Summer Housing - Resident Agreement

Transcription

1 University of St. Michael s College Summer Housing Department 81 St. Mary Street, Toronto, ON M5S 1J4 TEL: (416) FAX: (416) smc.summer@utoronto.ca Summer Housing - Resident Agreement I, hereby accept the offer of a room (a Room ) in the University of St. Michael's College ( the College or St. Michael's College ) Summer Housing ( the Residence ), and agree to all of the following terms and conditions: A. TERM The tenancy period (the Term ) of this Agreement is set based on the arrival date and departure date set out in the Application. The Resident is required to check in after 3:00PM on the arrival date and check out before 11:00AM on the departure date. B. FEES The Resident agrees that on accepting the offer of a space in the Residence, they shall pay all fees for room and/or board including incidental fees and interest charges as outlined in the Summer Housing Fee Schedule, or when specified by the College. The total costs of the fees are to be paid to the College in advance of the arrival date. Cancellations will be subject to forfeiting the $ reservation deposit paid. C. DEPOSIT The Resident agrees to provide the College with a deposit in the amount of $ in respect of the reservation of the Room at the Residence, which the deposit shall be credited towards the Resident s fees for room and/or board at the Residence. D. WITHDRAWAL/EARLY CANCELLATION The Resident agrees that they will forfeit the $ deposit paid to the College should the Resident cancel their tenancy prior to moving in. The Resident further agrees that they are liable for all Housing Fees should the Resident cancel their tenancy after moving in. E. DAMAGES The College will review each damage situation with the Resident, however the Resident is solely responsible for the costs of any damages caused by the Resident to the College. The Resident is responsible to pay for their damages upon immediate notice of the damage date. Failure to do so could result in immediate termination of this Agreement F. FIRE ALARMS If the Resident is involved in any unauthorized fire alarm situation the Resident will be billed a $500 administrative penalty plus the actual costs of the attending fire services. The relevant information concerning each incident will be fully reviewed with the Resident should fire services attend to site due to unauthorized Resident action. G. OTHER POLICIES & PROCEDURES The Resident agrees to follow and abide by Schedule A: Other Policies & Procedures H. TERMS & CONDITIONS The Resident agrees to the terms and conditions as stated in Schedule B: Terms & Conditions. I. RESNET TERMS & CONDITIONS The Resident agrees to the terms and conditions for usage of the College s internet network as stated in Schedule C: Terms & Conditions for USMC Resnet. Page 1 of 6

2 SCHEDULE A: OTHER POLICIES & PROCEDURES 1. Residence Orientation The Residence will review the Summer Housing Handbook prior to their arrival date. The policies outlined in the Summer Housing Handbook must be followed by the Resident at all times during the Term. The Summer Housing Handbook is available in advance on the College s website. 2. Key Cards & Keys The initial issuing of key cards and/or keys will take place upon the arrival date. Key card(s) and/or keys that are lost or stolen will be dealt with on an as needed basis and can be obtained from the Security Desk in the lobby of Elmsley Hall. Lost or stolen key cards will be charged to the Resident at a cost of $20.00 per key card. 3. Housekeeping All Residents can expect common areas and washrooms to be cleaned by the housekeeping staff on a daily basis. Residents are responsible for keeping their own rooms clean. Housekeeping staff will not clean the Residents rooms for the duration of the Term. However, housekeeping services are available to Residents on a case-by-case basis for a fee and can be arranged through the Summer Housing Office. 4. Smoking Policy No smoking is permitted within any residence room or building on the College s campus. Should evidence of smoking within a room/building be discovered (including, but not limited to, the scent of a cigarette or other smoke, tampering with the smoke detectors, etc.), the Resident will be charged a $ fine. It is up to the discretion of the employees in the Summer Housing Office whether or not the Resident will be evicted for violating the smoking policy. Page 2 of 6

3 SCHEDULE B: TERMS & CONDITIONS 1. The Resident shall remove his/her belongings and vacate the room no later than 11.00am on the Departure Date, and return the keys to the Security Desk located at 81 St. Mary Street. The Resident has no vested right to occupy the room after the Departure Date. After the Departure Date, College staff shall have the right to enter the room and change the locks, at its sole discretion, without notice or liability to the Resident and without providing the Resident with a new key for the lock. The College has no responsibility for any possessions of the Resident or of any other person left in the room or the residence after the Departure Date. The College has the absolute right to dispose of such possessions after the Departure Date without any liability to account to the Resident thereof. Any items left behind by the Resident will be removed and disposed of within 24 hours. 2. Room doors shall be locked at all times. The College will not take any responsibility for lost or stolen articles. 3. The Resident agrees to and will abide by the University of St. Michael s College Summer Housing Handbook 4. The Resident agrees that it/he/she is entitled to the use of the space which is allocated to it/him/her by the College in its sole discretion, and that the College will retain possession and control of such space during the Term of the Resident s occupancy. The Resident agrees that the College is entitled to establish restrictions on the Resident s use of such space and the Resident agrees, inter alia, not to: a. deface any wall, ceiling or surface of the residence or damage the furniture; b. use any open flame or open element cooking implements (grills, electric frying pans, toaster ovens, woks, etc.) in the rooms, common areas, porches or balconies; c. overload the electrical or internet circuits of the room; d. behave unreasonable in a manner which disturbs, annoys or interferes with the use, enjoyment or safety of the residence by other residents or staff; e. commit or permit an illegal act in residence; f. keep pets of any sort; g. smoke in the residence buildings. 5. The Resident further acknowledges the following: a. It/he/she will comply with the regulations established by the College, entitled the University of St. Michael s College Summer Housing Handbook as amended from time to time. A copy of which has been made available to the Resident by the Housing office. b. The right of the College to allocate and re-allocate rooms; c. The right of the College staff to levy charges in the event of damage done to the Resident s room or its contents, or other College property, by the Resident or the Resident s guests; d. The right of the College to levy charges or fines in the case of legal action arising in relation to this Agreement, or from the violation of the regulations established by the College; e. The right of the College Staff to confiscate contraband materials that are found on College property. 6. The Resident hereby acknowledges and agrees that high density populations are occasionally subject to pest outbreaks, including but not limited to bedbugs. With the declining use of pesticides coupled with increased exposure due to travel, outbreaks of bedbug infestation have been occurring at fine hotels, college/university residences and hostels across Canada and the U.S.A, and bedbugs may be unknowingly brought to the Residence by a Resident in his or her luggage. The Resident hereby acknowledge and agree that should they suspect that their Room has bedbugs, they shall Page 3 of 6

4 contact the Summer Housing Office right away and the College will take actions to investigate. If the presence of bedbugs is confirmed, the College will engage a professionally licensed pest control company to treat the problem. To reduce the likelihood of further infestation, the College will check adjacent rooms as well. The Resident hereby confirms that they will provide full cooperation and active participation in dealing with the treatment, including, but not limited to, laundering linen and clothing using as hot a washing/drying cycle as possible. The Resident acknowledges that the College will steam clean the carpet in the Room which will require the Resident to move their personal belongings in order to provide access. The Resident hereby acknowledges and agrees that should bedbugs be confirmed, no refund or reduction of fees will occur and they will not be relocated due to the increased risk of spreading the pest. The Resident hereby acknowledges that bedbug eradication is often a lengthy process and it may take repeated actions to treat any bedbug problem in my Room. 7. The Resident hereby disclaims and renounces any and all rights, claims, demands and causes of action of any kind or nature whatsoever that he/she may have against the College and the Collegium of The University of St. Michael's College (the Collegium ) and those for whom they are in law responsible, their successors and assigns, arising out of or connected with any enforcement or nonenforcement by the College or the Collegium of any of the rules, regulations and rights listed in Section 4 and 5 above. 8. The Resident hereby agrees that it/he/she shall not hold the College nor the Collegium and those for whom they are in law responsible, their successors and assigns, liable for any losses, causes of action, demands or other incidental, indirect, consequential, special or contingent damages, that he/she may incur or sustain arising out of, or in any way connected with the Resident s residency at the College; The Resident agrees to these terms regardless of the form that any losses or damages may take, whether or not the possibility of any such losses or damages reasonably could have been foreseen by the College or the Collegium, and whether or not any such losses or damages were the result of the Resident s failure to abide by the rules and regulations referred to herein, including, without limitation, theft, fire, howsoever caused, injuries, illness, or accidents to the Resident or the Resident s invitees, natural disasters, vandalism, or the failure of the College or the Collegium to enforce the aforementioned rules and regulations. 9. In consideration of the College accepting the Resident, The Resident hereby agrees to indemnify and save harmless the College, the Collegium, and those for whom they are in law responsible, their successors and assigns, from and against all losses, liabilities, costs and expenses they may incur or sustain in respect of any demand, claim, action, suit or proceeding that is proposed or commenced against them, relating to or arising out of my failure to abide by the rules and regulations referred to herein. This indemnity shall be binding upon the Resident s heirs, executors, administrators and legal personal representatives. 10. The Resident agrees that the College shall be permitted to enter residence rooms for the purpose of regular cleaning or repairs, or at any time and without notice in the event of an emergency or perceived emergency, or in order to examine the state of the room, including sanitation and safety. The College will try to give the Resident 24 hours notice before tradesmen enter the room for maintenance or improvements deemed necessary by the College. 11. The Resident agrees to use the room only as a private dwelling for it/her/himself. The Resident agrees that visitors may not remain on the premises overnight (between midnight and 9.00 AM). 12. The Resident agrees to be responsible for the conduct of its/his/her visitors. Page 4 of 6

5 13. The Resident agrees that the College shall have consent to contact the Resident s emergency contact and/or next of kin in case of a medical crisis or critical situation. 14. The Resident agrees that the College shall have consent to contact the Resident s emergency contact if the Resident exhibits behaviours which are deemed to be potentially harmful to themselves or others. The Resident further agrees that the College reserves the right to terminate the Agreement prior to the end of the Term where the Resident is deemed unfit to residence at the College and/or poses a risk to themselves or others. 15. The Resident acknowledges that most buildings in Canada built prior to the mid-1980s, including certain of the College s facilities, contain asbestos in one form or another. Scientific knowledge to date indicates asbestos in its non-friable form (such as in floor tiles, ceiling tiles, etc.) poses no danger unless it is being drilled, ground, broken or sanded. Friable asbestos (i.e. material that can be easily ground to dust between fingers), inhaled in large quantities over a long period of time, however, may be a health hazard. The College has an Asbestos Control Policy in place that fulfills the requirements of current applicable legislation. This program ensures that correct procedures are followed in the handling of asbestos and that every precaution is taken to reduce any potential exposure risk to the College community. Asbestos used in decorative ceiling stucco, vinyl floor tile, dry wall joint compound or transite board, as found in some residences, is non-friable. However, it can become friable if disturbed. The Resident hereby agrees that they will not damage the structures or make alterations or repairs to the Residence without the explicit written approval of the College. 16. The Resident agrees that the College shall have the right to terminate this Agreement immediately by giving written notice to the Resident for a breach of any of the terms or covenants of this Agreement by the Resident including the University of St. Michael s College Summer Housing Handbook, or for the non-payment by the Resident of any amount due to the College. If the College considers at any time whatsoever that any action or conduct of Resident or any factor exists which, in the College s sole discretion is deemed to be a real or apparent danger to the health or physical safety of Resident or of any other person in the College s residence community, the College may forthwith terminate this Agreement by delivering a written notice of such termination to Resident or to the Resident s mail box, and upon delivery of such notice, this Agreement shall immediately terminate. The Resident agrees to give vacant possession of the premises to the College at or before the effective time of termination. The Resident will surrender the premises and all fixtures in the same condition as the date it/he/she arrived, reasonable wear and tear excepted. 17. This Agreement will be governed by the laws of Ontario and the laws of Canada applicable therein and the parties irrevocably attorn to the jurisdiction of the courts of Ontario. This Agreement, and the documents or agreements referred to or incorporated into this Agreement by reference, constitutes the entire agreement between the College and Resident with respect to the Resident s residency at the College. The waiver by the College of a breach of any provision of this Agreement or the documents or agreements referred to or incorporated by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. Page 5 of 6

6 SCHEDULE C: TERMS & CONDITIONS FOR USMC RESNET 1. The Residents agrees to have read the University of Toronto s policy on the Appropriate Use of Information Technology located either at information commons on the first floor of Robarts Library or at The Reisdent agrees to be bound to this policy. 2. The USMC Resnet reserves the right to limit/deny access to network for anyone, for any reason and at any time. Network user must understand that network is intended for support of academic objectives. Inappropriate uses includes, but are not limited to: a. The illegal distribution of copyrighted materials b. Distributing or publicizing offensive or objectionable materials c. Unauthorized or attempted unauthorized access to other systems and services within the network or across the internet d. Excessive use of network resources or providing access to network resources to unauthorized uses e. Promoting, conducting, or maintaining commercial activities f. Harassing, intimidating, threatening, or disrupting other people or groups 3. The Resident may not connect multiple computers to their network jack or share any network port without prior consent from the College s network administrator. 4. The Resident may not run DNS/BOOTP servers, SMPT/POP/IMAP servers, or remote access servers without prior consent from the College s network administrator. 5. The Resident acknowledges that College is not responsible for any loss or damage the Resident may incur through uses of the network. Universities reserve the right to monitor and /or confiscate any equipment or information which has been or is suspected of being used to illegally access the network. 6. The Resident understands that the College maintains a zero-tolerance policy for network abusers. Page 6 of 6