2023-2024 Youngstown State University Housing Contract

2023-2024 ACADEMIC YEAR

Summary of Terms

(Pending Approval from the Board of Trustees)

Undergraduate Housing Fees* (All Room and Board fees are pending subject to Board of Trustees approval.)

Payment of Housing Fees:
All housing fees must be paid in full by move-in (including early arrival), unless the Resident has enrolled in the University’s optional payment plan through the University Bursar’s Office.

Application Fee
A resident must submit a one-time, non-refundable application fee the first time they apply for University Housing.

Amount: $35.00

Pre-Payment to Secure Room
All residents must submit a pre-payment to secure a room whether it is prior to room selection by the student or for an assignment to be made.

Amount: $250.00

TERMS OF CONTRACT AGREEMENT

This housing contract (the “contract”) is made by and between Youngstown State University (the “University”) and the student resident (the “resident”) and becomes effective upon execution by both parties. The contract is a legal agreement between the University and the resident. It entitles the resident to the use of residence hall accommodations only in such manners as set forth herein. This contract is a license to use the residence hall and shall not be construed as a rental agreement. The resident must sign this contract, and a parent/guardian must also sign this contract if the resident is not yet 18 years old when the contract is executed.

1.  Room.  The University hereby provides use of designated residence hall accommodations (the “room”) within a University-owned residence hall to the resident. Every attempt will be made to ensure that the room provided to the resident is the room originally assigned; however, the University reserves the right to substitute another residence hall accommodation. In the event that the University must substitute alternate residence hall accommodations, the substituted accommodation will thereafter be the “room”. It is understood that the room consists of the use and occupancy of one-bedroom area, and, in cases of suites, 2-bedroom and 3-bedroom apartments, and residence hall rooms with a private bathroom, the shared use and occupancy of the kitchen, hallway(s), common living room, eating area and bathroom with the other residents in the designated residence hall space. Under no circumstances may the kitchen, living room, eating area, hallway(s) or bathroom be used as sleeping quarters. The room is provided furnished and includes the interior of the residence hall accommodation only.
    
2.  Contract Agreement Period.  Upon the execution of this contract by both parties and payment of the application fee, this contract becomes effective and constitutes a binding agreement for the entire ACADEMIC YEAR (BOTH FALL AND SPRING SEMESTERS, excluding breaks) or the remaining portion thereof, subject to terms and conditions stated herein. ANY RESIDENT WHO REMAINS ENROLLED IN THE UNIVERSITY BUT LEAVES UNIVERSITY HOUSING DURING THE CONTRACT TERM WITHOUT BEING RELEASED FROM THIS CONTRACT CONTINUES TO BE LIABLE FOR ALL THE FEES AND CHARGES FOR THE FULL ACADEMIC YEAR CONTRACT TERM.
    
3.  Housing Fees.  Room and board fees as set forth in the summary of contract terms are billed each semester and appear on the resident’s student account. The application fee is a one-time, non-refundable fee that must be paid before a student can access the housing application. It is the responsibility of the resident to check the balance on the student account and be aware of payment due dates as established by the University. All housing fees must be paid in full by move-in (including early move-in) unless the resident has enrolled in the University’s optional payment plan through the University Bursar’s Office. Late payment fees will be assessed to the resident’s student account in the event the full payment amount is not received by the established due date. The University reserves the right to terminate this contract if housing fees are not paid by the due date(s). The University may refuse housing to residents with a history of non-payment of housing fees.
    
4.  Move-in/Move-out Procedure.  The room shall be available for occupancy as set forth in the summary of contract terms. The room will be inspected upon move-in.  Any deficiencies in the room must be noted at that time and acknowledged by the resident and the University’s representative.  At the end of each semester residents must vacate the building within 24 hours following their last final examination or by the established check out date/time, whichever comes first. Upon move-out as set forth in the summary of contract terms, the resident and a representative of the University shall inspect the room and note the condition of the room, including all surroundings, furnishings and fixtures therein. Any damage done thereto beyond normal wear and tear which is deemed by the University to have arisen during resident’s occupancy and use of the room shall result in damage fees assessed to the resident’s student account. The resident shall be given the opportunity to appeal damage fees according to the procedures set forth by the University.  The resident shall vacate the room in a clean and sanitary condition, including but not limited to, all bedroom, kitchen and bath areas (as applicable).  Resident’s failure to follow the prescribed move-out procedures and to return all keys to the University may result in an improper checkout fee billed to the resident’s student account.  If all keys issued to the resident are not returned to the University, the resident shall pay all costs associated with re-keying the room and mailbox.
    
5.  Use and Occupancy.  The resident must be matriculated, enrolled full-time at the beginning of each semester, and must remain enrolled throughout the contract term. Residents must be graduated from high school or possess a GED, and must be at least 16 years old at time of occupancy. The resident is responsible for informing the University of any change in academic status, which could result in ineligibility for housing. It is understood that the resident will be occupying the room jointly with other residents unless a single room has been guaranteed by the University. The room shall be occupied only by the resident and assigned roommate(s) as applicable, and by no additional persons. The resident shall not change rooms or roommates without prior written consent from the University. The resident shall not abandon or vacate the room without properly notifying the University. The resident shall not sublet or sublease the room. The room shall be used for residential purposes only.  In no event shall the room be used in any of the following manners or for any of the following purposes: (a) any usage in violation of any laws, codes, ordinances, or University rules or regulations, (b) any manner which creates or permits a nuisance or trespass, (c) any manner which produces, reproduces, or transmits sounds which are audible outside the room, (d) any manner which emits an odor outside the room,  (e) any hazardous or wasteful activity, or (f) any other manner that disturbs other residents from the peaceful enjoyment of the residence hall and/or their own room.  The resident shall not in the room, or anywhere in the residence hall, engage in or permit any drug-related activity, permit any activity that endangers the health or safety of other residents, or engage in or permit any activity that is, in the University’s sole and exclusive judgment, otherwise injurious to the University or its reputation. Instances of such conduct shall include, but not be limited to, the resident permitting any co-resident, occupant, member of resident's household or family, guest(s), invitee(s), or other person(s) the resident permits to occupy or use the room, to use, manufacture, purchase, sell, or otherwise distribute drugs or drug-related paraphernalia in or about the room or residence hall.  The restrictions contained herein are material obligations under the contract.  For purposes of this section, the University’s receipt of complaints from other residents or employees that the resident violated any of the provisions contained herein may result in a complaint against the resident pursuant to The Student Code of Conduct.
   
   Except for normal wear and tear, the resident agrees to leave the room in the same or better condition upon vacating the room.  The resident shall not make any alterations or improvements to the room (e.g. painting, installing wallpaper, drilling holes, installing antenna or phone outlets) without prior written approval from the University, or deface or otherwise alter the room, or any walls, fixtures, appliances, equipment, or furniture owned by the University in the room or residence hall.  The resident will be held liable for any damages or injuries caused by any alterations made to the room without the University's prior written approval. Any damages to the room, furnishings, or residence hall may be assessed against the resident at the University’s cost to repair or replace said property.
   
   The resident shall not place in the room any furniture items which have not been specifically approved by the University. The resident is not permitted to install, maintain, or replace existing fixtures in the room without prior written approval from the University. The resident shall not remove any of the University’s furniture, fixtures, appliances, or equipment from the room for any reason.
    
6.  Common Areas.  The University hereby grants to the resident a non-exclusive license to use all hallways, lounges, bathrooms, recreational areas, and other common areas of the residence hall (“common areas”); such usage to be in common with the usage by other residents in the residence hall and any co-resident, occupant, member of resident's household or family, guest(s), invitee(s), or other person(s) the resident permits to use the common area.  The University may impose such restrictions on the use of the common areas as the University deems appropriate.  The University shall have the unrestricted right (including the right to temporarily interrupt utility service) to increase, reduce, eliminate, relocate, or change the size, dimensions, design, or location of the common areas or any other buildings, structures, or improvements, including the room, in the residence hall from time to time in any manner whatsoever as the University shall deem proper.  The resident shall use all common areas in a prudent and non-dangerous manner, and in compliance with the University’s written policies and at their own risk. The resident agrees to be responsible for any damages to any common areas caused by the resident or by the resident permitting any co-resident, occupant, member of resident's household or family, guest(s), invitee(s), or other person(s) of the resident.
    
7.  Room Assignments, Relocation, and Room Vacancies.  The University reserves all rights in connection with the assignment of rooms. The University reserves the right to relocate the resident to another room in University-owned housing for reasons including, but not limited to, Americans with Disabilities Act (ADA) compliance, disciplinary reasons, catastrophe, renovation, or closing of a residence hall facility, consolidation of vacancies, unavailability of space, operating efficiency, unresolvable incompatibility of roommates, unpaid housing fees, facility maintenance, or at the request of the resident. The University, to the extent practical, will honor the resident’s request for the sharing of a particular residence hall space. The University may, in its sole and exclusive judgement, accommodate a request from the resident for relocation. When room vacancies occur, the University reserves the right to show rooms and assign new occupants to fill those vacancies.  At the option of the University, a remaining occupant may be allowed to find a suitable roommate to fill the vacancy or continue to occupy the room and pay the appropriate single rate surcharge. The University reserves the right to reassign the remaining occupants of a room or apartment to different accommodations.
   
   The University reserves the right to repossess student rooms and residence hall facilities in the event of an epidemic or other emergency.  In the event of damage by fire, water, steam, or other agents that render the room wholly unfit for occupancy, the University reserves the right to reassign the resident to alternate housing accommodations.  If alternate accommodations are not available, the contract may be terminated by either party.
    
8.  Safety and Liability.  The University shall not be liable for losses or damage to the resident's person or property arising out of or related to theft, vandalism, criminal action, fire, smoke, water, rain, hail, ice, snow, explosion, acts of God, or acts of the resident, other residents or others present at the residence hall facility. The resident shall and does hereby release, hold harmless and indemnify the University and its employees, officers, agents, officials, invitees, guests, and volunteers from any and all liability, damages, claims, loss, and expense, including but not limited to damages, legal expenses and costs of defense, and all claims of any nature whatsoever arising from its use or occupancy of the University’s residence hall facility. The University strongly recommends that the resident secure the resident’s own insurance to protect against all of the above occurrences. The resident acknowledges that the University has no insurance coverage on the personal possessions of the resident, whether located in the room or the common areas. This contract may be immediately suspended or terminated and the resident required to vacate the University residence hall when circumstances indicate the resident’s continued presence in the University residence hall may constitute danger, or threat of danger, to property, the resident, or others in the University residence hall.
   
   The room has been equipped with one or more smoke detectors for the resident’s protection. The resident shall be responsible for notifying the University if any malfunctions with the smoke detector(s) are detected by the resident. Further, the resident agrees not to disable or otherwise tamper with the smoke detector(s) or any other life safety equipment. The resident agrees to comply with the security procedures and response actions set forth in the Resident Handbook. For the protection of the resident and the residence hall community, a closed circuit television system (“CCTV”) has been installed in each University-owned residence hall, in the parking lots, and on the exterior of the residence halls. The CCTV system is used to monitor common areas and will be used to enforce policies set forth in this contract and the Resident Handbook. The resident agrees not to disable, breach, alter, or otherwise tamper with any such CCTV system equipment.  The resident is not allowed to install additional or alternate locks on doors or windows. Changing locks is expressly prohibited.
   
   The University is not responsible for lost, stolen or damaged personal property in University owned residential spaces or in the common areas of those facilities. The resident is required to remove all personal belongings from their former room at the conclusion of their housing contract or if they withdraw or take leave from the University. If the resident is not able to pack and/or move their own property for whatever reason, the resident is required to contact a moving company or make other arrangements prior to vacating their room. Personal property left in the resident’s room shall be considered abandoned property. A fee will be applied to the resident’s account for the disposal of abandoned property left in their former/vacated room and the resident shall also be responsible for any and all costs above that amount that are incurred by the University in disposing of abandoned property. Such costs shall be applied to the resident’s account in the same manner as room damage charges. Abandoned property may be disposed of in a manner deemed reasonable by the University without further notice to the resident. If the University determines, in its sole and exclusive judgement, that the circumstances warrant, the University may, attempt to contact the resident. The responsibility for maintaining custody and control over all personal property rests with the resident, and the University is under no duty or obligation to contact the resident about personal property left in a room. The University assumes no responsibility for lost, stolen, or damaged personal property; therefore, the resident waives any claims against the University and its employees for damage or loss of any personal property left in a residence hall room or common area.
    
9.  Care of Room and Damage.  The resident is responsible for the care of the room and agrees to keep the room in a clean, slightly, and sanitary condition. The resident must exercise responsibility to ensure that the entire room is maintained in good order and repair. The resident agrees to be directly and financially responsible for keeping the room and its furnishings clean and free from damage, to cooperate with roommates in the common protection of property and in maintenance of the living space, and to promptly advise the University of any deteriorated conditions of the room or its furnishings so timely repairs can be made.  The resident shall immediately report to the University any acts of vandalism to the room or the residence hall. The resident agrees not to modify or cause to allow the modification of the room or other parts of the residence hall.
   
   The resident agrees to pay charges when assessed for room damages or special housekeeping or maintenance services necessary due to misuse or abuse of the room, furnishings or residence hall caused by the resident, co-resident, occupant, member of resident's household or family, guest(s), invitee(s), or other person(s) the resident permits to occupy or use the space.  The resident agrees to use common areas and other areas of the residence hall in a careful and proper manner, to cooperate in the common protection of property, and to advise the University of any deteriorated or hazardous conditions so timely repairs can be made.  The resident agrees to pay charges when assessed for common area damages or special housekeeping or maintenance services necessary due to misuse or abuse of common areas or equipment caused by the resident, co-resident, occupant, member of resident's household or family, guest(s), invitee(s), or other person(s) the resident permits to occupy or use the space.  The resident agrees to pay a pro rata share of any damages to the common areas and its furnishings, fixtures, walls, ceilings, floors, carpets, and doors unless the party solely responsible for such damages can be reasonably ascertained. All repairs must be made by the University.
    
10. Right of Entry.  The University affirms its respect for the resident’s right to privacy in their room, and will make a reasonable effort to provide notice before making periodic inspections. However, the University regards room entry for purposes of improvements, maintenance, cleaning, recovery of unauthorized University property, alleged policy violations, wellness/welfare checks, and fire and safety inspections as necessary for the health and general welfare for all residents, therefore, entry is agreed to and authorized by the resident. During an emergency, the University or University's representative may forcibly enter the room.
     
11. Resident Handbook.  The resident will receive an electronic copy of the Resident Handbook during the initial move-in period. Additional copies are available as needed and can be found on the University’s website. It is the resident’s responsibility to read, understand, and comply with all stated policies, procedures and regulations in the Resident Handbook. The resident acknowledges that specific policies and procedures as set forth in the Resident Handbook include, but are not limited to, use of Service & Assistance Animals, University Network Access, response to Bed Bugs, response to Mold & Mildew, and an outline of the student conduct process, and therefore the resident will be held responsible for adherence to the aforementioned policies and procedures. In addition, the resident, co-resident, occupant, member of resident's household or family, guest(s), invitee(s), or other person(s) the resident permits to occupy or use the room guests of the resident shall strictly comply in all respects with regulations set forth in the Resident Handbook, which may be modified and supplemented by the University from time to time during the term of this Contract.  If the resident is found responsible for any violation of these regulations it will result in a referral to The Office of Community Standards and Student Conduct. Student conduct sanctions may include removal from the room, residence hall, contract cancellation, and/or suspension from the University. No credit of housing fees is given if the resident is removed from the room, hall, housing or the university for disciplinary reasons.
     
12. Meal Plan.  If the resident is assigned to Cafaro, Kilcawley, Lyden, or Wick House, then the resident is required to participate in a University residential meal plan. Exceptions will not be made for food allergies/intolerances. If the Resident has documented food allergies/intolerances, special accommodations will be made through YSU Dining Services by Chartwells, and a personal consultation could be arranged for the resident. If the resident is assigned to Weller House, an optional meal plan may be purchased for an additional fee. If the resident is permitted to leave University Housing once a semester has begun, housing fees (including room and board) will be prorated for that semester based on the housing refund schedule found in this contract. Unused meal points are not refunded. The meal plan is provided as part of an active housing assignment. If the Resident no longer has an active housing assignment or has been removed for disciplinary reasons, the meal plan will be terminated. Note: LIMITED SERVICE IS PROVIDED ON DAYS WHEN THE UNIVERSITY IS OFFICIALLY CLOSED AND OVER ACADEMIC BREAKS.
     
13. Housing during Academic Breaks.  If the resident needs to remain in University Housing during the break in between fall and spring semester, the resident must request permission from the University in writing at least two weeks prior to the start of the break. Typically, only one hall is open during this break and the resident needs to be permanently assigned to that building to reside on campus during the break.  There is an additional charge for break housing. Break housing residents are expected to adhere to all break policies (i.e. limited guest hours). No meals are provided during break housing periods.
     
14. Vaccinations. 
    The resident is required to have the following vaccinations prior to moving into a University-owned residence hall:
     
    1. Tdap: One (1) adult dose in the last 10 years;
    2. Hepatitis B: Three (3) doses of Hepatitis B OR lab report confirming immunity;
    3. MMR: Two (2) doses of MMR (second one must have occurred on or after first birthday) OR Two (2) doses of Measles, Two (2) doses Mumps, and One (1) dose of Rubella OR lab reporting confirming immunity for each;
    4. Varicella: Two (2) doses of varicella OR Lab report confirming immunity;
    5. Polio: Four (4) doses of IPV or OPV. Only required for those students who will be younger than 18 at the start of the semester; and
    6. Meningococcal conjugate (ACWY): One (1) dose since age 16.
       
       The resident may not be permitted to move into a University-owned residence hall if the resident does not provide proof of the abovementioned vaccinations. Proof of vaccinations will be submitted through the designated online portal. A waiver form for medical or religious exemption requests is available by contacting the housing office.
        
15. Criminal Background Authorization and Verification.  The University is charged with supporting the academic needs of students by providing programs that support personal growth, development, and student success. Likewise, the University provides facilities that are responsibly maintained and conducive to sleep and study. Of paramount concern in all University initiatives are the health, welfare, and safety of our students who reside in University owned residence halls, and the protection and preservation of their property. As such, the contract will require the resident to undergo a criminal background search. This policy shall apply to, without limitation, any individual requiring to live in a university owned residence hall. Conviction of a crime may not necessarily render the resident ineligible to reside in a university owned residence hall, but the nature of the charges, circumstances, and/or time of the occurrence may be considered in the processing of each application.
    
    Being charged with, a plea of guilty to, a finding of guilty by a referee, jury or court of, or conviction of any of the following may disqualify the resident from residing in a university owned residence hall:
     
    1.  A felony;
    2.  A sexual offense, as defined in chapter 2907 of the Ohio Revised Code
    3.  An offense of violence, as defined in section 2901.01(A) (9)(a) of the Ohio Revised Code
    4.  A theft offense, as defined in section 2913.01(K)(1) of the Ohio Revised Code
    5.  A drug abuse offense, as defined in section 2925.01(G) of the Ohio Revised Code
    6.  Substantially comparable conduct to (1) through (5) above, occurring in a jurisdiction outside the State of Ohio.
       
       If the resident is charged with an offense described above during contracted dates, the resident is subject to interim suspension from the residence hall until such time as the matter is finally adjudicated or dismissed.  Upon a charge of, plea of guilty, a finding of guilty by a referee, jury or court of, or conviction of any such offenses the contract shall be subject to review and/or termination by the University, per the conditions outlined in the contract.
       
       The resident hereby consents to a criminal background search conducted through the Ohio Attorney General’s WebCheck or National WebCheck Program or other method deemed appropriate by the University. The resident authorizes the University to obtain and review criminal records and dispositions as part of the application to reside in a university owned residence hall. The resident understands that before the resident is denied the opportunity to reside in a university owned residence hall on the basis of information received from a criminal background check, the resident may request and will be provided with a copy of the information. The resident must notify the University of any challenges to the accuracy of any information concerning the criminal background check within five business days of receipt of the report. The University will not make a final decision regarding eligibility to reside in a university owned residence hall until the student has had a reasonable opportunity to address the accuracy of the information. The resident hereby consents to a criminal background search being conducted through the Ohio Attorney General’s WebCheck or National WebCheck Program or other method deemed appropriate by the University.
        
16. Withdrawal and Cancellation.  No surrender of the room by delivery of keys or otherwise shall operate to terminate the contract unless and until expressly accepted in writing by the University. It is understood by the resident that this contract is for two semesters--fall and spring or the remaining portions thereof.
    
    CANCELLATION PRIOR TO THE START OF A SEMESTER.  The resident may cancel the contract provided a written notice of cancellation is received by the University on or before the move-in date as set forth in the summary of contract terms for an academic year contract (a contract that begins with fall semester). The resident will be subject to a housing cancellation fee, as listed under the undergraduate housing fees in the summary of terms section, based on the date the written request to cancel is received by the University. The resident may cancel the contract provided a written notice of cancellation is received by the University on or before January 1 for a spring only contract (a contract that begins with spring semester).  If notice is given by January 1, any payment of housing fees prepaid for a semester will be credited.
    
    CANCELLATION IF THE RESIDENT WILL REMAIN ENROLLED IN THE UNIVERSITY.  While the resident is enrolled in the University, the resident shall not be released from the contract without completing the Application to Terminate Housing Contract which will be reviewed by the Director, or their designee(s) to make a final determination. The resident’s Application to Terminate Housing Contract must indicate serious issues such as medical constraints, or change in financial capabilities that occurred after signing the contract. The Application to Terminate Housing Contract must be submitted to the Director in writing by deadlines established by the University. The resident understands that remaining enrolled in the University and vacating the Room during the contract term without being released from the contract will result in the resident continuing to be liable for all housing fees for the full contract term.
    
    CANCELLATION IF THE RESIDENT IS RELEASED FROM THE HOUSING CONTRACT.  If the resident withdrawals from the University or is released from the contract prior to or during an academic semester, the resident is liable, and will be charged an amount of fees for that semester based on the housing refund schedule.  The date of release is the date that the resident has been checked out of the room in accordance with University check-out procedures, or the date the University receives written notification of cancellation from the resident due to complete withdrawal from the university.
    
    IMPORTANT NOTIFICATIONS REGARDING CANCELLATION OF THE CONTRACT.  If the resident’s Application to Terminate Housing Contract is approved once a semester has begun, housing fees will be refunded for that semester based on the housing refund schedule. Unused meal points are not refunded. The meal plan is provided as part of an active housing assignment. Once a student no longer has an active housing assignment or has been removed for disciplinary reasons, the meal plan will be terminated. No credit of housing fees is given if the resident is removed from the room, residence hall, housing, or the university for disciplinary reasons.
    
    HOUSING REFUND SCHEDULE
    If a student withdrawals from the University or is released from the contract prior to or during an academic semester all housing fees will be refunded according to the following schedule:
    
    Cancellation before move-in date: 100% refund of room & board fees
    Cancellationbefore the end week 1 of the semester: 80% refund of room & board fees
    Cancellation before the end of week 2 of the semester: 60% refund of room & board fees
    Cancellation before the end of week 3 of the semester: 40% refund of room & board fees
    Cancellation before the end of week 4 of the semester: 20% refund of room & board fees
    Cancellation after week 4 of the semester: 0% refund of room & board fees
     
17. Photo/Video Release.  The resident hereby grants the University, and their assigns and those acting with their authority and permission, permission to use any photograph, photographic image or video taken of the resident either while participating in events sponsored by the University or while the resident is in any public spaces or grounds at the residence hall. The resident hereby grants the University, and their assigns and those acting with their authority and permission, the irrevocable and unrestricted right and permission to copyright, in their own name or otherwise, and use, re-use, publish, and re-publish photographic portraits, pictures or videos of the resident, in whole or in part, without restriction as to changes or alterations, in conjunction with the resident’s own or a fictitious name. The resident also consents to the use of any printed matter in conjunction therewith. The resident hereby waives any right that the resident may have to inspect or approve the finished product and the advertising copy or other matter that may be used in connection therewith, or the use to which it may be applied. The resident hereby releases, discharges, and agrees to hold harmless the University, and their assigns and those acting with their authority and permission, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation, any claims for libel or invasion of privacy.
     
18. Package Acceptance.  The resident agrees and understands that packages accepted for the resident by the University will not be kept in an area locked or secured in any way. The resident further agrees that it will not hold the University responsible for packages that are lost or damaged. Since package acceptance is available as a convenience to the resident and space is limited, the University will only hold packages for a limited time. Therefore, packages left over ten (10) days will be returned to the sender. Please be aware that a valid photo ID will be necessary to pick up a package from the front desk, and the University will only release packages to the addressee.
     
19. Waiver.  No waiver of any default in the performance of this contract between the University and the resident shall be effective unless in writing and signed by the waiving party.  The waiver of a particular default in the performance of this contract shall not constitute a waiver of any other or subsequent default.  The resort to a particular remedy upon a default shall not constitute a waiver of any other available remedies.
     
20. Severability.  If any provision of this contract between the University and the resident is determined to be invalid or unenforceable, the remainder of this contract shall not be affected and shall remain in effect.
     
21. Choice of Law.  This contract shall be construed in accordance with the laws of the State of Ohio, regardless of the place of execution.
     
22. Acts of God.  If either party is prevented from, or delayed in, completing performance of any or all of its obligations under this contract (other than payment of housing fees) by an act of God or any other occurrence beyond the party’s control, the party will be excused from performance for as long as it is reasonably necessary to complete performance.
     
23. Breach of Contract.  The resident agrees that breach of contract exists when it is determined by the appropriate University official and/or student judicial body that a violation of provisions of this contract or of rules or regulations of the University has occurred.  The resident understands that breach of contract may result in termination of this contract by the University, forfeiture of the prepayment and liability for payment of housing fees for the remainder of the contract term.
     
24. COVID-19/Public Health.  The University aims to provide housing to support its mission while protecting the health and safety of our students and while intending to minimize the potential spread of disease within our community. As a resident within the University’s Housing & Residence Life, the 2019 Novel Coronavirus (COVID-19) or similar public health crisis may impact your housing experience as we continue to make public health-informed decisions. The below policies and guidelines are applicable to all residential students. As always, we will endeavor to update you with timely information about specific health and safety guidance important for our residential students.
     
    1.  COVID-19. The University holds as paramount the health, safety and welfare of every member of its community. The University, however, cannot guarantee a COVID-19-free environment. Taking steps to minimize the risk of COVID-19 infections (or any other spread of disease) at the University is a shared responsibility. Every member of our community – including you – must do their part. This means adhering to national, state, and local health guidelines and requirements, and adhering to those measures the University deems safe and appropriate for its campus. Each resident understands and acknowledges that if they are on  campus, there is a risk of being exposed to or contracting COVID-19. By being on campus, each resident understands and acknowledges that this is possible, and does so knowingly and voluntarily.
    2.  Health and Safety. We expect that all members of the University Housing community—residents, staff and visitors—act in a manner that demonstrates respect and consideration for those around them, including respect and consideration for the health and safety of all community members. All residential students are prohibited from creating a health or safety hazard within University Housing and the University may request or require a resident to leave University Housing if their continued presence in the housing community poses a health or safety risk for community members. Residential students are required to comply with health and safety laws, orders, ordinances, regulations and health and safety guidance adopted by the University and/or University Housing as it relates to public health crises, including COVID-19. Specific details will be provided as circumstances dictate, but this may include, and is not limited to, social distancing, limitations on mass gatherings, wearing a face covering, COVID-19 diagnostic and surveillance testing (including before or upon arrival to campus), contact tracing, disinfection protocols, limitations on guests into residence halls, and quarantine / isolation requirements (including before or upon arrival to campus). Adherence to health and safety requirements applies to all residents, staff and visitors and extends to all aspects of housing, including bedrooms, bathrooms, community kitchens, lounges, computer rooms, courtyards and other common spaces. You agree to do all of this not just for yourself, but for the safety of others, and because this is consistent with the spirit of the University.
    3.  Quarantine / Isolation / Separation. At any time, the University may request or require a resident to leave University Housing when that resident’s continued presence in the housing community poses a health or safety risk for community members. Residential students are required to comply with requests from University Housing to leave their assigned space due to COVID-19 or any other public health emergency and failure to do so is a violation of the Housing Agreement and may subject a student to emergency removal from their assigned space. Not all University Housing residential rooms or halls are appropriate for self-quarantine or self-isolation, for example, and in those situations where a student is recommended to self-quarantine or self-isolate, students may not be permitted to continue residing in their residential space and will be provided alternative housing arrangements as needed. Removal from University Housing to isolate or quarantine does not constitute a termination of a residential student’s housing contract.
    4.  De-Densifying Efforts. Residential students are required to comply with any de-densifying efforts needed on campus due to COVID-19 or any other public health emergency, including, but not limited to, the relocation of all or some residential students to alternative housing. Relocation does not constitute a termination of a residential student’s housing contract.
    5.  Dining Services. Dining services, including where and how it will be offered to residential students, is subject to the discretion of the University and/or Chartwells Dining and is subject to modification to address public health concerns. Due to health and safety guidance adopted or that may be adopted by the University and/or Chartwells Dining, the University and/or Chartwells Dining may limit the occupancy of dining facilities, limit the amount of time students may reside within dining facilities, or make other operational adjustments needed to address health and safety concerns. These alterations or refusal of services do not constitute a termination of a residential student’s meal contract, provided that there is a mechanism (i.e. delivery, pick-up/to-go service, etc.) available for the resident to obtain food offered through the meal program. Upon reasonable notice, the University and/or Chartwells Dining reserves the right to terminate meal contracts due to public health emergency needs, including COVID-19.
    6.  Cleaning. University Housing will continue to implement and modify its cleaning protocols to address COVID-19 or any other public health emergency in the interest of attempting to minimize the spread of disease. University Housing will educate and inform residential students on appropriate cleaning protocols within their assigned spaces to attempt to reduce the spread of COVID-19 within residence halls. Residents will be responsible for obtaining their own cleaning supplies to maintain a clean-living environment within their assigned space.
    7.  Amenities and Common Areas. University Housing may limit access to some amenities and common areas for the health and safety of the community. This will be based on guidance from health professionals or in accordance with any laws or emergency orders in response to COVID-19.
    8.  Guest and Visitors. Guests and visitors will be restricted in University Housing until such time as the University deems it safe to lift this restriction. Specific restrictions will be communicated as necessary. An exception will be made during the move-in process. During move-in, students will be limited to two helpers. All helpers assisting students will be required to wear face coverings while inside the buildings.
    9.  Term. The start and end dates of the Housing Agreement, and the length of the Housing Agreement, may be adjusted to align with the University’s academic calendar.
    10.  Termination.
        1. Upon reasonable notice, University Housing reserves the right to terminate housing contracts due to public health emergency needs, including COVID-19.
        2. In the event of a conflict between any of the provisions in Section 24 and any other sections of the Housing Agreement, the provisions of Section 24 will prevail.