HousingContract98/99

BIOLA UNIVERSITY HOUSING & FOOD SERVICE CONTRACT – 2014/2015

This Biola University Housing & Food Services Contract

(hereinafter

referred to as

"Contract")

is an agreement

between the undersigned student ("Student") and Biola University, Inc. ("University"). This Contract must

signed/electronically confirmed

before

taking occupancy of a Biola University (“University”) housing facility.

Upon receipt by

the Biola

Housing Office of a signed/electronically confirmed Contract, the person

sign

ing

electronically

confirming this Contract ("Student") immediately becomes responsible for terms of

occupancy and all the fees associated

with

this Contract i n a ddi ti on to all terms in the current Biola

University Catalog, the Biola University Undergraduate Student Handbook ("Student Handbook"), and the current

Biola University Housing & Food Service Handbook ("Housing Handbook"),

whether

or not the Student actually

receives the keys to the room, takes posses

of the room, moves

belongings,

goods or effects into the

room and/or uses the Meal Plan. Failure to abide by the terms of this Contract may result in fines and/or charges,

disciplinary action, and/or the withholding of the Student's transcripts until all financial obligations are met. The

Student Handbook (http://studentlife.biola.edu/campus-life/student-handbook) and Housing & Food Service

Handbook (http://www.biola.edu/offices/auxiliaryservices/housing) are both available online or in written form from

the Housing Office.

This Contract is a legally binding document. The Contract is for a furnished space in a University housing

facili

ty.

Although

an assignment to a specific room may have been or may

hereafter

be made, this Contract

is not for a specific

room

or type of housing, but shall apply to any housing facility the Student may occupy

pursuant to the terms of this Contract. By signing/electronically confirming this Contract, the Student accepts

the University's housing assignment (as the same may

changed

pursuant to this Contract) and agrees to

pay the required fees established by the University for such assignment.

As part of the University’s online processes, this

Contract

may be sent to you electronically. By

electronically confirming this

Contract

you consent to conduct this business

electro

nically.

I. DURATION

The Student agrees that the duration of this Contract is for the entire Academic Year (or remaining portion thereof

at the time of agreement) as defined by the University. See the Housing Handbook for beginning and ending

dates of the current Academic Year.

II. EFFECTIVE UPON RECEIPT

This Contract is effective on the date the Student agrees to the Contract. None of the terms of this Contract may

be modified by the Student.

III. TERMS OF PAYMENT

A. ROOM & BOARD RATES (See the Housing Handbook for current rates.) Housing and Meal Plan charges

shall be reflected on the Student's school bill for the Academic Year and shall be payable in accordance with

University student billing policy.

B. HOUSING RESERVATION DEPOSIT

1. A Housing Reservation Deposit of two hundred fifty dollars ($250) is required of all students applying for

University housing. This Deposit is not to be considered as a partial payment of housing charges, but as a

refundable deposit under the terms of this agreement. In consideration of the Student's payment of the

Housing Reservation Deposit the University grants to the Student the right to reserve one student residence

space for use during the Academic Year on the terms and conditions set forth herein.

2. A refund of the Housing Reservation Deposit is made as a credit to the Student’s account balance: (a)

should this Contract be properly canceled (see the Housing Deposit section of the Housing Handbook); or

(b) upon graduation from the University. Failure to give written notification of cancellation by the deadline

dates described in the Housing Handbook will result in forfeiture of the Housing Reservation Deposit.

IV. TERMS OF OCCUPANCY

A. PRE-OCCUPANCY TERMINATION/CANCELLATION FEE

In the event that the Student cancels this Contract with the

authorization

of the University prior to taking

occupancy of

the

room, the University shall be put to a certain amount of expense in securing a

replacement

occupant or reassigning

the

Student who was previously to be assigned to the room, the precise amount of

which is difficult and imprac

ticabl

ascertain. Accordingly, the Student agrees that, in the event that the

Student cancels this Contract prior to the date on

which

the term is to commence, the Housing Reservation

Deposit will be retained by the University as a

"Cancellation Fee."

Any such cancellation must be in writing

and received by

the

Housing Office prior to the

commencement

of the term. If the University

thori

cancellation of this Contract subsequent to the

commencement

of the term but prior to the Student taking

occupancy of

room, the University shall be entitled to retain, and the Student shall be

obligated

to pay, as

a Cancellation

the

Housing Reservation Deposit plus the full amount of the residence fees prorated up to

the date upon which the University

autho

izes

such cancellation, including any portion of the Housing

Reservation Deposit credited to the Student’s account during the semester in which the cancellation is

granted.

ilur

to make this payment shall constitute a material breach of this Contract, and shall

tle

the

University to exercise its rights and remedies as set forth in Section “I V.

K."

of this Contract. The Student

acknowledges

that the

reg

oing

Cancellation Fee amounts are reasonable estimates of the additional cost

and expenses which the University has to incur in

event

of an

authorized

pre-occupancy cancellation of

this Contract by the Student. The Student further

acknowledges

that

provisions of this

paragraph

shall

not apply to a termination of this Contract by the Student which is not specifically

authorized

the University,

or billed directly to the

Student

B. RIGHT TO USE

The University grants to the Student the right to use and occupy the residence space described herein. This

Contract is a license to use University housing and does not constitute a lease agreement or create a landlord-

tenant relationship between the University and the Student.

C. HOUSING CLAIM DEADLINE

1. After 12:00 Noon on the first day of classes for the semester (Fall and Spring Housing Claim Deadlines),

students who have not yet claimed their rooms will forfeit the Housing Reservation Deposit and will be

charged one (1) month's use. The parties to this Contract (Biola University and the Student) agree that this

charge is a reasonable estimate of the University's costs in such an event. See the Housing Handbook for

specific Housing Claim Deadline dates.

2. No refund of housing charges will be granted for students checking into their Housing Assignment after the

check-in period or checking out of the Housing Assignment early, unless approved by the Housing Office.

D. CANCELLATIONS

1. Cancellation releases the University from its responsibility to provide the Student with use of the Housing

Assignment described herein, and releases the Student from his/her obligation to pay the University for

such use. Cancellations will result in forfeiture of any deposits made by the Student unless all cancellation

procedures described in the Housing Handbook are followed by the Student.

2. Should the Student leave University housing without an approved cancellation of this Contract as provided

in the Housing Handbook, the Student will continue to be responsible for payment of the remaining charges

due under the Contract for the remainder of the Academic Year.

3. Should this Contract be canceled, the Student agrees to vacate the Housing Assignment within 24 hours

unless special permission, in writing, has been obtained from the Housing Manager, the Manager of

Residential Facilities, or his/her designee.

E. ASSIGNMENT

The Student shall not transfer or assign all or any part of his/her Housing Assignment. Any attempted transfer or

assignment shall be void and of no force and effect. Students who engage in such activities may be subject to

disciplinary action as described in the Housing Handbook.

F. STUDENT STATUS

All persons residing in University housing must be enrolled at the University. The University reserves the right to

limit occupancy to students registered in full-time course work; however, the University may, at its discretion, allow

a student enrolled in less than full-time coursework to reside in University housing.

G. ROOM USAGE

During the term of the Contract the premises described in the Housing Assignment set forth herein shall be used

by the Student solely for residential purposes consistent with the Housing Handbook and all other rules and

regulations of the University; no other uses shall be permitted.

H. ROOM ALTERATIONS, KEYS AND DAMAGES

Repairs, alterations or improvements by students are not permitted on the premises without specific written

permission from the Auxiliary Services Office. University property, fixtures and furniture may not be removed from

common areas, rooms and storage areas; locks may not be changed or added, and room entrance keys may not

be duplicated or given to other students. A student found in violation of any of the above may be subject to

disciplinary action.

I. REASSIGNMENT

1. The Housing Office reserves the right to assign or reassign students as necessary in order to fill or

consolidate spaces. See the “Vacancies” section of the Housing Handbook for policies regarding

reassignment.

2. The University reserves the right to reassign or remove residents because of lifestyles inconsistent with the

requirements of group living.

J. TERMINATION

1. The University may elect to terminate the Student's occupancy at any time if:

a. The Student is determined by the University to be unfit to live in University housing. In all such cases,

determination shall be made by the University.

b. The Student uses the premises for an unauthorized or illegal purpose or otherwise violates any of the

terms of occupancy as set forth in this contract or the Housing Handbook, any University rules or

regulations, or any local, state or federal law, statute, ordinance or governmental rule or regulation now in

force or which may hereafter be enacted or promulgated. Any termination under this section shall be

referred to the Associate Dean, Campus Life for possible disciplinary action.

c. Any behavior deemed unacceptable as described in the Biola University Catalog, the Student Handbook

and the Housing Handbook, effective as of the date of the signing of this Contract, or as they may be

amended, revised, or superseded from time to time during the term of the Contract may also be cause for

removal from University housing and termination of this Contract and/or other disciplinary action.

K. REMEDIES AND INDEMNIFICATION

1. The University may elect by written notice to the Student to terminate this Contract at any time after the

occurrence of one of the events listed in the TERMINATION section and in such event the University may,

at its option, declare this Contract and the Student's right to the Housing Assignment terminated and

recover such damages and other relief as is provided by law.

2. Nothing in this section shall limit the right of the University to indemnification from liability, it being

understood and agreed that the Student shall indemnify, hold harmless and defend the University from any

and all loss, cost, liability, damage and expense, including attorney's fees, arising out of or related to the

maintenance, use or occupancy of the Housing Assignment by the Student and his or her guest(s) or

invitee(s).

L. PERSONAL PROPERTY

It is understood and agreed that the University will not be held responsible for loss, damage or theft of personal

property of the Student or his/her guest(s) or invitee(s). See “Possessions” in the Housing Handbook.

M. POSSESSIONS

The use, possession or distribution or in any way assisting anyone to use, posses or distribute any harmful and/or

illegal non-prescribed drugs or controlled substances, alcohol and tobacco products by anyone associated with

the Biola University community is prohibited. Illicit drugs and related paraphernalia, alcohol and tobacco products

are strictly prohibited on University property. Substances so prohibited will be confiscated and appropriate

disciplinary and/or legal action initiated.

N. MAINTENANCE

Students shall make the assigned premises available during normal business hours to University staff for the

purpose of entering to make necessary repairs, decorations, alterations or improvements, or to supply necessary

services, or to show the premises to workmen or contractors. Maintenance technicians will be working in the halls

between the hours of 9:30 a.m. and 6:00 p.m. Students are advised to use discretion in their dress when walking

through the hallways during these hours. In an emergency, University personnel may enter the premises at any

time for the purpose of making corrections or repairs. See “Entry” in the Housing Handbook for details

O. ENTRY

The University reserves the right to enter rooms in the case of emergency, health and safety inspections, to

enforce University rules, regulations and policies, to show vacancies to prospective residents and in the case of

suspected violations of rules or regulations or federal, state or local laws or ordinances. See “Entry” in the

Housing Handbook for details.

P. RESOLUTION OF DISPUTES

Should any dispute arise concerning any term of this Contract which the parties are unable to resolve among

themselves, the parties agree to submit the dispute to the Center for Conflict Resolution - Los Angeles County for

mediation/arbitration in accordance with its rules of procedure.

Q. ATTORNEY’S FEES

Should any litigation or arbitration be commenced between the parties to this contract concerning said premises,

this contract, or the rights and duties of either in relation thereto, the party, University or Student, prevailing in

such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to a reasonable

sum as and for his attorney's fees in the litigation or arbitration which shall be determined by the court in such

litigation or by the arbitrator in any arbitration proceeding.

R. MANDATORY MEAL PLANS

Assignment of students to University undergraduate residence halls includes a mandatory meal plan. Meal plan

rates are listed in the current Housing Handbook. Each student assigned to undergraduate residence hall housing

shall sign a Meal Plan Contract.

S. LOFT/BUNK BED WAIVER

University employees will set up all lofts and top bunks with supplemental side rails to help prevent the risk of

injury from falling. Use of lofted beds or top bunks or lofts without side rails may increase the risk of injury from

falling from the bed. In addition, bunked and lofted beds are designed to be used with the upper level mattress

support surface at a maximum height of 59 inches from the floor. Bunk beds are designed to support a maximum

of two sleeping surfaces only. The following diagrams illustrate the only approved configurations of bed furniture.

Residents freely agree to assume and take on themselves full responsibility for any risks of loss, property damage

or personal injury that may be sustained as a result of their decision to remove supplemental side rails installed on

any top bunk or loft bed (see the Signature section below).

T. SIGNATURE – 2014/2015 HOUSING CONTRACT

The Student understands and agrees that he/she has access to the current Student Handbook and Housing

Handbook, and that it is his/her responsibility to read and be familiar with all rules, regulations, procedures and

policies of the University. The Student understands and agrees that by agreeing to this Contract he/she is liable

for all terms of this Contract and of the Biola Student Handbook and Biola Housing Handbook.

The Student understands and agrees that by agreeing to this Contract he/she agrees that if he/she fails to claim

the room assignment by Noon on either of the Housing Claim Deadline dates he/she will forfeit the housing

reservation deposit and be charged one month’s prorated housing fee. Notice of cancellation must be in writing to

the Housing Office in Student Development.

The Student understands and agrees that by agreeing to this Contract he/she agrees to release, indemnify, hold

harmless and forever discharge the University, its directors, trustees, officers, employees and agents, from any

and all claims and causes of action which might be brought by them (or by their parents or dependents) for any

loss of property, personal injury or death sustained by them, including court costs and attorney’s fees, arising out

of or related to: (1) the decision to use a bunked or lofted bed without supplemental side rails; and/or (2) any use

of Biola University bunk/loft furniture in ways that do not comply with the stated design limitations in section R.

LOFT/BUNK WAIVER of this Contract.

The Student understands and agrees that by agreeing to this Contract he/she agrees that it is his/her

responsibility to read and be familiar with the Campus Safety Handbook, available at the Campus Safety Office or

via the Biola University website (http://www.biola.edu/offices/campus_safety/handbook/handbook.pdf).

The Student understands and agrees that these rules, regulations, policies and procedures may not be altered

verbally. The Student specifically understands and agrees that, while he/she may seek advice from University

personnel, any such advice does not alter or waive any of the terms of the Student Handbook or Housing

Handbook.

If the Student is a minor (under the age of 18), the parent/guardian of the Student is required to sign below

indicating his/her agreement to the terms of the Contract and return a full copy of the Contract to Biola:

by mail: Biola University or by FAX: or as an e-mail attachment:

Attn: Housing Department 562-906-4567 undergrad.housi[email protected]

13800 Biola Ave.,

La Mirada, CA 90639

Dated:__________ Signature of Parent/Guardian of Student:___________________________________

Printed Name of Parent/Guardian:________________________________________

Student Legal Name:_________________________ Student ID Number:_________