2018-19 Heritage Commons Apartment Contract

PLEASE NOTE: THIS IS A BINDING LEGAL CONTRACT FOR THE FIRST AND SECOND SEMESTERS OF THE ACADEMIC YEAR 2018-2019.

1. TERMS OF AGREEMENT

I understand that this contract obligates me to pay the room rent and board charge (meal plan is optional) for both first and second semesters of academic year 2018-2019. I further understand that a release from this contractual obligation will be made only upon written notification of graduation, marriage, student teaching, co-op, study abroad or internship (where it is necessary for the student to live in another community), or withdrawal from the University. I understand this only releases me for the semester I am away, and if I return at anytime during the 2018-2019 academic year, I will be bound to this contract. Rates are subject to adjustments which may be enacted by the Miami University Board of Trustees; provided, however, that the combined room rent and board charge may not be increased by more than $25.00 per semester.

2. ACADEMIC YEAR

The term "academic year" as used in this contract includes the first and second semesters. The academic year as stated in the official University Calendar begins on August 27, 2018 and ends on May 17, 2019 (the period between semesters, Winter Term, Thanksgiving and Spring recesses are included in this contract; dining halls may be closed or have limited services during these periods). Residents are to occupy their assigned spaces only in accordance with instructions in their letters of assignment. Policies will be enforced and charges may be assessed for occupancy during periods not covered by this contract.

3. PAYMENT

For those preregistered, the room rent must be paid for each semester by the date shown on the invoice of fees and charges. Those not preregistered must pay the room rent at the time of registration.

4. RESIDENTIAL FEE

All residents under this contract will be assessed the Residential Fee described in the final section of this contract each semester.

5. MEAL PLAN

Miami Express is an optional meal plan available to Heritage Common residents. Remaining fall semester balance will carry over to spring semester. Meal plan accounts are active as long as you are enrolled at Miami University. Meal plan balances will be rolled over from year to year. Meal plan balances are not refundable or transferable. Depending on your scholarship, some meal plans do not roll over from year to year.

6. STUDENT STATUS

Students who live in Heritage Commons are required to be a full-time or part-time student and must register for at least 9 credit hours each semester and be declared an Oxford campus student.

7. CHOICE OF LAW

This contract shall be construed in accordance with the laws of the State of Ohio, regardless of the place of execution. Any legal action arising pursuant to this contract shall be brought in a court of competent jurisdiction in the State of Ohio.

8. NONDISCRIMINATION

  1. The policy of the University is that discrimination against any individual for reasons of race, color, creed, national origin, religion, sex, sexual orientation, gender identity, gender expression, genetic information, pregnancy, age, disability, military status, or veteran status is specifically prohibited. Accordingly, equal access to employment opportunities, admission, educational programs, and all other University activities are extended to all persons. The University's Office of Equity and Equal Opportunity is responsible for the coordination of matters relating to equal opportunity and affirmative action.
  2. The University agrees to make assignments without discrimination and to avoid changes of original assignments for reasons of race, color, creed, religion, national origin, age, disability, veteran status, or sexual orientation.

9. ROOM ENTRY, INSPECTIONS AND LIABILITY FOR DAMAGES

The term apartment includes all interior common areas as well as individual rooms.

  1. The University affirms its respect for each resident's right to privacy in his/her apartment and agrees to make a reasonable effort to give at least 24 hours notice prior to making inspections for damage and cleanliness.
  2. The University regards apartment entry for purposes of improvements, maintenance, cleaning, recovery of unauthorized University-owned property, and fire and safety inspections as necessary for the health and general welfare of all residents and, therefore, entry is agreed to and authorized by the resident.
  3. The resident acknowledges that the furniture located in the rooms belongs to the University, and resident shall not damage, destroy or remove any of the furniture. The resident is responsible for and agrees to pay the University for any damages to the apartment and for any damage caused by the resident to common areas and premises.
  4. A resident's request for maintenance service will constitute authorization to enter resident's apartment.
  5. Except as indicated in this section, the University agrees that entry without notice will be made only in emergencies to protect or ensure protection of life, limb, or property.

10. ASSIGNMENTS

  1. The University agrees to consider the information and preferences indicated on this contract.
  2. The University may alter the resident's apartment assignment to comply with the Americans with Disabilities Act (ADA), disciplinary reasons, catastrophe, renovation or closing of facility, consolidation of vacancies, unavailability of space, roommate incompatibility or if the change is determined by the University to be of benefit to the student or the University.
  3. If the apartment is not filled to capacity, the residents are required to be prepared for the assignment of new students to the apartment at any time.

11. LIABILITY

  1. The University acknowledges, and the resident is hereby made aware, that criminal activity, personal injury, and theft occur, and that the risk exists for such future occurrence on University premises, specifically within and around Residence and Dining Halls. Therefore, the resident agrees to assume responsibility for his or her own personal safety and security, as well as for his or her own personal belongings.
  2. The University does not assume responsibility for any residents', guests', or other persons' loss of money or valuables, or for the loss of or damage to property, or injuries, personal or otherwise, sustained on or about the Residence and Dining Halls premises.
  3. The University recommends that the resident contact his or her local insurance carrier concerning the availability of protection against such losses.
  4. ABANDONED PROPERTY: The University is not responsible for lost, stolen or damaged personal property in University owned residential spaces or in the public areas of those facilities. Students are required to remove all personal belongings from their former residential unit at the conclusion of their housing contract or if they withdraw or take leave from the University. Students who are not able to pack and/or move their own property for whatever reason are required to contact a moving company or make other arrangements prior to vacating their residential unit. Personal property left in residential units shall be considered abandoned property. A fee will be applied to a student's account for the disposal of abandoned property left in their former/vacated room and students shall also be responsible for any and all costs above that amount that are incurred by the University in disposing of abandoned personal property. Such costs shall be applied to the student's account in the same manner as room damage charges. Abandoned property may be disposed of in a manner deemed reasonable by Miami without further notice to the student. If Miami determines, in its sole and exclusive judgement, that the circumstances warrant, Miami may, in its sole discretion, attempt to contact the student. Notwithstanding the foregoing, the responsibility for maintaining custody and control over all personal property rests with the student, and Miami is under no duty or obligation to contact a student about personal property left in a residential unit. Miami University assumes no responsibility for lost, stolen, or damaged personal property; therefore, the student waives any claims against Miami University and its employees for damage or loss of any personal property left in a residential unit.

12. ENROLLMENT STATUS

The resident agrees to vacate the assigned apartment space and check out of Heritage Commons within 48 hours after loss of status as an enrolled student. If the resident fails to vacate within the 48 hours, card access will be revoked, and the proper authorities notified. All costs shall be charged to the resident.

13. NONPAYMENT AND ADDITIONAL FEES

  1. The resident agrees that failure to make payments as prescribed does not relieve the resident of contract obligations, and understands that nonpayment may result in removal from Heritage Commons, reassignment of current room, denial of apartment services, cancellation of current student enrollment, and denial of subsequent University registration until the amounts due are paid.
  2. The resident agrees to pay the activity fee assessed by Heritage Commons.
  3. The resident will be charged a lockout fee of $7.00 each time Miami University employees are called upon to provide entry to the apartment and/or the resident's room for the student.

14. REASSIGNMENT

  1. The resident understands and agrees that the resident's contract is for a room assignment determined by the University, not for any particular room, and that the University may reassign the student to another room or residence hall for any reason stated in paragraph 11B, at any time when there is reasonable cause to believe that the resident has violated the Regulations for On-Campus Living, the Code of Student Conduct, and/or posted residence hall rules established by University officials or shows a disregard for the residential community and/or specific living area environment.
    1. The resident agrees to move to the designated room immediately upon notification of the reassignment.
    2. Reassignment is not a judicial action and is not a termination of the housing contract. The resident understands and agrees, however, that reassignment does not preclude the University from separately and additionally pursuing judicial action or termination of the contract.
  2. The procedures for reassignment are as follows:
    1. Recommendation for reassignment will be made by a Resident Director or the appropriate Associate Director of Residence Life or Director of Residence Life.
    2. A decision to reassign a resident will be based on a review, by a Resident Director in consultation with the appropriate Associate Director of Residence Life and/or the Director of Residence Life, of available evidence of a violation;
    3. If reasonably possible, and depending upon the nature and seriousness of the alleged violation, the Resident Director or the appropriate Associate Director of Residence Life will talk with the resident before making a decision on reassignment;
    4. A resident who is reassigned in accordance with this provision can request an appeal by contacting the Office of Residence Life.

15. CONTRACT TERMINATION / REMOVAL FROM HERITAGE COMMONS

  1. The University may terminate this contract at any time if the University determines that:
    1. The resident is delinquent in his/her tuition, residence hall or meal plan fees or any part thereof;
    2. The resident's behavior shows a disregard for the residential community and/or the specific living area environment;
    3. The resident has misrepresented any fact on this contract;
    4. The resident has violated any term of this contract or violated any University rule, regulation or policy, including but not limited to, the Regulations for On-Campus Living and the Code of Student Conduct;
    5. The resident is not eligible for enrollment or is not enrolled for 9 hours or more as an Oxford campus student at Miami;
    6. The resident is, or is required to be, a registered sex offender pursuant to any federal, state or local law or has been convicted of a felony; or
    7. The resident failed to attend one or more mandatory residence hall meetings as described in the “MANDATORY RESIDENCE HALL MEETINGS” section of this contract.
  2. Any resident whose contract is being terminated for other than disciplinary reasons may request a hearing before the Director of Residence Life, or his/her designee, whose decision shall be final. In all other instances, the Code of Student Conduct shall govern the removal process. Breach of contract may also result in cancellation of current enrollment and in denial of subsequent University registration.
  3. The resident who moves out of Heritage Commons during the term of contract without relief from contract obligations continues to be liable for Heritage Commons and meal plan fees which will accrue against his/her account whether or not services are taken.
  4. Any unpaid fees or charges will be added to the student's University bill. Enrollment, grades and/or transcripts may be denied by Miami University until such time as the bill is paid in full.
  5. The resident agrees that charges for any semester continue to accrue until the resident officially checks out.

16. ID CARDS

  1. The resident agrees to be responsible for the ID card to his or her assigned space and not to transfer use of the ID card.
  2. The resident agrees to report loss of the assigned ID card and to pay the charges affected by the loss of the ID card.
  3. Your card is as valuable as cash or a credit card. Safeguard your card. Keep it with you at all times and do not leave it unsecured. Miami is not responsible for any loss, theft or misuse of your ID card. A lost or stolen ID card should be reported immediately by calling 513-529-LOST (5678).

17. ONLINE DIRECTORY

The university publishes a public electronic directory of student names and phone numbers. If you wish to request exemption from having your listing published, please send a written request to the One Stop for Student Success Office, Campus Avenue Building by July 15, 2018.

18. UNIVERSITY CONTRACT CONFIRMATION DEPOSIT

You are required to submit a $425 deposit which includes the $330 university contract confirmation deposit and $95 admission fee upon submission of this agreement. The Office of Admission does not refund any portion of the confirmation deposit to students who choose not to attend Miami University. The University Contract Confirmation Deposit is NOT available for credit on room rent at the beginning of any semester. The University Contract Confirmation Deposit less any unpaid charges, will be applied retroactively toward your final academic term fees.

19. REFUNDS

I understand and agree to be bound by the University policy regarding refunds of room rents paid at the beginning of a semester which are refundable in cases of withdrawal from the University as follows: (Please note that the University Contract Confirmation Deposit is forfeited in all instances.)

  1. Withdrawal during the first five class days of a semester - 100% room rent.
  2. Withdrawal during the sixth through the eighth class day of a semester - 90% room rent.
  3. Withdrawal during the ninth through the twentieth class day of a semester - 50% room rent.
  4. Withdrawal during the twenty-first through the thirtieth class day of a semester - 35% room rent. E. Withdrawal during the thirty-first through the fortieth class day of a semester - 25% room rent. F. Withdrawal after the fortieth class day of a semester - no refund of room rent.

20. MUlaa ACCOUNT

Deposits to a MUlaa account will be credited to a debit account to be used for the Miami Bookstore, on campus laundry, vending, Miami Box Office, Goggin Ice Center, Rec Center Pro-Shop, and other services on campus. This charge will appear on the students fall semester bursar statement. This account will remain active as long as the student is enrolled. Balance remaining at the time of withdrawal, transfer, or graduation will be credited to the students bursar account and applied to outstanding charges, according to the policies and procedures of the Office of the Bursar.

21. SUBLETTING

The resident acknowledges that subletting of the room is strictly prohibited.

22. MANDATORY RESIDENCE HALL MEETINGS

The University believes that the residency experience is a core component of the student educational experience.  The University may designate certain residence hall meetings as mandatory meetings.  Students must attend all mandatory meetings unless excused in writing by the Residence Hall director.

23. MISCELLANEOUS

  1. If any term or provision of this contract is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this contract or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this contract so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
  2. This contract is the sole and entire agreement of the parties to this contract with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
  3. This contract may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
  4. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this contract shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  5. This contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. 

24. PLEASE DO NOT SEND ANY APARTMENT ROOM RENTAL PAYMENTS WITH THE APPLICATION AND CONTRACT.

A semester's invoice of fees and charges will be provided at a later date. The 2018-2019 Room Rates per semester are as follows.

2018-2019 Tuition Promise Cohort

  • $5,131 – Apartment Occupancy + $433 Residential Fee

2017-2018 Tuition Promise Cohort

  • $4,982 – Apartment Occupancy + $420 Residential Fee

2016-2017 Tuition Promise Cohort

  • $4,982 - Apartment Occupancy + $400 Residential Fee

Non-Tuition Promise Students 

  • $4,982 - Apartment Occupancy + $416 Residential Fee