RIVERSIDE UNIFIED SCHOOL DISTRICT
APPLICATION AND AGREEMENT FOR THE USE OF FACILITIES
RENTER UNDERSTANDS THAT THE MINIMUM FACILITY USE FEE IS CHARGED AT 2/HR FOR ALL RUSD FACILITIES.
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:
1. Including, but not limited to, the SARS‑CoV‑2 virus (the “Coronavirus”), the Applicant/Representative ( the “FACILITY USER”) agrees to strictly, and without exception, follow 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:
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 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).
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 Riverside Unfied 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 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.
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 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.
TOBACCO USE IS PROHIBITED ON SCHOOL FACILITIES AT ALL TIMES
### DECLARATION OF APPLICANT (CONDITIONS FOR USE OF SCHOOL FACILITIES):
No smoking of any kind including electronic cigarettes, no alcoholic beverages and/or controlled substances are permitted on the school grounds at any time.
Facility user agrees that the District makes no representations or warranties as to the condition/s of the facilities which the facility user is entitled to use and facility user agrees to take such property and facilities "AS IS". Facility user acknowledges that it shall be the facility user's responsibility and obligation to assure that the property and facilities are in proper and safe conditions to be used for the purpose anticipated and facility user acknowledges that it shall be obligated to inspect such property and facilities before they are used and to take affirmative steps where necessary to warn user/s or rectify hazards in order prevent injuries to property and/or persons. Applicant for facility use agrees to refuse the use of the property if unsatisfactory conditions are not rectified prior to scheduled use. Facility user further acknowledges receipt of a copy of the District's rules and regulations for the use of facilities. By the applicant's signature below, the facility user agrees to abide by all rules and regulations governing the use of the District's facilities and the conduct of all meetings. The use of any climbing wall is by special written approval from Maintenance and Operations (M&O) only. The wall is otherwise closed and may not be used under any circumstances. Applicant releases Riverside Unified School District (RUSD) of any liability that may arise from disobeying this restriction up to and including no further use of RUSD facilities. Facility user further acknowledges that facility use is contingent upon full compliance with these rules, as well as any site rules specified by the site administrator. All facilities users agree by their signature below to indemnify, defend, and hold harmless the Riverside Unified School District, its governing board, and the individual members thereof and all district officers, agents, and employees free and harmless from any loss, damage, liability, or expense that may arise out of, or in any way be connected with this facility use agreement. This waiver shall not apply to any occurrences which may arise solely out of the negligence of the District, its employees, or agents. In accordance with Ed Code Sections 38135-38136 (Civic Center Act), the facility user acknowledges that 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 for the purpose of which is to accomplish the overthrow of the government of the United States by force, violence, or other unlawful means and the facility user 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 penalty of perjury. Applicant acknowledges the District's willingness to rent this facility is contingent upon approval by the site administrator and by the District's M&O Department. Applicant acknowledges by electronic signature school events may displace your event and applicant should have a back-up plan. Permission will not be granted until all necessary documents such as certificates of insurance and additional insured endorsements when requested are received by the District. The applicant certifies by his/her signature below authorization from the above named organization/sponsor to act as a representative of said group. User will be mailed a signed copy of the Agreement for the Use of School Facilities when permission is granted.
CLIMBING WALLS: RUSD must give you written approval for use of a climbing wall. The wall is otherwise closed and may not be used under any circumstances whatsoever while using the gymnasiums. By checking the box on your application next to "I agree to the facility use terms and conditions" you acknowledge that as the leader of your program/group that no members may touch or attempt to use the climbing wall and you take full responsibility as a representative of your organization for your members to enforce this restriction and release RUSD of any liability in regards to the climbing wall.
Assembly Bill 1194 requires that “any person, or public or private firm, organization…. That hosts a ticketed event for live entertainment shall make an announcement of the availability of emergency exists prior to the beginning of live entertainment.”
This means that at the beginning of an event that is ticketed, such as a football game or theater event you must give a verbal introductory statement to the audience providing the location(s) of the nearest emergency exit(s). For a stadium audience this would be a remainder of which side to evacuate from in case of an emergency, or in the case of a gymnasium (if tickets are sold) point out the direction of exit(s).
A sample announcement would be:
Ladies and gentleman in case of the need of an emergency exit, please note the exits to your left and right, behind, and in front of the theater. Keep all aisles clear at all times of purses, strollers and people. Thank you.
**NOTE: REQUESTS FOR SPECIAL EQUIPMENT, ROOM SET‐UP, OR ASSISTANCE SUCH AS SOUND AND LIGHT OPERATORS WILL BE COORDINATED DIRECTLY WITH THE DISTRICT OFFICE. USE OF RUSD THEATERS REQUIRES AN RUSD TECHNICAL DIRECTOR AND STUDENT WORKERS. ALL RENTAL FEES WILL BE PAID DIRECTLY TO THE DISTRICT OFFICE, INCLUDING FEES FOR LABOR. FACILITY USER IS RESPONSIBLE FOR ADHERING TO COUNTY OF RIVERSIDE DEPARTMENT OF HEALTH REQUIREMENTS FOR THE SALE OR SERVING OF FOOD INCLUDING OBTAINING NECESSARY PERMITS AND CERTIFICATIONS. **REQUESTS FOR KITCHEN REQUIRES ADDITIONAL CHARGE. PLEASE REFER TO RUSD RULES AND REGULATIONS #1330(d)(REF. POLICY #1330)1.6 SPECIAL FACILITIES 1.6.1 Cafeterias/Kitchens.**
1.0 USE OF SCHOOL PROPERTY AND FACILITIES
1.1 District facilities are available for use under the Civic Center Act in accordance with Board of Education Policy #1330.
1.2.1 All rental fees and direct costs must be paid at least two weeks in advance of use.
1.2.2 All fees will be in accordance with the district fee schedule maintained and revised by the district Business Office.
1.3.1 Organizations desiring to use district facilities, including school grounds, shall complete an “Application and Agreement for Use of Facilities.” Once approved by the site, this application becomes a permit to use district facilities.
1.3.2 An official representative of the requesting organization who must be 18 years of age shall sign the request.
1.3.3 Once completed by the requester, the application will be reviewed by the school principal or assistant principal who will indicate whether the date and time requested is available, acknowledge that the requested event shall not interfere with the educational program of the school, and indicate if any custodial hours/overtime hours will be required.
1.3.4 No permit shall be granted for a period exceeding one year within a fiscal year. In case of the conduct of religious services for temporary periods by any church or religious organizations that has no other suitable meeting place for conduct of religious services, the district facilities will be available on a one-time renewal basis
1.3.5 All permits automatically expire on June 30th of each year and new requests may be submitted for the subsequent year beginning July
1. RIVERSIDE UNIFIED SCHOOL DISTRICT Rules and Regulations #1330 (b) (Ref. Policy #1330)
1.0 USE OF SCHOOL PROPERTY AND FACILITIES (continued)
1.3.6 No use shall be granted in such a manner as to constitute a monopoly for the benefit of any person or organization.
1.3.7 All requests must be received in the Business Office at least two weeks in advance to ensure availability, processing, and payment, if applicable.
1.4 Rules for Use
1.4.1 A paid district staff member, usually a custodian, shall be on site for all inside events. If this requires overtime, the cost will be passed on to the using organization. A district staff member, who is also a member of the using organization, shall not represent the district.
1.4.2 All facilities shall be vacated by 10:30 p.m. The district facilities will not be available for use between 10:30 p.m. and 6:00 a.m.
1.4.3 Use is limited to the specific facilities and equipment requested. The use of other facilities or equipment is not permitted.
1.4.4 Furniture, equipment, stage curtains, hangings, weight systems, apparatus, switch boards, lighting panels, etc., shall not be moved or reconfigured except under the supervision of a district employee or qualified student assistant.
1.4.5 No payments of any kind shall be made directly to district employees. However, student assistants who operate lighting or sound systems will be paid directly by the user at the time of the event if prearrangements are requested by the user.
1.4.6 All drapes, hangings, curtains, drops, etc., and all decorative materials shall be treated and maintained by means of a solution or process approved by the State Fire Marshall.
1.4.7 No open fires or flames, including candles, shall be permitted.
RIVERSIDE UNIFIED SCHOOL DISTRICT Rules and Regulations #1330 (c)
(Ref. Policy #1330)
COMMUNITY RELATIONS USE OF SCHOOL PROPERTY AND FACILITIES (continued)
1.4.8 No storage is available and equipment props, materials, etc., owned by the using organization or individuals must be removed after each use unless specific permission is obtained from the school principal.
1.4.9 District facilities shall not be used for animal training of any type, archery, recreational golf, motorcycles, model planes, midget cars, aircraft or aerial shows or any other dangerous or hazardous activity.
1.4.10 Organizations conducting religious services on district facilities
may only do so on a one-time renewal basis and only if the
organization has no suitable meeting place for the conduct of the
1.5.1 Access to the district facilities is determined in accordance with Education Code Section 38131 [formerly Section 40041 (A)]. All individual or organizations who apply to use district’s facilities for any purpose other than a meeting are required to have or procure insurance as specified in section 5.3.
1.5.2 As used in this policy, “meeting” is a gathering, assembly or convening of citizens, parent-teacher’ associations, Camp Fire Girls, Boy Scout troops, farmers’ organizations, neighborhood associations such as neighborhood watch groups, schoolcommunity
advisory councils, senior citizens’ organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, and moral interests of the citizens of the community in which they reside.
1.5.3 When insurance is required under Section 1.5.1, the applicant must have or procure property and liability insurance coverage in the amount of $1 million naming the District as an “additional insured.”
RIVERSIDE UNIFIED SCHOOL DISTRICT Rules and Regulations #1330 (d)
(Ref. Policy #1330)
1.0 USE OF SCHOOL PROPERTY AND FACILITIES (Continued)
1.5.4 If insurance is required, a certificate of insurance from a company licensed to do business in California with a Best Key rating in the “A” range is required and should be submitted with the
1.6 Special Facilities
a. To ensure compliance with health and sanitation codes, it is recommended that all food be purchased commercially.
b. A Nutrition Services kitchen representative shall be present to supervise the use of all kitchen equipment. Arrangements must be made in advance. There will be an
1.6.2 Swimming Pools
a. Using organizations shall provide certified lifeguards for participants at a rate of one certified lifeguard for every 25 participants. A copy of the Red Cross Senior Life Saving Certificate for the lifeguards must be submitted with the permit application.
1.6.3 High School Little Theaters/Ramona Auditorium
a. Rental does not include use of the band or choir rooms; these rooms are not available for rent.
b. Except as included in section 1.2.1 of Board Policy #1330, groups using district facilities for rehearsals and performances may be charged at the direct cost rate unless an admission fee is charged for such rehearsals. Except as included in section 1.2.2 of Board Policy #1330, if an
admission is charged for rehearsals and performances then fair rental value will be charged for use of the district facilities.
RIVERSIDE UNIFIED SCHOOL DISTRICT Rules and Regulations #1330 (e)
(Ref. Policy #1330)
1.0 USE OF SCHOOL PROPERTY AND FACILITIES (Continued)
1.7 Facilities Fee Schedule
1.7.1 The facility use fee schedule shall be updated periodically to accurately reflect the costs associated with operating district facilities.