San Jose City College District Terms and Conditions
Rental Lead Time - There is a $25.00 non-refundable application fee to request use of the facility.
PART I—USE OF FACILITIES MAY BE GRANTED SUBJECT TO THE FOLLOWING CONDITIONS
1. REASONABLE GUARANTEE: This agreement when signed by an authorized representative of the District constitutes approval from the District that facilities will be reserved as stipulated; however, first priority for use of District facilities is reserved for the District’s instructional programs. Upon 48 hour notice preceding an event the District reserves the right to cancel or re-assign use of facilities if they are needed for the instructional program, renovation, or due to weather conditions.
2. PAYMENT: Facility rental fees are to be paid five (5) days in advance of event. Late Charges of 1.5 percent (one and one half percent) per month may be assessed for payments past due for sixty days or more.
3. INSURANCE REQUIREMENTS: The District requires that the Renter provide proof of insurance. A certificate of insurance in the amount of $1,000,000 for one person, for one accident and $100,000 property damage, with an endorsement naming San José/Evergreen Community College District as additional insured shall be present to Business Services at least seven (7) working days prior to the first date of use. The Certificate of Inaurance must list Additional Insured as: San José/Evergreen Community College District 40 South Market Street, San Jose, CA 95113-2367. The Endorsement page must accompany the Certificate of Insurance.
4. LIABILITY FOR DAMAGES: Renter is liable for the care and protection of District property and will be charged for any damages sustained to the premises, furniture or equipment because of the occupancy. There shall be no posting of flyers, bills, brochures or banners to campus buildings or property at any time. Use of non-approved taping materials shall incur additional labor and/or material replacement charges post- event.
5. RULES AND REGULATIONS OF DISTRICT BINDING: Renter agrees to be bound by and conform to all policies and procedures of the San Jose/Evergreen Community College District governing use of its facilities.
6. CANCELLATION: Renter may cancel the Facility Use Agreement no later than 30 days prior to the scheduled event in order to be eligible for a full refund (less any costs incurred). District may cancel the Facility Use Agreement for any reason. If the District deems cancellation necessary, it will provide Renter with as much advance notice as possible and will issue a full refund.
7. INDEMNIFICATION: Renter shall indemnify, defend and hold harmless San José/Evergreen Community College District, its Board of Trustees, officers, employees, and agents from any and all claims, demands, suits, causes of action, liability, economic loss, and damages, including reasonable attorney’s fees and costs, arising from use of District facilities under this Facility Use Agreement.
8. BUSINESS SERVICES HOURS: 8:00AM-5:00PM Monday through Friday – please contact us within those hours regarding any concerns at 408-288-3103.
PART II SAN JOSE CITY COLLEGE FACILITY RULES & REGULATIONS
1. SJCC’s Business Services Office requests that a completed Facility Request be submitted on Facilitron as far in advance of the event date as possible, but in no event will an application be accepted less than 10 days before the event date. The request must be completed in Facilitron www.facilitron.com/sjcc95128.
2. College Facilities Coordinator will determine availability of the particular site and whether an applicant is approved or denied; however, permission to use SJCC facilities shall not be based on the viewpoint or message of the applicant group. There may be no advertisement or usage of the school property until written authorization is given.
3. A SJCC site supervisor/representative shall be on duty or on call during the approved facility rental period. The Renter will follow the site supervisor/representative’s directions on appropriate use of facilities.
4. Renter must have an adult (over the age of 18) present at all times during the facility rental period if any of the participants are minors. The Renter will assume full responsibility for any loss and/or damage to District owned equipment that occurs during the facility rental period. District reserves the right to deny further use of its facilities to Renter in the event Renter damages District property.
5. District may charge Renter for police, custodial and other personnel costs as set forth in the Facility Fee Schedule. SJCC will take such measures as needed to protect the public and District property during the facility rental period.
6. Renter shall meet the requirements of Section 20.30.700 of the City of San Jose Municipal Code, maximum sound level shall not exceed 55 decibels at the college property line.
7. Use or possession of tobacco, alcoholic beverages, drugs, and weapons are prohibited. Illegal activities of any kind are also prohibited. If Renter engages in any prohibited activities, District reserves the right to terminate the Facility Use Agreement and require Renter to vacate District property.
8. Concession rights will be reserved for District when facilities are used. The Vice President of Administrative Services or designee may waive this right to the applicant.
9. In the event of an emergency, the Vice President of Administrative Services or designee is authorized to cancel events, (ex. inclement weather) being held under a Facility Use Agreement
***If SJCC is closed due to weather, emergency, etc., all events and rentals are canceled until SJCC is officially reopened.***
I have read and agree to abide by the rules and regulations governing facility use at San Jose City College.
I agree to be billed for any additional hours utilized but not listed on the final contract.
APPLICATION AND AGREEMENT FOR THE USE OF 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:
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:
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.
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.
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.
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).
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.)
Waiver and Release of Claims. To the fullest extent permitted by law, FACILITY USER releases the San Jose City College, 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.
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.