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  1. 1. PROCESSING FEE: A $50.00 processing fee shall be payable at the time of selecting a housing space. The processing fee is nonrefundable unless the student does not select a housing space or does not fully complete a Housing Agreement.
  2. 2. RENTAL DEPOSIT: A $100.00 deposit shall also be payable at the time of the payment of the processing fee. The deposit will be refunded only if the student:
  3. 1) Cancels the Housing Agreement before the cancellation deadline as found in paragraph 6 of these Terms and Conditions,
  4. 2) Does not select a housing space,
  5. 3) Is released for reasons as specified in paragraph 20b
  6. MY UNIVERSITY will apply the rental deposit to any of the following outstanding obligations of the student:
  7. a) Past due rent owed under the Terms and Conditions of this agreement,
  8. b) Damage to any part of MY UNIVERSITY's housing property done by the student individually or by persons invited on the property by the student beyond reasonable wear and tear,
  9. c) Other costs provided for in this agreement, and
  10. d) Cleaning of the housing space, unless reasonably cleaned by the student, reasonable wear and tear excepted.
  11. At the time of termination of the Housing Agreement, the balance of any deposit or any prepaid rent will within 30 days be deposited in the student's university account and a written itemization of any deductions from the deposit, and reasons therefore, will be posted to the student's My Housing Account message board, or within 15 days after the student provides the Campus Accommodations Office with the student's new mailing address the balance of the deposit and any explanation concerning any deductions will be posted to the student's My Housing Account message board. However, if there is damage to MY UNIVERSITY's housing property this period shall be extended to 30 days.
  12. 3. DELINQUENT PAYMENTS: A late fee of $30.00 will be charged when an account becomes 10 days past due. Each month that the account is not brought current an additional $30.00 late fee will be assessed. In addition to assessing late fees, the university reserves the right to place holds on a student's meal plan, class registration, and transcript until the account is cleared.
  13. 4. ELIGIBILITY CONDITION: In order to be eligible for housing, the student must be enrolled at MY UNIVERSITY with a minimum of 9 credit hours during each semester. Any exceptions to this minimum requirement are left to the sole and unfettered discretion of the Office of Residence Life.
  14. 5. HOUSING TERM: The agreement begins and ends at 10:00 a.m. on the dates specified on the agreement.
  15. Students who have not checked in by the first day of classes may lose their room assignment and may have their agreement cancelled.
  16. 6. CANCELLATION DEADLINES: The Housing Agreement may be cancelled without penalty if the student cancels the earlier of:
  17. 1) 90 days prior to occupancy,
  18. 2) Within 10 days of first submitting an agreement for the specified housing term, or
  19. 3) 5 days prior to first occupancy if the date of room selection is within 10 days of the date of first occupancy.
  20.  
  21. However, no cancellation right will be afforded to any student who signs a Housing Agreement as a replacement for a prior student agreement.
  22. 7. MEAL PLANS: Helaman Halls residents are required to have a meal plan as shown below:
  23. • Winter Semester - Dining Dollars Blue Meal Plan, or
  24. • Winter Semester - Open Door 7 Meal Plan, or
  25. 8. HOUSING STANDARDS: Students agree to conduct themselves in accordance with the CES Honor Code, and to abide by the published Housing Guidelines at www.MY University.edu/oncampushousing. (CES Honor Code and the Housing Guidelines are incorporated herein by reference). Failure to comply constitutes a material breach of this agreement. MY UNIVERSITY reserves the right to amend the Housing Guidelines from time to time by giving thirty (30) day notice in writing of any change. Upon receipt of notice it is agreed that such change will be a modification of this Agreement and the student will be held responsible for the change.
  26. 9. RIGHT OF PRIVACY AND INSPECTION: In the case of an emergency which threatens life or property, MY UNIVERSITY may enter the housing space assigned to the student without consent, but MY UNIVERSITY will use its best efforts to provide notice before entry if practicable. In all other cases, including but not limited to inspections, making repairs, or exhibiting the space, MY UNIVERSITY and/or its representatives, e.g., contractors, may enter after at least 12 hours' written notice. Such written notice may be given by actual delivery of notice to the student or a roommate or by posting a notice in a conspicuous place stating such intent to enter. MY UNIVERSITY may enter the housing space after 12 hours' written notice during reasonable hours and after knocking. Whenever the student requests MY UNIVERSITY to make repairs, consent is deemed to have been given to MY UNIVERSITY to enter without providing 12 hours' notice, but only to make the requested repairs and only after knocking and at reasonable hours. If the student refuses to allow MY UNIVERSITY lawful access, MY UNIVERSITY may terminate the student's agreement and/or charge the student for all related damages, if any.
  27. 10. ALTERATIONS: Students shall not paint, wallpaper, add or change locks or make other alteration to the property without MY UNIVERSITY's prior written consent.
  28. 11. TRANSFERS/CONSOLIDATIONS: MY UNIVERSITY reserves the right to transfer or consolidate students to a location other than the originally assigned or selected housing space.
  29. 12. REASSIGNMENT TO ACCOMMODATE A DISABILITY: Students assigned to or who select housing spaces which have been designed to be accessible for students with disabilities may be required by MY UNIVERSITY at any time to move to a different room should there be a need to use the housing space to accommodate another student's disability.
  30. 13. BUILDING ACCESS: A charge for re-keying will be assessed for all lost keys or keys not returned upon termination of the agreement. MY UNIVERSITY identification cards are used for access into Helaman Halls, and access into apartments and buildings of 7 thru 30 Heritage Halls. Identification cards are nontransferable. If a card is lost, the student must immediately deactivate the card in myMY UNIVERSITY.
  31. 14. MAINTENANCE: Students shall properly use all furniture, furnishings, appliances, and electrical and plumbing fixtures, and keep them as clean and sanitary as their condition permits. Excluding reasonable wear and tear, the student shall notify MY UNIVERSITY and pay for all repairs and replacement caused by the student or the student's invitee's negligence or misuse.
  32. 15. PEACEFUL POSSESSION AND EXERCISE OF RIGHTS: All students living in rooms where computers, web cameras, and/or other image recording/transmitting devices exist should discuss with their roommates appropriate parameters for such equipment's use to provide appropriate privacy and comfort for all residents. Students unable to agree on parameters should notify their Hall Advisor.
  33. 16. PERSONAL PROPERTY: The student's personal property is not covered by any insurance provided by MY UNIVERSITY and the student is strongly encouraged to obtain renters insurance. Students living in MY UNIVERSITY Housing hereby waive all claims against the university for loss of or damage to clothing, valuables, or other personal property, including money, even if such loss or damage is the result of negligence on the part of the university, its employees, or its agents.
  34. 17. RISK OF PERSONAL INJURY: Students agree to release MY UNIVERSITY from liability for personal injury to the student or the student's guest, even if such results from the negligence of MY UNIVERSITY.
  35. 18. NO RIGHT TO ASSIGN OR SUBLET - LIMITED RIGHT TO PROVIDE A SUBSTITUTE TENANT: The Housing Agreement is between MY UNIVERSITY and the student designated on the face of the agreement. Students may not sell or assign the agreement. Students may submit a Petition for Agreement Release and MY UNIVERSITY may in its unfettered discretion decide to accept a replacement.
  36. 19. EARLY TERMINATION: Students may terminate MY UNIVERSITY Housing and remain in school if:
  37. a) They marry, in which case they may be released from their agreement seven days prior to the marriage. Students must submit a Petition for Agreement Release prior to termination and a copy of the marriage certificate must be given to the Campus Accommodations Office within 30 days of termination.
  38. b) They move home with parents who have moved to Utah County during the agreement period. Students must submit a Petition for Agreement Release with verification of the recent move prior to termination.
  39. 20. WITHDRAWAL, SUSPENSION, EXPULSION OR DISMISSAL FROM THE UNIVERSITY: Students who are suspended or dismissed, or who choose to withdraw from the university prior to the end of the agreement period, must contact the Discontinuance Office and the Hall Advisor, and submit a Petition for Agreement Release to request a release from the agreement. These students are subject to the following conditions:
  40. a) Withdrawal, suspension or dismissal from the university is considered a material breach of the agreement requiring the student's immediate removal from MY UNIVERSITY Housing and payment of all existing and future obligations under the agreement unless the student's withdrawal is for reasons listed in paragraph 20(b).
  41. b) A student is charged until the date of release from the housing agreement if withdrawing and receiving a deferral for one of the following reasons: mission, marriage, military, medical reasons, or graduation. The student is responsible for providing appropriate verification of reasons for withdrawal from MY UNIVERSITY Housing within 30 days after termination. Refunds due to students because of withdrawal from MY UNIVERSITY Housing will be issued within thirty days from the withdrawal date.
  42. c) If a student who has signed an agreement withdraws from the university and receives a release from the housing agreement, and then returns as a student during what would have been the agreement period, the student must fulfill the remainder of the agreement.
  43. 21. TERMINATION OF MY UNIVERSITY HOUSING: In any of the following instances, MY UNIVERSITY may declare a material breach of the agreement and elect to terminate the agreement and remove the student from MY UNIVERSITY Housing:
  44. a) Failure of the student to make any payment required under the agreement when due.
  45. b) The cost of damages caused by negligence of the student or his or her guest(s) exceeds the amount of the deposit.
  46. c) The student causes material, substantial, or continuing breach of the agreement.
  47. d) The student violates the CES Honor Code or the Housing Guidelines. The decision about whether a student has violated the CES Honor Code or other standards sufficient to be removed from MY UNIVERSITY Housing is up to the Office of Residence Life; action taken by any other division of the university including the Honor Code Office does not preclude the Office of Residence Life from determining that there has been a material breach of this agreement.
  48. e) The student endangers human life (including threats of suicide); or threatens physical harm against other students; or repeatedly harasses, annoys, or disturbs other students.
  49. f) The student intentionally damages, defaces, or destroys MY UNIVERSITY property; or intentionally damages, defaces, or destroys the property of or threatens physical harm against other students or university employees.
  50. g) The student suffers, permits, or maintains any nuisance, or health or safety hazard in the space on MY UNIVERSITY property.
  51. h) The student uses the premises for unlawful purposes or contrary to university policy.
  52. If termination is sought by the university, the student will have the obligation for all past and future amounts owed under the agreement.
  53. 22. PERSONAL CARE REQUIREMENT: The student must maintain reasonable standards of personal care without requiring the assistance of housing personnel or other residents. Because the university does not provide attendants for students requiring assistance with personal care, such students must arrange for attendant services at their own expense. The university reserves the right to require a student to retain an attendant, if one is warranted by the student's specific circumstances, in order to meet this requirement. If a prescribed service or emotional support animal is left unattended, the animal will be boarded and any incurred expenses will be the sole responsibility of the owner.
  54. 23. UTILITIES: Wyview Park residents are responsible for electricity which is billed separately by the university to the tenant’s university account. Billing originates from Provo City and includes all applicable fees and taxes. MY UNIVERSITY agrees to pay for the tenant’s reasonable use of water, garbage, sewer, natural gas, and internet.
  55. 24. TECHNOLOGY SERVICES: All use of the MY UNIVERSITY network must comply with the "MY UNIVERSITY Wired and Wireless Network Terms of Use". See it.MY University.edu/go/termsofuse. Specific details of all Technology Services in on-campus housing and a list of which residences have which Technology Services can be found on the Office of Information Technology (OIT) homepage at it.MY University.edu.
  56.  
  57. Apartments have wired or wireless internet access that can be used by tenants.
  58. 25. ATTORNEY'S FEES: In any action or proceeding arising out of the agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.
  59. 26. ACCEPTANCE BY STUDENT: Acceptance of a MY UNIVERSITY Housing Agreement is the student's acknowledgment that he or she has read, understood, and agreed to the Terms and Conditions, including, without limitation, the Terms and Conditions relating to payment of late fees, termination and the CES Honor Code.
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