Terms & Conditions
1. ***A Certificate of General Liability Insurance with a minimum $2,000,000 aggregate and $1,000,000 per occurrence, naming the Pomona Unified School District as an additional insured, must be attached to this application. An Additional Insured Endorsement instrument must be included with the Certificate. A permit will not be issued until the insurance is on file in the Civic Center Office.
2. School property shall be protected from any damage or mistreatment and applicant shall be responsible for the condition in which they leave the school building, grounds, and total campus (if applicable). In case school property is damaged, the applicant thereof shall pay the cost. This shall be ground for cancellation of use permit. This condition is in accordance of Education Code Section 38134. All insurance documents must be submitted and verified no later than seven (7) days prior to use. Within seven (7) days prior to use, the district reserves the right to decline any pending or approved facilities use request with missing/incomplete insurance.
3. The school property for use of which application is hereby made will not be used for the commission of any crime, any act which is prohibited by law or any act intended to further any program or movement the purposes of which is to accomplish the overthrow of the government of the United States. All individuals, groups or organizations in their use or occupancy of school property, shall comply with all applicable laws, rules and regulations. Any use contrary to or in violation of any law, rule or regulation shall be grounds for cancellation of the permit and removing the users from the property any may bar such individual, group or organization from further use thereof. (Education Code Section 38133 et.seq.)
4. All functions shall close by 11:00 p.m. unless special permission is secured in advance from the Assistant Superintendent, Business Services.
5. No intoxicants, narcotics or smoking shall be permitted on school property, nor shall profane language, quarreling, fighting or gambling is allowed. Violation of this rule by any organization during occupancy shall be sufficient cause for denying further use of the school facilities to the organization. Board Policy 3513.3.
6. Custodial service is required any time the building facilities are in use. The assigned custodian shall be responsible for verifying the group’s authority to use the facility; for making necessary arrangements to accommodate the meeting; for cleaning and returning the facilities to proper condition for school use; for reporting any deviations or departures from Board regulations; and the custodian shall perform all services in a friendly and helpful manner. The custodian shall not open any facilities until the sponsor or director of the activity has arrived. Custodial charges will be additional when the custodian is not normally on duty.
7. Putting up or storing decorations or scenery or moving pianos or other furniture is prohibited unless special written permission is granted by the Assistant Superintendent-Business Services. All scenery and decorations must be in accord with the regulations of the fire marshal.
8. Nothing may be sold, given, exhibited or displayed on school property without prior permission as noted on the facility use permit.
9. Only the Board of Education may pay District employees for service rendered in behalf of an organization using school facility. No group, organization, or individual may donate a gift to anyone as a consideration for services performed while on duty as an employee of Pomona Unified School District.
10. The District reserves the right to revoke a permit at any time.
11. The use of buildings or grounds is limited to the locations entered on the permit and necessary access and parking areas and does not include the use of equipment except as entered on the permit.
The use of school district buildings, grounds and equipment shall be under terms and conditions and subject to limitations, requirements and restrictions set forth in the Education Code or in Pomona Unified School District policy and supporting regulations, and as otherwise may be established by the Board of Education from time to time.
Use of district property, such as chairs, tables and audio visual equipment by or under the supervision of a qualified operator may be authorized, but such equipment shall not be loaned to individuals or community groups for use off the district premises, except that chairs and tables may be used by community groups for activities which are conducted for the benefit of district students or student organizations. Damage costs generated as a result of off-campus use under these provisions shall be borne by the using organization.
Facilities shall not be used by or for:
1. An individual, group or organization as prohibited in the Education Code.
2. An individual or group for commercial purposes or private gain unrelated to school activities or to the activities of school related organizations or community organizations or for performing any act or doing anything that is unsafe of threatens the safe use and enjoyment of the facilities by others.
3. Riding horses, bicycles, motorcycles, go-carts, or any other wheeled vehicles or livestock except as special permission may be granted by the Superintendent or his designee.
4. Any individual, group, or organization, which in the opinion of the Superintendent becomes immoral, rowdy, or otherwise objectionable, or damages the facilities or fails to leave them in a clean and neat condition or fails to abide by district policy or regulations or special provisions relating to any particular use. When any such conditions are determined to exist, the using group shall forfeit all privileges given under the authority.
5. An individual, group or organization deemed subversive as defined by the Education Code.
STATEMENT OF INFORMATION
By signing the request for use, the applicant states, that to the best of his knowledge, the school property for use of which the application is hereby made will not be used for the commission of an act intended to further any program or movement the purpose of which to accomplish the overthrow of the government of the United States by force, violence or other unlawful means.
That the organization on whose behalf he is making application for the use of school property, does not, to the best of his knowledge, advocate the overthrow of the government of the United States of the State of California by force, violence or other unlawful means, and that, to the best of his knowledge, it 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 penalties of perjury.
GENERAL RULES AND REGULATIONS
1. Groups using school grounds or facilities shall confine activities to areas specifically assigned.
2. Groups shall be responsible for the condition in which they leave school facilities. Failure to leave facilities in a clean condition after use can result in terminating the applicant’s present or future use. In cases where school property has been damaged the damage shall be paid for by the organization involved.
3. All juvenile organizations or groups booking the use of school facilities must have adult supervision at all times during the use.
4. Use of the school property shall be under the supervision and control of a duly authorized employee of the district. It shall be that person's duty to see that these rules and regulations are enforced and report any violations or attempted violations to the principal and the Civic Center Department.
5. There shall be no smoking or use of any tobacco products on any district property.
6. If free use is granted, the meeting shall be open to the public.
7. Where a fee is charged, it shall be in conformance with the schedule adopted by the Board of Education. This fee schedule will be subject to change at the discretion of the Board. Payment must be submitted no later than seven (7) days prior to use. Within seven (7) days prior to use, the district reserves the right to decline any pending or approved facilities use request with missing/incomplete payment.
8. An authorized employee of the district shall open the building upon the presentation of application properly authorized.
9. Unless otherwise authorized, all functions shall close by 10:00pm. When facilities are used beyond 10:00pm.an additional hourly fee will be charged in accordance with the schedule of fees. Allowances may be made for unusual circumstances.
10. A complete set of laws, membership lists, or other related information of any group or organization requesting use of school facilities may be requested by the district and shall be presented upon request.
11. Preparations shall not be used on floors for dancing without the written consent of the principal or Civic Center Department.
12. When an admission fee is charged by the user, and in the opinion of the district a net profit may result from the use, the district may examine the financial records of the user to determine the appropriate fee to charge.
13. Equipment or furniture shall not be taken from the premises except by written permission of the school principal and then only if it is to be used for an approved purpose at another facility of the district.
RULES FOR USE OF OUTDOOR FACILITIES
1. Outside facilities may be used only with an approved Facility Request.
2. Watering equipment shall not be moved, turned on or off, or interfered with in any way.
3. No motor vehicles of any kind are allowed on the fields. Parking lots shall be used for this purpose.
4. Fields shall be left in the same condition in which they were found. Users shall clean up the area after each use. Damage beyond normal wear or failure to leave grounds in a clean condition after use can result in terminating the applicants' present or future use. Costs incurred by the district to affect repairs or to clean up after a user must be paid by the user.
5. Users will be billed for costs when their use has resulted in expense for the district.
6. In the event that the group fails to pay within 2 weeks of being billed, the group must cease use of facilities until such time as the bill is paid in full.
7. All activities shall be held at a safe distance from buildings and other structures that might be damaged by balls or other sports equipment.
8. Gates shall be used when entering or leaving the facility. Fences shall not be climbed or gates forced open.
9. Fields shall be vacated after dusk unless other arrangements have been made with the district Civic Center department or school principal. Use of school property for sports or other strenuous activities is prohibited during periods of time when the air quality has been declared "unhealthful" by the S.C.A.Q.M.D. It shall be the responsibility of the user to determine that the environment for play is safe.
10. Alterations of markings on the fields are prohibited without permission of the Civic Center Department.
11. Unsupervised bicycle or skateboard riding is prohibited on all school facilities.
12. Violations of the rules and regulations may cause cancellation of the facility use privilege.
13. Fields must not be used after a heavy rain, when they are wet, when any use will damage a field or when they are posted as unplayable.
14. Community groups are restricted to the use of designated play areas and should not utilize lawns, out-of-bounds areas or other non-designated areas for playfields.
15. Hitting of golf balls or golf practice of any kind is prohibited on all district property.
16. Dogs and other animals are prohibited from being on all district property unless the are: a) involved in a district sponsored activity such as obedience or grooming classes, b) seeing eye dogs; or c) specifically authorized by the school principal or the Civic Center Department.
In addition to the Application and Agreement for the Use of Pomona USD Facilities, the Applicant/ Representative enters this Coronavirus Addendum and further 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 Pomona Unified 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.