LOS GATOS COMMUNITY AQUATICS CENTER POOL RENTAL APPLICATION

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1 LOS GATOS COMMUNITY AQUATICS CENTER POOL RENTAL APPLICATION This application form and all other required documentation must be completed at least 10 days prior to use of the Los Gatos Community Aquatics Center. For any questions please contact Rigo Amador, Aquatics Coordinator at or CONTACT INFORMATION Name of Organization: Purpose: Contact Person: Street Address: City: Zip: Work Phone: Cell Phone: Alt. Phone: Website: EVENT INFORMATION Rental Dates: Day(s): Time of Event(s): Set up: Clean-up: Total Hours Rented Per Event/Day: Attendance (Swimmers): (Non-Swimmers): Event Type: Special Requirements/Type of Set-Up Needed/Comments: INSURANCE DOCUMENTATION Insurance Broker: Policy Number: Certificate of Liability Submitted: Date of Exp. Letter of Endorsement Submitted: RENTAL FEES Rental Fee: $33 per hour per side (2-hour minimum. Based on availability and subject to change) Lifeguard Fee: $25 per hour (minimum 2 lifeguards per use. Additional lifeguards may be required.) Lifeguards: Rates will be billed on a onetime event or monthly schedule based on request. First month is required in advance, fee is calculated on requested times listed on this rental agreement. Subsequent monthly Invoices will be based on the past months use. Year-end month, which was submitted up front, may be subject to an additional charge or refund based on the last months rental use and lifeguard hours. Monthly payments are due within 10 days of invoice date. Cancellation Policy: Cancellation of reservations must be received in writing not less than seven calendar days prior to use in order not be charged for previously reserved time. An approved Facility Use Agreement may be revoked if Los Gatos High School requires the facility. Every effort will be made to avoid changes.

2 GUIDELINES FOR FACILITY USE Minimum reservation of two hours is required for facility use, including a minimum two-hour lifeguard fee. Lifeguards are required for any pool use If use exceeds hours listed application form, then fee is charged at 1.5 times the rate The priority use of facilities shall remain the activities, events and use by LGSUHSD staff & students for education and school sponsored activities and events. This does include changes in use schedules caused by items outside of LGSUSHD control. LGS Recreation will notify applicant as soon as a required change is discovered and will attempt to accommodate replacement facility use at another time or date. Rentals will be cancelled for inclement weather if, at the sole discretion of the Aquatics Coordinator/Head Lifeguard, it is raining hard enough to impact the ability of the guards to see the bottom of the pool or if lightning is continually striking in the area. No refunds are issued if, on the day of the event, the Applicant decides to cancel early if these circumstances do not apply; however, each rental will be reviewed on an individual basis. All rules and regulations listed at the pool must be followed. Permit holder is responsible for the behavior of any swimmers and guests. Smoking is not permitted in or near any LGUHSD or LGS Recreation facilities, including parking and exit areas. No alcohol allowed on the premises Glass containers of any type are strictly prohibited No running on swimming pool grounds No throwing of any objects on pool grounds or in the water No abusive behavior or language OPENING/CLOSING OF FACILITY Lifeguard will open pool deck 15 minutes before scheduled rental set-up time. Applicants are responsible for clean-up after their event/class, including stacking of tables and chairs, and removing all decorations, special preparations, and personal items. Any desired decorating, or changes to the facilities, must be discussed with LGS Recreation at the time of application. Applicants must include set-up and clean-up time in the scheduled hours of use. Applicants must assist lifeguards in removal and installation of lane lines if requested as part of their use. The facility is to be in the condition and configuration as it was prior to your event. Questions or concerns regarding your Agreement should be directed to the Aquatics Coordinator.

3 RENTAL AGREEMENT TERMS This Rental Agreement is valid at the time of completion through December 31 st of An Annual Rental Agreement is required for ongoing usage of the facility. Annual Rental Agreements will be available in November for the following year. If a Rental Agreement is not submitted or completed with all proper documentation and the first month s payment, the applicant holder and organization is subject to losing their rental time. Acceptable payment methods include Visa, MasterCard, American Express or Discover Card and/or Check. All checks made payable to LGS Recreation. Any refunds are returned within forty-five days by LGS Recreation If a reservation is cancelled at least one week ( ed) prior to the scheduled event, the rental fees and lifeguard fees will not be included on the monthly billing. If the reservation is a one-day event and we are notified within 7 days, you will receive a full refund less a $25 cancellation fee. Payment must be made within 10 days of your monthly invoice and mailed/drop off to LGS Recreation, 123 E. Main Street, Los Gatos LGS RECREATION CONTACTS Applicants should contact Rigo Amador at (408) , ramador@lgsrecreation.org or visit 123 E. Main St., Los Gatos during normal business hours to verify availability. LGS Recreation Los Gatos Community Aquatics Center 123 E Main Street Los Gatos High School Los Gatos, CA High School Ct. Office: Los Gatos, CA Pool Office: ext. 292 INSURANCE Commercial General Liability-All renters will obtain its own insurance coverage and have the minimum amounts listed ($1,000,000). A Certificate of Insurance with LGS Recreation and LGSUHSD added as additional insured for primary and noncontributory limits. A copy of the Additional Insured policy or Endorsement letter must be included with the Certificate of Insurance. The Renter understands that the required Certificate of Liability Insurance with Endorsement must be submitted and approved by LGS Recreation prior to commencing instruction. It is understood that the Renter is a separate entity from the LGS Recreation and LGUHSD and the Renter or its organization is afforded no coverage under the lessee s policy. LGS Recreation and LGUHSD shall be an additional insured on all Renters policies, and Renters insurance is to be primary and any insurance maintained by LGS Recreation and LGUHSD, its officers, officials, employees, or volunteers shall be in excess of the Renters insurance and shall not contribute to such coverage(s).

4 Workers Compensation- Renter understands the Agency does not have Workers Compensation or Unemployment Insurance for persons performing services as a Renter, or for Renters employees or subcontractors. Furthermore, should you as a Renter employ any party or person in connection with Renters operations under this contract, Renter will obtain Worker s Compensation Insurance and will provide the LGS Recreation with proof thereof. INDEMNITY/HOLD HARMLESS The Undersigned does hereby WAIVE, RELEASE AND DISCHARGE the Los Gatos-Saratoga Community Education and Recreation, Los Gatos-Saratoga Union High School District, its officers, agents and employees (hereinafter referred to collectively as "LGS Recreation and LGSUHSD" from any and all claims for damages, personal injury, property damage, or wrongful death occurring or arising out of the event or activity described above. This release is intended to discharge, in advance, LGS Recreation and LGSUHSD from any and all liability arising out of the above event or activity even though that liability may arise out of negligence or carelessness on the part of LGS Recreation and LGSUHSD. It is recognized that there are certain risks inherent in the activity the Undersigned is participating in. Nevertheless, the Undersigned voluntarily agrees to ASSUME ANY AND ALL RISKS of injury or death from whatever cause inherent in or arising from participation in this event or activity whether such risks are known or unknown, and to release, discharge, hold harmless and INDEMNIFY LGS Recreation and LGSUHSD for any and all damages, claims, causes of action, losses, liability, judgments, costs, costs of collection, and attorney's fees arising out of or related to the above described event or activity. INDEMNIFICATION: To the furthest extent permitted by California law, Applicant shall indemnify, defend with legal counsel reasonably acceptable to the District, keep and hold harmless the District, its trustees, employees and agents, in both individual and official capacities ( Indemnitees ), against all suits, claims, damages, losses, and expenses, including but not limited to attorney s fees, caused by, arising out of, resulting from, or incidental to, the facility use or related activities by Applicant including, without limitation, any such suit, claim, damage, loss, or expense attributable to, without limitation, bodily injury, sickness, disease, death, alleged patent violation or copyright infringement, or to injury to or destruction of tangible property (including damage to the Work itself) including the loss of use resulting therefrom, except to the extent caused by the sole negligence, active negligence, or willful misconduct of the Indemnitees, and/or to any extent that would render these provisions void or unenforceable. LGSUHSD may engage other Applicants & use adjacent facilities, including prior to and after this Applicant s use. This Applicant is solely responsible for the timely completion of this Applicants activities and events including clean up & returning the space to its condition, prior to this Applicants use. The priority use of facilities shall remain the activities, events & use by LGSUHSD staff & students for education and school sponsored activities and events. This does include changes in use schedules caused by items outside LGSUHSD control. LGSUHSD will notify Applicant as soon as a required change is discovered and will attempt to accommodate replacement facility use at another time or date. This Applicant is solely responsible for compliance with the LGSUHSD CEQA requirements, policies & use restrictions, including completing all field or outdoor use no later than 9:00pm on weekdays, 5:00pm on weekends and holidays. Applicant certifies that all LGSUHSD property shall be managed by Applicant, protected & used only for the purpose the facility or property was intended. Applicant certifies that no LGSUHSD property, fields or buildings will be used for the commission of any unlawful act or activity which uses or promotes the use of alcoholic beverages, tobacco products, and controlled substances or be allowed in or on any LGSUHSD property, fields or buildings. This Applicant agrees to comply with all LGSUHSD Policies, Regulations, and Facility Use Terms & Conditions and the Education Code of the State of California. Applicant agrees that LGSUHSD can terminate all facility use for this Applicant should any of their activities, events or related actions violate any of the LGSUHSD Policies, Regulations, and Facility Use Terms & Conditions and the Education Code of the State of California in any manner. Termination of facility use for any reason may result in rejection of future use Applications, regardless of

5 prioritization. There are no fee refunds for termination of facility use. Applicant s use of any facility is limited to the duration specified in the final accepted Application and for the specific dates, times & hours defined by LGSUHSD. Additional use by Applicant without LGSUHSD approval will result in terminations of current & future use. Applicant s failure to provide complete payment, no less than 14 days prior to initial use, shall result in termination of all planned & or schedule use for Applicant. ACKNOWLEDGEMENT OF RENTAL AGREEMENT By signing this agreement, I acknowledge that I have received, reviewed and understand the rules and regulations, Indemnity Waiver and Insurance requirements for the rental of the Los Gatos Community Aquatics Center and I/we agree to abide by the rules & regulations and failure to observe the rules and regulations will result in the forfeiture of use and that LGS Recreation has the right to terminate my agreement at any time. Rigo Amador Todd Badger Nancy Rollett Aquatics Coordinator Interim Recreation Manager Executive Director Signature Signature Signature Date Date Date Applicant Signature Date

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