This policy is part of the 2008-2009 Academic Year Student Housing Agreement.

General: Residence in University of Delaware ("University") housing brings with it certain legal obligations and responsibilities. This document, together with the Student Guide to University Policies and all regulations, policies and procedures published by Housing Assignment Services, the Office of Residence Life and Facilities, 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.

The University cannot and does not assume responsibility for personal accident, injury, or illness to residents, guests or visitors, or for damage, theft, or loss of personal property, and the Student hereby releases the University, its officers, agents, and employees from any liability on account of any accident, injury, illness, property damage, theft, or loss not caused by the University's gross negligence or intentional act or omission. Students are encouraged to protect themselves from loss by purchasing appropriate insurance. In that regard, you should review any homeowner's policy that you or your family might have to determine whether the contents of your University room are already covered or could be covered with a relatively inexpensive policy rider.

University's duty to provide habitable residence: The University cannot guarantee against temporary failures of utility systems or defects caused by ordinary wear and tear. Instead, the University's duty is limited to the exercise of best efforts to provide clean, safe lodging for students with utilities in good working order.

Student Status: Students may reside in University housing if they are properly registered and in good academic, financial, and disciplinary standing with the University. Single full-time undergraduate students must be registered for at least 12 hours of academic credit in the spring or fall semester. Single incoming freshmen students are required to live in University housing or at home with parents or guardians. Requests for exceptions may be made to Housing Assignment Services.

Term of the Agreement: The Agreement becomes effective on the Binding Date. As of that date, the Student becomes fully liable for payment of the established rates for assigned housing, which payment must occur by the Published Payment Deadlines. Students are required to pay the full cost of the assigned room or apartment whether or not it is the type of housing requested. The Agreement shall remain in full force and effect for the remainder of the academic year unless the Student is released from it by the University.

Calendar: The opening and closing dates and relevant residence check-in dates for the residence halls and the Christiana Towers Apartments shall be as set forth in the Academic Calendar, recess periods, and the Housing Assignment Services Calendar.

Cancellations: Submission of the Agreement establishes a legal relationship between the Student and the University for the provision of housing during the academic year. Cancellations that occur prior to the Binding Date of the Agreement are considered cancellations of the housing application and Housing deposits will be forfeited in accordance with the Cancellation Policy.

Release by Student from the Agreement After the Binding Date: The Agreement is binding as of the Binding Date and throughout the entire academic year regardless of changed circumstances on the part of the Student, such as incompatibility with a roommate or suitemate, involvement in a lease in off-campus facilities or marriage. However, under specific acceptable circumstances ("Acceptable Circumstances") and other exceptional circumstances ("Other Circumstances") as set forth in the Agreement, a student may seek and obtain a release from the Agreement through Housing Assignment Services. In addition to the circumstances set forth in the Agreement, the University may, in its discretion, grant a release if no vacancies then exist in any of the University's housing facilities and another student is ready, willing and able to assume the Agreement for the room occupied by the student seeking such release. Nevertheless, even if the release is granted, a student will forfeit the entire Housing deposit paid by such student. Students are advised that, if no release is granted by the University, they will remain liable under the Agreement even if they choose to vacate the assigned room and live elsewhere.

Compliance with Law and Code of Conduct: As a student at the University, you must comply with all Federal, State, local and University laws, rules and regulations, including the Agreement. You are expected to know your Rights and Responsibilities and must comply with the University's Code of Conduct and the Residence Hall Regulations. At all times, you must respect the rights and property of all community members in the residence halls or apartment buildings, regardless of their background, beliefs, values, or attitudes.

Student Liability: Student agrees to accept responsibility and be held accountable for his/her actions, for the actions of his/her guest(s) (Guest Policy), and for proper use and care of the residence hall, dining facilities, assigned space, common areas, and all other University property.

Furnishings: The University will choose and provide furnishings for each residence hall and apartment. In addition, the University will provide appliances for apartments. Students may only use approved Appliances, Furniture and Electronic Equipment. Student agrees not to remove any furniture or appliances provided by the University except with the express written consent of the University.

Damage to Furnishings or Facilities: Students are financially responsible for any damage caused to University property. The University reserves the right, when individual responsibility cannot be determined, to hold residents collectively responsible for damage, theft, loss, or special service to the common areas or to University property within them.

Right of Entry: The University reserves the right to enter any room at any time without advance notice for the purposes of inspection, repair, maintenance, protecting the health, safety and security of residents and in cases of emergency, as determined by the University (Room Inspections).

Extended Housing: If all University housing has been filled prior to assignment of housing for Students who have requested it, a limited number of Students may be assigned to extended living accommodations, such as double rooms that have been furnished to house three students. Students with extended assignments will be assigned permanent assignments as soon as they become available as determined by Housing Assignment Services in conjunction with the Office of Residence Life.

Winter Session Occupancy: In order to live in a residence hall during Winter Session, students must be registered for at least one Winter Session course or academically approved project, or be approved to participate in a special University activity. Qualified students are not billed additional housing charges for Winter Session. Students residing on campus for Winter Session, unless assigned to Christiana Towers Apartments, are required to maintain a full resident dining plan.

Break and Recess Periods: Except for specifically designated buildings, residence halls are closed to residents during recess periods. Fees may be charged for occupancy in those buildings that remain open. (Housing Assignment Services Calendar)

Room Changes: The exchange of rooms or substitution of one occupant for another without approval in writing from Housing Assignment Services is prohibited. The procedure, calendar, and fees for room changes are set forth on the Housing Assignment Services Web site.

Reassignments: The University may make room changes or reassignments under the circumstances designated in this Agreement or in its discretion.

Right to Assign Vacancies: The University may reassign a vacant space in a room or apartment at any time without prior notification. Students may not intentionally dissuade or discourage newly assigned roommates from moving into the room.

Termination:
1. Breach of the Agreement. The University may unilaterally terminate the Agreement for the breach of any term or condition by the Student.
2. Non-Payment, Non-Registration. The University reserves the right to terminate a room assignment without prior notification if the Student fails to register for classes or occupy his or her University housing assignment, pay University charges/fees/fines, or maintain academic status.
3. Disciplinary Action. The University may also terminate the Agreement as a result of disciplinary action against the Student. Students who are removed from the University as a result of disciplinary action that occurred in University housing will be held responsible for the space for the remainder of the term in which the disciplinary action at the University is concluded and, in the discretion of the University, may be released from subsequent terms that may remain in the academic year. Students who are removed from the residence halls but remain enrolled in the University will be held responsible for the cost of the space and the dining plan for the remainder of the academic year.

Primary Residence: The residence hall space assigned to the Student by the University must be the Student's primary place of residence. In cases where a Student does not maintain his or her primary residence in the University-assigned space, the University may reassign that space to another student, and Student will remain bound by the Agreement. Subleasing of space is prohibited.

Vacating at the End of the Term/Academic Year: Students are required to vacate University housing and remove all personal belongings within 24 hours of completing their last final examination or by the scheduled closing time for such housing, whichever comes first. Specific regulations regarding vacating at the end of the term are found in the Agreement.

Safety and Security: Security is the responsibility of all students, and students are personally responsible for abiding by the security policies pertaining to residence halls. Actions that compromise the security of residence or living areas will subject the individuals responsible to disciplinary action and related fees. See regulations regarding Keys, Access Cards, Fire Drills, Safety, Room Inspections, and other Facilities Regulations, for more details.

Dining Services Agreement: Students living in all residence halls, except for the Christiana Towers Apartments, are required to maintain a full resident dining plan for the duration of the Academic Year Student Housing Agreement.

Controlling Documents: In the event of a conflict between this Agreement, the regulations, policies or procedures published by either 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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