14. Permittee Announcements; Advertisements. Any announcement, advertisement or information distributed by Permittee about the event/activity on School Property shall include this disclaimer: “SFUSD neither endorses nor sponsors the organization or activity described in this document.”

15. Recycling and Composting. All Permittees approved to use School Property on a more than one-time basis must comply with District Board Resolution 311-18A5 by instituting a comprehensive recycling and composting program to help meet the District’s goal of 75% diversion by 2015 and 85% by 2025. Such Permittees may access a variety of resources from SF Dept. of Environment (“SFDOE”) at (415) 355-3742. Every such Permittee must provide the name of its on-site contact to coordinate recycling and composting efforts with SFDOE. Every such Permittee shall contact SFDOE to see if a waste site assessment is needed, and shall ensure that all waste generated by its activities shall be sorted as follows: recyclable waste in designated recycling carts (blue); compostable food, garden, and/or soiled paper waste in designated compost carts (green); remaining waste items (e.g. styrofoam, plastic films, foil packaging, etc.) in designated trash carts (black). Permittees approved for a one-time use Permit shall also sort, as detailed above, any waste generated by Permittee’s use of the Property.

16. Indemnity. Permittee shall indemnify, defend and hold harmless the San Francisco Unified School District, its Board, individual members thereof, and all District officers, agents and employees from any loss, damage, claim, demand, liability, obligation, cost or expense (including legal fees and cost of investigation) that may arise during or be caused in any way directly or indirectly by Permittee’s use of School Property, including without limitation any injury, accident, illness, or death, or any loss or damage to personal or other property. Permittee shall protect School Property from damage and return it in substantially the same condition in which it was provided. In the event that any School Property is damaged, stolen or lost, Permittee shall pay the cost for repair or replacement thereof. This Section shall survive the termination or expiration of this Permit.

17. Waiver of Liability. Permittee acknowledges and agrees the Property is provided in its present condition and “as-is,” and that any request to inspect the Property must be made prior to use. Permittee stipulates that the Property is clean, safe, and in usable condition. Permittee assumes all risks of the Property whether visible or not. Permittee agrees to fully RELEASE AND DISCHARGE (agreeing to make no claim, and not to sue) the District, its Board, employees, and agents, from any and all claims of injury, damage, loss, expense or other cost which Permittee may suffer, arising directly or indirectly, in whole or in part, from Permittee’s use of the School Property, including without limitation any injury, accident, illness, or death, or any loss or damage to personal or other property occurring during or by reason of Permittee’s use of the School Property. This Section shall survive the termination or expiration of this Permit.

18. Insurance. Without in any way limiting Permittee’s liability under this Permit, Permittee shall procure and maintain during the term of this Permit a General Liability insurance policy with limits not less than $1,000,000 (one million) each occurrence combined single limit for bodily injury and property damage. Coverage must include damage to rented premises with a sublimit, if any, of not less than $100,000 (one hundred thousand). The General Liability policy must name as Additional Insured “San Francisco Unified School District, its Board, officers and employees.” Such policy must be primary insurance to any other insurance available to the Additional Insured relating to any claims arising out of this Permit and must apply separately to each insured against who claim is made or suit is brought. Permittee must submit the insurance certificate and endorsement to the Real Estate Office at least 10 business days prior to the first scheduled use of School Property.

19. Application Fee. Permittee must pay a $50 non-refundable application fee, due with Permittee’s submission of the Facilities Use Permit Application.

20. Permit Fees. Permittee will be charged for the use of School Property at the fee rates in effect at the time of the use, which will be determined through the Facilities Use Permit application process. Full payment of any applicable Permit Fee is due no later than four (4) business days prior to the first requested date of use. If a Permittee's check is returned due to insufficient funds, Permittee must submit payment via cashier's check or money order plus an additional $50 for each returned check, or the District may terminate the Permit pursuant to Section 10 ("Termination"). A Permittee whose check is returned for insufficient funds may be required, for future use, to submit payment via cashier's check or money order.

21. Fee for Cancellation/Change. If Permittee decides, for whatever reason, not to use the Property as detailed in the Permit—including without limitation change of dates, change of use, or cancellation—Permittee must give written notice of such change(s) to the Real Estate Office at least 4 business days prior to the first requested use date. Permittee shall be responsible for any additional charges resulting from change of date or use, if approved. In the event of Permittee cancellation, District will refund Permit Fees upon written request by Permittee as follows. For cancellation at least 10 business days prior to the first requested use date, District will refund Permit Fees minus a 15% cancellation fee. For cancellation between 4 to 9 business days prior to the first requested use date, District will refund Permit Fees minus a 30% cancellation fee. For cancellation less than 4 business days prior to the first requested use date, no refund will be issued. Notwithstanding the above, if Permittee owes an outstanding balance to District, any applicable refund shall be applied first to pay off such balance, with any remainder issued to Permittee at the end of the fiscal year.

22. Additional Fees. Permittee shall be responsible for any additional fees incurred if Permittee’s actual use of the School Property goes beyond the use and schedule approved in the Permit.

23. Permit Application Process; Validity of Approved Permit. All arrangements for use of School Property must be made to the satisfaction of the Superintendent/designee, and are subject to the requirements detailed in this Permit Application, District policies, and California Education Code. A complete Facilities Use Permit Application—with all pages, signatures, required attachments, applicable fees, and insurance documentation—must be received by the Real Estate Office before it will be considered for approval. Failure to meet application requirements may result in delay/denial of the Application. A complete Application must be submitted to the Real Estate Office at least 20 business days prior to the first requested use date. In no event will the Real Estate Office accept any Application that is submitted less than 4 business days prior to the first use date. The Real Estate Office may not approve permits for an Applicant/Permittee with an outstanding balance. An approved Permit is only valid when signed by the Real Estate Office and with all pages and required attachments.

24. Permittee Affirmation and Signature. As the Applicant/Permittee for this Permit, I attest that I have read, understood and agree to be bound by the requirements herein for the use the designated School Property, if this Permit Application is approved by SFUSD.

Note: NOTE: A complete Facilities Use Permit Application — with all pages, signatures, required attachments, applicable fees, and insurance documents — must be received by the Real Estate Office before it will be considered for approval. Failure to meet application requirements may result in delay/denial of the application. An approved Permit is only valid when signed by the Real Estate Office and with all pages and required attachments. For Approved Permits: EMERGENCY NUMBER IF UNABLE TO GAIN ACCESS TO BUILDING: 415.695.5665

SFUSD Facilities Use Permit Application – rev. June 2016

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