In addition to the Rules & Regulations for the Use of Fullerton School District Facilities below, the Applicant enters this Coronavirus Addendum and Hold Harmless 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 strictly follow are located at various publicly accessible websites, including, but not limited to:
2. The FACILITY USER shall not hold the event and shall cancel the event if all Guidelines will not, are not, or cannot be met before, during, or after the event.
3. The FACILITY USER shall stop the event 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 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). FACILITY USER understands that District may elect to further clean and/or sanitize the used premises and charge back costs to FACILITY USER.
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 Your 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 Your use and occupancy of the District facility. (“Your” is defined herein as the FACILITY USER and each of their employees, District facility invitees, participants, volunteers, students, members, and all other related persons, agents, and entities.)
7. Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the Fullerton 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 Your 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 Your 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. I understand that by signing this Agreement, I am releasing claims and giving up substantial rights, including my right to sue, and acknowledge that I am doing so voluntarily. No representations, statements, or inducements, oral or written, apart from the foregoing written statement, have been made. I represent that I am duly authorized to execute this Agreement on behalf of FACILITY USER.
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.
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.
RULES AND REGULATIONS OF THE FULLERTON ELEMENTARY SCHOOL DISTRICT REGARDING USE OF SCHOOL FACILITIES
1. Each school principal has the authority for and responsibility of approving the use of Facilities in his/her respective school, provided such use is in compliance with all state laws, city ordinances and regulations of the Board of Trustees. All approvals for use by school principals shall be subject to review by the Director of Maintenance, Operations and Facility Services and/or the Assistant Superintendent, Business Services.
2. An employee of the District shall be on duty at all times during public use of school facilities.
3. Pursuant to Section 51500 of the Education Code, no public meeting or entertainment held on the school property will be permitted to reflect in any way upon citizens of the United States because of their race, color, or creed.
4. Facility use fees will be as per Board approved fee schedule. In the case of entertainment or meetings where admission fees are charged or contributions are solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the pupils of the District or for charitable purposes, or in the event that a facility use request is not addressed on the fee schedule, a charge shall be made for the use of the facilities which shall be equal to the full rental value.
5. Whenever the use of school premises without a rental fee is permitted, it is understood that there will be no admission fee charged, no soliciting of funds, no free-will offering, no sale of literature by the organization using school facilities, and that the meeting shall be non-exclusive and open to the public.
6. Any use of Facilities for non-school purposes shall comply with all state and local fire, health, and safety laws. Applicant shall insure that all activities carried on, all equipment used or placed upon school property, and all foods or other items of personal property used or distributed shall comply with applicable state and local fire, health, and safety laws and regulations.
7. The applicant shall pay for any breakage, damage, or loss of District property even if spectators or observers who are not official members of the organization cause such breakage, damage, or loss.
8. Applicant must observe the ordinary rules of cleanliness and shall not leave Facilities littered with paper or trash. If Facilities are left littered and unsanitary, the Applicant will be invoiced for the cost necessary to clean the Facilities for school use.
9. Any use contrary to or in violation of any law, or of these rules and regulations or non-payment of fees, shall be grounds for cancellation and for removing the Applicant from the Facilities and may be grounds for barring such Applicant from further use of the facilities of this District.
10. SMOKING is not permitted anywhere on school property.
11. The number of people present shall not exceed the posted seating capacity for the Facility. This is a FIRE REGULATION.
12. School furniture or apparatus may not be removed or displaced by any Applicant without permission from and under the supervision of the District employee in charge.
13. All juvenile organizations or groups seeking use of Facilities must have adult sponsorship and adequate adult supervision. Sponsors and supervisors of such groups must at all times exercise control and maintain a high standard of conduct with all members of the group.
14. Applicant using Facilities, which include a stage and stage equipment, shall not be permitted to remove or displace furniture or apparatus. Pianos shall not be moved on or off the stage, except under the direction of the District employee in charge. Any additional props shall be flameproof, as required by law. No change shall be made to curtains, lights, ceiling pieces, or other equipment without prior written approval from the District. No dressing space shall be provided except regular dressing rooms connected with the multi-purpose building and stage; nor shall access to other buildings, rooms, toilets or lavatories other than those in the multi-purpose building or approved on the application form be permitted. No storage facilities will be provided to Applicant.
15. Applicant granted the use of Facilities or grounds under the Civic Center Act, in accordance with the facility use approval procedure, may be permitted to use equipment which needs an operator, such as motion picture projectors, public address systems, etc., provided they agree to pay all costs, including labor, to which the District may be subjected by reason of such use. Such use will be stated and approved on the Facility Use Application and Agreement. Only District employees shall be allowed to operate projectors and like equipment. School equipment is not to be loaned or rented for use outside of school property.
16. Applicant granted the use of Facilities is prohibited from storing equipment/items at Fullerton School District facilities, and the District accepts no responsibility or liability for loss or damage of any items left on campus.