UNIVERSITY HOUSING Conferences Dining Services Student Apartments & Family Housing Residence Halls RESIDENCE AND DINING CONTRACT TERMS & CONDITIONS for the 2016 2017 ACADEMIC YEAR Shasta Hall McLoughlin Hall You must read, understand, and agree to comply with the terms and conditions of the Residence and Dining Contract. Once you have submitted the Contract by clicking on YES at the end of the Contract you are responsible for all room and board cost for the full academic year as stated in the Contract. If you do not agree to the terms and conditions in the Contract, your housing application will not be processed. Make sure you have all of your questions answered before you electronically sign and submit the Contract and application forms. Remember ignorance of the law (and this Contract) is not a viable justification for failure to comply with all the terms and conditions of the Contract. Nature of the Contract 1. Contract Offer a. The delivery of this Contract by Southern Oregon University (SOU) University Housing, to the student named constitutes an offer of accommodations and services in a residence hall located at SOU in Ashland, Oregon that is owned and leased by CHF Ashland, LLC ( CHF ). b. This offer is contingent upon its acceptance and return by the response date specified, or until there is no space available within the residence halls. 2. Contract Execution a. This Contract is executed when: i. The named student signs the Contract electronically by accepting the terms and conditions. b. Additionally, the named student will sign the supplemental Terms & Conditions Acknowledgement Form. c. SOU Housing reserves the right to execute a contract with a student should the student meet the requirements of enrollment at the university. First priority for housing will be given to full time enrolled students at the university. 3. Contract Parties a. This contract is between CHF, as the owner and lessor of the residence hall to which the person signing to this contract has been assigned, Southern Oregon University (hereinafter referred to as the SOU or University ) as the property manager for the residence hall, and the person, hereinafter referred to as the Resident, whose signature appears on the Contract. This Contract is not transferable. 4. Authority of Property Manager a. CHF is the owner and lessor of the property. Southern Oregon University is the manager of the property and does so on behalf of CHF, the owner and lessor of the residence hall. By signing this Contract, the Resident acknowledges and agrees that the University has the power and authority to enforce the terms of this Contract on behalf of CHF, including the collection of rent owed to CHF as lessor by the Resident as lessee pursuant to the terms of this Contract. In addition, the Resident acknowledges and agrees that the University has the power and authority to enforce all policies referenced in this Contract, including but not limited to all University Housing policies. 5. Eligibility a. Any unmarried person or married person living away from spouse and/or children who has been admitted to or has enrolled in the University as a regular, registered student is eligible to enter into the Contract with CHF and the University. b. Exception to the regular, registered student status may be provided if in consultation with Student Financial Services and/or the Disability Resource Center it is determined that the student requires special accommodations. c. The Resident will maintain student eligibility and understands that they will vacate the residence halls within fortyeight (48) hours of a change in status to nonregistered student status. The Resident must remain eligible under all applicable SOU rules and regulations. Requests for extension must be done in writing to the University Housing Office. d. First Year Residency Requirement: All first year students who enroll at SOU (within one year of high school graduation) must live in a residence hall at SOU. Exceptions to this requirement may be requested by completing an Exemption Request. Exceptions that are generally approved are as follows: Living at home with parents or legal guardians, having a dependent that is living with you, and marriage. 6. Contract Duration a. This Contract is effective for the full academic year: Fall, Winter and Spring quarters or for such portion of the academic year remaining at the time this Contract is signed. This Contract is binding on CHF, the University, and on the Resident for the entire Term of the Contract and cannot be terminated except under conditions cited in this Contract.
b. Summer Session housing requires a separate contractual agreement and is for that session only and will result in a new room assignment 7. Service Period/Period of Occupancy a. The University agrees to furnish the Resident a space in the residence halls, hereinafter referred to as room and to grant the Resident the use of the facilities of the residence hall. The University agrees to supply a food service ID, which grants the Resident the appropriate number of meals (as determined by the Resident s Meal Plan) in the dining facility at times when classes and final exams are being held. These dates are specified: i. This Academic Year Contract will allow the Resident to reside in the residence halls for one (1) Academic Year, starting September 22, 2016, through twenty-four (24) hours after the Resident s last final, but no later than 4:00PM, Friday June 16, 2017. Seniors participating in graduation exercises may request an extension to stay. ii. Closure of Halls occurs during winter break - December 9, 2016 at 4pm through January 8, 2017. Any Resident wishing to remain in the residence halls during winter break will be assessed a fee and may be required to move to a different residence hall for the break period. iii. The Resident may stay in their assigned room during Thanksgiving and Spring breaks. Meal service will be provided during the Thanksgiving and spring break recesses with limited hours of operation. During all breaks or interim periods, all Housing policies, regulations and the student code of conduct still apply to the Resident. b. The University agrees that the Resident, at his/her own risk, may leave or store personal property in the residence hall during the Fall, Winter or Spring breaks but not during the summer period between the Spring and Fall quarters. 8. Nondiscrimination a. The University agrees to offer residence hall space to eligible students without discrimination based on race, color, creed, religion, national origin, gender, gender identity, sexual orientation, age, or disability and commits itself to promote equal opportunity for all in the University residence and dining facilities. 9. Assignments/Reassignments a. Fall term residents will choose their own room during Self-Selection. However, the University agrees to consider the information and preferences indicated in the Preferences section of the application should the resident not choose a room or cannot access Self-Selection. No guarantee of a specific assignment is offered, implied, or made hereby. b. The University agrees not to alter the Resident s assignment, once made except for disciplinary reasons, catastrophe, closing of facility, consolidation of vacancies, compliance with Americans with Disability Act law or regulations, compliance with other applicable law or regulations, unavailability of space, unpaid Housing fees, failure to be university eligible, or at the request of the Resident. c. The Resident agrees that upon acceptance to a special theme floor and/or community, he/she will participate in the program requirements or move to another room upon University request. d. University Housing seeks to efficiently and effectively utilize all available spaces in housing to accommodate the housing needs of all students. The purpose of the consolidation policy is to ensure spaces for incoming students and rectify the inequitable condition which exists when many students end up living alone (without roommates) in rooms traditionally designed as double occupancy rooms/suites. e. Only the Resident assigned to a room may reside in that room. A Resident may have overnight guests occasionally if their roommate agrees, but guests may not stay more than three consecutive nights in a row, and no more than seven days total over an entire academic quarter. f. The University has final determination in filling vacancies which occur in a double room prior to the last seven (7) days of the quarter. If a roommate should vacate, it is the responsibility of the Resident to, at or before the time of the roommate leaving, discuss with University Housing the Resident s options. It is the responsibility of the Resident to work closely with the University to resolve the vacancy situation within one (1) week. Resolution can include paying the single room rate, moving to another room or hall, or finding a new roommate. The University recognizes that sometimes a vacancy may result through no fault of the Resident, but this will not excuse the Resident from compliance with this section as determined by the University. g. The Resident understands that the University reserves the right to charge the Resident the single room rate if, in the opinion of the University, the personal behavior or attitude of the Resident interferes with or thwarts the usual roommate assignment process or if upon inspection one half of the room is not cleaned and empty for a new roommate. In this situation, in order to avoid this charge, the Resident would have to find a roommate. h. The Resident agrees to provide the University with the information and preferences requested in the Housing Application for the purpose of hall, room, and roommate assignment. i. The Resident agrees to officially check in at the assigned residence hall each quarter and to accept the assigned space. j. The Resident agrees to observe the hall/room change procedures established by the University and to have prior written approval from University Housing before making change of hall and/or room assignment. The first room change is free and for each additional room change there is a $25.00 fee for all room and hall changes. If the Resident makes an unauthorized room/hall change, the Resident will be charged an additional $150.00 improper room change fee and may be charged the room rate for both rooms. k. If the Resident does not complete the authorized room/hall change form within two (2) days of the notice of change, or does not follow the proper procedures for completing this change, the Resident will be charged $150.00 and will be charged for both rooms until the keys for the old room are turned in to University Housing. If room keys are not returned within the two (2) day period, the Resident will be charged to have the lock changed in addition to the fee for improper room/hall change. l. If a vacancy occurs in the assigned room, the remaining Resident(s) agree to accept other roommates as assigned. If occupying a double room alone, the Resident agrees that they may be expected to move to another room or accept a roommate on a forty-eight (48) hours notice or pay the single rate.
m. The Resident agrees that should he/she fail to occupy the assigned room by noon of the first class day each quarter, the Resident s assignment to a particular room (or suite) may be forfeited unless he/she has requested University Housing to retain the assignment. In such a forfeiture of assigned space, the Resident agrees to accept other available residence hall accommodations. n. In the event that the Resident is, for any reason, reassigned by the University to a room in a residence hall owned by the University and not owned by CHF, the Resident agrees that he or she will execute a new lease agreement with the University for a term no greater than that remaining on this Contract at the time the Resident is reassigned. The terms and conditions of the new lease will be materially the same as the terms and conditions of this Contract. Failure to enter into a new lease with University upon such reassignment will be deemed a violation of University policy regarding first year residency (discussed above in Section 5.d). The Resident agrees that failure to execute a new lease agreement upon reassignment may result in denial of residence hall services, in cancellation of current student enrollment, and in denial of subsequent University registration until the new lease is executed. 10. Furnishings a. The University agrees to provide the Resident with the following furniture and furnishings: one (1) bed, one (1) mattress, one (1) desk and chair, and clothing storage space. Trash and recycling baskets will be provided for each room. Curtains or blinds will be provided for room windows. 11. Services Provided a. The University agrees to provide reasonable heat, water, electricity, plumbing, and waste disposal consistent with University policies during the Term of the Contract. The University shall have the right to temporarily interrupt such utilities or services where necessary because of accident, emergency, or for repairs, alterations or improvements which is at the sole judgment of the University as deemed necessary or desirable. b. The University agrees to assist residents with cleaning services for hallways, common lounges, and common restrooms/bathrooms. Residents with their own bathroom are responsible for regular cleaning of his/her bathroom. Any additional cleaning needed due to neglect may be charged back to the residents. c. The University agrees to provide laundry machines and dryers in each residence hall. d. The Resident will not be able to claim diminution or abatement of rent or other compensations, nor shall this Contract or any of the obligations within the Contract be affected or reduced by such interruption. 12. Repairs a. The University agrees to make all repairs and perform maintenance in the residence hall and the Resident s room through its authorized personnel. Repairs will be made to the room and University furnishings upon request or in accordance with routine schedules. 13. Room Entry and Inspections a. The University affirms its respect for each Resident s right to privacy in his/her room and agrees to give reasonable notice prior to making inspections for damage and cleanliness. b. The University regards room entry for purposes of improvements, maintenance, cleaning, and recovery of unauthorized University-owned property, and fire and safety as necessary for the health and general welfare of all residents: therefore entry is agreed to and authorized by the Resident. c. The University and Resident agree that entry and search of rooms by University or law enforcement officials for purposed of discovering violations of University regulations or local, state, or federal law will be consistent with state and federal laws. d. Except as indicated in this section, the University agrees that entry without notice will be made only in emergencies to protect or ensure protection of life, limb, or property. 14. Fees and Service Charges a. The University reserves the right to change fee rates and discontinue facilities and services not expressly agreed in this Contract. 15. Liability a. The University does not assume responsibility for any Resident s or other person s loss of money or valuables or for loss of or damage to property, or injuries sustained on the premises. b. The University recommends that the Resident contact his/her local insurance carrier concerning the availability of protection against such losses or injury. Resident Obligations 16. Enrolled Status a. The Resident agrees to become and remain enrolled as determined by his/her admission classification for each quarter within the Term of this Contract and to report to University Housing any failure or inability to register for classes on or before the opening of the residence halls for occupancy each quarter. b. The University agrees that the Resident does not automatically lose eligibility for living in the residence halls when dropping to less than full-time as determined by his/her admission classification for any one quarter within the Contract. Eligibility will continue as long as the resident maintains his/her enrollment. c. The Resident agrees to vacate the assigned residence hall space and check out within forty-eight (48) hours after loss of status as an enrolled student. If the Resident fails to vacate within forty-eight (48) hours, the University may take possession of the assigned space, change the locks to the room/suite and mailbox(s), and charge all costs associated with that change to the Resident. 17. Fees and Payments a. The Resident agrees to pay Resident room and board fees for Housing accommodations and services. All payments, including any amounts ultimately owed to CHF as owner of the residence hall, will be collected by the University. Full payment for each quarter is due on the first Friday of the quarter. Minimum payment of one-third of Resident room and board fees is required on the first working day of the quarter. Any remaining balance will be assessed interest each month at nine percent per annum. All accounts receivable balances must be paid in full prior to the following quarter s registration.
b. All late payments are subject to late charges as specified in the Oregon University System Academic Year Fee Book. The University uses a centralized billing system and Resident housing charges will appear on SOU billing statements. c. The Resident agrees that failure to make payments as prescribed does not relieve the Resident of Contract obligations and understands that nonpayment may result in denial of residence hall services, in cancellation of current student enrollment, and in denial of subsequent University registration until the amounts due are paid. Delinquent accounts may be turned over to a collection agency. In such cases, the Resident will be liable for all collection fees. This includes, but is not limited to attorney fees, court costs, moving and storage costs. d. The Resident agrees that if belongings are in the room at the beginning of a new quarter and the Resident is not enrolled for that new quarter, the Resident may be evicted and charged a minimum of ten (10) days prorated room charges. e. The Resident agrees to pay the Residential Life Activity Fee assessed by the Residence Hall Association and collected with residence hall fees on behalf of the Residence Hall Association. The Resident will pay a nonrefundable Residential Life Activity Fee equal to ($40.00) per academic year. f. Any Resident enrolled and failing to check in while this Contract is in effect will continue to have the Resident room and board fees charged against his/her account. g. If the Resident is assigned a room before the quarter begins and fails to move in at the start of the Contract period, it is understood that the Resident must pay from the beginning of the Contract even though he/she is moving in late. If the resident is assigned a room before the Winter or Spring quarter begins and fails to move in at the start of the those academic quarters, it is understood that the Resident must pay from the beginning of the academic quarter for which the Resident was assigned the room even though he/she is moving in late. h. The Resident understands that the Resident will not receive room refunds for absences from the University as long as the Resident remains enrolled in school and/or the Resident s belongings remain in the room. i. If the Resident has any questions about room and board payments, contact the University Housing Office, 1250 Siskiyou Boulevard, Ashland, Oregon 97520, 541-552-6371 j. Room and Board fees are approved by the Oregon University System and published in the Oregon University System Academic Year Fee Book. k. Academic year room and board fees are subject to change by action of the Oregon University System. l. For Rates please review on the Southern Oregon University Housing webpage. http://www.sou.edu/housing 18. Food Service a. The Resident agrees that the meal options choice is binding for the entire Term of the Contract (academic year or the remainder thereof) EXCEPT THAT: i. The Resident may choose to increase the meal plan at any time during the year. The Resident may choose to decrease his/her meal plan only within the first five (5) business days of each term. The terms increase and decrease pertain to number of meals in the dining facility. ii. All First Year Residents must have a Red or Black meal plan and may NOT decrease their plan during the academic year. b. Weekly meal plans reset each Sunday and any uneaten meals from the previous week will be forfeited. Raider Cash will roll over from quarter to quarter, but are forfeited at the end of Spring quarter. c. Meals from an individual resident s meal plan may not be transferred to another individual resident s meal plan. Raider Cash is not transferable to another person. d. The Resident is required to select a meal plan as cooking in the residence halls is limited. e. The University will provide dining services from the first day of the quarter through lunch of the last day of the quarter, except for outages of service and/or during University recesses (which include Thanksgiving break, winter break, and spring break) when no meals will be served in the dining halls. The Resident understands that highly specialized diets for reasons such as health or religious preference may not be available. The payment for the Resident meal plan is included in room and board payment. f. The Resident understands that meal expenditures can vary significantly between individuals. The Resident is responsible for monitoring expenditures to ensure that all are in compliance with the meal plan use stipulations of the Contract. g. The Resident agrees that if they move out of the residence halls, the value of unused meal and Raider Cash will be forfeited. h. The Resident agrees that after the first ten (10) days of the quarter, if the Resident moves out of the residence halls and/or withdraws from University, the value of the unused meal plan and Raider Cash will be forfeited. 19. Care of the Facilities a. The Resident agrees to be directly and financially responsible for keeping the assigned room and its furnishings clean and free from damage (with reasonable wear and tear expected), to cooperate with roommates in the common protection of property and maintenance of the living space, and to promptly advise the University of any deteriorating conditions of the room or its furnishings so timely repairs can be made. The Resident will be asked to review a Room Inventory Form upon move-in and move-out of the space and will be responsible for any changes in the described condition of the room and its contents. b. The Resident agrees not to modify, cause, or allow the modification of the assigned room or other parts of the building except as expressly permitted in writing by University Housing. The Resident agrees not to paint, move in additional furniture, or install non-university approved lofts. c. All furnishings provided by the University must remain in the room, no removal or storage of university property will be provided. Any damage or loss will be charged back to the Resident. d. The Resident agrees to pay actual charges assessed for necessary room damage repairs, special custodial services, or maintenance services for which the Resident is responsible, or to pay an equal portion of charges assessed to all occupants of a room or community, when those persons responsible fail to assume responsibility for charges.
e. The Resident agrees to use common areas, residential corridor and rooms, and equipment and furnishings in a careful and proper manner, to contribute to the orderliness and cleanliness of all areas, to cooperate in the common protection of property, and to promptly advise the University of any deteriorated or hazardous conditions so timely repairs can be made. The Resident agrees to pay actual charges when assessed for public area damages or special custodial or maintenance services necessary due to misuse or abuse of facilities for which all residents are responsible or to pay an equal portion of charges assessed to all residents of the building when those persons responsible fail to assume responsibility for the charges. f. The Resident agrees to be responsible for the keys/cardkey to his/her assigned building, room or suite, not to have the key duplicated, not to transfer use of the key, and to surrender the key upon check out. The following will be assessed for keys: $125.00 fee for each lost or unreturned room key and a $50.00 fee for each lost or unreturned fob. No refund will be given on keys received more than forty-eight (48) hours after vacating, or after a lock has been re-keyed. 20. Behavior and Conduct a. The Resident agrees to become aware of and observe all published rules affecting his/her status with the University, including, without limitation, this Contract, the University Handbook, Student Code of Conduct, Community Standards and Housing Policies, Guide to Residence Hall and Community Living and posted residence hall rules established by University officials and/or residence hall student governing bodies. b. The Resident agrees to Southern Oregon University Standards and Expectations, and all members of the community of Southern Oregon University share the following expectations: i. To be active participants in the process of education: asking questions, seeking and using resources, reading and responding to communication; ii. To be positive contributors to the University, the city of Ashland, and surrounding communities; iii. To conduct ourselves with civility and be held accountable as members of the SOU community; iv. To be respected and respectful; v. To accept the concepts of volunteerism, wellness, and diversity; vi. To approach this educational opportunity with an open mind and a positive attitude, recognizing we all have much to learn; and vii. To accept admission into the university community with access to many opportunities including libraries, computers, recreational facilities, classrooms, residence halls, faculty and staff; understanding our responsibilities to treat all with honesty, respect, and integrity. c. The Resident agrees to obey all applicable laws and to respect the rights, privileges and property of other members of the University community and visitors to campus. The Resident will abide by all policies and regulations in the Contract, and by any additional regulations, policies and standards of the University and the University Housing Office. The Resident will respect the dignity of the other members of the University community and visitors to campus, and understands that any acts that denigrate an individual s race, sex, sexual orientation, religion, disability, or gender identity will not be tolerated. In addition, the Resident agrees to comply with the directions of University officials and their authorized agents acting in the performance of their duties. d. The Resident will not do anything that will interfere with University operations or endanger the health, safety or welfare of other people or themselves. The Resident will be responsible for the behavior of their guests. If guests or the Resident do not comply with the regulations and policies, the Resident may be subject to fines, probation, and other disciplinary action in accordance with applicable rules and policies, which may result in eviction from the residence halls and/ or appropriate action by the University. While in University housing, the Resident and guests will not: i. Sell, use or possess (including possession by consumption) illegal drugs or drug paraphernalia or provide illegal drugs or drug paraphernalia to others; ii. Sell, use, possess (including possession by consumption) or provide beverages containing alcohol if the Resident or his/her guests are under 21 years of age; or in a substance-free environment regardless of age; iii. Engage in any drinking games that promote the excessive and/or rapid consumption of any and all beverages; iv. Carry or possess firearms, explosives (including fireworks), dangerous chemicals, martial arts weapons, airpowered guns and rifles, any device that produces a projectile through a barrel or other dangerous weapons or replicas of any of the above-mentioned items; v. Make unreasonable or excessive noise, meaning noise that can be heard in the corridors or beyond the boundaries of the Resident s room; vi. Keep any pets, except fish in a ten (10) gallon tank or smaller. Exemptions to this restriction may be made upon request and approval by University Housing and/or Disability Resources; vii. Interfere with the security system, prop doors open, remove screens, tamper with locks or elevators or unlock doors designated to be locked at all times; viii. Cook in residence hall rooms; ix. Have a space heater, halogen lamp, microwave, refrigerator or open cooking element in the Resident s room, unless provided by the University; x. Burn a candle, create an open flame, or store propane or gas; xi. Engage in physical activities which might endanger the health or safety of others; xii. Smoke (any substance), this includes E-Cigarettes or burn incense in the residence halls xiii. Neither duplicate nor alter University keys or lock mechanisms, nor will the Resident knowingly or willfully misuse a key or fob, including but not limited to loaning a key or fob to another. xiv. Tamper with fire safety equipment. This includes pull stations, smoke detectors, sprinklers or fire extinguishers will result in disciplinary action that could include removal from University Housing and assessed fines. The Resident will report equipment malfunctions and evacuate the buildings on any and all fire alarms.
xv. Use residence hall exterior areas such as ledges, roofs, walls, stairwell grids, windows, etc. Climbing out onto the ledges of any residence hall will result in disciplinary action that could include removal from University Housing and assessed fines. xvi. Use their room or any other building facility for commercial purposes without prior written approval from University Housing. xvii. Use recreational transportation equipment (bicycles, skateboards, hover boards, skates, scooters, Segways, other equipment with wheels, etc.) in any buildings on campus. Individuals using these items outside of buildings are expected to do so in a manner which is appropriate, considerate of others, and considerate of University property. e. The Resident and guests agree to comply with all directives from Housing staff acting within the scope of their duties. f. The Resident agrees to check their university mail box and e-mail on a daily basis for official university correspondence. g. The Resident agrees to membership in the respective student governing bodies of the residence hall to which the Resident is assigned, including all rights, privileges, and responsibilities of such membership. h. The Resident agrees that occupancy of the assigned room is limited to residents assigned to that room, that the room will be used only as living space, and that the space will not be loaned to or occupied by persons not assigned to that space. i. The Resident agrees that use of the assigned room or any part of the residence halls or dining facilities to advertise, sell, solicit, or conduct business of any kind is prohibited, except as authorized in writing by University Housing. j. Harassment is any verbal, visual, electronic, or physical conduct that is sufficiently severe, persistent, or pervasive that it adversely affects, or has the purpose or logical consequence of interfering with, any student s educational program or creates an intimidating, hostile, or offensive environment within the University community. Harassing any person because of race, ethnicity, religion, gender, gender identity, sexual orientation, age, creed, national origin, disability, veteran status, or on any other basis will not be tolerated. Violations of this policy may result in disciplinary action as outlined in the University Handbook and Community Standards and Housing Policies for the members of the university community. k. All spaces, including resident rooms, balconies and entry ways, within University Housing are designated nonsmoking areas. Violations of this policy may result in disciplinary action as outlined in the University Handbook and Community Standards and Housing Policies. l. Residents are responsible for the choices they make. In the presence of a policy violation, you may attempt to stop the violation, contact housing staff, and/or immediately remove yourself from the situation and the vicinity of the violation. If you choose to remain at the scene of a policy violation, you will be included on the incident report and may also be held accountable for policy violation. Mutual Provisions 21. Withdrawal from the University and Contract Suspension a. The parties agree that the Resident s obligations under this Contract may be suspended by mutual agreement of the parties pursuant to a written request by the Resident, substantiated by appropriate documentary support that is submitted by the Resident and thereafter approved by the University Housing Department. Reasons for mutual agreement to suspend the Resident s obligations under this Contract may include, but are not limited to, the following: i. Withdrawal from the University after paying fees but before classes begin; ii. Nonattendance or non-enrollment; iii. Affiliation with special University programs away from the area for the entire quarter; iv. Academic dismissal; v. Graduation from Southern Oregon University; vi. Marriage occurring during the Term of the Contract (original marriage certificate required); vii. Change in medical status sufficient to prohibit adequate functioning within the residence hall or that would be intensified by remaining in the residence hall after reasonable adjustments in residence assignment, access, or other modifications are unsuccessful. Pre-existing conditions that may become the basis for a request for release must be presented by the Resident at the time the Contract is submitted. viii. Change in the Resident s financial status of an involuntary nature sufficient to prohibit enrollment after consideration of financial aid, employment, and other reasonable adjustments in expenses and payment options. Federal financial aid criteria and regulations for determining financial need and family contribution will apply. ix. If the Resident is a non-freshman and finds a suitable replacement to take over the agreement, i.e., someone not required by University policies to live in the residence halls and someone who has not previously contacted University Housing; b. The Resident whose Contract is suspended during the Term under such circumstances must visit University Housing to arrange for his/her departure. The Resident must remove all personal belongings and officially check out within fortyeight (48) hours of the Contract suspension or of withdrawal from the University. If the Resident fails to vacate within forty-eight (48) hours, the University may take possession of the assigned space, change the locks to that room/suite and charge all costs associated with those actions to the Resident. c. After the Contract has been suspended, under such circumstances, if the Resident becomes enrolled again with the University during the Term of the Contract, the Resident agrees to fulfill his/her obligations under this Contract for the balance of the Term and academic year. d. The Resident must provide written proof of these status changes. For further information, refer to Oregon Administrative Rule 573-070-0011. Once a decision has been made regarding the Resident s request, the Resident has 10 working days to dispute this petition with University Housing. All other requests to not be charged for breaking the Contract or other fees must be submitted to University Housing on the Housing Contract Release form which is available on the University Housing Portal. Moving to Southern Oregon University Student Apartments & Family
Housing does not constitute an exception to the cancellation fees. All requests for policy exceptions or fee reversals must be submitted before July 1 of the same academic year to be considered. 22. Release From Contract Obligations, Termination and Fees a. Authority to release the Resident from any Contract obligations is held solely and exclusively by the University. b. The University assumes that the person signing this Contract has reviewed and considered his/her financial resources and medical, religious, dietary, and other needs prior to signing this Contract. c. The Resident, who moves out of a residence hall during the Term of Contract WITHOUT a release from Contract obligations and remains enrolled, continues to be liable for residence hall room and board fees, which will accrue against his/her account whether or not the premises or services are occupied, taken, or used by the Resident. d. The Resident understands that if he/she lives in a residence hall less than the Contract Term and withdraws from academic enrollment, the Resident will be assessed room charges for the entire Term of the Contract, except under the following circumstances: i. Residents who check out of a residence hall during the first ten (10) days of service of an academic quarter and who withdraw from SOUTHERN OREGON UNIVERSITY will be charged a cancellation fee equivalent to ten (10) days prorated room and board charges for the accommodation assigned in addition to any other required fee. ii. Residents who move into a residence hall during the first ten (10) days of service of an academic quarter will be charged from the first day of the quarter. iii. Residents who move into a residence hall during the last ten (10) days of service of an academic quarter may be charged a minimum of ten (10) days. e. I understand that if I sign the Contract to live in a residence hall and do not both withdraw from academic enrollment and move off campus, I will be assessed room and board charges for the entire duration of the Contract s Term and shall be liable to the University for Liquidated Damages in the amount of Ninety Percent (90%) of the remainder or unexpired portion of the Contract Term (i.e., the balance of the full academic year), except under the following circumstances: i. Non-First Year Residents who Cancel their Contract before August 1, 2016 will be charged a $500.00 cancellation fee. ii. Non-First Year Residents who Cancel their Contract before September 1, 2016 will be charged a $1000.00 cancellation fee. iii. Non-First Year Residents who Cancel up until the first day of class and have not picked up room keys will be charged a $4,000 cancellation fee. f. First Year Residents who Cancel any time before the first day of classes and have not picked up room keys will be charged a cancellation fee of $4,000. g. The Resident understands that if he/she lives in the residence hall less than the Contract Term, the Resident will be required to pay back any housing discounts or scholarships that have been awarded to the Resident during the 2016-17 academic year. h. The Resident understands that the University will use either the date on which the Resident officially checks out of the residence or the date of the Resident s withdrawal from academic enrollment, whichever is later to calculate prorated 90% charges owed by the Resident for the remainder or unexpired portion of the Contract Term. The date that the Resident officially checks out of the residence means the date that he/she has removed all belongings from the living area and completed the proper check out procedures with University Housing, including the return of all keys. i. Check- Out deadlines for those vacating*: i. Fall Quarter December 9, 2016 4:00 p.m. ii. Winter Quarter March 24, 2017, 4:00 p.m. iii. Spring Quarter June 16, 2017, 4:00 p.m. *These dates are subject to change per the Southern Oregon University Academic calendar. If a change occurs, then Residents must be out no later than the last Friday of the quarter. 23. Termination by the University for Default or Breach of Contract a. The Resident agrees that breach of Contract exists when it is determined by an appropriate University official or judicial body that a violation of provisions of this Contract or of rules and regulations of the University has occurred. b. The Resident agrees that the University reserves the right to reassign or remove from the residence halls, residents who, by their behavior, have exhibited disregard for the residential community and/or the specific living area environment, the terms and conditions of this Contract, or University rules and regulations. c. The Resident understands that breach of Contract may also result in assessment of Liquidated Damages in the amount of Ninety Percent (90%) of the remainder or unexpired portion of the Contract Term. d. The Resident understands the University may give twenty-four (24) hour notice of intention to terminate this Contract and thereafter terminate the Contract in the event of any of the following circumstances: i. If the Resident is in default of payment of rent for more than fifteen (15) days except where the University has agreed in writing to extend the period of payment of rent; or ii. If the Resident breaches, violates, fails to perform, or is in default of the performance of any of the terms or covenants or conditions of this Contract including University Housing rules and regulations. e. The Resident understands that the University may terminate this Contract and require the Resident to leave the residence halls immediately if the University reasonably believes that emergency conditions exist which might threaten the health, safety, welfare or property of the Resident, the University or other students living in the residence hall, by providing the Resident with written notification of such termination at the time of the termination. f. The Resident understands that no termination of this Contract in accordance with the provisions of this section shall relieve the Resident of liabilities and obligations under this Contract, and such liabilities and obligations shall survive any such termination.
g. The Resident understands that the provisions of this section relating to the rights of the University shall survive the termination or expiration of this Contract should the Resident default or breach this Contract. As stated in this Contract, in accordance with the provisions of this section, the Resident will pay the University the room and board charges required up to the time of termination and shall further be liable to the University for Liquidated Damages in the amount of Ninety Percent (90%) of the remainder or unexpired portion of the Contract Term. 24. Waiver of Breaches a. The Resident understands that the failure of the University to exercise any right or remedy available to the University as a result of the Resident breach of any of the terms, covenants or conditions of this Contract shall not be deemed to be a waiver by the University of any such Rights or remedies. b. The Resident understands that the terms or conditions of this Contract are required to be performed by the Resident and no breach thereof shall be waived, altered or modified except by an express written instrument executed by the University. The receipt of rent of the University with the breach of any terms, covenants, or conditions of this Contract shall not be deemed a waiver of such breach. 25. Cumulative Remedies a. The Resident understands that in any case where they breach or threaten to breach any provision of this Contract that the specified remedies to which the University may resort under the terms of this Contract are not intended to be exclusive of any other remedies or means of redress to which the University may be lawfully entitled. 26. Legal Costs a. The Resident understands that they shall pay all costs of proceedings by the University for recovery of the possession of the premises, or for the enforcement of any of the terms and conditions of this Contract, including reasonable attorney s fees. Collection of all bills for room and board shall be consistent with the Oregon University System Academic Year and Summer Session Fee books. 27. Power of Attorney a. The Resident understands that in consideration of monies due and owed to the University for housing purposes, the Resident hereby appoints and constitutes irrevocably the Southern Oregon University Housing as attorney-in-fact to endorse any Oregon University System or University checks or disbursements payable to the Resident, to cash such checks or disbursements, and to apply the proceeds there from to the debts presently owed to the University for housing purposes. b. The Resident understands that if monies that are payable to the Resident are in excess of amounts due and owning, such overage will be forwarded to the Resident. The Resident understands that he/she is responsible for any changes of address and will be responsible for advising the University Housing and/or the Southern Oregon University Housing Office Manager of any changes from the address given. 28. Oregon Administrative Rules a. Please refer to the Oregon Administrative Rules for further information; section 573-070 refers to Southern Oregon University Housing. 29. Governing Law a. Except to the extent governed by federal law, this Agreement shall be governed, construed and enforced in accordance with the laws of the State of Oregon, without regard to the choice of law provisions thereof. Any claim, action, or suit between Resident and University that arises out of or relates to performance of this Contract shall be brought and conducted solely and exclusively within the Circuit Court for Jackson County, for the State of Oregon. Provided, however, that if any such claim, action, or suit may be brought in a federal forum, it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. By selecting the Yes below, I acknowledge I have read, understand, and agree to comply with the terms and conditions of the Southern Oregon University Residence and Dining Contract as contained herein. I also understand that if I select the Yes button below I am responsible for room and board charges for the entire academic year. I have read and agree to all the terms of the Southern Oregon University Residence and Dining Contract. Yes [ ] No [ ] Printed Name Student ID # Signature Date Shasta Hall McLoughlin Hall