Use of Facilities, Indemnity, and Insurance Agreement (Ed. Code 38134(a) - Private Entities)

Applies to non-profit organizations, clubs, or associations organized to promote youth or school activities if 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. Liability insurance requirements should be in accordance with approved District requirements. If no requirements exist, suggested liability limits are 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. The District cannot compel the group to name it as an additional insured under its liability policy. 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)