Youngstown State University Housing Contract
2017 – 2018 ACADEMIC YEAR
Summary of Terms
|Fall Move-In Day (First Year Students):||Saturday, August 19, 2017 at 10:00am|
|Fall Move-In Day (Returning Students):||Sunday, August 20, 2017 at 10:00am|
|Fall Move-Out Day (All Students):||Saturday, December 16, 2017 at 12:00pm|
|Spring Semester Move-In Day (All Students):||Sunday, January 7, 2018 at 10:00am|
|Spring Break Halls Close (All Students):||Saturday, March 10, 2018 at 12:00pm|
|Spring Break Halls Reopen (All Students):||Sunday, March 17, 2018 at 10:00am|
|Spring Semester Move-Out (All Students):||Saturday, May 5, 2018 at 12:00pm|
|Residence Hall Room and Board:||$4,545.00 per semester (fall and spring)|
|Total Room and Board:||$9,090.00 for the full academic year|
|Weller House (Undergraduates)||$3,570.00 per semester (fall and spring)|
|Total Weller House (Undergraduates)||$7,140.00 for the full academic year|
|Single Room Surcharge:||$900 per semester|
|Break Housing Fee (up to 3 days):||$26 per day|
|Break Housing Fee (weekly rate):||$205 for each week|
|Weller House (Double/Triple - Private Bedroom)||$3,500.00 per semester (fall and spring)|
|Total Weller House (Double/Triple - Private Bedroom):||$7,000.00 for the full academic year|
|Weller House (Single Unit - Room Only)||$4,000.00 per semester (fall and spring)|
|Total Weller House (Single Unit - Room Only):||$8,000.00 for the full academic year|
|Weller House (Two Bedroom - Family Apartments)||$5,000.00 per semester (fall and spring)|
|Total Weller House (Two Bedroom - Family Apartments):||$10,000.00 for the full academic year.|
Payment of Housing Fees:
All housing fees must be paid in full by the first payment due date established by the University unless the Resident has enrolled in the University’s optional payment plan through the University Bursar’s Office.
Each Resident will submit a security deposit to secure their space in University Housing. This deposit will be retained for the duration of the Contract as outlined in the contract terms.
Security Deposit Amount: $200.00
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 and payment of the required security deposit by Resident. 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 security deposit, 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 STUDENT 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. Security Deposit. The Resident must submit, before being assigned to the Room, a security deposit in the amount of $200.00 that holds the Room for the academic year. The security deposit will not be refunded to those who decide not to attend Youngstown State University or not to reside in University Housing for a full year. The Resident is required to maintain with the University the $200.00 security deposit during the term of this Contract. The $200.00 security deposit is held as security against damages to the Room, furnishings and residence hall facility, and non-payment of housing fees, as well as to ensure compliance with checkout procedures. The security deposit is refundable only to those Residents who complete the full term of this Contract in University Housing. The security deposit is returned to the Resident at the close of the academic year of the student’s final checkout when they will not be returning to any residence hall. Any damage to the room, furnishings or the residence hall facility, and unpaid housing fees will be applied to the student account prior to the deposit. Prescribed checkout procedures are given to the Resident prior to check-out and upon request. These procedures must be followed to receive a maximum refund of the security deposit. The Resident is responsible for any damages or charges. No credit of housing fees or security deposit is given if the Resident is removed for disciplinary reasons.
The University may apply the deposit against any charges on the students account to compensate the University for the following items prior to issuing any credit of the security deposit or any portion thereof to the Resident: (i) any failure to comply with move-out procedures, (ii) any damages to the Room, furnishings and/or residence hall facility in excess of normal wear and tear, (ii) any unpaid housing fees or fines, and (iv) any costs associated with preparing the Room for occupancy after a breach of this Contract by Resident.
After deduction for any of the items specified herein, the balance of the security deposit, if any, shall be applied to the Resident’s student account as a credit no later than thirty (30) days after the move-out date set forth in the Summary of Contract Terms. This credit may serve to lower the balance on the Resident’s student account or may result in a credit balance on the Resident’s student account. A credit balance will result in a refund to the Resident via Direct Deposit as prescribed by the University Bursar’s Office.
4. 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. 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 the first payment due date established by the University unless the Resident has enrolled in the University’s optional payment plan through the 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.
5. 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 the partial or full forfeiture of the security deposit. 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.
6. 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 person or 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 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 criminal 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 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 illegal drugs or illegal 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 University’s Code of Student Rights, Responsibilities, and 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 or equipment 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.
7. 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 their respective guests and invitees. 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. The Resident acknowledges that parking in the designated University Resident Only parking lots may be limited and that the Resident is not guaranteed the right to a parking space in the Resident Only parking lots as part of this Contract. The Resident agrees to be responsible for any damages to any Common Areas caused by the Resident or by guests or invitees of the Resident. The Resident and guests or invitees shall use the Common Areas at their own risk.
8. 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 absolute discretion, 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. 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.
9. 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. The University strongly recommends that the Resident obtain coverage through the University Health and Accident Insurance Policy (provided by United Healthcare) or obtain similar coverage. The Resident is responsible for contacting United Healthcare to acquire an insurance policy. 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.
10. Care of Room and Damage. The Resident is responsible for the care of the Room and agrees to keep the Room in a clean, sightly 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 or 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, guests of the Resident, or other individuals in the Room or residence hall with the Resident’s consent. 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, guests of the Resident or other individuals in the residence hall with the Resident’s consent. 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.
11. Right of Entry. The University affirms its respect for the Resident’s right to privacy in his or her 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, 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.
12. Resident Handbook. The Resident will receive a 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, Resident's guests and others present in the Room with the Resident's consent 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 Student Conduct. Student Conduct sanctions may include removal from the Room, residence hall and/or suspension from the University. No credit of housing fees or security deposit is given if the Resident is removed for disciplinary reasons.
13. Meal Plan. If the Resident is assigned to Cafaro, Kilcawley, Lyden or Wick House, then the Resident is required to participate in the University meal plan. Exceptions will not be made for food allergies. If the Resident has documented food allergies, 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 amount of time the Resident has had an active housing assignment and meal points (if applicable) are prorated on a weekly basis. Unused meal points are not refunded. In addition, if the Resident has exceeded the weekly allotment of meal points (if applicable), the Resident will be charged for the total amount that exceeds the weekly allotment. 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.
14. Housing During Academic Breaks. If the Resident needs to remain in University Housing during all or part of any break (i.e. winter break, spring break) during fall or spring semester, the Resident must request permission from the University in writing at least two weeks prior to the start of the applicable break. If the Resident is granted break housing the Resident may be assigned to temporary accommodations other than the Room. There is an additional charge for break housing. Break housing residents are expected to adhere to all break policies (i.e. limited guest hours, meal allotment).
15. Parking. As a full time student the Resident is entitled to a University Parking Pass. The Resident must request a designated Resident Parking Pass to have access to the Resident Only parking lots on campus. The Resident acknowledges that space in the designated University Resident Only parking lots may be limited and that the Resident is not guaranteed the right to a parking space in the Resident Only parking lots as part of this Contract.
16. Vaccinations. The Resident must submit to the University, as required by the State of Ohio, whether or not the Resident has been vaccinated against Meningitis and Hepatitis B. Information regarding required immunization information shall be provided to the Resident as part of this Contract.
17. 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 Housing, and the protection and preservation of their property. As a component of such, the Contract will require the Resident to undergo a criminal background search as to the existence and nature of criminal backgrounds. This policy shall apply to, without limitation, any individual graduate or undergraduate requesting housing on campus or currently residing on campus. Conviction of a crime may not necessarily render the Resident ineligible for University Housing, 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 on campus:
(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 occupancy, 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 and authorizes the University to obtain and review criminal records and dispositions as part of the application to reside in University Housing. The Resident understands that before the Resident is denied the opportunity to reside in University Housing 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 the University Housing 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.
18. 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). If notice is given prior to the move-in date as set forth in the Summary of Contract Terms, housing fees prepaid for a semester will be credited except for the $200.00 security deposit. 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 except for the $200.00 security deposit.
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 Housing Contract Review Board 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 of Housing & Residence Life in writing by deadlines established by the University. All decisions of the Housing Contract Review Board are final. 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 a prorated amount of fees for that semester based on the amount of time the Resident had an active housing assignment. The $200.00 security deposit is not refunded. The date of release is the date that the Resident has been checked out of the Room in accordance with University checkout procedures after having received notice of release by the Housing Contract Review Board, or the date the University receives written notification of cancellation from the Resident due to complete withdrawal.
IMPORTANT NOTIFICATIONS REGARDING CANCELLATION OF THE CONTRACT. If the Resident is permitted to leave University Housing once a semester has begun, housing fees will be prorated for that semester based on the amount of time the Resident has had an active housing assignment and meal points (if applicable) are prorated on a weekly basis. 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 or security deposit is given if the Resident is removed for disciplinary reasons.
19. 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.
20. 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 photo ID will be necessary to pick up a package from the front desk, and the University will only release packages to the addressee.
21. 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.
22. 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.
23. Choice of Law. This Contract shall be construed in accordance with the laws of the State of Ohio, regardless of the place of execution.
24. 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.
25. 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 security deposit and liability for payment of housing fees for the remainder of the Contract Term.