance recitals; located at Chula Vista High (Capacity 657), Eastlake High (Capacity 436), and San Ysidro High Schools (Capacity 400).
1. Box Office/Ticketing: all ticket sales will be conducted by applicant and deemed as general admission unless Theater
Manager gives written permission for reserved seating.
2. For insurance requirements, see C. Insurance Required.

L. GENERAL INFO: ALL DISTRICT PROPERTIES, THEATERS, MPB’S, PAC’S
1. No drugs, alcohol, tobacco of any kind are allowed anywhere within district facilities or grounds.
2. No food or drinks (other than water) is allowed inside the facilities.
3. Behavior, language, clothing, nudity, personal conduct or other materials which may be offensive to the general public is strictly prohibited and may be grounds for denial of future events.
4. No modifications are allowed to the stage or any part of facility, to include by not limited to: nails, screws, hoods, tape or decorations into any part of the facility without prior consent of Theater Manager. If applicant or any person, group working, or volunteering damages or destroys the stage, any portion thereof, any facility on the school campus, or any equipment or property belonging to district, applicant will immediately pay the full cost of repair, restoration or replacement of damaged facility to the satisfaction of the district.
5. Following the event, all areas must be returned to the original condition, as given to the applicant. Additional fee’s may be assessed if additional cleaning must be done.
6. No entry prior to contracted time.
7. No unauthorized persons allowed in the technical booth without consent of Theatre Manager/ASB Dean.
8. No pyro-technics are allowed, including fire or candles.
9. Applicants must provide their own tools, equipment and materials, including gels, tapes, tie-line, wire rope, etc.
10. All persons within the Theaters and PAC’s must have an assigned seat. Standing in aisles or doorways is not permitted. Rows and aisles must remain clear at all times, to include photography or videography tripods, sound or lighting equipment, strollers, wheelchairs, etc.
11. Doors, fire escapes, and emergency exits must remain clear at all times.
12. District staff has the right to prohibit any activity or behavior which is deemed unsafe or inappropriate.

M. LIABILITY, RIGHTS & RESPONSIBILITIES
Applicant agrees to the following:
1. Acquire exclusive copyright and authority for staging of the event during the term of the agreement.
2. Ensure the event does not and will not infringe upon the rights of any person or entity, including copyrights, rights of
privacy, libel, slander or disparagement.
3. Acquire all music rights and licenses from publishers or copyright owners necessary to use and perform all music included in the event during the term of the agreement.
4. Timely and fully pay all service fees and costs associated with presentation of the event and all royalties payable to writers, directors and choreographers.

N. TV/FILMING/PHOTO SHOOTS
1. TV/movie filming on campuses must be approved by the superintendent/assistant superintendent, and an additional Location Contract and proof of insurance is required. Please contact the planning department for additional information. 2. Use of any students in filming or photo shoots must be pre-approved and authorized by the parent/guardian.
3. Additional fees may be charged for “Star Trailers” placed during filming.

O. DAMAGES: The following shall apply when damage occurring to school property is not covered under the provision of the
Certificate of Insurance and the policy endorsement:
1. Applicant, individually and/or jointly with the organization, group and/or club, agrees to be responsible for all liabilities and claims arising out of the groups own negligence and that the applicant’s liability for injuries and property damage, shall be the primary before any coverage of the district.
2. Applicant shall be invoiced for an amount necessary to repay the damages.
3. Applicant’s failure to pay said damages shall constitute sufficient cause for the district to take whatever action appropriate against the applicant. Such action may include, but is not limited to, immediate cancellation of the application and disapproval of future applications to use school facilities and grounds.

P. FORCE MAJEURE
In the event that any district property is destroyed or damaged by fire, the elements, mob, riot or if the premises, for any reason whatsoever, is rendered unfit for occupancy, either prior to the beginning, or prior to the expiration of the term of the agreement, or if the district is unable to give the applicant possession because of a national or local emergency, calamity, epidemic or strike, the agreement shall be suspended and the district shall return to applicant any advance payment, excluding out of pocket expenses incurred by the district, and all of the district’s duties and obligations hereunder to applicant will cease, and the district will not be liable to the applicant for any damages, losses, penalties, costs or compensation arising out of such force majeure event. BP 1330(a) & AR 1330(a)

Please check all Agree for understanding the agreement of the Sweetwater Union High School District (SUHSD) Terms and Conditions Facility Use Application.

I/We agree and understand the following:

Submission of current insurance.
Understand the district can deny or cancel event at any time for school related events.
Confirmation of dates requested within the application.

Any person applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group and, unless he or she is an officer of the group, must present written authorization from the applicant group to make the application. This statement of information may continue in effect for the period of one year from the date of the written authorization. Applications for use of school facilities by employee organizations are subject to the conditions and terms stated in negotiated collective bargaining agreements and rights granted according to government code section 3543.1(b) right of employee organizations to use institutional facilities.

BP 1330(a) Community Relations, USE OF SCHOOL FACILITIES
AR 1330(a) Community Relations, USE OF SCHOOL FACILITIES

I, the undersigned applicant, hereby acknowledge receipt of this application and incorporated conditions and rules governing the use of school facilities and grounds, and agree to comply with all provisions as set forth in the application and incorporated conditions and rules governing the use of school facilities and grounds. Applicant further acknowledges that any violation of said application and conditions and rules shall constitute sufficient cause for the district to take whatever action the district considers appropriate against the applicant. Such actions may include, but is not limited to, immediate cancellation of the application and disapproval of future applications to use school facilities and grounds.

Statement of Information: 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 intended to further any program or movement, the purpose of which is to accomplish the overthrow of the government of the United States by force, violence, or other unlawful means. That the organization on whose behalf he/she is making an application for use of school property, does not, to the best of his/her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his/her knowledge, it is not a communist action organization or communist front organization, required by law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury.

Indemnify and Defend: The undersigned agrees to indemnify and defend the Sweetwater Union High School District. The Applicant hereby agrees to indemnify, defend and hold the SUHSD, its Affiliates, its licensees, its licensors, and its and their officers, directors, employees, consultants, contractors, sublicensees and agents (collectively, “Representatives”) harmless from and against any and all damages or other amounts payable to a Third Party claimant, as well as any reasonable attorneys’ fees and costs of litigation (collectively, “Damages”) arising out of or resulting from any claim, suit, proceeding or cause of action (each, a “Claim”) brought by a Third Party against a Party or its Representatives based on: (a) breach of any representation or warranty by the Indemnifying Party contained in this Agreement, (b) breach of any applicable Law by such Indemnifying Party, or (c) gross negligence or willful misconduct by such Indemnifying Party, its Affiliates, or their respective employees, contractors or agents.

Hold Harmless Statement: I/We agree to waive all claims against the Sweetwater Union High School District, its representatives, officers, agents, and employees from any and all liabilities, claims, obligations, judgements, suits, costs, damages, expenses, attorney’s fees, incurred or paid, arising out of, or in connection with, except where personal injury, bodily injury, death, and/or any other property damages of whatsoever nature or kind, result from the district’s negligent or intentional acts.

CORONAVIRUS ADDENDUM

In addition to the Application and Agreement for the Use of Facilities, 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 use its best efforts to enforce all local, state, and federal guidelines regarding human protection from the Coronavirus (the “Guidelines”). The Guidelines to strictly follow are located at various sites, including, but not limited to:

a. https://covid19.ca.gov/

b. https://www.cdc.gov/coronavirus/2019-ncov/index.html

c. https://www.sandiegocounty.gov/coronavirus/

2. To the extent permitted by law, the FACILITY USER shall send all invitees/participants away if they are observed not to be meeting all required Guidelines.

3. The FACILITY USER shall provide all personal protective equipment required to follow the guidelines.

4. If the District determines that the FACILITY USER’s use of the District facility at any time is not in full compliance with the Guidelines, the District will bring these discrepancies to the attention of the FACILITY USER. If notified by the District of any such discrepancies, FACILITY USER will promptly make all reasonable efforts to bring its use of the District facility into full compliance with all Guidelines. The District will not, however, have the authority to order the FACILITY USER to terminate use of the District facility as a Voting Center, nor may the District obstruct the access of voters to the District facility. (See Paragraphs 5 & 6 below regarding FACILITY USER assumption of risk.)

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).

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 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.

7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the Sweetwater Union High School District, its affiliated campuses, and their governing boards, 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. This waiver shall not apply to liability that may occur or arise as a result of willful, intentional or reckless conduct on the part of the District. FACILITY USER understands that by signing this Agreement, FACILITY USER is releasing claims and giving up substantial rights, including FACILITY USER’s right to sue, and acknowledge that 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, ON BEHALF OF MYSELF AND MY ORGANIZATION, AND ALL PARTICIPANTS, 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, BUT NOT INTENTIONAL, WILLFUL OR RECKLESS CONDUCT ON THE PART OF THE DISTRICT.

9. FACILITY USER will keep a list of participants.

Addendum acknowledgment: I acknowledge that I have read this addendum and agree to all of its terms and that I fully understand my responsibility to adhere to all Coronavirus guidelines and instruction during the use of the District facility. I represent and warrant that I am authorized to execute this Addendum on behalf of FACILITY USER and have the authority to do so under law.

SWEETWATER UNION HIGH SCHOOL DISTRICT

APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES

CORONAVIRUS ADDENDUM (Attach to Application)

Date of Application: Requested Facility:

Multi-Purpose Room Kitchen Classrooms(s) Other: Month: Day(s) of Month: Time(s):

In addition to the attached Application and Agreement for the Use of Facilities, Applicant/ Representative enters this Coronavirus Addendum and further hold harmless Agreement, incorporated into the Application and Agreement, as follows:

a. https://covid19.ca.gov/

b. https://www.cdc.gov/coronavirus/2019-ncov/index.html

c. https://www.sandiego.gov/coronavirus

2. To the extent permitted by law, the FACILITY USER shall send all invitees/participants away if they are observed not to be meeting all required Guidelines.

3. The FACILITY USER shall provide all personal protective equipment required to follow the guidelines.

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, BUT NOT INTENTIONAL, WILLFUL OR RECKLESS CONDUCT ON THE PART OF THE DISTRICT.