Le Moyne College (the “College”) has a (4) Year RESIDENCY REQUIREMENT for undergraduate students. As a residential campus, Le Moyne College considers the provision of on-campus housing to be a very important part of its educational mission. All full-time matriculated students, except those residing with their parents or legal guardians in the Syracuse area, are required to live in College residences. In addition, all students living in Dablon, Foery, Harrison, Mitchell, Nelligan, and St. Mary’s Halls are required to have a meal plan.  Absent any selection of a meal plan by the student through the meal plan contract, the student will be assigned the 16 Meals/wk. plan.  Students who move out of College owned residence without authorization will be billed for the cost of room and board per this agreement. Students who provide false information to the Office of Campus Life and Leadership for the purpose of obtaining a release from their housing obligation will be subject to disciplinary action and for payment of room and board fees. This Agreement becomes legally binding when the earliest of the following events occur: (a) submission of a request for assignment to a room by a student, parent or legal guardian; (b) the Agreement is completed, signed and returned to the Office of Campus Life and Leadership; (c) the Student accepts a room key or other access control device (“key”) for his/her/their assigned residence; or (d) the Student agrees electronically using room selection software.

1. Request for Assignment to a Room in the Residence Facilities; Agreement to Pay Applicable Room Rate Charges. Request for assignment to a College residence room is based on a full academic year upon the following terms and conditions.  Occupancy of the room to which the Student is assigned shall begin on the advertised date of the assigned Residence Facility’s opening for the academic year and shall terminate on advertised date of the assigned Residence Facility’s closing for the academic year. The Student agrees to pay one of the room rates designated by the College, depending upon the residence facility to which the Student is assigned.  The Student will pay 50% of the total applicable room cost prior to the beginning of the Fall Semester (first semester) and the remaining 50% prior to the beginning of the Spring Semester (second semester), at the places and dates established by the College for such payments.  Except as otherwise provided in this Agreement, the Student will be responsible and liable for the payment of room charges for BOTH semesters of the College's academic year.

2. The Assigned Room is for the Student’s Use Only; Nature of Occupancy and Restrictions on Transfer. The Student agrees that the College’s residence room assigned to the Student is for the Student’s use only, and that the Student will use it as a place of residence only. The Student understands and agrees that this Agreement is a license and not a lease, does not create or constitute an interest or right in real property, and can be terminated at any time by the College for due cause or as provided herein. The Student further understands and agrees that the Student is not permitted to assign or otherwise transfer his/her/their right of occupancy created by this Agreement or any portion of the Student’s assigned room space to any other person.  The Student shall not use the assigned room, or any other part of the facility in which the assigned room is located, for any commercial business or purpose without the prior written consent of the College.

3. Room Rates. The Student agrees to pay the applicable room rate for the residence facility to which the Student is assigned. Room rates are established per semester, and are not dependent of the length of time a Student is required to be on campus for purposes of academic activities.  As a result, the Student’s room rate will be the same as other students occupying comparable facilities, even if the Student is required to be on campus for a shorter period of time during a semester.  In all residence facilities, utilities are to be furnished subject to load limits and availability. The College may charge the Student for any extraordinary or unreasonable use of utilities. The College shall not be liable for any interruption of utility service unless caused by the gross negligence of the College.

4. Room Assignments. This agreement is for a space either in a single or multiple-person unit in a College residence and does not entitle the Student to a particular accommodation or roommate(s).  Room assignments shall be made by the College at its sole discretion, and its use of lottery, preference, seniority or other systems or procedures for making room assignments may be changed or limited as the College sees fit in its sole discretion.  The College shall have the right to reassign rooms and to take all other steps necessary and advisable in the interest of health, safety and the efficient conduct of its residence facilities system.  If the Student is reassigned to a room having a different room rate, the Student will be charged or refunded appropriately, with the additional charge or refund to be calculated on a prorated basis depending upon the number of complete weeks remaining in the semester during which reassignment occurs.  If a vacancy in the Student’s room should occur, the Student and all other remaining occupants will accept whatever roommate may be assigned by the College in accordance with its established procedures.  The Student also agrees to abide by the room consolidation policy as outlined in the Le Moyne College Student Handbook.  An authorized room transfer to Le Moyne Heights, Le Moyne View, or the Townhouses shall entitle the Student to a prorated refund of the Student’s meal plan charges, should the Student elect to discontinue the meal plan he/she/they has/have selected. The refund will be based upon the number of complete weeks remaining in the semester during which the authorized room transfer occurs.

5. Definition of Complete Week. For all purposes of this Agreement, a complete week shall run from Sunday through Saturday.

6. Withdrawal After the Beginning of Occupancy. If the Student desires to withdraw from the College’s Residence Facilities during a semester, the Student must first contact the College’s Campus Life and Leadership Office to receive permission to withdraw. Withdrawal from this agreement will be permitted only upon the following grounds: marriage, leave of absence, withdrawal from the College, or other reason authorized by the College. Permission Granted: In the event the College's permission to withdraw from the Residence Facilities has been granted, this Agreement will be terminated and the Student will be entitled to a prorated refund for meal plan charges, should the Student elect to discontinue the meal plan he/she/they has/have selected, based upon the number of complete weeks which remain in the semester after the Student has presented his/her/their Le Moyne College identification card and his/her/their room key to the Campus Life and Leadership Office. The Student shall be entitled to a refund for the prorated cost of his/her/their assigned room for the semester during which the withdrawal occurs less any damages based on the current refund policy of the Campus Life and Leadership office. Permission Not Granted: If the Student purports to withdraw from this Agreement without the prior permission of the College under circumstances where the Student remains enrolled at the College, the Student shall be entitled to a prorated refund for meal plan charges, should the Student elect to discontinue the meal plan he/she/they has/have selected, based upon the number of complete weeks which remain in the semester after the Student has presented his/her/their Le Moyne College identification card and his/her/their room key to the Campus Life and Leadership Office. The student shall not be entitled to any refund for the cost of his/her/their assigned room for the semester and, in addition, is ALSO subject to paying a Housing Policy Breakage fee of up to 50% of the total cost of housing for EACH remaining semester that would apply to the Student based on the College’s four (4) year residency requirement. The time of payment of any refunds authorized under this paragraph shall be made in accordance with the College's then prevailing policies.  Notwithstanding the foregoing, the College may in its sole, unfettered discretion, permit a Student to withdraw from this Agreement at any time upon financial consequences different than those described above, including but not limited to instances where a major change occurs in the Student’s medical condition or personal situation and this change is documented and deemed to be a case of extreme hardship by the College.

7. Withdrawal Between Semesters.  Requests to break this Agreement for the Spring Semester must be justified in writing and received by the Campus Life and Leadership Office no later than the last day of classes of the Fall Semester. Requests to break this Agreement for the Fall Semester must be justified in writing and received by the Campus Life and Leadership Office no later than the last day of classes of the Spring Semester. SUCH REQUESTS MAY BE GRANTED OR DENIED by the Director or Associate Director of Campus Life and Leadership in his/her/their sole discretion.
 
8. Termination of Agreement; Vacating the Residence Facility. This Agreement will be terminated, and the Student will vacate his/her/their residence facility room with all of his/her/their personal belongings and deliver his/her/their room key to the Campus Life and Leadership Office within 24 hours after the Student ceases to be a registered student at the College or by the date and time set forth in paragraph 1 for the termination of the Student’s occupancy of the room. If the Student fails to vacate his/her/their room by the specified date and time, the College shall have the right, in the manner and to the extent permitted by law, to immediately re-enter and re-possess the room assigned to the Student and remove all of the Student’s remaining personal belongings from the room and dispose of them in any reasonable fashion without any liability therefor.  The room assigned to the Student must be vacated in the same order, condition and repair as that which existed as of the time the Student took occupancy of the room, reasonable wear and tear excepted.  The Student agrees that if he/she/they do(es) not obtain a key and occupy his/her/their assigned room by the first day of classes of each semester, the College shall have the right to terminate this Agreement if it so chooses and assign the Student’s room to another student without prior notice to the Student.  Such a termination will be treated as a withdrawal without permission for purposes of determining refunds and charges under this Agreement.  THE STUDENT FURTHER RECOGNIZES AND AGREES THAT ALL RESIDENCE FACILITIES WILL BE CLOSED DURING the COLLEGE’S ADVERTISED BREAKS AND BETWEEN SEMESTERS AND THAT THE STUDENT MUST FIND OTHER LIVING ARRANGEMENTS DURING THESE PERIODS. THE STUDENT AGREES TO VACATE HIS/HER/THEIR ASSIGNED ROOM PRIOR TO THESE RECESS PERIODS, AND TO NOT RE-ENTER THE ASSIGNED ROOM BEFORE THE ADVERTISED RETURN DATE, AS SET FORTH ABOVE.  

9. Responsibility for Damage; Damage Deposit. The Student shall take good care of his/her/their assigned room and all College property in it. The Student shall be personally responsible for any and all damage to the room assigned to the Student or to any College property (including furnishings and equipment) in the Student’s room, reasonable wear and tear excepted, unless the damage is conclusively shown to have been caused by another identified person or by the College. The Student also shall be personally responsible for any damage the Student causes to other areas in or about the College's residence facilities. The cost of any damage for which the Student is responsible, and appropriate fines, will be assessed directly to the Student. The Student shall be personally responsible for any and all damage caused by the intentional or negligent act or omission of the Student’s guests or invitees, including but not limited to damage to the Student’s assigned room, any College property in it, or other areas in or about the College's residence facilities.  All damage caused in the residence facility where the Student resides, which cannot be attributed to specific individuals, will be determined "common area damage."  The cost of the common area damage will be divided by the number of residents in the facility and each resident will pay a pro rata portion. The Student agrees to verify a room condition report upon picking up the key to his/her/their room. If the Student fails to verify this form, the Campus Life and Leadership Office will be entitled to assume that the Student’s room and all College property (including furnishings and equipment) in the room are in good condition as of the date the Student takes occupancy of the room.  Prior to taking occupancy of the Student’s assigned room, the Student will pay a damage deposit in an amount to be determined by the College.  The College may deduct from the Student’s damage deposit all costs and expenses incurred in repairing any damage caused by the Student or the Student’s guests or invitees, or for which the Student is otherwise responsible pursuant to this Agreement.  If any portion of the Student’s damage deposit is used toward the repair of damage, the Student will promptly deposit with the College whatever additional funds are required to restore the Student’s damage deposit to its original level. If the Student’s damage deposit is insufficient to cover the costs of repairing the damage, the Student will pay any shortfall to the College on demand. Any unused damage deposit will be returned to the Student within a reasonable time after the Student leaves the College's residence facilities system.

10. Personal Injury; Property Loss or Damage. The College shall not be liable for any personal injuries sustained by the Student or by any of the Student’s guests or invitees in or about the Student’s room or other areas in or about the College's residence facilities, or for any loss of, damage to or theft of the Student’s personal belongings or those of the Student’s guests or invitees, resulting from any cause whatsoever unless the injury, loss, damage or theft is caused by the intentional or grossly negligent act or omission of the College or its employees. The Student releases the College and its trustees, officers, employees, agents, contractors and representatives from any and all claims he/she/they may have in the future, waives all such claims, and agrees not to sue the College or its trustees, officers, employees, agents, contractors and/or representatives for any such claims, for liability arising out of any such injury, loss, damage or theft, including but not limited to claims arising out of the negligent acts or omissions of any or all of the foregoing persons/entities or others. The Student recognizes and agrees that all personal belongings, whether kept in the Student’s room, any storage area or elsewhere on the College campus, shall be kept at the Student’s sole risk and that, subject to the preceding sentence, the College shall not be liable for any loss of, or damage to, personal belongings. Accordingly, the College strongly recommends that the Student obtain appropriate insurance coverage sufficient to cover loss, damage or theft of personal belongings.

11. Applicable Laws, Codes and Ordinances. The Student shall comply, and cause all of his/her/their guests or invitees to comply, with all applicable governmental laws, codes, ordinances, rules and regulations relating to the use and occupancy of the College's residence facilities.

12. Rules and Regulations. The Student agrees to abide by and strictly comply, and to cause his/her/their guests and invitees to abide by and strictly comply, with all College policies, rules, regulations, procedures and dates governing the College's residence facilities including, but not limited to, those contained in the Le Moyne College Student Handbook, and all other official information publications issued from time to time by the College. Among other matters, these policies, rules, regulations, procedures and dates deal with eligibility requirements for the College's residence facilities and the day-to-day use and occupancy of the residence facilities.  This includes, without limitation, the College’s academic requirement that currently registered, matriculated undergraduate students, other than students residing at home in the Syracuse area with their parents or legal guardians, are required to reside in College housing per the College’s Housing Policy.  All existing information publications, together with any future revisions thereto, and all future official publications, are incorporated by reference into this Agreement as if fully set forth in this Agreement.

13. Right of Entry. The College shall have the right to enter the Student’s assigned room from time to time to make inspections, perform repairs and maintenance, and do all other things necessary and advisable in the interest of health, safety and the efficient conduct of its residence facilities system. Prior notice of entry is not required.

14. Nondiscrimination. The College does not discriminate on the grounds of race, color, creed, national or ethnic origin, gender, sexual orientation, marital status, age, disability or veteran status in any of its policies or practices.

15. When Notice to the College is Required. In addition to notices otherwise required under this Agreement, the Student shall notify the Campus Life and Leadership Office staff immediately in the event of any fire or other damage to the Student’s assigned room, or if the Student loses his/her/their key to the Student’s room or the building in which it is located, or if any repairs are needed to be made to either the room, College owned furniture or other College property.

16. Termination of Occupancy. In addition to the other provisions of this Agreement relating to termination, the College may immediately terminate the Student’s occupancy if the Student fails to pay any room or meal plan charges when due or if the Student fails to comply with any other term or condition of this Agreement or any College policy, rule or regulation whether or not referred to or incorporated in this Agreement.  Students dismissed or suspended from the College or its residence facilities due to conduct violations are not eligible for a housing refund.

17. Rights of Others. The Student agrees to behave in a manner which acknowledges the interpersonal compromises required by a residence facility living situation and the Student will therefore respect and consider the rights of others in the College's residence facilities.  This shall include avoiding excessive noise and observing reasonable hours of quiet for sleep and study.  The Student is expected to act in a mature fashion at all times, and the Student recognizes that failure to act accordingly will have an adverse effect on both the residence facilities system and other students living in the residence facilities, and may result in termination of the Student’s occupancy of the residence facilities.

18. Safety Considerations. The Student acknowledges that the safety and security of both persons and property in the College's residence facilities shall be furthered by the Student’s participation in both individual and group security procedures as may be provided or developed during the academic year. The Student agrees to participate in the College’s security monitoring system and to abide by and maintain any entrance control system set up to enhance the safety and security of residence facilities occupants.

19. Additional Remedies. In addition to all other rights and remedies afforded to the College under this Agreement or applicable law, the College may suspend or dismiss the Student if the Student fails to perform his/her/their obligations under this Agreement, may prohibit the Student from registering (either currently or at any future time) and from attending classes, and may withhold grades, transcripts or degrees.

20. Special Notice to Students Regarding Potential Impact of the COVID-19/SARS-CoV-2 Pandemic and Related Matters.  

The COVID-19/SARS-CoV-2 pandemic continues to create risks and uncertainties associated with, among other things, occupancy of college group housing facilities.  As of the date of this Housing Contract, the potential continuing impacts of the pandemic are not fully foreseeable, and the parties acknowledge that the pandemic may impact the feasibility and conditions of occupancy of Le Moyne College on-campus residential facilities during some or all of the term of this Agreement. Accordingly, the Student acknowledges and agrees as follows:

(a)  The College may establish conditions, policies, rules and regulations for occupancy of its facilities to account for actual or potential impacts of the COVID-19/SARS-CoV-2 pandemic, including but not limited to requirements for social distancing, the wearing of face coverings, sanitation, and/or health screenings as a condition for initial or continued occupancy.  The Student agrees to comply with, and acknowledges that occupancy of the College’s residential facilities and the Student’s assigned room is contingent upon fulfillment of, any and all such lawful conditions, policies, rules and regulations.

(b) The College reserves the right to require the student to temporarily relocate to other housing facilities in the event that the College determines such action to be necessary or advisable in the event of a positive COVID-19 test or suspected exposure of the student or any other person, or otherwise in connection with the COVID-19/SARS-CoV-2 pandemic.   These facilities may be located on campus or at an offsite location of the College’s choosing. For students within 300 miles from campus that may need to quarantine, this would be the student’s home address. Such temporary relocation shall not entitle the student to a refund or result in an abatement of housing charges.  

(c)   Except as provided in the preceding paragraph, if the College is required to close its residential facilities and/or if students are required to vacate the premises by federal, state or local governmental authorities or applicable law, or if the College determines such action to be warranted, in light of continuing or potential impacts of the COVID-19/SARS-CoV-2 pandemic, the College will refund to the student a pro rata portion of the housing charges attributable to the complete weeks remaining in the semester at the time such action becomes necessary.   The amount of any such refund will be based upon the portion of complete weeks of such semester during which the student was no longer permitted to occupy his/her/their assigned unit. For all purposes of this agreement, a complete week shall run from Sunday through Saturday. The College’s calculation of the amount of a refund pursuant to this paragraph shall be binding absent manifest error.  If the student elects to vacate his/her/their assigned unit based on concerns related to COVID-19/SARS-CoV-2 in the absence of such a mandated departure, refunds, if any, will be determined in accordance with paragraph 6 or 7 (as applicable).

(d)  The Student acknowledges that notwithstanding precautions undertaken by the College, presence on campus and/or occupancy of on-campus residential or other facilities or premises carries inherently elevated risks of contracting communicable diseases such as COVID-19, that some of these risks may not presently be known, and that the risks may be even higher for certain populations.  The Student represents that he/she/they has/have reviewed applicable guidance published by the College and/or applicable public health authorities with respect to the impacts of COVID-19/SARS-CoV-2, will continue to review any such guidance as it is issued, and have evaluated (and will evaluate) this information with the benefit of such medical advice as the Student has deemed (or will deem) necessary. By electing to be present on campus and/or occupy College residential and/or other facilities or premises during some or all of the 2020-21 academic year, the Student acknowledges that this action is a result of his/her/their voluntary decision, based on evaluation of the circumstances and with knowledge of the attendant risks and consideration of the possibility of unknown risks, that the benefits of doing so outweigh the risks of doing so, and that the Student is therefore willing to assume such risks (both known and unknown).

(e)  In the event of any conflict between this paragraph 20 and other provisions of this Agreement, this paragraph 20 shall control.

21. Force Majeure.  The College shall not be liable for failure to make housing available to the Student as described in this Agreement if and to the extent such failure results from any act of God, accident, equipment failure, loss of utility service, fire, flood, tornado, other natural disaster, labor dispute, inevitable accident, war, terrorist attack (or threat thereof), or any other cause outside the reasonable control of the College.  In such event, except as otherwise provided in Section 20 relating to the impact of the COVID-19 pandemic, refunds, if any, shall be determined by the College in its sole discretion, and will be paid only to the extent funded by proceeds available to the College from business interruption insurance coverage (if any) maintained by the College.  

22. Changes; No Waiver. The College's exercise of, or failure to exercise, any right or remedy under this Agreement shall not be considered a waiver of any other right or remedy or of the College's right to exercise that or any other right or remedy in the future.  Any change to this Agreement must be in writing and signed on behalf of the College to be effective.  This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflicts of laws principles.