UD Housing Contract 'Terms and Conditions'

UNIVERSITY OF DALLAS HOUSING CONTRACT

This Housing Contract  (“Contract”) is made and entered into by the University of Dallas (“UD”) and the individual student named below (“Student”), or the individual guarantor named below (“Guarantor”) on behalf of Student if Student is under the age of 18.  This Contract is effective upon UD’s acceptance of Student’s completed Contract.  This Contract grants Student a license to occupy and use the residential space assigned to Student for a limited purpose (“UD Housing”), and is not a lease of UD property.  This Contract is made and entered on the condition that Student is enrolled as a full-time UD student and the Student is not a registered sex offender as defined in state and/or federal law.

I. OBLIGATIONS OF THE STUDENT AND GUARANTOR - Student (and Guarantor) agrees:

1. To pay all fees and charges as due.
2. To be bound for the full term of this Contract and to be responsible for the full value of this Contract except as set forth in Section V of this Contract.
3. To comply with and abide by all terms and conditions in this Contract, the UD Bulletin, the Student Code of Conduct, the Student Handbook, all Housing Policies, and all other UD rules and regulations governing the conduct of students which are now in effect and that may be adopted and published at a later date.
4. Not to sell or assign this Contract to a third-party and not to assign or lease Student’s assigned UD Housing to another party. This Contract is personal and not transferable.
5. To use Student’s assigned UD Housing for residential purposes only. Any use other than for residential purposes will violate UD policy and UD may unilaterally terminate this Contract in accordance with Section V and/or take disciplinary action.
6. To exercise care to maintain residence hall/apartment and room keys/access devices, and to reimburse UD for all costs, such as key and lock replacement, associated with Student’s loss or misuse of keys.
7. To be accountable for the conduct of Student’s guests.

II. CONTRACT TERM

1. The term of this Contract shall be for the full Academic Year which shall include the fall/spring semesters of the academic year but not including the Thanksgiving, Christmas and spring break periods when residence halls are closed. Voluntary summer residents are bound by this same Contract for the official duration of the summer program up until the publicized summer closing date. UD will not give Housing Fee credit for periods when Student does not occupy assigned UD Housing.  Any special requests for housing during periods when UD Housing is closed must be made in writing to the Director of Student Affairs and may be subject to terms and conditions in addition to those set forth in this Contract.
2. Student may occupy their assigned UD Housing from the beginning of the day that residence halls/apartments officially open for the academic year until the date the halls/apartments officially close for the academic year or for the contracted summer term.

1. Failure to properly check-in prior to publicized move-in deadlines could result in reassignment of the assigned room.

 2. Student must properly check out of their assigned UD Housing/apartment no later than publicized closing dates for the fall, spring and summer terms, unless specifically approved in advance by the Office of Student Affairs.

3. If Student voluntarily withdraws from UD prior to the end of the semester, Student must notify the Office of Student Affairs and vacate their assigned room and residence hall/apartment within 48 hours of providing written notice of withdrawal to the Registrar.  If student is involuntarily separated from campus housing, the student will be directly notified of the time allotted to move out.

 III. HOUSING DEPOSIT

1. All students residing in UD housing for the first time must pay a $200 Housing Deposit which UD will refund upon timely written request when Student is no longer obligated to reside in UD Housing while enrolled and elects to move off campus or when Student leaves upon graduation or withdrawal.
2. Refund of Housing Deposit 

1. Continuing UD students who will not continue to live in UD housing may request refund of the Housing Deposit by submitting a written request to the Office of Student Affairs in accordance with the dates and procedures established by the Office of Student Affairs, published on the UD website and outlined below. Failure to provide notice of housing cancellation in accordance with established deadlines will result in forfeiture of the Housing Deposit.

 a. July 1st is the notification deadline for the fall semester to prevent forfeiture of the housing deposit.

 b. December 1st is the notification deadline for the spring semester to prevent forfeiture of the housing deposit.

2. Students who withdraw, transfer or do not return for any reason will forfeit their housing deposit. "No shows" will be considered as a cancellation and will also forfeit the housing deposit.  This includes previously confirmed new students who withdraw after July 1st.

3. The deposit may be reinstated for students who return to a campus residence from an official Leave of Absence or who are readmitted to UD within 2 years.

4. This deposit may also be used to pay down any remaining balance still owed to the university by any student leaving the University for any Reason.

IV. HOUSING FEES AND CHARGES

1. All Housing Fees are published in the UD Bulletin and on-line. Housing policies are posted in the Student Handbook and on the UD website.
2. Housing fees are billed each semester and are subject to change without notice.
3. UD will not refund Housing Fee due to mechanical, heating or air conditioning malfunction or for any other reason unless specifically set forth in this Contract.
4. Student agrees to pay charges for all loss or damage, except normal wear and tear, that Housing Staff determines Student caused to floors, walls, windows, ceilings, appliances (if any), fixtures, furnishings, plumbing, electrical wiring or other property in UD Housing, including Student’s assigned UD Housing, common areas and other student rooms/apartments. IF UD cannot determine who caused such damage or loss, Student agrees to pay the cost of repair and/or cleaning, pro-rated as deemed appropriate by the Director of Student Affairs among all residents of a room/apartment, or if damage is in a common area, among each resident who uses the common area.
5. UD will inspect Student UD Housing for damage and cleanliness at time of check-out. Appropriate charges for damage and/or extra cleaning will be posted to Student’s account. Student agrees to pay any fees associated with failure to follow posted housing check-out procedures and timelines.

V. CONTRACT TERMINATION, HOUSING FEE REFUND AND CONTRACT BREAKAGE FEE

1. Student acknowledges that all full-time matriculating undergraduate students with fewer than ninety (90) credit hours (senior standing) or any full-time student under the age of twenty-one (21) prior to the start of the academic year are obligated by UD policy to reside in UD housing. Students who are obligated to reside in UD housing but who are married, documented veterans or commuter students living locally with parents or legal guardians within a 50 mile radius of campus may be exempt from the housing requirement with written approval from the Director of Student Affairs.  The Director of Student Affairs may also grant an exemption based on financial hardship or medical needs.  The decision of the Director of Student Affairs related to an exemption from the UD housing obligation is final and students not approved for an exemption agree to be billed for UD Housing as set forth in this Contract and on the UD website.
2. Contract Breakage Fee 

1. Early termination of this Contract by continuing students will result in a Contract Breakage Fee, as set forth below. The Contract Breakage Fee constitutes liquidated damages that will compensate UD for costs incurred and/or losses suffered as a result of early termination, which costs are difficult to quantify.  Housing Deposits will not be refunded in the case of early termination of this Contract, except as specifically stated in this Contract.

a. Termination of this Contract before August 1^st will result in a $100 Contract Breakage Fee.

b. Termination of this Contract after August 1^st and before the official annual move-in date will result in a $300 Contract Breakage Fee.

c. Termination of this Contract at any time after move-in and during the fall semester will result in a $500.00 Contract Breakage Fee in addition to Housing Fee refund schedule outlined below.  This fee also applies to fall residents claiming commuter status for the spring semester who do not submit a valid 'Commuter Form' by the December 1st deadline.  

d. Termination of this Contract any time after the last day of the fall semester will result in a $500.00 Contract Breakage Fee in addition to Housing Fee refund schedule as outlined below.

 C. Refunds for Student termination BEFORE move-in:

1. Any Student who qualifies for an automatic exemption to the residency requirement may submit a written request to the Office of Student Affairs to terminate this Contract prior to the official move-in date and request full refund of all Housing Fees.

2. Students who remain under the UD residency requirement may request termination of this Contract based on significant changes in personal circumstances (financial, illness, etc.) which could not have been foreseen at the time this Contract and that now prevents fulfillment of this Contract. Student must submit a written request to the Office of Student Affairs and document the catastrophic change in circumstances.  Requests will be reviewed and acted on by the Director of Student Affairs.  If a request to terminate is denied, Student remains bound to the full terms of this Contract, even if Student vacates. The decision of the Director of Student Affairs will be final.  If Student’s request for termination based on catastrophic change in circumstances is approved, housing fees will be removed from their Business Office account.  Housing Deposit refunds are based upon the date of the exemption request.

 3. A Contract Breakage Fee may be assessed following guidelines in section above.

 D. Refunds for Student termination AFTER move-in:

1. Written requests for refund of Housing Fees from qualifying students (including mid-semester withdrawals) will follow the refund schedule outlined below. Each week is calculated from the last day of the academic add/drop period. A week is seven calendar days long beginning immediately after the closing of the add/drop period. Refer to the General Bulletin for the official ending date of the add/drop period for the semester of withdrawal. 

2. Student may terminate this Contract in writing and only pay housing fees based upon university refund schedule below plus any applicable Contract Breakage Fee, if Student: 

a. Graduates at the end of the fall semester.

b. Provides proof of marriage at any time during the Contract and resides with a spouse.

c. Participates in UD academic programming requiring residence off campus (such as study in Rome or other study abroad experience).

d. Withdraws from UD by filing formal notice with the University Registrar.

e. Qualifies for and claims mid-year automatic exemption to the residency requirement for the following spring semester.

 3. Termination by UD:

a. UD reserves the right to terminate this Contract at any time.  If student is involuntarily separated from campus housing, the student will be directly notified of the time allotted to move out.

b. If Student voluntarily withdraws from UD, or is removed from UD housing for disciplinary reasons as determined by the Director of Student Affairs, this Contract will be terminated and Student must pay housing fees based on below university refund schedule.

c. If Student is involuntarily withdrawn from UD, this Contract will be terminated and Student must pay housing fees based on below university refund schedule.

 VI. ROOM/APARTMENT ASSIGNMENTS

1. UD assigns roommates without regard to race, religion or national origin. Priority of assignment will typically be based upon timeliness of housing application, academic classification, participation in scheduled room selection and also gender.  Changes in room assignments may only be made with the approval of the Director of Student Affairs.
2. If Student has a disability or other unique needs related to housing, Student must submit a written request for accommodations to the UD Disabilities Coordinator. UD will act as quickly as possible to make reasonable accommodations.   
3. UD reserves the right to make temporary housing assignments and to change housing assignments as deemed appropriate in the sole and absolute discretion of UD. Students assigned to a multi-occupancy room agree to accept other roommates assigned to fill vacancies, or to move into a different housing assignment, if requested.
4. Student may be removed from assigned UD Housing to a new assignment based on a determination that the student poses a continuing danger to persons or property, or presents a threat of disrupting the normal operations of UD housing.
5. This Contract will terminate if assigned accommodations are destroyed, or otherwise made unavailable, and UD cannot furnish other accommodations. All rights and liabilities of the parties will cease and Housing Fees previously paid by the Student will be pro-rated and returned to the Student.

VII.    CARE OF ROOM, EQUIPMENT AND PROPERTY

1. Student agrees to maintain UD Housing and common areas in a neat and orderly fashion at all times. Any abuse must be immediately reported to the Residence Life staff.  Student agrees to be financially responsible for all room damage occurring during their term of occupancy and for all damage caused by Student to common areas or other student rooms.
2. Student is responsible for the security of Student’s own property. UD is not responsible and is not liable for theft, damage, or other loss of money, valuable or personal effects of Student regardless of the cause of the loss.  Student agrees that any personal effects, valuables or other property Student leaves in UD housing after this Contract term may be considered abandoned property and may be retained by UD as its property, or may be disposed of through sale, donation or in such other manner as UD in its sole discretion determines.  On-campus storage is not available.
3. UD takes reasonable steps to maintain all UD facilities and grounds, and to provide adequate security. UD is not liable for the loss of, or damage to, personal property or for any other personal injury caused by acts of nature, fire, smoke, water, equipment malfunction, or caused by the negligent or criminal conduct or acts of any person occurring in UD facilities or grounds.  UD insurance covers UD facilities and property and does not cover the cost of replacing resident property and personal items.  Student is advised to purchase personal property insurance to cover losses while living in UD housing.

VIII. ROOM ENTRY

UD reserves the right for any authorized UD official to enter any assigned UD Housing, at any time, for the purposes of: inspecting UD property; conducting routine maintenance and repair, including pest control; conducting safety checks, including ensuring evacuation during assigned safety drills; responding to emergencies; inspecting assigned rooms prior to the close of this Contract term and during semester breaks; and for any other purpose including to investigate suspected violations of the Student Code of Conduct or other UD policy.

IX. RULES AND REGULATIONS

The University's failure to perform any term or condition of this contract as a result of force majeure conditions beyond its control such as, but not limited to fires, flood, government restrictions, acts of nature, epidemics, damage or destruction shall not be deemed a breach of this contract. Furthermore, with the exception of those claims arising out of UD’s gross negligence or willful misconduct, UD shall not be liable to Student of Guarantor, or those claiming through or under Student for injury, death or property damage caused by acts of nature, fire, water, smoke, utility or equipment malfunction, or caused by the negligent conduct or acts of any other person occurring in, on or about the residence halls or apartments, and Student shall indemnify and hold UD harmless from any such claim or damage.

X. DINING SERVICES

1. Students living in UD residence halls must purchase a residential meal plan based upon their classification and subject to change and requirements as set forth on the UD website.
2. UD will not reimburse or reduce meal plan charges if Student fails to eat meals in the UD dining hall, or to use the meal plan at other campus locations.
3. Student will report any meal card malfunctions to Dining Services. Failure to report malfunctioning meal cards will not result in reduction of meal plan charges.
4. Meal Plan upgrades can be made online each semester by the announced deadline which is the third Friday of the semester. Meal Plan downgrades are only possible for juniors and seniors and must also be made before the semester deadline.
5. Only the Student to whom it is issued will use a meal card for food service.  Use by another person will result in disciplinary action.

 XI. WAIVER AND INDEMNITY

With the exception of those claims arising out of UD’s gross negligence or willful misconduct, UD shall not be liable to Student of Guarantor, or those claiming through or under Student for injury, death or property damage caused by acts of nature, fire, water, smoke, utility or equipment malfunction, or caused by the negligent conduct or acts of any other person occurring in, on or about the residence halls or apartments, and Student shall indemnify and hold UD harmless from any such claim or damage.

XII.    MISCELLANEOUS

1. UD has the right to determine when provisions of this Contract are violated and to determine the appropriate course of action. If any section or subsection of this Contract is found illegal or invalid, the determination will not affect the validity or enforceability of the remaining provisions of this Contract.
2. The validity of this Contract and all matters pertaining thereto including but not limited to matters of performance, non-performance, breach, remedies, procedures, rights, duties and interpretations shall be governed by the Constitution and laws of the state of Texas. Any lawsuits to enforce this Contract must be filed in Dallas County, Texas.

By written acknowledgment below, Student (or Guarantor) certifies that s/he read this Contract in full and understands and agrees to its terms and conditions, agrees to pay all charges arising under this Contract when due and in accordance with the policies of the University of Dallas, together with all fees and other reasonable costs for collection of any amount not paid when due, and acknowledges that UD will not grant the license described herein unless personal guarantee of payment of all charges and obligations under this Contract is made by Student (or Guarantor, if applicable).