ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS SAN MATEO UNION HIGH SCHOOL DISTRICT (SMUHSD) or any of its respective trustees, officers, employees, and agents (collectively the “RELEASEES”), from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of SMUHSD or RELEASEES or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or using any equipment thereon. BY INITIALING BELOW, the undersigned also expressly and knowingly waives all rights under California Civil Code Section 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS RELEASEES AND COVENANTS NOT TO SUE RELEASEES from (or for) any loss, liability, damages or costs they may incur, whether caused by RELEASEES’ negligence, active or passive, or otherwise while the undersigned or any participating child is in, upon, or about the premises or any facilities or equipment thereon.
The undersigned understands and agrees that SMUHSD is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment thereon. The undersigned agrees and acknowledges that use of SMUHSD’s facilities may involve inherent danger and risk, including, without limitation, the risk of physical illness or
injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the facilities and/or while using the facilities or equipment thereon. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of SMUHSD and RELEASEES and waives any claim in respect thereof.
THE UNDERSIGNED REPRESENTS ON BEHALF OF HIMSELF/HERSELF AND EACH PARTICIPATING CHILD THAT USE OF THE FACILITIES IS NOT IN VIOLATION OF STATE OR COUNTY OF SAN MATEO COVID-19 ORDERS REQUIRING THE UNDERSIGNED AND/OR PARTICIPATING CHILDREN TO SELF-QUARANTINE DUE TO REGULATIONS OR GUIDELINES CONTAINED IN SUCH ORDERS.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM RELEASEES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT THE PREMISES OR FACILITY AND EQUIPMENT THEREON, AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM.
I understand that this document is a promise not to sue and a release of and indemnification for all claims. If signing on behalf of minor(s), I also understand that this agreement is made on behalf of my minor child(ren) and/or legal wards and I represent and warrant to SMUHSD that I have full authority to sign this agreement on behalf of such minor(s).
Hold Harmless and Indemnification Agreement
The undersigned agrees to defend, indemnify, and hold harmless the San Mateo Union High School District, its Board of Trustees, officers, agents and employees, individually and collectively, from and against all costs, losses, claims, demands, suits, actions, payments, and judgments, including legal and attorney fees, arising from personal or bodily injuries, property damage or otherwise, however caused, brought or recovered against any of the above that may arise for any reason from or during or be alleged to be caused by the undersigned’s participation in the voluntary use of the San Mateo Union High School District’s facilities, furniture, or equipment. Parents must sign if the user is a minor—under eighteen years of age.
Terms and Conditions for use of SMUHSD Facilities
1. The time you plan to arrive is the time you must start your permit. Please allow for sufficient time for warm-up/setup and cool-down/breakdown. Permit holders may not enter the facility until start time and must have vacated by designated end time. Disregard for start times or end times will be just cause to revoke your permit. Should it be necessary to extend the time beyond that specified on your permit, special permission must be obtained from the administrator in charge of the facility before the event convenes, and in such instances additional charges may be due.
2. All individuals associated with your event, including but not limited to, your coaches, assistants, employees, agents, volunteers, participants, invitees, attendees, spectators, customers, suppliers (collectively Associated Individuals) will not be allowed in the facility before the time indicated. All Associated Individuals must vacate the facility by the indicated ending time.
3. Delivery of supplies or equipment will not be accepted in the facility prior to the indicated time listed on your permit. A representative from your group must be present to sign for the delivery of all supplies or equipment.
Payment & Insurance Coverage
1. Unless otherwise noted, groups must pay for permits at least 30 days in advance of the first use date, or the permit will automatically cancel and the dates and times will be available for others to book. A permit approved less than 30 days in advance of the first use date must be paid upon approval, and before the first date on the permit.
2. Permit applicants must provide a valid EIN number on their account to receive Group B rates.
3. Permit applicants must also provide a copy of certificate of insurance and additional named insured endorsement naming SMUHSD and its Board, trustees, officers, employees, volunteers and agents as additional insureds before use of facilities. These documents must be uploaded to the permit holder’s account under “Insurance Policies.”
1. Permit holders shall not assign or transfer their permit, or assign their right to use to any portion of the rented facility under their permit, to a third party without the prior written consent of SMUHSD, which consent shall be in SMUHSD’s sole and absolute discretion.
2. Any attempted assignment or transfer in violation of Section 1 above shall be automatically void and shall result in the immediate termination of permit holder’s permits.
Charges & Cancellations
1. Reservations are granted with the understanding that SMUHSD may cancel a permit when the facility is needed for a SMUHSD program or for emergencies. In the event of cancellation, SMUHSD will issue to permit holders refunds of any payments made by permit holders to SMUHSD.
2. Rain Days for tennis courts or grass fields will be refunded to permit holders or rescheduled for lost use on tennis courts or grass fields. Use of school playing fields is not permitted while it is raining, or if the field is wet and such activity would be harmful to the playing surface, and when such conditions may present a safety hazard to users.
3. If the nature of the event or number of participants changes, SMUHSD must be notified immediately and no changes may be made within one week prior to the scheduled use. If necessary, fees will be changed according to applicable rates. SMUHSD reserves the right in its sole and absolute discretion to approve or disapprove any requested changes.
4. If cancellation of a rental is necessary, SMUHSD must be notified immediately. Cancellation must be made at least 30 days in advance of the scheduled use or the user may be held liable for all charges.
5. Request for changes to permit dates or start times must be made in writing to the General Manager, Facilities Use. All requests for changes must be made as soon as possible, but in no event less than three business days prior to the permit start date. Approval of changes shall be in the absolute and sole discretion of SMUHSD.
6. Theater Cancellations
Permit cancellation more than 60 days out from first date on permit:
• All fees refunded
Permit Cancellation within 60 days of first date on permit:
• Rental deposit not refunded
• Rental fees and estimated labor fees refunded in full
Permit Cancellation within 30 days of first date on permit:
• Rental fees and rental deposit not refunded
• Any prepaid labor refunded in full
*Changing permit dates qualifies as a cancelled permit if the change is not approved by SMUHSD.
7. SMUHSD shall have no liability upon cancellation of any permit other than the refund of deposits or fees advanced by permit holders. Permit holders waive and release SMUHSD from all damages, including but not limited to, general, special, incidental or consequential damages arising from or related to cancellation of any permit.
Residency Requirement for Field Permits
1. Permit holders must meet residency requirements to receive priority booking privileges as set forth in the Field Allocation Guidelines, which are incorporated by reference herein.
2. Permit holders providing false or misleading residency data to secure priority residency designations will lose priority booking privileges for a minimum of three years, and all active bookings are subject to cancellation by SMUHSD.
Building Supervision & Revoking a Permit
1. Buildings will be opened, attended, and closed by an authorized employee of SMUHSD. School keys must remain in the possession of authorized SMUHSD employees.
2. An SMUHSD attendant will be on duty at all times and is responsible for the general conduct in the building and enforcement of the rules governing the facilities. SMUHSD attendants will be the permit holder’s contact at the facility during the permit times. SMUHSD ATTENDANTS HAVE NO AUTHORITY TO NEGOTIATE ANY CHANGES TO THE PERMIT. ALL CHANGES MUST BE MADE AS PROVIDED ABOVE.
3. A permit may be revoked for failure to observe the permit terms, these Terms and Conditions, the Field Allocation Guidelines and all other rules, regulations and ordinances governing the use of the rented facility.
4. Fights, vandalism, or unacceptable behavior occurring during a rental shall cause immediate cancellation of the rental with no refund of deposits or fees.
Artificial Turf Fields, Grass Fields, Track Surfaces
1. Lines may not be made on fields without permission of SMUHSD.
2. Strollers, bicycles, tricycles, skateboards, scooters, motorized vehicles and roller blades are prohibited on track surfaces.
3. Food and drinks (except water), including sunflower seeds, gum, candy, and energy bars are prohibited on artificial turf fields and track surfaces.
4. Animals, including dogs, are prohibited on school property, except service dogs and animals as set forth in SMUHSD rules and regulations.
5. Flames, rockets and anything determined to be a fire hazard are prohibited.
6. Hitting golf balls is prohibited.
7. Chairs are prohibited on track and artificial turf surfaces without prior permission and proper protection under footings.
8. Tables and canopies may be used on track and artificial turf provided they have proper end caps or other protection.
9. Equipment of any kind is not to be dragged across the track. This includes team benches, lacrosse goals, team canopies, coolers, etc. (Note: the average cost of a track repair is $4500.00)
10. For footwear on track: use ONLY rubberized sport shoes or 1/4” or less spikes.
11. For footwear on artificial turf fields: use ONLY rubberized sport cleats or sport shoes.
Indoor & Theater Permits
1. Food and beverages are prohibited inside indoor facilities.
2. Your group may not affix anything to walls without authorization from the General Manager, Facilities Use.
3. Smoking is prohibited everywhere in the facility and on the high school campus.
4. Doors will be opened according to the start time on the permit. Renters who have not vacated the building by the end time on their permit will be charged for additional labor and rental fees.
5. Per local noise ordinance, all theater performances must end by 11:00pm.
6. Theater rental groups jeopardize their refundable deposit if food is taken into restricted areas and/or if group members smoke on the rented facility.
7. Flames of any kind are prohibited.
8. Smoggers and hazers are prohibited per fire code.
9. Body oil of any kind is prohibited unless special arrangements are made with the theater staff at least one month prior to permit date.
10. All decorations must be fireproof or made of fire retardant materials and are subject to the approval of the Fire Marshall. No Balloons are allowed in the theaters.
11. Contents of classrooms may not be disturbed or removed without prior approval from site administrator.
12. Cellophane tape, nails, screw, staples, etc. are not permitted in/on the walls, woodwork or fixtures. Blue painters tape is recommended.
13. No latex balloons are allowed in any of our theaters
1 Smoking and/or the possession or use of narcotics or alcoholic beverages on school property, including in parking lots, is prohibited. Any person under the influence of narcotics or alcohol will be denied participation in any activity. Violations of this regulation are justification for immediate termination of the event, and reason enough to deny future use of school facilities.
1. No activities or entertainment are permissible which discriminate negatively upon any person because of race, color, creed, or gender.
2. There should be no profane language, offensive music, fighting or gambling on school property, including the rented facility.
3. No facilities use permit will be granted for a period exceeding more than one year.
Acknowledgment and Agreement
Permit holders acknowledge and agree to the following:
1. SMUHSD makes no representations or warranties as to the repair or condition of rented facilities and permit holders accept the rented facilities “AS-IS.”
2. Permit holders are advised that SMUHSD will have no obligation to inspect the rented facility to ensure the facility is suitable for permit holder’s intended use. Permit holders have the sole obligation to inspect the rented facility and determine the facility is suitable for permit holder’s intended use. Permit holders shall immediately notify the General Manager, Facilities Use, if the rented facilities is not in a safe condition and not suitable for its intended use under the permit. In the event it is determined the rented facility is not suitable for permit holder’s intended use, SMUHSD reserves the right to cancel the permit and issue refunds as provided herein.
3. Permit holders shall defend, hold harmless and indemnify SMUHSD and its Board, trustees, officers, agents and/or employees from any and all liability, damage, cost, expense, and/or claims for injuries to persons (including, but not limited to, sports programs participants and spectators) and/or damage to property which arise from or relate to permit holders’ and/or Associated Individuals’ use of the rented facility (including ingress and egress to the rented facility).
4. Permit holders waive and release SMUHSD from all damages, including but not limited to, general, special, incidental or consequential damages arising from or related to permit holders’ and/or Associated Individuals’ use of the rented facility (including ingress and egress to the rented facility.
5. Permit holders affirm that they have the authority to act on behalf of the user group named on the permit.
Updated and Board Approved 22 June 2017 (Updated Track Precautions on 8/29/17)(updated authority to act October 2017)