Acceptance of Contract Terms and Conditions
Definitions
For purposes of this Agreement, the terms below have the following meanings:
Agreement: The 9-Month Housing Agreement for Fall 2024–Spring 2025.
Agreement Period: From August 23, 2024, or beginning on the assigned check-in date, through May 3 ,2025.
Cancellation: Ending the Housing Agreement before Check-in.
Check-In: Obtaining room keys from HRL regardless of whether the student is physically occupying the space.
Check-out: Returning keys to the location designated by the University.
Common Areas: All areas in the assigned residence hall other than the student’s room, including, but not limited to, bathrooms, building entrances, hallways, kitchens, laundry rooms, living rooms, lounges, and stairwells.
Housing Application Fee: A payment of $100 is required to apply for on-campus housing.
Meal Plan: All students living on campus must purchase a meal plan that provides 16 meals per week.
Occupancy Period: The period commencing at check-in through May ,2025 or check-out, whichever occurs first.
Room Change: Moving from one room to another room within on-campus housing.
Roommate/Suitemate: Students assigned to share a room and/or common area within the suite.
Student ID Card: A University identification card with many uses, including access to HRL facilities and the meal plan.
Termination: Ending the Housing Agreement after Check-In.
Room: A space assigned to the student within University Housing.
University: Cleary University.
General Provisions
I agree to all terms and conditions of this Agreement and acknowledge this Agreement is binding once I electronically sign and submit it online. This Agreement is entered into by and between the University and me, a University student, for my use and occupancy of a room according to the terms specified herein. This Agreement is a legal and binding document between the University and me. The University and I intend for this Agreement to constitute a license for the use of a room and common areas as assigned by the University, and further, this Agreement will not constitute a lease and will not create or transfer an interest in or a lien upon real estate. The relationship created by this Agreement between the University and me is that of licensor and licensee, not that of landlord and tenant. My use and occupancy are being provided incidental to the provision of educational services by the University. I may not transfer or assign this Agreement, or the right to occupy my assigned room, or any other rights or benefits granted hereunder, to another person. This Agreement is for the entire Agreement Period, including Fall 2024 semester and Spring 2024 semester. The information provided by me in my housing application is true, complete and accurate. If the University determines that I have provided untrue, incomplete or inaccurate information, the University will have a basis to declare me in breach of this Agreement, take disciplinary action against me, and/or require that I check-out of my room immediately. All charges in this Agreement for the related service or action represent a reasonable approximation of the University’s administrative costs, and I will be financially responsible for all payments as stated in this Agreement. My failure to comply with any term of this Agreement shall be grounds for the University to declare me in breach of this Agreement and require that I check-out of my room and may result in other action against me by the University including, but not limited to, disciplinary action, termination of this Agreement, future ineligibility to reside in University Housing, and the collection of outstanding debt plus recovery of collection agency fees. The University will not disclose information relating to my student record, housing application, and assignment information as required by state and federal law. If I am seeking accommodation for a disability, I must contact Doug Stein, Provost, at dstein@cleary.edu or 1-800-686-1883 ext 1620.
Eligibility
I represent and warrant that I am eligible to reside in on-campus housing because I currently am or have been accepted as a student at the University; will maintain my status as a registered University student throughout the occupancy period; am or will be at least 18 years of age at the time I check-in; and have not been dismissed from any on-campus housing facility. If at any time after I have submitted this Agreement, I become ineligible under the eligibility criteria stated above to reside on-campus, I agree to inform the University in writing at housing@cleary.edu of my ineligibility and check-out within 24 hours.
Criminal Offenses
If I have been arrested for, with prosecution ongoing, or convicted of a sex offense; or have entered a deferred adjudication Agreement relating to a sex offense; or have been or currently are under active supervision by any state, territory or foreign country related to a sex offense; or have been or are required to register as a sex offender; I must notify the Campus Safety Officer, George Horn, in writing at ghorn@cleary.edu at the time this Agreement is submitted, and I acknowledge that the University has the discretion to determine whether my application to reside in on-campus should be accepted, and to assign me to a particular room deemed appropriate by the University. If, after submitting this Agreement and my housing application, I am arrested for, convicted of, or found to have committed a sex offense, enter a deferred adjudication Agreement relating to or placed under active supervision by any state, territory, or foreign country relating to a sex offense; or required to register as a sex offender; I will inform HRL my offense in writing to the Campus Safety Officer, George Horn, at ghorn@cleary.edu within 24 hours. I further agree that I will provide Campus Safety with all requested information regarding the event(s) at issue. HRL has the discretion to require that I check-out of my room within 24 hours of said notification HRL retains the ability to change that determination and require I check-out as additional information is obtained by Campus Safety.
Check-in
Check-in dates and times for each semester covered by this Agreement are August 3, 2024 for Fall 2024 semester and January 5, 2025 for Spring 2025 semester. Any request to check-in after12 noon on the first day of classes must be submitted in advance to the University at housing@cleary.edu. If I am assigned to a room after the Agreement Period begins, my Agreement will begin on my assigned check-in date. My check-in date will be provided with my assignment information.
Early Arrival Housing
I may request to move in early if I have a University-approved requirement to be on campus prior to formal Check-in (e.g. athletics, approved housing accommodation, RA staff, international students, etc.). The University will notify me via my Cleary email address as to whether my early arrival housing request is approved. If my early arrival request is approved, I may be assigned to a temporary space for some or all of the early arrival period and must comply with room change instructions and deadlines sent by the University. If I am approved for early arrival housing and check-in before the Agreement Period begins, the provisions of this Agreement begin on the date I check-in. If I cancel my housing application after moving into my early arrival housing assignment, I will be charged for the entire year (Fall and Spring semester).
Room Assignment
Submission of a housing application or Agreement does not guarantee me a room in University Housing. I may be assigned to any available room regardless of assignment preferences expressed by me including, but not limited to, building, room type, and roommate request. The University may release my name, University email address, and telephone number to my assigned roommate(s). The University reserves the right to reassign me to a different room at any time for any reason that is reasonable under the circumstances including, but not limited to, the welfare of residents, a violation of the Student Code of Conduct, to accommodate facility operations or repair, to accommodate students with disabilities, to use available space more efficiently, or to further the best interests of the University and/or its community. I may be required to move with 24-hour notice. If a space is available in my room, I may be assigned a roommate without prior notification. If a space is available in my room, I will keep the available space clean and accessible. If I fail to do so, I will be charged $50 per day until the space is clean and accessible, and I may be subject to disciplinary action.
Meal Plan
I must pay for a 16 meal per week dining plan. I must present my Student ID to Dining staff prior to receiving food at each meal. Failure to comply with Dining staff may result in disciplinary action. During fall break, Thanksgiving break, and spring break, there will be no meals provided on campus. If I check-out prior to the end of the Agreement period and am no longer registered for classes, the meal plan charges for the remainder of the Agreement period will be prorated. Dining service, including where and how it will be offered to residents, is subject to the discretion of the University and is subject to modification to address public health concerns. Students with special diets will not be exempt from the meal plan. If I have a special dietary need, I will schedule a dining consultation with the Director of Campus Dining and Hospitality, Jim Batsakes, at jbatsakes@cleary.edu or 1-800-686-1883 ext 1911.
Room Charges
I will be charged for and will pay the room rate established by the University for the room type to which I am assigned. My room rate includes electricity, internet access, laundry, water, sewer, and garbage services. A temporary failure in utility service is not a breach of this Agreement. If I am assigned a room and do not cancel before moving in, I will be charged for the entire year (Fall and Spring).
Payments
I will pay my housing and meal plan charges according to the dates the Business Office requires. If I fail to make payments as required by this Agreement, my Agreement and assignment may be terminated. During my occupancy period, all billing adjustments and charges placed on my account are due by the date the Business Office requires. I will make payments in one of the following manners: Visa, MasterCard, American Express or Discover credit/debit card, check, or money order. I may be assessed a late payment charge if my account is not paid in full by the payment due date. If I have any questions about my account or if my payment will be late, I will contact the Business Office businessoffice@cleary.edu before my account becomes delinquent.
Community Standards
I agree to abide by all regulations, policies and standards of the University. I agree to be held responsible for the behavior of any guests or visitors I host in the residence halls.
Room Changes
I may only make a room change with prior written approval by an authorized University staff member. 2. If I wish to change my room, I must follow all room change procedures. If I do not follow proper room change procedures, I will be charged an improper room change fee of $50 and will be required to return to my original assigned space. I will be charged the room rate for the new room effective the date my room change begins.
Entry and Inspection
When performing routine health and safety inspections or preventative maintenance, the University will give me at least 24 hours’ notice of its intent to enter my room or common area. University staff, contractors, and designees have the right to enter my room and common areas and I will not be given prior notice in the event of an emergency or if I request repairs or maintenance. University staff, fire safety officials, and/or law enforcement may enter areas outside my room unannounced to conduct rounds concerning health, safety or security checks, to enforce Community Standards and other policies, or to investigate possible criminal activity.
Check-out
When I check-out of my room, I will follow proper check-out procedures. Prior to my check-out, I will remove all of my personal belongings from my room and common areas and follow the cleaning guidelines. If I do not remove my personal belongings, the University may dispose of them at my expense. If I do not return my keys, I may be assessed a lock change charge to secure my room, plus an additional charge for my unreturned key. When I check-out, I will leave my room and common areas and all furnishings in good order and repair except for reasonable wear, and pay any repair, replacement and/or cleaning costs as determined by the University. It is my responsibility to keep my local address and permanent address current with the University and to submit a change of address to the USPS upon check-out.
Emergency Closures
The University’s inability to make a room available to me for any reason beyond the University’s control including, but not limited to, natural disaster, fire, flood, earthquake, condemnation, pandemic, epidemic, endemic or other public health emergency, quarantine, utility malfunction, infestation, or other emergency or force majeure event shall not constitute a breach of this Agreement by the University. In such circumstances, the University shall have no liability to me in any way for injuries, reimbursement, damages, inconvenience, annoyance, or compensation of any kind. The University may attempt to find, but cannot guarantee, an alternative space for me.
Injury or Property Loss
The University shall not have any responsibility or provide any compensation for any injury to me or any guest of mine, or for loss or damage to my property or that of any guest of mine, except to the extent caused by the University’s negligence. I acknowledge that the University recommends that I carry appropriate insurance against such injury, loss, or damage. I acknowledge that the University does not promise, warrant, or guarantee the safety or security of me or any guest of mine, or of my personal property or the personal property of any guest of mine against the actions of other parties. Nothing in this Agreement shall be construed as being intended to protect any person or class of persons from injury or harm. If there is loss of or damage to my property or that of any guest of mine for any reason beyond the University’s control including, but not limited to, natural disaster, fire, flood, earthquake, condemnation, pandemic, quarantine, utility malfunction, infestation, or other emergency or force majeure event, the University shall have no liability to me or any guest of mine for reimbursement, damages, inconvenience, annoyance, or compensation of any kind.
Community Health Standards
I understand that all residents are prohibited from behavior that would create 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. I will comply with health and safety laws, orders, ordinances, regulations and health and safety guidance adopted by the University or HRL as it relates to public health crises.
