Housing - Lease Contract Form

HOUSING CONTRACT PREFACE

By completing this form you (the student) will be entering into a lease contract with Francis Marion University Housing (Housing). By doing so you are voluntarily accepting the terms and conditions set forth in the document below.

Acknowledgments

In order to establish your understanding of the terms and conditions of this contract, you will be required to acknowledge that you have read each of the contract sections.
BY checking this box, I ACKNOWLEDGE my responsibility to read all sections of this contract.

This Contract, for and in consideration of the mutual covenants and agreements hereafter set forth, is negotiated and entered into as of the date of this contract, by and between FMU Student Housing at Florence, South Carolina, 29502-0547, hereafter designated as the University, and the below student, hereafter designated as the Student.

Legal Name
Legal Name
First
Last
The Student must be at least 18 years of age to complete this Contract. If the Student is NOT 18 years of age at the time this (electronic) Contract is completed a parent or legal guardian must provide their name full legal name and current address.
Is the student 18 or older?
Parent/Guardian Name
Parent/Guardian Name
First
Last

Declaration of Identity

By checking the box below I declare myself to be the person named hereafter as the Student. And, by the provision of the above information, including student identification number, I declare myself ready and able to proceed in the completion of this Housing Contract.

Declaration of Identity (Parent & Student)

By checking the box below WE declare ourselves to be the persons named hereafter as the Student. And, by the provision of the above information, including the student's FMU identification number and the parent's full name and address, WE declare ourselves ready and able to proceed in the completion of this Housing Contract.

By checking the above box, I declare myself to be the above named Student (or the parent/guardian, so named above, if the student is not 18 years of age at the time this contract is electronically signed).

ARTICLE I. Terms

(1) Unless otherwise specified the term of this contract is for two semesters, the starting and ending date for each semester is published by the Office of Housing and Residence Life The period of the mid-year semester (Winter break) Is not included as a part of the contract (See Article III, Item 1)
(2) This contract is for space in housing and not for a specific room or specific bed. Reassignments will be made by the Director of Housing and Residence Life, or their designee if deemed appropriate, and in the best interest of the University.
(3) The University reserves the right to refuse a student's being admitted to or remaining in Housing if the student fails to meet University requirements or fails to adhere properly to University policies or regulations, or if the student's health makes group living unwise.
(4) Upon withdrawal or dismissal from the University, a student must withdraw immediately from Housing.
(5) Official Withdrawal requires assigned room to be completely vacated of all personal effects; and all keys returned to the Office of Housing and Residence Life Within 24 hours or the amount of time determined appropriate by the Director of Housing and Residence Life, or their designee. The University reserves the right to remove and dispose of belongings left in or on the premises. Storage is not provided.
(6) This instrument is the complete agreement between the parties, and no modification or amendment thereof shall be binding unless it agreed upon in writing and signed by both parties and attached thereto.
(7) This contract becomes effective and binding: upon the day (and at the time) the Student takes possession of the keys to their assigned living space; or after 5:00 PM on the first Friday, after classes begin if the student has not taken possession of their keys and not provided written notice to the University, withdrawing from Housing.
(8) Once this Contract takes effect and becomes binding, the Student shall be responsible for no less than 10% of their Housing fees.

You must acknowledge below that you have read ARTICLE I. Terms.

By checking this box, I ACKNOWLEDGE I have read ARTICLE I. Terms.

ARTICLE II. Deposits, Fees, and Refunds

(1) (a) NEW HOUSING STUDENTS- A $173.00 non-refundable Reservation/Application fee (deposit) shall be paid to reserve a space on campus
     (b) RETURNING HOUSING STUDENTS- A $173.00 non-refundable Reservation/Application fee shall be paid to reserve a space on campus. Returning students shall pay this fee by the proscribed, spring deadline, as established by the departments Housing and Residence Life, to receive priority status in fall housing selection processes. Fifty-eight dollars of this fee Is an application fee; $115 is a reservation fee applied towards the first semester of this contract's housing payment.
(2) Housing fees for the Fall semester shall be paid in full by noon on August 5 (2020). Housing fees for the Spring (2021) semester shall be paid in full by noon on December 9 (2020).
(3) Withdrawal by a student who resides in Housing shall constitute a default of this Contract and no refund of the housing fees and meal plan fee shall be made except in the following situation: a pro-rated refund of the housing fee may be made only if full occupancy in housing is maintained and as vacancies are filled by the University. If such refunds are made, they are made in the order of withdrawal. The first person to Withdraw receives the first refund available regardless of the room assignment or the replacement.
(4) Requests for termination of the Contract must be addressed in writing to the Director of Housing. Written requests of cancellation for reserved housing must be received by the Office of Housing and Residence Life prior to the date the housing fee is due. Subsequent cancellation may result in the full amount of the housing and meal fees to be due and payable to FMU. If applicable, delinquent accounts will be assigned to a collection agency. The student will be responsible for attorney fees, court costs, and all related collections fees.
(5) A refund of the housing fees and meal plan fee may be considered for situations such as marriage, activation for military service, or uniquely extenuating circumstances that occur during the term of this contract. All situations will require documentation as stated in the refund policy that is found in the University Catalog and must be approved by the Housing and Dining Refund Committee. Requests must be submitted in writing to the Director of Housing and Residence Life. Should a refund be approved, the $115 reservation fee will be deducted from the refund total. With the exception of military activation, the decision of the Housing and Dining Refund Committee is final.
(6) Generally, any approved refunds of housing and meal plan fees, if relevant, shall be made within thirty (30) days following the date of approval.
(7) If a student is required to leave Housing for failure to meet or to adhere properly to University policies or regulations, no refund is granted.

You must acknowledge below that you have read ARTICLE II. Deposits, Fees, and Refunds.

By checking this box, I ACKNOWLEDGE I have read ARTICLE II. Deposits, Fees, and Refunds.

ARTICLE III. Obligations of the University

(1) The University shall grant the student access to the facilities, established for the student's personal or public use each semester from the published date that housing opens until the published date that housing closes. During official recesses, the University secures all door locks and access points to the aforementioned facilities. A resident who has been granted permission to remain in housing during official closings may be assessed an additional fee.
(2) In the event of mechanical, electrical, or water malfunctions, the University shall make all reasonable efforts to restore service but shall give no abatement in rates because of the inability to restore service, and shall not be liable for any inconvenience or personal losses incurred thereby.
(3) The university shall furnish each unit with the requisite mattress (twin-xl or full), bed frames, storage and study pieces in personal spaces; and seating, dining sets, storage, electrical appliances in shared living spaces, respective to the design and arrangement of an assigned unit.
(4) The University shall assign a space in Housing according to date of receipt of the Housing Application, completed/signed Housing Contract, and payment of the $173 deposit (application materials). Whenever possible, based on available space and the timely receipt of the aforementioned application materials, requests for specific buildings, apartments, bed spaces, and or roommates, shall be honored, but cannot be guaranteed. The University reserves the right to require assignment changes which it considers necessary or advisable including assignments to rooms newly vacated during a semester.

You must acknowledge below that you have read ARTICLE III. Obligations of the University.

By checking this box, I ACKNOWLEDGE I have read ARTICLE III. Obligations of the University.

ARTICLE IV. Obligations of the Student

(1) The Student shall pay any fees or fines assessed for failure to abide by policies or regulations as stated In the University's Student Handbook.
(2) The Student shall exercise reasonable care in the use of Housing facilities: care of his/her apartment or room, abiding by all University, Housing and Residence Life policies, rules, and regulations, now in effect or later enacted, and accept penalties for violations thereof.
(3) The Student shall submit to the Office of Housing and Residence Life, written documentation, via email, handwritten or electronic service requests for any existing damages, maintenance, pest control, or custodial services applicable to their assigned living space, private or shared, within 48 hours of receiving access (keys) to said living space.
(4) The Student upon the termination of their occupancy shall notify the Director of Housing and Residence Life or their designee, who shall have the student's living space inspected. During the said inspection the condition of the living space shall be assessed to determine if any damages, maintenance, or cleaning/removal cost(s) will be applied to the student's account, based on a determination responsibility of said cost(s).
(5) The Student shall pay the cost of replacement or repair for any breakage or damage to the furniture, fixtures, or appliances in the living space, of which they are found responsible. Breakage or damage to furniture, fixtures, or appliances in common space or private spaces, when responsibility for the damage is not determined, shall be applied proportionately to all students in the space with reasonable access to said space. The student will be required to pay, entirely or proportionally, for cleaning and removal of trash, refuse, or other abandoned items in the student's living space.
(6) The Student shall not assign this contract nor sublet the assigned living space, or provide access to Housing Facilities, except authorized guest complying with Housing and Residence Life policies, to another party or parties; nor shall the student move to another living space, building, floor, room or apartment, suite, room, or bed space without first receiving written approval from the Director of Housing and Residence Life, or their designee.
(7) The Student shall not alter or repair electrical equipment, fixtures, or appliances that belong to the University. Defects in said electrical items should be reported immediately to the Office of Housing and Residence Life, via email, handwritten, or electronic service requests.
(8) The Student shall not house pets in or around any Housing facility or allow pets to visit any Housing facility.
(9) The Student understands that:
     (a) They will be required to pay charges for unauthorized use of or alterations to Housing Facilities.
     (b) The UniversIty"s acceptance of a Housing Application, Housing Contract, and $173 deposit (Application Materials) does not guarantee assignment in Housing facilities based on the provisions in ARTICLE I, Sections 3 and 4.
     (c) Personal electrical equipment authorized for use in the student's living space may include, television screen or monitors, audio/stereo equipment, personal computers or mobile devices, gaming console, a single microwave per room, and a miniature refrigerator and or freezer, based on Housing and Residence Life specifications. Other electrical equipment may be acceptable provided such devices do not exceed the amperage limits of the electrical circuits or otherwise creates a hazard due to the manner in which they are connected. No student may keep or use an electrical appliance with exposed heating elements, except in apartment kitchen areas.
     (d) The possession or use of firearms, including air-powered guns, spent or live ammunition, black powder, hatchets, knives, bows, arrows, slingshots, explosives, fireworks, candles, incense, flammable fluids, excluding personal lighters, hazardous chemicals (or mixtures) or propelled missiles are prohibited and can result In automatic cancellation of this contract and immediate removal from Housing and/or suspension from the University. Prohibited items will be confiscated.
     (e) Tampering with, disabling, or rendering inoperable or ineffective, safety/security equipment, including but not limited to extinguishers, smoke detectors, locks, camera, doorbells, card readers, alarms, is prohibited and such offenses against the safety of the Housing community will be duly prosecuted, and are causes for removal from Housing and separation from the University.
     (f) Housing/University keys and access cards issued to students remain the property of the University and must be returned to Housing (the University) upon request. Keys and access cards may not be possessed/used by any person, except those to whom the keys and or access cards were issued. Possession/use of keys and or access cards by persons other than those to whom the keys or access cards were issued, constitutes a violation of University policy. Students must report lost or stolen keys and or access cards to Housing and Residence Life staff immediately. Any keys or access cards found should be returned to Housing and Residence Life staff immediately.
     (g) Roofs and services/utility spaces in Housing facilities are "off-limits to non-authorized persons.
     (h) Soliciting, canvassing, or the use of Housing Facilities as a location for conducting sales is prohibited. University student organizations may use Housing facilities, for approved activities, only after receipt of written permission from the appropriate University authorities.
     (i) Waterbeds and other pieces of water-filled furniture are not permitted.
     (j) Exterior antennae or receivers are not permitted. Cable TV and Ethernet connections are available in every Housing Unit.
     (k)Personal wireless network routing devices (Wi-Fi router) are not permitted in Housing facilities. Any Wi-fi device found in use, by means of discovery on the network or in-person observation, will be reported to the University's Campus Technology staff.

You must acknowledge below that you have read ARTICLE VI. Obligations of the Student.

By checking this box, I ACKNOWLEDGE I have read ARTICLE IV. Obligations of the Student.

ARTICLE V. Security, Safety, and Searches

(1) (a) The University shall not be liable for damage to, theft or loss of any personal property, including, but not limited to, loss caused by fire, water, or mechanical defect or failure, while in, on, or around Housing/University facilities or premises.
     (b) All personal property in, on, or around Housing/University facilities or premises, within the Student's control shall be at the sole risk of the Student. It is the Student's sole obligation to acquire/provide insurance for their personal property.
(2) As in any community, living in Housing facilities brings students in contact with many individuals: fellow students, staff, faculty, and community members. The University will implement reasonable public health and safety measures regarding infectious disease as recommended by the applicable public health authorities. The University strongly encourages all individuals to follow the recommended public health guidelines, but it cannot control any particular individual's behavior, except as it relates to violations of the University's policies. As a result, the University is not and will not be liable for any public health threat to which a student or visitor may be exposed, including but not limited to the transmission of any infectious disease including, but not limited to, COVID-19, Influenza, the "common cold," etc. Living with a roommate and or among other residents, which necessarily involves sharing bedrooms, bathrooms, kitchens, laundry facilities, computer rooms, courtyards, and other common areas, involves the risk of contracting an infectious disease. Your electronic signature indicates your acknowledgment and understanding of this risk.
(3) The University reserves the right for authorized personnel to enter a student's living space to:
     (a) perform routine maintenance and custodial services,
     (b) conduct health and safety inspection(s),
     (c) enforce the University's Code of Student Conduct, including but not limited to, observation, search, and or seizure and or,
     (d) conduct, by law enforcement, search and seize procedures.
(4) The University reserves the right for its officials to enter and search a student's living space in accordance with the "Student Room Entry" policy as described in the University's Student Handbook.
(5) The University reserves the right to request a search warrant from local law enforcement agencies when there is probable cause to believe:
     (a) that a room is occupied by a non-resident whose presence constitutes a violation of federal, state, or local law;
     (b) that an occupant has concealed within the room property, the possession of which constitutes a violation of federal, state, or local law, and will subject said individual to immediate dismissal from Housing, pending a University hearing.
(6) Any prohibited item(s) may be confiscated immediately, with or without the owner of the item(s) presence and or the presence of an occupant of the Housing living space wherein the item(s) was (were) found.

You must acknowledge below that you have read ARTICLE V. Security, Safety, and Searches.

By checking this box, I ACKNOWLEDGE I have read ARTICLE V. Security, Safety, and Searches.

ARTICLE VI. Third-Party Management

(1) The University reserves the right to contract with a Third-party/Management Agent to act on its behalf to fulfill the obligations of the University under the terms of this Contract.
(2) The Student agrees that the University may assign its rights and obligations under this Contract to a Third-party/Management Agent and that the agent may perform all management functions respective to this Contract on behalf of the University. Therefore, the Third-party/Management Agent is empowered to conduct all business for the University concerning this Contract, including but not limited to, all resident issues, policies, procedures, and collection of rents.

You must acknowledge below that you have read ARTICLE VI. Third-Party Management.

By checking this box, I ACKNOWLEDGE I have read ARTICLE VI. Third-Party Management.

Signature Acknowledgment

By signing the (electronic) SIGNATURE ACKNOWLEDGEMENT below I, having declared myself to be the STUDENT (and or parent/guardian), and having read and agreed to all ARTICLES (I, II, III, IV, V, VI), do hereby ELECTRONICALLY SIGN the HOUSING CONTRACT.

MOREOVER, I ACKNOWLEDGE that this Contract becomes effective and binding upon the day (and at the time) I take possession of the keys to my assigned living space, or after 5:00 PM on the first Friday after classes begin if I have not taken possession of my keys and not provided written notice to the University of my withdrawal from Housing.

THE UNIVERSITY AGREES TO PROVIDE ACCOMMODATIONS UNDER THE CONDITIONS OF THIS AGREEMENT

(undersignees)

Kevin Shupp - Director of Housing and Residence Life

Christopher Kennedy - Vice President of Student Life

Provide your FMU email address (@g.fmarion.edu) for a copy of this contract.