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

December 6, 2022

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). Please visit the Forms page to download.