Housing Contract Terms & Conditions

WILLIAM JESSUP UNIVERSITY

ON CAMPUS RESIDENCE AGREEMENT: TERMS AND CONDITIONS

I.  GENERAL PROVISIONS

Housing Contract Terms and Conditions (2018-2019)

This On-Campus Residence Agreement (Agreement) is entered into between William Jessup University (the University) and the student resident identified above (Resident), effective upon execution by the parties.  This Agreement replaces any/all previous agreements between the parties concerning on-campus residency.  Subject to the terms and conditions outlined below, and availability, Resident agrees to obtain, and University agrees to provide, a Residence Hall or Apartment Room on the University premises.

1. OCCUPANCY TERM  

The term of this Agreement begins August 1, 2018 and, unless earlier terminated as provided herein, will automatically end on May 3, 2019.  Housing contracts are binding through the approved move-out at the end of the spring term. In coming/new spring and summer contracts are binding for that single academic term only.  Resident understands that Residence Halls are closed during Christmas break, as designated by the University, and will reopen the Saturday before classes resume in the Spring Term.  Resident acknowledges that if he/she does not arrange for Residence Hall occupancy in the school year following the conclusion of this Agreement, Resident must check-out no later than 24 hours after his/her last final for the term or by the last day of finals week, whichever is earlier.  Room occupancy otherwise concludes on, and Resident’s room must be vacated by, May 3, 2019.  (If Resident will be graduating, or has filed and received approval for an extended stay petition with the Residence Life and Housing Office, the final occupancy date for Resident’s room may be extended, to a date identified in writing by the University.)

2. ROOM ASSIGNMENT

Resident understands and agrees that assignment of a Residence Hall or Apartment Room  is subject to availability, and that in the event no rooms are available for assignment, then this Agreement will automatically terminate, without any further obligation on the part of the University.  Residents are expected to communicate with and to live cooperatively with roommate(s)/apartment-mate(s), to be respectful of differences, and to agree on living habits.  The University nevertheless agrees to use reasonable efforts to assign a Residence Hall or Apartment Room to Resident, provided Resident first fulfills the following conditions:

  1. Submission of a completed and properly signed online application, at http://housing.jessup.edu;
  2. If Resident is a RETURNING STUDENT submission of a $150.00 housing deposit (to be credited to Resident’s account upon completion of room assignment);
  3. Receipt of official admittance to the University or approval of an exception by the Dean of Students for the University;
  4. Receipt of approval by the Residence Life and Housing Office and Finance Office of the University;
  5. Payment in full of all debts to the University; and
  6. Execution of this Agreement.

3. ROOM RATES

Resident agrees to pay the Residence Hall or Apartment Room  rate, as established by the University, based on the nature of the room assignment made for Resident.  The room rates during the term of this Agreement are as follows:

Village Residence Halls:
Triple room                                                       $2300 per semester
Quad room                                                        $2900 per semester
Double room                                                    $2900 per semester
Single room (if available)                                $3900 per semester

Sunset Residence Hall:

Quad room                                                         $2900 per semester
Triple room                                                        $2900 per semester
Double room                                                     $2900 per semester
Single room (if available)                                 $3900 per semester

“The Block” Apartments:
Triple room                                                         $3000 per semester
Double room                                                      $3300 per semester
Single room (if available)                                 $4300 per semester

The University generally does NOT offer single room accommodations unless the student receives an approved accommodation from the Disability Support Services Office (DSS).  Accommodations are determined individually for each student through an interactive process and are based on functional limitations resulting from a documented disability.  Double rooms may in some cases be assigned as a single room (outside of DSS needs), subject to availability as determined by the University.  Such a room assignment will only be made after (1) submission of a written petition to the Housing Office, Residence Director, and Director of Residence Life, (2) a meeting with Residence Life Staff to discuss the petition, and (3) approval of the petition by the University. Such a room assignment will also result in an additional fee of $1000.00 per semester.

4. FOOD SERVICE

Resident understands that a material condition of this Agreement is that he/she participate in a campus meal plan, and agrees to elect a plan from the list of available options corresponding to his/her room assignment. The 19 Meal plan is the minimum required plan for all first time/first year students living in the residence halls. This requirement is for the whole academic year.  Students may increase their meal plan at any time. Students may decrease or cancel their meal plan based on the dates set by Residence Life & Housing staff and posted here. Meal plan usage is not available outside of contract periods (the weeks of Thanksgiving break, Christmas break, and spring break, food services are closed).  Exceptions may be made for medical reasons, upon written verification by a physician and with the approval of the Disability Support Services office.  Availability of food service will be as set forth in the schedule published by the University.  Resident will receive the amount of the chosen meal plan as credit on his/her University Student ID card to be used for the purchase of food with Bon Appetit, starting with dinner on August 26, 2018.  Resident may make use of the Bon Appetit block meals or flex dollars to pay for guest meals.  All credits towards weekly meal plans will expire on the last day of finals at the end of each term (Fall 2018 weekly plans end December 14, 2018), and credits towards flex plans will expire upon the close of the Academic year, May 3, 2019.

5. ELIGIBILITY  

  1. To be eligible to live in University housing during the academic year (fall and/or spring semester) or a summer session, the student should be a full-time William Jessup student during each semester of occupancy and be in good academic and/or financial standing. Students that are under not full-time status (under 12 units) or a graduate student may request housing and may be assigned if space allows.  When a returning student desires a summer accommodation but is not enrolled in summer school, the student may be assigned if space allows.  This will happen if 1) the student has a summer affiliation to the University and/or 2) the student is degree seeking and enrolled in the subsequent fall semester.  Full-time students are always given priority in the housing assignment process.
  2. Students who fall below full-time status during their contract are still bound to the terms and conditions of the housing contract. To petition for a contract release, contact the Residence Life and Housing Office to find out what information is needed. Students should be aware that contract releases are rarely granted.
  3. All William Jessup students are required to live on campus via the Residency Requirement.  A student can apply for Commuter Status if they qualify as a Commuter via the policyNational and William Jessup studies have shown that students who live on campus have higher grades, higher graduation rates, and higher satisfaction levels with their campus experience. Because we value students being in community so much, exceptions/exemptions will be rare and for very special circumstances.  After documentation has been submitted, the Residence Life and Housing Board of Review and Student Life officials will carefully consider the petition.
  4. Residents living on-campus for the fall term who do not complete their enrollment by the Spring enrollment deadline may not be eligible for on-campus housing. These residents may be required to remove all of their belongings and check-out with their RA before the holiday break.
  5. A student who would like to request an exception/exemption of the Residency Requirement/Commuter Policy based on a disability or medical condition must work with the Disability Support Services office to obtain documentation which supports the request.  The Residence Life and Housing Office does not have the expertise to evaluate financial aid; therefore, exemptions are not made based on financial need.

6. TERMINATION 

  1. Withdrawal from the university, graduation, marriage, military deployment, or acceptance to study abroad are the only accepted reasons for canceling this contract.  The student must notify the Residence Life and Housing Office (RLH) via their William Jessup e-mail account of their intent.  Residents who withdraw from school must also notify the Registrar Office and officially check-out with the Residence Life and Housing staff.
  2. Withdrawal will be based on the date all personal belongings have been removed and a walkthrough of the living area performed.  Students who withdraw will be billed according to the “University Refund Schedule” below.
  3. Resident understands that if he/she is dismissed from the University or University housing for disciplinary reasons, then this Agreement will automatically terminate as of the date of the dismissal.  Resident acknowledges that such a termination will result in forfeiture of all deposits and Resident will be liable for all residence charges for the semester in which the dismissal occurred.
  4. Resident understands that if he/she vacates the residence hall room or apartment in the middle of a semester during the academic year contract terms, the resident will be subject to the full semester room and board fees.  Resident is advised that a change in residential status may affect financial aid, and in the event housing plans change, he/she should contact the Financial Aid department.  Exceptions may be made as approved by the Office of Residence Life and Housing and the Finance Office.

Fees associated with Termination/Cancellation:

Once a student is assigned a space and/or occupies their room, they are not allowed to cancel or be let out of their housing contract unless approved by the Director of Residence Life and Housing and the Dean of Students (if approved, there will be a processing fee associated with terminating the full year contract).  In cases where a student must cancel a room reservation or be released from their contract prior to August move in (for the fall semester) and prior to January move in (for the spring semester), here are the fees associated with contract cancellations prior to moving in:

*Returning Students*

Cancellation without penalty before:      April 25 – [not applicable for Spring only housing] Cancellation $150 on or after:                  April 26 – [not applicable for Spring only housing] Cancellation $250 on or after:                  May 1 – [not applicable for Spring only housing] Cancellation $500 on or after:                  July 20 – [December 15 for Spring only housing] Cancellation $900 on or after:                  August 1 – [January 1 for Spring only housing] Cancellation period ends on or after:      August move in date (Fall) / January move in date (Spring)

*New Students*

Cancellation without penalty before:      July 10 – [December 20 for Spring only housing] Cancellation $150 on or after:                  July 11 – [December 21 for Spring only housing] Cancellation $500 on or after:                 July 20 – [December 26 for Spring only housing] Cancellation $900 on or after:                 August 1 – [January 1 for Spring only housing] Cancellation period ends on or after:      August move in date (Fall) / January move in date (Spring)

University Refund Schedule:

Students who cancel their contract on or after August 1, 2018 or January 1, 2019 will be responsible for the entire semester’s housing charge.  The only exception would be if a student gets married, has active military duty, or withdrawals from William Jessup University.  Students who withdraw during the semester will be billed according to the university refund schedule.  The amount will be prorated, based on the date that the resident vacates their room, complete the mandatory check-out process, and are cleared through the Residence Life and Housing staff.  The schedule is such:

Through the first week of classes 90%

Through the third week of classes 80%

Through the fourth week of classes 70%

Through the fifth week of classes 60%

Through the sixth week of classes 50%

Through the ninth week of classes 40%

After the ninth week of classes 0%

7. INSPECTION OF PREMISES

After a room is assigned to a resident, the resident agrees to inspect the premises, furnishings, and equipment in the assigned room, and to agree to a Room Inspection Form indicating the Resident has found the premises to be satisfactory.  If any damages need to be reported, Resident will email the Residence Director within 24 hours of receiving the room key.  Resident and University must agree on any exception items and write them on the form during the move-in inspection.  Resident will not be responsible for exception items, provided Resident ensures that the exception items are emailed to the Residence Director or the Housing Office within 24 hours of receiving the room key.  All plumbing, heating and electrical systems are deemed operative and satisfactory unless shown as defective on the exception-items list.

8. KEYS

After receipt of a room assignment, and completion of the room inspection, Resident will be issued a key for the assigned room and a keycard to access shared living areas in the unit.  Resident agrees to promptly report any lost key or key card, or damage to locks.  If Resident loses a key or key card, or damages locks, a replacement or repair charge will be assessed to Resident.  Upon vacating the room assignment for any reason, Resident agrees to promptly return all keys and key cards to the University or pay a replacement charge.  Replacement charges are $25 for key cards, and $50 for room key, with an additional lock-change fee to be added if the University deems necessary.  Resident understands that key card access to shared living areas is designed to give extra safety and security to residence, but that he/she must not leave the building door open or open the door for individuals without key-card access.

9. CHANGES IN ROOM ASSIGNMENT

Resident acknowledges that the University retains the right to make changes in room assignments when considered necessary by, and in the sole discretion of, Residence Life and Housing Office.  The University further retains the right to consolidate room assignments as vacancies occur.  If Resident is initially assigned to a single room, he/she may request consolidation, subject to availability.  Resident understands that failure to vacate a room at the time designated by the University may result in disciplinary action and a fee penalty.

10. NON-TRANSFERABLE / NO SUBLEASE

Resident understands that this Agreement is not transferable to any other individual and that Resident is not permitted to sublet the premises.

11. ROOM CHECK OUT

Resident understands that his/her assigned room will not be considered vacant until completion of the official check-out process and that an improper check-out will result in forfeiture of deposit and may result in a financial penalty.  Official check-out occurs when:

  1. All personal property has been removed;
  2. The room has been cleaned by Resident and any other occupants;
  3. An inventory of appliances and conditions has been completed, approved, and signed by a member of Residence Life staff and damage charges have been assessed, if any;
  4. Resident has signed a check-out form processed by a member of the Residence Life and Housing staff; and
  5. All keys (to the room and any other pertinent facilities) have been returned to the appropriate University staff member.

12. ABANDONED PROPERTY

Resident acknowledges that any personal items left in his/her assigned room will be removed at Resident’s expense.  Resident will then be notified and given two weeks (14 calendar days) to claim the items.  Resident understands that if no response is received within the two week period, the University will dispose of the items at its discretion.

 

II.  USE OF PREMISES AND CONDUCT

13. GENERAL STANDARD OF CONDUCT

Resident agrees to comply with the rules, regulations, and published policies of the University.  The terms of such rules, regulations, and published policies are incorporated herein as though set out in full.  Residents should refer to the University Catalog, the Student Handbook, and other appropriate University publications for specific information.  Resident further agrees not to violate any criminal or civil law, ordinance, or statute applicable to the use and occupancy of the Residence Hall or Apartment Rooms ; not to commit waste or nuisance; and not to annoy, molest or interfere with any other resident.  Any actions by Resident in violation of the standards of conduct in this Agreement may result in the immediate termination of this Agreement and Resident’s right to occupy his/her room.

14. THE COMMUNITY COVENANT

By entering into this housing Agreement, Resident acknowledges that William Jessup University is a Christ-centered institution of higher learning dedicated to the holistic formation of students — their academic, mental, physical, emotional, and spiritual formation — in a way that integrates faith and education.  Resident understands that Christian principles infuse the standards of conduct for all students, to form a common set of expectations, principles, and values for their shared experience at the University, that the resulting social compact — our Community Covenant — applies equally in the Resident Hall Room setting and that those Christian principles will be incorporated in the University’s application of its standards of conduct for on-campus residents.  Resident agrees that even if he/she does not share the Christian faith, he/she will nevertheless be expected to abide by the principles of the Community Covenant as it relates to life in on-campus housing.

15. GUESTS

Resident understands and agrees that overnight guests are not permitted without prior approval by the Residence Director or Director of Residence Life, and the consent of any other room residents.  Guests are required to register with residence directors upon arrival.  Resident may host a guest at no cost for three nights per semester, but will be subject to a $15.00-per-night fee, per guest, for every subsequent night.  Resident acknowledges that this fee does not entitle guests to meal services, and that any guest meals will be at Resident’s or the guest’s expense.  Resident understands that no individual guest may stay longer than five days during the term of this Agreement without approval by the Residence Director or Director of Residence Life.  Resident agrees to be responsible for the actions and conduct of his/her guests, and the guest’s compliance with all University policies and procedures, and further agrees to indemnify the University for any charges incurred as a result of the conduct of his/her guest.  Resident understands that any request for reimbursement for damages due to his/her guest’s conduct are payable upon receipt and upon failure to provide timely payment, the University, in its discretion, may elect to immediately terminate this Agreement, and demand that Resident immediately vacate the Residence Hall Room.

16. ROOM INSPECTIONS

Resident agrees that University personnel, upon authorization from the Director of Residence Life, may enter and inspect Resident’s room at any time, for institutional purposes related to maintenance, security, health and safety, and the enforcement of University policies and regulations.  Resident further agrees that the University may exercise its right to enter and inspect the room at any time, for any purpose, upon 24 hour notice to the Resident.  Resident acknowledges that the University institutional policy is that Residence Hall or Apartment Rooms may be checked as frequently as once per week, for the purpose of enforcing University maintenance and safety regulations.

17. PROHIBITION ON SMOKING, ALCOHOL, AND DRUG USE

Resident understands and agrees that following conduct is prohibited everywhere on the University campus, including in or around any Residence Hall and Apartment Rooms:  (1) smoking, whether tobacco, marijuana, or some other substance; (2) possession, consumption, or distribution of alcoholic beverages, or being present on campus in an intoxicated state; and (3) possession, consumption, or distribution of controlled substances, or possession of drug-related paraphernalia.

18. PET POLICY

Resident understands and agrees that no pets are permitted in Residence Hall or Apartment Rooms, with the exception of fish in a tank not to exceed five gallons in size.  The presence and location of a fish tank in a Residence Hall or Apartment Room is subject to prior written consent of the University, which consent may be revoked at any time.  Use of an Emotional Support Animals is permitted in the Residence Hall or Apartment Room, provided the appropriate documentation is provided from the Disability Support Services Office and provided to the Residence Life and Housing Office.

19. PACKAGE RELEASE

Resident authorizes the University to accept packages and deliveries from the US Postal Service, United Parcel Service (UPS), Federal Express, florists, cleaners, or other service industries.  Resident understands that this service is provided as a convenience to Resident and Resident agrees that University personnel are not responsible in the event of loss or theft of, or damage to, delivered items.

20. CABLE OR SATELLITE TELEVISION

Resident shall not contract for any additional cable or satellite services that would result in installation of any hardware to any part of a Residence Hall or Apartment facility.  Resident shall not affix cables or antennae to any part of his/her assigned room without the written permission of the University.

21. NO COMMERCIAL USE

Resident agrees not to us his/her room, or to permit it to be used, for any commercial purposes.  Commercial solicitation in any living area or university property is prohibited.

22. ROOM FURNITURE

Resident understands that he/she is responsible for the care of room furnishings provided by the University. Room furniture provided by the University is assigned to the specific room and is expected to be in that room upon check-out.  The University is not responsible for storing unwanted furniture.  Loss or damage to University provided furniture will result in a charge to the Resident for repair or replacement of the furniture.  Resident acknowledges that waterbeds or liquid filled furniture are not permitted in any Residence Hall or Apartment Room without the express permission of the University. No outside personal furniture is allowed in any of the Residence Hall common areas but is allowed in the Apartments, as university furniture will not be provided.

23. MOTOR VEHICLES

  1. Resident understands and agrees that use of motor vehicles on the University premises requires compliance with all state and federal legal requirements for driver licensure and the operation, registration, and insurance of motor vehicles.  All drivers must comply with posted speed limits on University premises.  No vehicles of any kind are permitted to drive on or over sidewalks or grass, for any purpose.  Vehicles must be kept in clean and operable condition.  Vehicles must be parked in accordance with campus guidelines or policies, including those that require consideration for neighbors to the University.
  2. The parking of boats, campers, recreational vehicles (RVs), and trailers is not permitted on University premises.  Vehicle repair on the premises is strictly prohibited.
  3. Resident acknowledges that in the event he/she engages in repeated violations of University policies regarding motor vehicle operation or parking, the University may elect to terminate this Agreement and Resident’s housing privileges.  Resident will also be held responsible for the motor vehicle operation and parking practices and violations of his/her guests.  The University’s parking rules and regulations can be viewed at http://my.jessup.edu/campussafety/parking/, and are incorporated herein by reference, as material terms of this Agreement.

24. VEHICLE TOWING POLICY

Resident acknowledges that the University retains the right to tow vehicles at any time, without notice, and at Resident’s expense, if the vehicle is parked in a red zone, handicapped space, fire lane, in front of trash enclosures, in a space reserved for other residents, or is otherwise blocking traffic flow on the University premises.  Vehicles that are inoperable, have no license plates, have expired license plates or have expired registration tags will also be towed at Resident’s expense; however, the University will make a reasonable attempt to provide Resident with a 24 hour written notice of such towing.  The University assumes no liability for condition of Resident’s car in the event it is towed.

25. ADDITIONAL RESIDENCE HALL RULES

  1. Consideration.  Consideration for other residents and students is to be exercised in the use of radios, televisions, and musical instruments.  All residents at the University are required to abide by quiet hours as set by the Residence Director and the University.
  2. Cleanliness:  Each resident is expected to cooperate in keeping the buildings and grounds clean.  Resident agrees to ensure that furniture is kept inside his/her room, and that unsightly items (as determined by the University in its sole discretion), are kept out of view.  Resident agrees to refrain from leaving personal items in the hallways or other common areas.  Resident further agrees to refrain from shaking or hanging clothing curtains, rugs and other coverings and clothes outside any ledge window or balcony.  Resident will not dispose of any combustible or hazardous material in trash containers or bins.
  3. Safety/Security:  Each resident is expected to cooperate in keeping the buildings and grounds safe for residents and guests. Resident agrees to ensure that all appliances are turned off before departing premises.  When leaving for an extended period, Resident will notify University staff of how long Resident will be away.  Resident also agrees to refrain from storing gasoline, cleaning solvents or other combustibles in his or her room.  Resident will not use charcoal barbecues on porches, balconies or patios adjacent to buildings, as such use constitutes a potential health and/or fire hazard.  Use of barbeques and/or propane grills indoors is prohibited.  Resident shall ensure that no personal belongings, including but not limited to bicycles and play equipment, are left unattended in the halls, stairways, breezeways or other areas about the building.

III.  PROVISIONS SPECIFIC TO UNIVERSITY APARTMENTS

26. APARTMENT RESIDENT RESPONSIBILITIES

Resident understands that if assigned to an apartment room, he/she is responsible for providing toilet paper, trash cans, and cleaning supplies for the apartment.  Resident will also be responsible for taking out all trash to designated trash containers located in the garage.

27. PARKING GARAGE & STORAGE

  1. Resident understands that, as an apartment resident, he/she may use garage spaces, but that all parking in the structure is unreserved, and on a first-come-first-served basis.  University garages are to be used for vehicle parking only, but the University reserves the right to ask vehicle owners to remove vehicles that appear to have been parked for more than one week.  The University also reserves the right to restrict garage parking due to maintenance or safety-related concerns.
  2. Resident agrees not to use the garage for non-vehicular storage, or to park any type of recreational vehicle, a truck larger than one ton, or other vehicle that is too large for the garage space, as determined by the University.  Resident also agrees not to use the garage space as storage for commercial equipment, vehicle parts, or inoperable vehicles.  Resident will not, under any circumstances use the garage, apartment, or storage space for flammable or toxic chemicals and/or waste.
  3. Resident agrees to be liable for, and to reimburse the University for, any costs associated with removal of unauthorized materials placed in the garage by Resident or damage to the garage or other vehicles in the garage, arising from Resident’s carelessness or negligent driving.  The University shall not be liable for theft, damages and/or destruction of any vehicles or personal property in the garage, nor shall the University be liable for any injury to Resident or guest of the Resident arising out of use of the garage.

28. MOLD NOTIFICATION

In the event that Resident requests or receives a room assignment to a University apartment unit, he/she is hereby notified of the possibility of the presence of mold in such units.  Problems with mold can arise when moisture builds up inside apartments, thereby permitting mold and mildew accumulation and growth.  If not addressed, accumulations of mold and mildew can potentially lead to adverse health effects in some people, such as allergy symptoms or respiratory problems.  It is important that all residents take special care to prevent excessive moisture build-up within University apartments, and to report the presence of mold if discovered.  More specific information on mold and mildew issues, and how to prevent and identify them, can be obtained from the California Department of Health Services (DHS) in an indoor air quality information sheet entitled “Mold in My Home:  What Do I Do?”  March 1998, available at the DHS Website at http://www.dhs.ca.gov.  Resident agrees to take proper steps to minimize interior moisture and to report to the University any suspected presence of mold or mildew in his/her apartment unit.

IV. ALLOCATION OF RESPONSIBILITY

29. ROOM REPAIRS

The University is responsible for the maintenance and repairs of the buildings, including such items as plumbing, electrical, and mechanical.  Resident agrees to report any and all maintenance needs immediately to the resident assistant, or to complete a maintenance request form (available at http://my.jessup.edu/it/student-maintenance-request/).  Resident agrees to be responsible for any damage to the room beyond normal wear, including damage to walls from the use of nails, stickers, contact paper, and other adhesives.  Resident is not permitted to make alterations of any kind to his/her assigned room.  Decorations including, but not limited to, painting, wallpapering and window coverings, may be installed by Resident, with written consent of the University, but when Resident vacates the room, for any reason, all such decorations and alterations must be removed and the room returned to its original condition.

30. DAMAGE CHARGES

Resident agrees to maintain his/her assigned room and adjoining common areas in good order and condition, and to leave the premises in the same condition as it was received, subject to normal wear and tear.  Resident understands and agrees that he/she is individually responsible for any damages to his/her room and is collectively responsible for damage to adjoining common areas.  The University, through the Residence Life and Housing Office, reserves the right to assess Resident for damage to his/her room and for a prorated share of expenses for repair or replacement of the property in the common areas of the unit.  Damage charges will be billed directly to Resident’s account and are payable upon receipt.  Resident further agrees to pay the University for costs to repair, replace, or rebuild any portion of the University premises, including all buildings, property, fixtures, etc. owned/leased by the University, where such structures have been damaged by Resident, or Resident’s guests or invitees.

31. PROPERTY LOSS

Resident’s property is not insured by the University, and the University shall not be liable for theft, destruction, loss of money, valuables, vehicles, or other personal property belonging to, or in the custody of, the Resident for any cause whatsoever.  The Resident is not a co-insured and is expressly excluded from any insurance policy held by the University which is now in effect or becomes effective during the term of this Agreement. The University encourages Resident to secure all personal belongings and obtain individual property and/or renters insurance to protect against loss.

32. MOVE OUT PROCEDURES & CHARGES

After a Resident submits a Notice to Vacate to the University, he/she may request a preliminary move out inspection; the inspection will take place within 14 days of Resident’s move out date.  During this Preliminary inspection, University personnel will identify all expected move out charges and present Resident with a cleaning list.  Resident tenders possession to the University by returning keys to University personnel any time before the move-out date indicated on Resident’s Notice to Vacate.  It is Resident’s responsibility to obtain a written receipt for the keys at move out.  Fees will accrue on Resident’s account until keys have been tendered to University personnel.  It is highly recommended that Resident walk the unit after tendering keys and possession of unit to University personnel.  University personnel will list all major cleaning and/or repair items and will provide to Resident an estimate of the move out charges as identified on the Room Condition Form. Expected move-out charges are as follows:

  1. Cleaning.  Room cleaning charges are not wear and tear.  Resident agrees to return the unit to the University in the same level of cleanliness as when Resident moved in.  If Resident fails to return the unit in this same level of cleanliness, the University will charge the following rates to clean the unit for the Resident(s) after move out.

Trash removal from unit      $25 minimum

Regular Clean                          $175 or more

Heavy Clean                            $235 or more

b.   Carpet Shampoo.  Carpet cleaning charges are not wear and tear.  Resident agrees to return the unit to the University with the same level of carpet cleanliness as when Resident moved in.  If Resident fails to return the carpet in the same level of cleanliness, the University will assess a basic cleaning charge of $75, and any stain cleaning or repair over and above a basic clean will be charged at the actual cost of the treatment.

c.  Painting.  Wall painting is a wear and tear item.  Resident agrees not to touch up paint in his/her assigned room.  Attempts to repair holes are discouraged because of the difficulty in repairing textured wall surfaces so that the repair is not noticeable.  Resident will be charged for any attempted repairs to the wall surface.  Touch-Up charges may be up to $250.  NOTE: Certain cooking odors and smoke damage may require full paint, regardless of your length of residency.  Charges will be assessed accordingly.

d.   Carpet and linoleum replacement.  Resident will be assessed an amount equal to the University’s actual cost for carpet or linoleum replacement in Resident’s room.

e. General labor/cleaning.  Any necessary general cleaning and other services, will be assessed to Resident at a rate of $20.00 per hour, including but not limited to labor for trash removal; washing of floors, doors, doorframes, switch plates, shelving, heat registers; removing contact paper, cork, mirror tiles and wallpaper; and any other miscellaneous cleaning or repair services, other than that required to remedy damage caused by ordinary wear and tear.  Nothing herein shall be construed as a limitation upon the University’s rights to pursue a claim for damages not specifically listed herein.  NOTE: No outside cleaning company is permitted on campus without the express permission of the University.

 

V. ADDITIONAL PROVISIONS

33. RECOGNITION OF RELIGIOUS FREEDOM RIGHTS

Resident understands and agrees that the University is a religious corporation, with rights, protections, and guarantees afforded to it under the law.  Resident further agrees that nothing in this Agreement shall be interpreted or construed as a waiver by the University, either expressly or by implication, of any rights, protections, or guarantees afforded to it under the religious freedom clauses of the California and United States Constitutions, or any rights or exemptions under state or federal statutes pertaining to religious organizations or the protection or guarantee of religious freedom rights.

34. INDEMNIFICATION

Resident agrees to indemnify, protect, defend and hold harmless the University, and its respective directors, officers, employees, and agents, with respect to any and all claims, liabilities, liens and demands (including reasonable attorneys’ fees, costs and expenses) which may arise out of any negligent or willful acts of Resident or Resident’s invitees, while using or occupying the University premises.

35. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

36. ARBITRATION OF DISPUTES

Resident understands and agrees that any dispute, claim or controversy of any kind (including but not limited to tort, contract and statute) arising under, in connection with, or relating to this Agreement shall be resolved exclusively by binding arbitration, in accordance with the commercial rules of the American Arbitration Association or the Judicial Arbitration and Mediation Service (JAMS) then in effect and the provisions of Code of Civil Procedure section 1280 et seq.  The parties agree that any arbitration award arrived at pursuant to this section will be binding on the parties, will be enforceable, may be entered in any court with jurisdiction, and will be subject to challenge and review only as set forth in Code of Civil Procedure section 1285 et seq.  This arbitration clause constitutes a waiver of the parties’ right to a jury trial.  The parties agree to share all costs of arbitration and to bear their own attorneys’ fees and expenses.

37. SEVERABILITY

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.  If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

38. WAIVER

The failure of the University to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of the University’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

39. CONSTRUCTION OF AGREEMENT

This Agreement shall not be construed against one party or the other as to its preparation, but rather shall be deemed to have been prepared by both the University and the Resident.

40. ACCEPTANCE OF AGREEMENT

By executing this Agreement, Resident acknowledges agreement to, and will be obligated to the terms and conditions of this Agreement, and such shall constitute acceptance of this Agreement.