Student Housing Contract - Summer 2009

I. TERMS AND CONDITIONS OF THE STUDENT SUMMER HOUSING CONTRACT FOR 2009

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 for the entire Summer Session (12 weeks) or the remaining portion of the summer session at the time of the initial occupancy.

1. Each student who has signed this Contract can move in on May 10 for first summer session and move in on June 21 for second summer session.
2. Student must vacate his/her room or apartment no later than August 1, 2009. For each day a Student withholds possession of room or apartment after stated vacation policy has expired or termination of Contract, the Student shall pay to University, as liquidated damages, an amount to be determined.

2) EXTENDED USE OF UNIVERSITY HOUSING:

Please refer to the Extended Use of University Housing policies located on the Residential Services website at http://housing.udayton.edu/.

3) CANCELLATIONS AND CANCELLATION FEE:

Once a Summer Housing Contract is submitted to Residential Services, a student is committed to the summer housing fee unless the contract is canceled as identified below:

1. Written documentation through Summer Cancellation Form or email (housing@notes.udayton.edu) or hard copy including student names, Student ID#, and summer assignment is required to Residential Services, 210 Gosiger Hall, no later than Monday, April 27, 2009.
2. If a contract is canceled after April 27 and before move-in, a $100.00 cancellation fee will be charged to student's account.

4) PAYMENTS:

If Student fails to make payment according to the schedule set by the University; University may withhold grade reports and all other records or information requested by Student or third parties, as well as prevent Student from registering for future semesters. If Student has already registered for the subsequent semester, his/her registration will be canceled. Failure to pay may result in 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 Student believes there is an error in his/her housing bill, or if Student needs more information regarding a housing transaction on his/her bill, the Student must notify Residential Services in writing at 300 College Park, 210 Gosiger Hall, Dayton OH 45469-0950 as soon as possible. Residential Services must hear from Student no later than 60 days after receiving the first bill on which the error or problem appeared. Student may telephone Residential Services, but doing so will not preserve 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 Student needs more information, he/she should describe the item he/she is not sure about. To avoid interest charges Student is encouraged to pay any amount in question while University investigates.

6) BOARD:

Students are not required to purchase a meal plan during Summer Session. 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. 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 Residential Services may be fined and/or reassigned to another housing assignment.
3. 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 in accordance with University policies and procedures. Student will receive appropriate notice if such action is necessary, and Student's account will be adjusted accordingly if housing costs are changed.
4. The University reserves the right to adjust Student's housing charge to reflect the number of residents in the facility.
5. The University reserves the right to require Student to move from her/his assigned facility or to charge Student additional housing charges if the Student refuses to allow another assigned Student to move into her/his assigned residence.
6. 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.
7. 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 Living on Campus Guide 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 required at the discretion of University for proper and orderly care, operation and maintenance of the premises. 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 the following residence facilities: Founders Hall, Marycrest Complex, Marianist Hall, Sophomore Garden Apartments, Stuart Complex, The Campus South, and Virginia W. Kettering Suite Complex. Student living in Junior/Senior Garden Apartments, Lawnview Apartments, and Houses, who is 21 or older, is permitted to have alcohol in his/her residence only in accordance with state law and University policy.

10) MAINTENANCE:

Student agrees that he/she is liable for full payment for any loss or damage to the room or apartment, furnishings, or public use areas provided him/her by University. Student also may be charged on a prorated basis for public area damages where responsible parties cannot be identified. The University reserves the right to charge all students on the floor where damage occurs in a common area that cannot be traced to a specific person, group, or incident. Student may not remove University property from rooms or apartments, 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. University does not carry insurance covering any such loss and assumes no responsibility for the payment of any such loss. Student is encouraged to keep his/her room and/or apartment 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 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 University shall not be liable for failure to make any such repairs, including computers and other similar technology.

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 to make repairs, alterations and improvements to the premises and building or 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 shall not be present 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 or apartment 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 intentional acts and/or gross negligence.

13) DESTRUCTION OF PREMISES:

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

14) DEFAULT:

Student agrees that living in the residence hall is a privilege, not a right, and 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 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, University shall have the right to enter and take possession of the premises, and Student agrees to deliver same without process of law; and this Contract, at the option of University, shall terminate, but the obligation of Student to pay amounts required by this Contract shall remain in full force and effect and Student shall be liable for any loss or damage to University by reason of 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 University in enforcing this agreement, including a reasonable attorney's fee. This agreement and all rights of the parties thereunder shall be governed by the laws of the State of Ohio. All amounts due under this Contract, including any damages for its breach, shall be paid in Montgomery County, Ohio. Any action to enforce the obligations contained within this agreement may be brought in Montgomery County, Ohio. 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, 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.

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. Student shall not assign this Contract or any interest there under, or allow anyone to come in through, with or under Student, without advance written consent of University in each and every such instance.
2. For violation of University student housing policies and regulations, Student understands that the authorities of University may terminate Student's residence in University student housing and, if appropriate, file a complaint with the Office of Community Standards and Civility against Student, which, if proved, may result in sanctions as provided for in the Judicial System of University.
3. University may increase the fee for room and board by formal action of the 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 Services.

18) AIR CONDITIONERS:

Residence Halls:

With the exception of Marycrest Hall, Marianist Hall and Virginia Kettering Suites, traditional Residence Halls are not air-conditioned except for a limited number of rooms. If medical need warrants air conditioning in a Residence Hall, Student must submit the request for accommodation to the Residential Services Office no later than April 13 before the upcoming Summer Session. No student-purchased air conditioner can be installed in Residence Halls.

Student may provide their own air conditioner in houses, but they 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. Exceptions are fans and hair dryers.
2. Only those refrigerators approved by Residential Services are permitted in housing. All housing facilities include University refrigerators.
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:

Each Student is furnished with a bed, desk, and desk chair. Lofts may not be constructed and installed in University housing.

The use of cement blocks to raise beds is prohibited.

Student must provide her/his own phone, bed linens, desk lamps, towels, washcloths, blankets and pillows, toiletries and eating utensils.

Student is discouraged from bringing any additional furniture.

Founders Hall and Stuart Hall rooms are furnished with a 2.5 cubic foot refrigerator.

Marianist Hall and Marcyrest Hall rooms are furnished with a micro-fridge.

Virginia W. Kettering suites are additionally furnished with appropriate living room furniture, one phone, and a 2.7 cubic foot refrigerator.

These facilities are additionally furnished with appropriate living room furniture, one phone, stove, refrigerator, table, and chairs.

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:

Guests must be registered at the Main Desk in all residence halls, Virginia W. Kettering, The Campus South, Garden Apartments, and Lawnview Apartments. 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 at the time of departure, will result in requiring a lock change at Student's expense. Also, not returning keys may result in Student's account being charged for housing costs past Student's departure date.
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.

24) MOTORCYCLES:

Motorcycles or any other gasoline-powered engines constitute a fire hazard and are prohibited in University residences.

25) NOISE:

Noise level must not exceed accepted standards. Please see regulations regarding noise and quiet hours in the Living on Campus Guide.

26) PETS:

Pets are prohibited on University housing premises. Pets may not be kept inside or outside of University housing. 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) 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 or with Ohio Law.

28) SMOKING:

All traditional residence halls: Founders Hall, Marycrest Complex, Marianist Hall, and Stuart Complex are smoke-free facilities.

29) 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.

30) WATERBEDS:

Waterbeds are not permitted in any University residence.

31) GOVERNING LAW:

The laws of the State of Ohio govern this Contract.

II. SPECIAL ADDENDUM FOR RESIDENTS IN HOUSES LISTED IN PARAGRAPH 1

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 2007 Summer Residential Living Contract as stated on the Residential Services website. This Special Addendum applies to all Students living in University houses on Irving Avenue (apartment buildings are not included), University houses at 214 and 220 Lawnview Avenue and University houses at 132, 135, 136, 139 and 143 Evanston Avenue, 922 and 916 Alberta Street, 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 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. in the morning. For activities occurring during the daytime hours, trash will be picked up by 5:00 p.m.
4. 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 fail to keep the property in a well kept manner. Warning(s) prior to relocation or revocation may not necessarily be given to residents.