2008-2009 Dining Services Agreement General Participation in the University of Delaware's (the "University") dining plan brings with it certain legal obligations and responsibilities. This document, together with the Student Guide to University Policies, constitute the agreement (the "Agreement") between you (the "Student") and the University. By your submission of this Agreement to the University, you are accepting and agreeing to comply with the terms and conditions of the Agreement. Submission of this Agreement electronically via the University's Web page shall have the same legal force and effect as submission by mail or in person. The Agreement, including other material incorporated by link or reference, is subject to change as deemed necessary by the University without prior notice. Dining Plan Requirements All students living in a residence hall, except those living in the Christiana Towers Apartments and Graduate Student and Family Housing, are required to purchase a dining plan for each semester or session of residency.
Unused Meals and Points The number of meals is re-set each Sunday, and any missed or unused meals from the previous week are forfeited and may not be carried over from week to week. Unused points from summer session, fall semester and winter session may be carried over and used in the next semester and session. All unused points remaining at the end of the spring semester are forfeited, have no value and may not be redeemed or refunded. Term of the Agreement The Agreement becomes effective on the Binding Date, as defined in the Agreement. As of that date, the Student becomes fully liable for payment of the established rates for the selected dining plan, which payment must occur by the Published Payment Deadlines. The Agreement shall remain in full force and effect for the remainder of the term of the Agreement unless the Student is released from this Agreement by the University. A release will only be granted for the limited reasons set forth in the Cancellation policy. The Student can change or make adjustments to his or her dining plan selection prior to the start of classes and is provided one final opportunity to change his or her dining plan between the day that classes begin until the drop/add deadline. The final deadline to change a dining plan selection is the drop/add deadline for classes each semester or session. Calendar The opening and closing dates for the University's dining halls and facilities shall be as set forth in the Academic Calendar. Submission of the Agreement establishes a legal relationship between the Student and the University for the provision of dining services during the term of the Agreement. Cancellations that occur prior to the Binding Date of the Agreement are considered cancellations of the dining services application, and the Student is not liable for any charges thereafter. For cancellations requested after the Binding Date of the Agreement, the Student is fully liable for payment unless and until the Student is released from the Agreement. A release will only be granted for the limited reasons identified in the Cancellation Policy. Students are advised that, if a release is not granted by the University, they will remain liable under the Agreement even if they choose to vacate the assigned room and live elsewhere. Change of Residence
Termination The University may unilaterally terminate the Agreement for the breach of any term or condition by the Student. The University also reserves the right to terminate a dining plan without prior notification to the Student if the Student fails to register for classes or occupy his or her University housing assignment, pay University charges, fees or fines or maintain academic status, as described in the Student Guide to University Policies. Student Identification Required The Student must present his or her UD1 CARD when using a dining plan meal or accessing dining plan points. The UD1 CARD is the property of the University, is the responsibility of the Student, and may not be transferred or loaned to another student or any other individual. The University assumes no liability for meals or points used by a third party. Compliance with University Rules, Regulations and Policies By entering this Agreement, the Student accepts and agrees to abide by all University rules, regulations and policies, including those set forth in this Agreement, Rights and Responsibilities and the Student Guide. A student who violates any rule, regulation or policy may be subject to disciplinary action by the University. Failure to comply with this Agreement or any other University rule, regulation or policy may result in this Agreement's revocation, and the Student may be banned from University dining halls and other University facilities, may be required to move to a residence hall where a dining plan is not mandatory, or may be prohibited from living in the residence hall. A Student removed from a residence hall or dining facility for violations of any such rule, regulation or policy, but who remains enrolled at the University, is liable for all costs under his or her dining plan and housing agreement. Winter Session Occupancy Students residing on campus for Winter Session, except those living in the Christiana Towers Apartments or Graduate Student and Family Housing, are required to maintain a full resident dining plan. Summer Session Occupancy Students residing on campus for Summer Session and enrolled in classes or research projects, except those living in the Christiana Towers Apartments or Graduate Student and Family Housing, are required to purchase a full dining plan. Controlling Documents In the event of a conflict between this Agreement, the regulations, policies or procedures published by Dining Services, Housing Assignment Services, the Office of Residence Life or Facilities, and the Student Guide to University Policies, the Student Guide will control. Waiver No delay or failure to exercise any right or power granted under the Agreement shall impair any such right or power or be construed to be a waiver thereof. Severability If any term or provision, or any portion thereof, of this Agreement is declared invalid or unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law. Governing Law This Agreement shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of Delaware, without reference to its conflict of laws principles. |
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