William S. Hart Union High School District 21380 Centre Pointe Parkway Santa Clarita, CA 91350
Facility User - Hold Harmless and Indemnification Agreement
THIS AGREEMENT, made this day of ________________, 2020 by and between and the William S. Hart Union High School District (District). In order to conduct the activity listed below at school on date(s).
We, agree to and do hereby indemnify and hold harmless the _________________________ School District, its Board, officers, agents, employees and volunteers (“District”) from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever (including reasonable attorney fees) which may be incurred by reason of:
A. Bodily injury to or death of persons, or damage to or theft of property sustained by the
undersigned, its volunteers and agents or any person, firm or corporation hired or employed by the undersigned in connection with the Activity listed below; except for liability, loss or damage attributed to the sole negligence or willful misconduct of the District, its Board, officers, agents, employees and volunteers. B. Bodily injury to or death of persons, or damage to property, sustained by any participant in
the Activity listed below, any guest or attendee, or any other third party that is caused by any act, neglect, default, omission, or liability of the undersigned, its volunteers and agents, or any person, firm, or corporation hired or employed by the undersigned in connection with the Activity listed below; except for liability, loss or damage attributed to the sole negligence or willful misconduct of the District, its Board, officers, agents, employees or volunteers. C. Harm (including death and health related injuries) arising from any person claiming to have
contracted, or demonstrating contraction of, COVID, or any related sickness or ailment as the result of participating in the Activity listed below and/or entering the property at the permission or request of the undersigned. The undersigned is solely responsible for implementing any cleaning measures required or suggested to ensure the property is safe for use prior to any of undersigned’s volunteers, agents, personnel or invitees enter the property and adequately cleaning the property after any such use/Activity. D. The undersigned’s responsibility and liability set forth herein shall include, but is not limited to, taking all steps and actions necessary or required to address the COVID pandemic with respect to this agreement, including but not limited to, ensuring any of the undersigned’s volunteers, agents, personnel and invitee(s) comply with all current and future requirements and recommendations issued by any government agency (including the City,
County, State, or the Federal Government, including its associated agencies such as the Center for Disease Control) related to the COVID pandemic that are applicable to the property, including adherence to any protective measures established by such government agencies applicable to events at or use of the property. The undersigned shall be solely responsible for determining and implementing the specific actions and requirements applicable to the Activity listed below that is conducted at the property at the time of the Activity, including any limitation on the number of attendees, required protective gear (such as mask and/or gloves) and the specific social distancing requirements applicable at the time. E. The undersigned acknowledges and understands that the District makes no representation
or warranty regarding the condition of the property with respect to COVID at any time during this agreement and shall have no duty or responsibility to ensure the property is sanitized or otherwise made clear of the COVID virus. The undersigned shall be solely responsible for determining whether the Activity/use of the property listed below is permissible based on current and future regulations or requirements established by any governmental agency at the time of such event and shall indemnify, defend, hold harmless the District from any penalty, cost, or action claiming that any District activity at the property violated any applicable governmental regulation or requirement. However, the District, at its sole discretion, can require the undersigned to cancel or reschedule the Activity by the undersigned at the property if the District determines, at its sole discretion, that the Activity would be in violation of any applicable governmental regulation or requirement or create a public safety hazard. However, the District’s right to require cancellation or rescheduling shall in no way limit the undersigned’s liability and indemnification obligations set forth herein. F. The undersigned at his/her own expense, cost and risk, shall defend any and all actions,
suits or other proceedings that may be brought or instituted against the District, its Board, officers, agents, employees or volunteers, on any such claim, demand or liability and shall pay or satisfy any judgment that may be rendered against the District, its Board, officers, agents, employees or volunteers in any action, suit or other proceedings as a result thereof. The undersigned agrees to a Waiver of Subrogation provided in favor of the following Additional Insured (Las Virgenes Unified School District) with respects to General Liability & Workers Compensation.
The undersigned shall procure and maintain during the life of this agreement, General Liability Insurance with a $1,000,000 per occurrence and $2,000,000 Aggregate Limit of Liability for Bodily Injury, Property Damage, including Blanket Contractual Liability. Organizations that provide services for children shall provide proof of sexual molestation and abuse coverage with a
2 Initial: ______
$1,000,000 per occurrence, $2,000,000 aggregate limit of liability. Sports Associations must show evidence that their General Liability Policy contains Athletic Participant’s Medical Student Accident coverage that will respond to injuries sustained by athletic participants.
The certificate of commercial general liability insurance shall name the District as additional insured. The additional covered party/insured endorsement must be in the form of an Endorsement attached to the organization’s Certificate of Insurance and must contain the following text:
William S. Hart Union High School District 21380 Centre Pointe Parkway Santa Clarita, CA 91350
The insurance coverages noted above shall be considered primary and non-contributory. The undersigned shall pay for any and all damage to the property of the District, or loss or theft of such property, done or caused by any persons associated with the undersigned and resulting from the named activity. The District assumes no responsibility whatsoever for any property placed on the premises. At the District’s sole discretion, limits of liability coverage may be increased and additional insurance may be required depending upon use of property. Facility Users who use the swimming pool must provide a licensed lifeguard who will be required to be on deck at all times while attendees are in the pool area.
I, THE UNDERSIGNED, HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL TERMS AND CONDITIONS OF THIS DOCUMENT, AND ASSERT BY THE SIGNATURE BELOW THAT I HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT IN CONNECTION TO THE ACTIVITY BELOW.
RULES AND REGULATIONS – PLEASE READ BEFORE SIGNING REQUEST
TO MAKE RESERVATIONS
An approved permit will be emailed to you after the application has been approved by the District Office. Permission to use facilities is not final until you receive your copy of the approved application. Allow 3 weeks for processing your request.
PUBLIC SCHOOL PRIORITY
Any permit may be immediately revoked in the case of conflicting dates when the facility is needed for a public school purpose. In general, permits may be revoked at any time upon reasonable notice.
Facility users are required to obtain liability insurance.
You will need to contact an insurance agent or broker to have an insurance certificate issued that
(a) indicates $1,000,000 (one million dollars) liability insurance and (b) names the Wm. S. Hart Union High School District as an additional insured and certificate holder. In addition, a copy of the additional insured endorsement naming the Wm. S. Hart Union High School District as the additional insured is required. Insurance is also available to purchase through Facilitron.
MINIMUM COST USE
Minimum cost fees apply only for qualified non-profit organizations (501c3) under circumstances outlined in Board Policy 1330.
Whenever minimum cost use is granted, there must be no admission fee charged. If no admission fee is charged, the meeting shall be non-exclusive and shall be open at no cost to the general public. There must be no soliciting of funds, no free-will offering, nor sale of literature or other items by the organization using the school facilities.
Labor and utility costs may be billed to minimum cost users according to District Board Policy which is on file at the school and the District Office.
Payment of estimated fees is required 7 days prior to the use of facilities, which are made through Facilitron. Any fees incurred above and beyond the estimated fees are due net 30 days. Failure to pay in a timely manner will result in denial of future use.
In all cases except qualified minimum cost use, a rental fee as listed in Exhibit 1330 (Board Policy book) will be charged. The list of rental fees approved by the Board is available at the school or District Office.
The charges for custodial overtime are estimated; users may be billed for custodial time required prior or subsequent to the requested hours of usage, including setup/cleanup time.
The cancellation and change policy is as follows: Prior to 7 days of the first date the user is on-site: 100% refund of facility fees and 100% refund of custodial/tech fees.
Within 7 days of the first date the user is on-site or no show: the user/organization will be charged for all facility fees AND a 2-hour minimum for both custodial and tech fees.
If it rains on a day you are utilizing our fields, we will cancel that day of usage and the following 3 days (depending upon the severity of the rain) to allow for drying. A refund will be applied.
NO SHOW POLICY
13. If renter does not formally cancel and does not show up for scheduled event, renter will be obligated for paying 2 hours of custodial overtime and 10 percent of the reservation.
ACCESS TO FACILITY
14. The custodian will open the building for renter only when you present your approved application.
15. When a stage is to be used, full details of equipment and personnel needs must be furnished in advance. This includes a list of lights needed, curtains, number of dressing rooms, use of box office, number of stagehands, electrician, ushers, etc. Use of stagehands and/or lighting technicians will involve an additional expense to the users.
LIABILITY FOR DAMAGES
16. The use of school premises shall not be granted when there is a possibility of damage to school property. If damage does occur, the person or group signing the request for use of the premises shall be fully responsible and liable for the amount of loss.
SMOKING, INTOXICANTS, NARCOTICS, CUSTODIAN IN CHARGE, SUNDAY USE
17. There shall be no smoking. No intoxicants or narcotics shall be used, nor shall profane language, quarreling, fighting, immodest behavior, or gambling be permitted. Violation of this rule will be cause for immediate revocation of permit.
18. A school custodian shall always be on duty when school facilities are in use. The custodian’s duty is to enforce these rules and regulations and to report violations to the principal. Should these rules and regulations be violated, the permit to use the school facility will be revoked.
19. Juvenile organizations must have full-time responsible adult sponsorship and supervision.
20. Sections 40040-400047 of the California Education Code and detailed Policies and Administrative Regulations of the Governing Board are the basis of the above stated rules and are hereby incorporated into this application. These documents are on file in school administrative offices and in the District Office.
21. All Civic Center users must be in compliance with the City of Santa Clarita's noise ordinance: http://www.codepublishing.com/CA/SantaClarita/html/SantaClarita11/SantaClarita1144.html. As defined by the City, “Day” shall mean the time period from 7 a.m. to 9 p.m. and “Night” shall mean the time period from 9 p.m. to 7 a.m.
22. TRACK AND TURF USER GUIDELINES