Student Housing Contract - 2009-2010

I.TERMS AND CONDITIONS OF THE STUDENT HOUSING CONTRACT FOR THE 2009-2010 ACADEMIC YEAR

The following Terms and Conditions are included as a part of the Contract between the University of Dayton (UNIVERSITY) and a Student (Student) resident of University housing. The Student Housing Contract will be referred to as Contract throughout these Terms and Conditions.

1)TERM:

This Contract is enforceable once the Student electronically signs the contract and throughout the academic year that the Student takes occupancy of the residence. It is not a one-semester contract and cannot be transferred or assigned by the Student.

1. All University undergraduate housing facilities are closed during Semester and Spring Breaks.
2. Each student who has signed this Contract will be responsible for knowing and understanding the exact dates and times for move-in and move-out for Fall 2009 semester and Spring 2010 semester via the Residence Education - Assignments website.
3. Student must vacate his/her room, suite, quad, apartment, or house within 6 hours after his/her last examination for that semester, except if Student's last examination is the final examination given for the semester, in which case, Student must vacate by the closing date and time noted on the Residence Education - Assignments website. In addition, graduating seniors may remain as occupants for 24 hours after graduation. For each hour a Student withholds possession of room, suite, quad, apartment, or house after stated break and/or closing times and dates or termination of Contract, the University reserves the right to collect an amount to be determined as liquidated damages. Additionally, Student refusing to leave premises will be removed and is subject to disciplinary action.

2) EXTENDED USE OF UNIVERSITY HOUSING:

Please refer to the "Extended Stay/Early Arrival" policies located on the Residence Education - Assignments website at http://housing.udayton.edu.

3) CANCELLATIONS AND CANCELLATION FEE:

This Contract cannot be canceled after the Student has electronically signed said Contract and enrolled in University classes for the Fall and Spring semesters, except in the following circumstances:

Any new incoming first-year student or new transfer student is released from her/his housing contract once notification of withdrawal has been received into the Office of Admission or Residence Education - Assignments. Cancellation charge schedule is as follows:

1. Prior to the official opening of residence halls – no charge.
2. After residence halls open – charges will be assessed as outlined in Item 14a and 14b of this contract.

New Incoming First-Year Law Student who decides not to attend the University or to not live in University Housing

Any new incoming first-year law or graduate student is released from her/his housing Contract once notification has been received into the Office of Law Admission or Graduate School or Residence Education - Assignments. Cancellation charge schedule is as follows:

1. No charge within the first three business days after housing assignment acceptance.
2. $500 cancellation charge after three business days of assignment acceptance and before move-in.
3. After move-in, charges will be assessed as outlined in Items 14a and 14b of this Contract.

Registered Student Wanting to Cancel Contract to Commute from Parent’s Home or to Live In Private Landlord Housing

1. As a result of the University's first- and second-year housing requirement (see Item 15a of this Contract), any first- or second-year registered Student will be released from housing Contract only to commute from a parent's permanent residence within 40 miles of University. A completed notarized form found at http://housing.udayton.edu/current/forms/commuter_info.html is required from first- and second-year Students requesting to commute from a parent's permanent residence. Approval to commute will not be granted until completed documentation has been received in Residence Education - Assignments.
2. Any junior or senior registered student may request release from her/his housing Contract.

A Fall semester registered Student will be released from her/his housing Contract per receipt in Residence Education - Assignments of written documentation ( http://housing.udayton.edu/current/forms/cancel_info.html) requesting release from housing Contract, and this Student will be charged according to the following release fee schedule

1. 0% of semester charge if requested within three business days of housing assignment acceptance.
2. 20% of semester charge if requested after three business days of housing assignment acceptance and by May 15.
3. 40% of semester charge if requested between May 15 and July 1.
4. 60% of semester charge if requested between July 1 and Fall semester move-in date.
5. 75% of semester charge if requested during the first two weeks of Fall semester.
6. 75% of semester charge plus $250 if requested after second week of Fall semester.

A Spring semester registered Student will be released from his/her housing Contract per receipt in Residence Education - Assignments of written documentation ( http://housing.udayton.edu/current/forms/cancel_info.html) requesting release from housing Contract, and this Student will be charged according to the following cancellation fee schedule:

1. 20% of semester charge if requested by December 1.
2. 40% of semester charge if requested between December 1 and Spring Semester move-in date.
3. 75% of semester charge if requested during the first two weeks of Spring Semester.
4. 75% of semester charge plus $250 if requested after second week of Spring Semester.

Student who transfers, graduates, or withdraws from the University

Any Fall semester Student will be released from her/his housing Contract per receipt in Residence Education - Assignments of written documentation ( http://housing.udayton.edu/current/forms/cancel_info.html) requesting cancellation of housing Contract and stating reason for not returning to the University. This Student will be charged $250 if documentation is received after June 1.

Any Spring semester Student will be released from his/her housing Contract per receipt in Residence Education - Assignments of written documentation ( http://housing.udayton.edu/current/forms/cancel_info.html) requesting cancellation of housing Contract and stating reason for not returning to the University for the Spring semester. This Student will be charged $250 if documentation is received after Spring semester move-in date and before Student moves into UD residence.

If a Student withdraws from classes after moving into University housing, charges will be assessed as outlined in Item 14a and 14b of this Contract.

Student who participates in a co-op, study-abroad or internship program for a semester

Any Student who participates in a co-op, study-abroad or internship program outside a 40-mile radius of University during Fall semester will be released from his/her housing Contract per receipt in Residence Education - Assignments of written documentation ( http://housing.udayton.edu/current/forms/cancel_info.html) requesting release from housing Contract as a result of co-op or internship work or study-abroad semester. Student will be charged $250 if documentation is received after June 1.

Any student who participates in a co-op, study-abroad, or internship program outside a 40-mile radius of University during Spring semester will be released from his/her housing Contract per receipt in Residence Education - Assignments of written documentation ( http://housing.udayton.edu/current/forms/cancel_info.html) requesting release from housing Contract as a result of co-op or internship work or study-abroad semester. Student will be charged $250 if documentation is received after Spring semester move-in date and before Student moves into UD residence.

If Student receives a co-op, internship or study-abroad term after moving into University housing, charges will be assessed as outlined in Item 14a and 14b of this contract.

If Student withdraws from classes after moving into University housing, charges will be assessed as outlined in Item 14a and 14b of this Contract.

Exceptions to the above-stated cancellation refund schedules may be made to comply with federal financial aid programs or for medical withdrawals.

4) PAYMENTS:
If the Student fails to make payment according to the schedule set by the University, the University may withhold grade reports and all other records or information requested by the Student or third parties, as well as prevent the Student from registering for future semesters. If the Student has already registered for the subsequent semester, her/his registration will be canceled. Failure to pay may result in the Student being reported to a credit service. Student must pay the balance of the account in full upon request. Student agrees to pay costs of collecting the account including reasonable attorney's fees and court costs. Student further agrees that the venue for any action to collect the account will be Montgomery County, Ohio.

5) STUDENT BILLING RIGHTS:
Student should keep this notice for future use. If the Student believes there is an error in her/his housing bill, or if the Student needs more information regarding a housing transaction on his/her bill, the Student must notify Residence Education - Assignments in writing at 300 College Park, 210 Gosiger Hall, Dayton OH 45469-0950 as soon as possible. Residence Education - Assignments must hear from the Student no later than 60 days after receiving the first bill on which the error or problem appeared. Student may telephone Residence Education - Assignments, but doing so will not preserve the Student's rights. In the letter, Student should provide the following information: Student name and account number, the dollar amount of the suspected error, description of the error, and explain, if possible, how this error might have occurred. If the Student needs more information, he/she must identify the section of the Contract that they do not understand. To avoid interest charges the Student is encouraged to pay any amount in question while the University investigates.

6) BOARD:
All Students residing in Marycrest Hall, Stuart Complex, Founders Hall, Marianist Hall, and Virginia W. Kettering Hall are required to purchase a meal plan. For additional information concerning meal plans and Flyer Express, please access web site http://www.udayton.edu/~dining or call Dining Services at 1-800-259-8864 or 1-937-229-2441.

7) ASSIGNMENTS:
Student understands this agreement is not for a specific residence hall, room, apartment or house. The University has the right to alter housing assignments at any time.

1. Room assignments are made without regard to race, color, national origin, ancestry, creed, religion or veteran status.
2. Room assignments are made by age-appropriate peer groups.
3. The University does not assign opposite gender Students together.
4. No room or roommate changes will be made during the first two weeks of each semester.
5. Student wishing to make an assignment change is required to follow a formal Assignment Change Process. Any Student involved in assignment moves that are not authorized by Residence Education - Assignments may be fined and/or reassigned to another housing assignment. Information on how to make an assignment change can be found by calling Residence Education - Assignments at 937-229-3317.
6. The University reserves the right to change room or facility assignment, to assign roommates, to consolidate vacancies, and/or to require Student to move to different accommodations as may be deemed necessary at the discretion of the University. Student will receive appropriate notice if such action is necessary, and Student's account will be adjusted accordingly if housing costs are changed.
7. The University reserves the right to adjust Student's housing charge to reflect the number of residents in the room/suite/quad/apartment/house.
8. If Student refuses to allow another assigned Student to move into her/his assigned residence, Student may be required to move and/or charged additional housing charges, and is subject to disciplinary action.
9. Every consideration will be given to assignment and roommate requests, but the University cannot guarantee to honor every request. Failure to honor assignment preferences will not void this Contract.
10. Sophomore Student residing or applying for retention/filling a vacancy in junior/senior facilities may be subject to specific criteria including, but not limited to, no alcohol violations and no major discipline violations.

8) STUDENT CONDUCT:
Student agrees to abide by the laws of the State of Ohio; the ordinances of the City of Dayton; the Rules, Policies and the Disciplinary Code of University. Student is responsible for the policies and procedures as set forth in the University of Dayton Standards of Behavior and the University Student Handbook, including University's check-in and checkout procedures and policies. University shall have the right from time to time to change and to establish such additional rules, regulations, policies, codes, or procedures as may be deemed necessary at the discretion of the University. Failure of Student, or his/her agents, to comply with and observe any such rules, regulations, policies, codes or procedures shall constitute a breach of this Contract. For the health and safety of all students, laws and rules prohibit the possession or use of illegal drugs, and any item that may be construed as a weapon in University student housing.

9) ALCOHOLIC BEVERAGES:
Alcohol is prohibited in Founders Hall, Marycrest Complex, Marianist Hall, Sophomore Garden Apartments, Stuart Complex, The Campus South, and Virginia W. Kettering Suites regardless of the age of the student residing in these facilities. Students living in Junior/Senior Garden Apartments, Lawnview Apartments, ArtStreet, and Houses, who are 21 or older, are permitted to have alcohol in the privacy of their apartment/house only in accordance with city/state law and University policy.

10) MAINTENANCE:
Student agrees that she/he is responsible for full payment for any loss or damage to the room, suite, quad, apartment, house, furnishings, or public use areas provided him/her by the University. The University reserves the right to charge all students of a building, wing, or floor where vandalism occurs in a common area that cannot be traced to a specific person, group, or incident. Community damages are billed monthly to student accounts. Student may not remove University property from rooms, suites, quads, apartments, houses, lounges, hallways, etc. Student agrees to assume and bear the risk of loss with regard to all personal property kept or maintained in all University housing facilities. The University does not carry insurance covering any such loss or damage and assumes no responsibility for the payment of any such loss or damage. Student is encouraged to keep her/his room, suite, quad, apartment, or house locked and his/her valuables secured at all times. Student is responsible for all his/her activities and his/her visitors' activities taking place on the premises. Student shall take good care of the premises and the appurtenances, equipment and fixtures therein, and shall keep them in good sanitary condition, and shall return the same at the end or other termination of this Contract in as good a condition as when received, ordinary wear excepted. Student shall use, operate and maintain the equipment furnished by the University in accordance with the directions of the manufacturer and such additional instructions as University may give. No alterations or repairs are to be made to University housing by Student or parent. University shall maintain and keep in good condition the roof, walls, structural parts, main hallways, elevators and all other commonly used parts and portions of the building, but the University shall not be responsible for failure to make any such repairs, including computers and other similar technology. University shall not be responsible for loss or damage to any student-owned property as a result of facility condition (i.e., water damage to a Student's computer as a result of a room leak).

11) RIGHT TO ENTER, INSPECT AND REPAIR:
University employees shall have the right to enter and inspect the premises during reasonable hours, and upon reasonable notice for health and safety, to make repairs, alterations and improvements to the premises and building as the University may deem necessary. Any repairs, alterations and improvements undertaken by University shall be executed with reasonable diligence and all portions of the premises and building affected thereby shall be restored to as good a condition as before the work. University shall not be liable for inconvenience caused to Student by any such work, nor shall any entry or activity incident thereto have any effect upon this Contract or upon the obligations of Student there under. If entry to the premises shall be necessary on account of any emergency permissible under the terms of this Contract and Student is not present or otherwise able to open the premises, University employees may enter by use of a master key or may forcibly enter, and University shall incur no liability therefore, provided reasonable care is given to Student's property, and such entry shall have no effect on the Contract. University officials may enter a room, suite, quad, apartment, or house to investigate a potential violation of University rules or regulations, when reasonably necessary, in accordance with University policies.

12) LIMITATION OF LIABILITY:
Student hereby agrees to indemnify, hold harmless, discharge, and not sue the University, its employees and/or agents for any and all damages, claims, or causes of action of any kind arising out of or in connection with the Student's use, occupation or other activity resulting from Student entering this Contract except where such injury is caused by the University's acts or omissions. The University is not responsible for loss or damage to any student's personal property.

13) DESTRUCTION OF PREMISES:
If the assigned room, suite, quad, apartment, or house is destroyed by casualty so that it may not be repaired within thirty (30) days, the University reserves the right to cancel this Contract by notice to the Student. In the event a room, suite, quad, apartment or house becomes uninhabitable for periods of less than thirty (30) days, the University may either cancel this Contract by providing notice, or, at its option, may elect to provide prorated credit to the Student for charges incurred by the Student pursuant to this agreement. In no event will the University's liability for inhabitability or destruction of the premises exceed the amount prepaid by the Student. If the University cancels this Contract pursuant to this paragraph, the Student will receive a prorated refund on amounts prepaid by the Student.

14) DEFAULT:
Student agrees that living in University housing is a privilege, not a right, and the University reserves the right to revoke the privilege for Student's failure to comply with the terms of this Contract, or to remain a Student in good standing. If the Student shall vacate or abandon the premises, or if default be made in the payments, or for any breach of any covenant or agreement herein contained, the University shall have the right to enter and take possession of the premises, and the Student agrees to deliver same without process of law; and this Contract, at the option of the University, shall terminate, but the obligation of the Student to pay amounts required by this Contract shall remain in full force and effect and the Student shall be responsible for any loss or damage to the University by reason of the Student's failure to comply with the terms hereof. Student agrees, as part of this Contract, to be responsible for all costs and expenses incurred by the University in enforcing this agreement, including a reasonable attorney's fee. Except where the student shall vacate or abandon the premises or lose possession as a result of breach of any covenant or agreement herein contained, the University may or may not, in its sole discretion, elect to accept liquidated damages, the parties agreeing that in some circumstances actual damages are difficult, if not impossible, to ascertain.

1. In addition, if Student has moved into University housing and is withdrawing from University classes, and Student properly checks out of University Housing, the following fee will be assessed to Student’s account:
1. On or before the first day of classes in the Fall Semester, $250 cancellation fee.
2. During first week of classes, 20% of the entire semester room fee.
3. During second week of classes, 40% of the entire semester room fee.
4. During third week of classes, 60% of the entire semester room fee.
5. During fourth week of classes, 75% of the entire semester room fee.
6. During and after fifth week of classes, 100% of the entire semester room fee.
2. The parties acknowledge and agree that the above stated liquidated damage amounts may be in addition to any attorney's fees, expenses, and costs. If liquidated damages are accepted under certain mutually agreed upon conditions, any deviation from said conditions will be cause for this Contract to be retroactively reinstated and all costs associated with the reinstatement will be billed to Student accordingly.

15) OTHER TERMS AND REQUIREMENTS:

1. a. Each first- and second-year student (classified by a student's high school graduation year, not by the number of credit hours) under 21 years of age, unmarried, and not living at parent's permanent residence within 40 miles of the University of Dayton is required to live in University housing. A completed notarized statement found at http://housing.udayton.edu/current/forms/commuter_info.html is required from first- and second-year students requesting to commute from a parent's permanent residence.
2. Student shall not assign this Contract or any interest there under, or allow anyone to come in through, with or under the Student.
3. For violation of University student housing policies and regulations, the Student understands that the authorities of the University may terminate the Student's residence in University student housing and, if appropriate, file a complaint with the Office of Community Standards and Civility against the Student, which, if proved, may result in sanctions as provided for in the student judicial system of the University.
4. University may increase the fee for room and board by formal action of the University Of Dayton Board Of Trustees.

16) BUSINESS OPERATIONS:
Student may not conduct any private business operation from a University residence or use University telephone lines or computer services for such activity.

17) CABLE SERVICES:
Student cannot install or cause to be installed any satellite dishes, antennas, or other cable hookup without prior authorization from Residential Education.

18) AIR CONDITIONERS:

Residence Halls:

Stuart Complex and Founders Hall are not air-conditioned. If medical need warrants air conditioning in first-year housing, the Student must submit the request for air conditioning to Residence Education - Assignments not later than May 15 before the upcoming academic year. Go to http://housing.udayton.edu/common/medical_requests_asthma_allergy.html for instructions on how to submit medical-need air conditioning requests. Authorized University personnel must install all residence hall air conditioners. No student-purchased air conditioner may be installed in any residence hall. Student who provides adequate medical documentation for air conditioning by May 15 before her/his first year is guaranteed air conditioning for the first year.

Houses:

Air conditioning is not guaranteed for students with medical need residing in UD houses. Student may provide their own air conditioner in houses, but it must be installed in a correct manner. Student will be assessed a fine for damage incurred to a University House that results from an improperly installed air conditioner. Air conditioners that cause electrical problems such as blowing circuits may result in a charge to the Student's account to upgrade electrical circuitry and/or removal of the air conditioner.

19) ELECTRICAL APPLIANCES:

1. Heating, cooling and cooking appliances are prohibited in student residence hall rooms due to circuit breaker protection. Fans, hair dryers, computers, televisions, and lmimited music equipment are allowed.
2. All housing facilities include University refrigerators or micro-fridges.
3. The University reserves the right to require the removal of unauthorized or dangerous electrical appliances. Violation of this rule may result in a fine.

20) FIRE EQUIPMENT:

Tampering with fire safety equipment is prohibited in accordance with Ohio Revised Code Section 2909.07. Unauthorized use is malicious destruction of property and is punishable by a $2,500.00 fine or six (6) months in jail or both. Tampering with fire safety equipment or smoke detectors will result in disciplinary action that may include suspension from the University.

21) FURNISHINGS:

All University Housing:

1. Each Student is furnished with a bed, desk, and desk chair. Lofts may not be constructed and installed in University housing.
2. The use of cement blocks to raise beds is prohibited.
3. Student must provide his/her own phone, bed linens, desk lamps, towels, washcloths, blankets and pillows, toiletries and eating utensils.
4. Students are discouraged from bringing any additional furniture as space in all housing facilities is somewhat limited.

Residence Halls:

1. All Residence Hall rooms are furnished with a refrigerator or micro-fridge.

Suites:

1. Suites are additionally furnished with appropriate living room furniture and a refrigerator.

Apartments and Houses:

1. These facilities are additionally furnished with appropriate living room furniture, stove, refrigerator, dining table, and chairs.
2. Indoor furnishings, whether University or Student-owned, are not permitted on the grounds or porches of University facilities. This is in violation of City Ordinance #23348 and is subject to a fine and/or removal of furniture at Student's expense.

22) GUEST CLAUSE:

Student will be responsible for the payment of all charges related to the presence of her/his guests in her/his residence facility and for insuring that her/his guests comply with residence rules and regulations. Refer to the Guest Policy in the University of Dayton Student Handbook.

23) KEYS:

1. Keys may not be duplicated or given to any person. Lost keys, or keys not returned to the designated key-return location (i.e., residence hall/apartment complex main desk, College Park Center for Garden Apartments and Houses) at the time of departure, will result in a lock change at Student's expense. Also, failure to return keys to the designated key-return location by the specified move-out deadline will result in additional charges to the Student's account.
2. Student is required to pick up her/his assigned residence key within 48 hours of her/his move-in. Failure to do so may result in a fine.
3. Student who borrows a temporary access key/card for her/his housing assignment will incur a monetary charge to the Student's account for each use.

24) MOTORCYCLES:
Motorcycles or any other gasoline-powered engines constitute a fire hazard and are prohibited in all University facilities.

25) NOISE:
Noise level must not exceed accepted standards. Please see regulations regarding noise and quiet hours in the University of Dayton Standards of Behanior booklet.

26) PETS:
Pets are prohibited in/on University housing premises. Violation of this may result in a fine, plus cleaning charges, replacement charges for furniture and carpeting, and/or reassignment or cancellation of contract.

27) RESTRICTED AREAS:
Basements and attics are considered mechanical space and are not to be accessed by residents and/or guests.

28) POSSESSION OF DANGEROUS MATERIALS:
The use or possession of firearms, fireworks, explosives, candles, incense burners, flammable liquids, chemicals, weapons, and the like are prohibited in conformity with University Policy and/or with Ohio Law.

29) SMOKING:
In accordance with Ohio Revised Code (ORC), Chapter 3794, all University residence facilities, except University Houses, are smoke free.

30) LEARNING COMMUNITY FLOORS IN RESIDENCE HALLS:
A Student who requests a learning community floor is required to observe the character of the floor at all times. Violations may result in reassignment.

31) SWIMMING POOLS, HOT TUBS, WATERBEDS:
Swimming pools, hot tubs, waterbeds, or any other item the University deems to be unsafe or that may damage the interior or exterior of a University property are not permitted in or on any University property.

32) GOVERNING LAW:
 The laws of the State of Ohio govern this Contract.

II. SPECIAL ADDENDUM FOR RESIDENTS IN THE FOLLOWING LISTED HOUSES:

In recognition of the need for the University and its housing program to be more sensitive to community relations with our neighboring communities, this Special Addendum is added to 2009-2010 Academic Year Residential Living Contract as stated on the Residence Education - Assignments website. This Special Addendum applies to all Students living in University Houses on Irving Avenue, University Houses at 1923 Trinity, 214 and 220 Lawnview Avenue and University Houses at 132, 135, 136, 139 and 143 Evanston Avenue, and any other property that the University may deem necessary.

The terms of this Special Addendum are as follows:

1. Students residing at these addresses will be expected to assist the University in generating good community relations with our neighbors. Houses in the above-mentioned locations, along with the Students living at these locations, will be subject to a higher level of scrutiny than other University-owned and operated residential facilities.
2. Noise will be kept at respectable levels. Requests to lower noise will be adhered to immediately upon receipt of such request.
3. Trash will be removed from lawns no later than 8:00 a.m. For activities occurring during the daytime hours, trash will be picked up by 5:00 p.m.
4. Each property listed above will select a "House Representative" to attend regularly- scheduled meetings throughout the semester with the Area Coordinator of the Student Neighborhood and representatives from the Oakwood Community. Names of these representatives must be submitted to the Residence Education Neighborhood Area Coordinator via email housing@notes.udayton.edu by May 1. Failure of a house to select a "House Representative" by this time may result in the cancellation of the contracts of ALL residents of that property.
5. The University reserves the right to relocate, or revoke the Housing Contract of any and all residents of any given property who continually demonstrate behavior that is not conducive to good community relations or who fail to keep the property in a well-kept manner. Warning(s) prior to relocation or revocation may not necessarily be given to residents.
6. If living environments result in conflicts, residents will be required to complete roommate agreements by a Neighborhood Fellow or Residence Education staff member.