Facilities Use Agreement
It is the intent of the parties to this agreement that Poway Unified School District (District) will not pay any expenses, attorney’s fees or liability amounts as a result of the use of district property and facilities by applicant pursuant to this agreement.
Applicant shall furnish liability insurance providing insurance coverage for the District for all activities of applicant conducted on District Property pursuant to this agreement. The liability insurance shall provide coverage of no less than $1,000,000 per occurrence and $5,000 per person in medical expenses coverage. PRIOR TO APPROVAL OF EVENT OR ACTIVITY THE DISTRICT MUST RECEIVE A CERTIFICATE OF INSURANCE AND AN ENDORSEMENT NAMING POWAY UNIFIED SCHOOL DISTRICT AS AN ADDITIONAL INSURED. The insurance coverage afforded to District pursuant to this agreement shall be primary insurance coverage which must be exhausted before any liability, expense or fee payments are made by District pursuant to any Joint Powers Agreements, or by any other insurance coverage which District may have. District shall be provided with a certificate of insurance conforming that it has been named as additional insured at least two (2) weeks before applicant uses District property.
All activity conducted on District property by applicant shall be at the risk of applicant exclusively and Applicant shall indemnify and hold district, its officers, agents and employees harmless against any and all losses, damages, liability, claims, demands and causes of action arising out of or in any way connected with the use by applicant of District property, including premises liability. Applicant shall owe this indemnity obligation to District, its officers, agents and employees even if the loss, damage, liability, claim, demand or cause of action resulted from District’s alleged or actual negligent act or omission, regardless of whether such act or omission is active or passive. However, applicant shall not be obligated under this agreement to indemnify District with respect to willful misconduct of District, its officers, agents or employees.
The requirement for carrying insurance naming District as an additional insured and the requirement for applicant to indemnify District are independent and both shall be given effect.
Applicant further agrees to be personally responsible, on behalf of his/her organization, for any damages sustained to District property, furniture, or equipment because of the use of occupancy of District property pursuant to this permit.
Applicant and his/her organization agree to abide by and enforce all rules and policies of the District governing the use of school facilities and equipment.
By accepting this information and proceeding with your reservations, you state that to the best of his/her knowledge, the school property, the use of which application is hereby made, will not be used for the commission of any act intended to further any program or movement, the purpose of which is 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/she is making application for use of school property via online, does not, to the best of his/her knowledge advocate the overthrow of the Government of the United States or the State of California by force, violence, or other unlawful means and that, to the best of his/her knowledge, it is not a communist- action organization or communist-front organization required by the law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury.
Additionally, this application is not to be sublet to any organization and the requestor, by completing their reservation has read and understood the rules and regulations for facility use as found on http://www.powayusd.com/requests/
No tobacco products in any PUSD facility or on any PUSD Grounds. Request is subject to cancellation at any time if use conflicts with District use or unsafe campus conditions. By acknowledging this agreement, you are certifying that no alternate location is available for this activity other than school district facilities.
Applicant/Lessee of PUSD property is required to comply with the State Water Resources Control Board (SWB), Water Quality Order No. 2003-0005-DWQ National Pollutant Discharge Elimination System (“NPDES”), General Permit No. CAS000004. Lessee is to fully familiarize itself with the Permit. Failure to comply with the Permit is a violation of federal and state law.
Applicant/Lessee of PUSD property hereby agrees to indemnify and hold harmless District, its officials, officers, agents, employees and authorized volunteers from and against any and all Notices of Violation (“NOV”), claims, demands, losses or liabilities of any kind or nature which District, its officials, officers, agents, employees and authorized volunteers may sustain or incur for Lessee’s noncompliance with the Permit, except for liability resulting from the sole established negligence or willful misconduct of the District, it officials, officers, agents, employees or authorized volunteers.
Before any on-line Requests are approved a copy of this Agreement needs to be printed, signed, and submitted to:
Click here for print version »
Attention: Facilities Use Department
Poway Unified School District
13626 Twin Peaks Road
Poway, CA 92064
or fax, (858) 486-4197