Use of Facilities Waivers & Authorization Forms
These forms have been formatted with space at the top to allow for printing on district letterhead.
Use of Facilities, Indemnity and Insurance Agreement (Ed. Code 38134(a)Private Entities)
Used with Education Code 38134(a) Private Entities: Free Use (Direct Cost Recovery if Authorized)
Applies to non-profit organizations, clubs, or associations organized to promote youth or school activities, as long as they confirm that no other alternate location is reasonably available for their meeting or activity. Contemplated groups include Boy Scouts, Girl Scouts, PTAs, PTOs, and school-advisory groups.
Insurance requirements for liability arising from the group’s activities should be in accordance with approved district requirements. If no requirements exist, it is suggested that the liability limits be at least $1 million per occurrence/$2 million in the aggregate. Insurance is required because, under Section 38134, each party must defend, indemnify and insure itself against risks of loss arising from its separate activities/obligations. This form does not apply to any otherwise qualified group which intends to use school grounds for fundraising activities not directly beneficial to youth or public school activities of the District. (i.e., a girl scout bake sale for UNICEF)
Use of Facilities, Indemnity, and Insurance Agreement (Non-Ed. Code 38134(a) Private Entities)
Used with all Other Private Entities: Direct Costs and Fair Rental Value if Authorized
Applies to all non-public agency groups who may use the facilities for entertainment or meetings. Groups contemplated by this provision include churches, religious organizations, charitable fundraisers not falling within the 38134(a) provisions, sports leagues (except for public entity-sponsored sports leagues), and political groups or organizations. The District can charge both direct costs and a "fair market rental" fee.
Insurance requirements for liability arising from the group's activities should be in accordance with approved district requirements. If no requirements exist, it is suggested that the liability limits be at least $1 million per occurrence/$2 million in the aggregate. District should obtain an "additional insured endorsement" from the group before the group actually begins use of the facility.
Use Of Facilities Agreement Between Public Agencies
Used with Any Other Public Entity: Costs are Fully Negotiable
Applies to any public agency (Parks and Recreation Districts, the State of California, etc.) and its sponsored activities. A facility use fee is not required, but may be charged. Determination of an appropriate fee level will be based on the activity and imposition on the District's resources.
Indemnity and insurance requirements are fully negotiable, and should generally be as broad and protective as the "All Other Private Entities Form." Indemnity and insurance/coverage provisions will in each instance need to be carefully reviewed, particularly in circumstances in which the government agency is self-insured or covered by another Joint Powers Agency.