ADDENDUM TO THE STUDENT HOUSING LICENSE AGREEMENT
ACADEMIC YEAR 2020-2021
COVID AND PUBLIC HEALTH-INFORMED POLICIES
This Addendum (“Addendum”) to the Student Housing License Agreement for Academic Year 2020-2021 (Agreement) is effective the sooner of (i) when signed by the residential student (Resident) (ii) on acceptance by Resident of an assignment to reside within the residential community at Sonoma State University, or (iii) when Resident commences occupying a Unit (“Addendum Effective Date”). This Addendum contains additional terms applicable to you as the licensee within the residential community and is fully incorporated into Resident’s Agreement as if fully set forth therein. By signing this Addendum, accepting your housing assignment or commencing to occupy a Unit, you agree you have read and are bound by the Addendum as well as the License Agreement.
All capitalized terms not defined in the Addendum have the meanings ascribed to them in the License Agreement. Please carefully review this Addendum and your License Agreement prior to accepting your assignment as it contains important policies and requirements to reside within the residential community for Academic Year 2020-21. In the event of a conflict between this Addendum and the remaining sections of the License Agreement, this Addendum will apply.
The University welcomes back residential students for Academic Year 2020-2021 and remains committed to community building within a safe and vibrant living and learning environment. The University aims to keep campus open for instruction (though very limited) while protecting the health and safety of our community and minimizing the potential spread of disease within our community. As a student residing on the University’s campus, the 2019 Novel Coronavirus, contagious viruses, or similar public health crisis (“COVID” or “Illness”) will impact your housing experience. It is incumbent upon all of our community members, including you as a residential student, to mitigate the spread of Illness and keep our community as healthy and safe as possible. The following policies, procedures and guidelines are incorporated into your License Agreement and are applicable to all Residents.
1. Health and Safety
a. Generally.
All members of the University community must act in a manner that demonstrates respect and consideration for the health and safety of all community members. All Residents are prohibited from creating a health or safety hazard within the residential community. As always, the University will endeavor to update you with timely information about specific health and safety guidance important for our students. Please note that additional requirements for students and residents relating to Illness are continuously updated and will be published on the University COVID website; these expectations are in addition to established Governor’s COVID-19 INDUSTRY GUIDANCE: Institutions of Higher Education, CSU Executive Orders, the Student Code of Conduct, and REACH Rules and Regulations. These additional requirements apply to you as both a Resident and a student and comprise a material part of your License Agreement. You are required to keep yourself informed of all current guidance as it is updated and to follow any other guidance provided by the University relating to Illness while on campus and while off-campus.
b. Compliance with Health and Safety Guidelines.
Residents are required to comply with health and safety laws, orders, ordinances, regulations, this Addendum, the Regulations and Guidelines, the Student Code of Conduct, University Health Guidance and all other CDC, campus, local, state and federal guidelines as it relates to public health crises, including COVID (collectively herein the “Health and Safety Guidelines”). This guidance will evolve as the public health crisis evolves and may include, but is not limited to, social/physical distancing, limitations or restrictions of guests within residential campus, limitations on gatherings, wearing a face covering or other personal protective equipment, diagnostic and surveillance testing or screening such as temperature checks (including before or upon arrival to campus as well as periodic testing while on-campus, completing the daily Wellness Survey), cooperation with contact tracing, disinfection protocols, and quarantine / isolation requirements (including before or upon arrival to campus or at any time during Resident’s Term as direction by Public Health Orders or directives), or quarantine requirements imposed following travel. Adherence to the Health and Safety Guidelines applies to all residents and campus visitors and extends to all aspects of residential life, including bedrooms, bathrooms, community kitchens, courtyards and other common spaces.
c. Removal from On-Campus Housing.
If the University determines, in its sole discretion, that Resident is creating a health or safety hazard or otherwise failing to comply with any provision of this Addendum or any Health and Safety Guidelines, the University may terminate Resident’s License Agreement and require a Resident’s immediate removal from residential campus if their continued presence poses a health or safety risk for community members, as determined by the University in its sole discretion. No termination of the Resident’s License Agreement in accordance with this section shall relieve the Resident of Resident’s obligations and liability under the License Agreement and such liabilities and obligations shall survive any termination of the License Agreement.
2. Separation; Reporting; Screening.
a. Reporting and Monitoring.
Resident acknowledges, agrees, and consents daily screenings for Illness as may be required by the Health and Safety Guidelines and further agrees to provide results to University or public health authorities if requested. Further, Resident agrees to self-report to University via the daily Wellness Screening if showing symptoms of Illness or receiving a diagnosis of Illness or any known exposure to a person diagnosed with Illness or displaying symptoms of Illness in order to keep other students, residents, faculty, and staff safe. Finally, Resident shall cooperate fully with any contact tracing or other similar efforts that may be required by the circumstances.
b. Isolation and Quarantine.
Resident agrees that if Resident or a suitemate/apartment-mate or other individual Resident has come into contact with is diagnosed with or displays symptoms associated with Illness, Resident will follow guidance provided by the University and/or health officials, which will likely include quarantining or isolating in place for fourteen (14) days or reassignment to a housing unit designated and appropriate for quarantine or isolation. Residents are required to comply with requests from the University for reassignment from their assigned space due to Illness or any other public health emergency. Failure to do so is a violation of the License Agreement and may subject a Licensee to emergency removal from their assigned Unit and/or to termination of their License Agreement in accordance with Section 1.c. of this Addendum. In those situations where a Resident is recommended to self-quarantine or self-isolate, Resident may not be permitted to continue residing in their Unit and will be provided alternative housing arrangements as needed and as available. Removal from one’s assigned Unit to isolate or quarantine does not constitute a termination of a Resident’s License Agreement.
3. Screening.
All Residents will be required to complete screening on a daily basis for COVID-19 symptoms, in accordance with University Health Guidance. By signing your License Agreement, accepting your assignment, or residing on campus, you consent to any screening required by the University prior to Move-In Day or anytime thereafter. Requirements will be communicated to Residents by the University prior to Move-In Day. You further agree to provide results to the University, as required.
4. Culinary Services.
Dining service, including if, where, and how it will be offered to Resident, is subject to the discretion of the University and its food service provider and may be modified from time to time to address public health concerns. Should the campus dining reopen for Spring 2021, first year students will be required to purchase the appropriate meal plan. If opened, the University will likely limit dining to primarily carry-out, may limit the occupancy of the dining halls, limit the amount of time Residents may reside within dining halls, or make other operational adjustments needed to address health and safety concerns.
5. Cleaning.
University will continue to implement and modify cleaning protocols to address Illness or any other public health emergency in the interest of minimizing the spread of any disease, including Illness. University will educate and inform Resident on appropriate cleaning protocols within their assigned spaces to reduce the spread of Illness within residence halls, through the Standards and Procedures and other avenues. Resident must comply with enhanced cleaning and hygiene measures while on residential campus as outline by signage placed in Unit prior to Resident occupying the space.
6. De-Densifying Efforts.
Residents are required to comply with any de-densifying efforts needed on campus due to illness or any other public health emergency, including, but not limited to, the relocation of all or some residential students to alternative housing off-campus. Reassignment does not constitute a termination of a residential student’s housing contract.
7. Termination.
Upon reasonable notice, the University may be required to terminate your License Agreement due to public health emergency needs, including COVID or other illness, at which time reimbursement may be considered for impacted Residents as appropriate and based on information available at that time.
8. ASSUMPTION OR RISK, RELEASE AND INDEMNITY
a. Assumption of Risk.
While the University remains committed to the public health and safety of its students, residents, and visitors, the University cannot guarantee your health and safety. It is incumbent upon each Resident, after evaluating available information as well as Resident’s own personal health and safety considerations, to make Resident’s own decision whether to reside on campus at this time. Resident acknowledges that, by residing on campus, Resident may be exposed to risks that could result in illness, including contagious virus, personal injury, or death. Resident acknowledges and understands, that by residing on residential campus, Resident accepts and assumes all risks associated with communal living and in any shared living environment, those risks include exposure to contagious virus, including Illness. Resident acknowledges, understands, and accepts that University cannot control these risks.
b. RELEASE.
IN CONSIDERATION OF UNIVERSITY GRANTING MY REQUEST TO PERMIT ME TO RESIDE ON RESIDENTIAL CAMPUS DURING ILLNESS OR PUBLIC HEALTH EMERGENCY, RESIDENT HEREBY RELEASES SONOMA STATE UNIVERSITY, THE CALIFORNIA STATE UNIVERSITY SYSTEM, THE STATE OF CALIFORNIA, AND EACH OF THEIR OFFICERS, EMPLOYEES, AND REPRESENTATIVES FROM ANY AND ALL DAMAGES, LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, EXPENSES, OR LOSSES (“CLAIMS”) TO RESIDENT, AND TO RESIDENT’S PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, RESULTING FROM, RELATING TO, OR ARISING OUT OF POTENTIAL EXPOSURE TO CONTAGIOUS VIRUSES OR ILLNESS, INCLUDING INJURY OR DEATH, IN ANY WAY CONNECTED WITH OR CAUSED BY OR SUSTAINED BY RESIDENT WHILE CONTINUING TO RESIDE ON RESIDENTIAL CAMPUS.
c. Indemnity; Hold Harmless; and Waiver
Resident agrees to indemnify and hold harmless, waive, and covenant not to sue Sonoma State University, the California State University system, the State of California, or any of each of their officers, employees, and representatives from liability for the illness, injury or death of any person(s) or damage to property that may result from the University’s breach of this Addendum or the License Agreement, or other negligent, grossly negligent, reckless or intentional act or omission while residing with residential campus. It is Resident’s express intent that this shall bind the members of Resident’s family and spouse, heirs, assigns, and personal representatives, and release shall be governed by the laws of the state of California.
I HAVE CAREFULLY READ THIS ADDENDUM AND UNDERSTAND THAT IT IS A RELEASE, WAIVER, AND HOLD HARMLESS OF LIABILITY OF ALL CLAIMS AND CAUSES OF ACTION FOR INJURY OR DEATH TO MYSELF THAT OCCURS WHILE I AM RESIDING WITHIN THE RESIDENTIAL COMMUNITY AND IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED.
I hereby affirm by way of electronic signature that I have read the License Agreement and this Addendum, including the Assumption of Risk, Release, and Indemnity provisions and understand and agree to all of its provisions. If Resident is not yet eighteen (18) years of age at the time this Addendum is executed, Resident’s parent or legal guardian must also execute and be a party to this Addendum before the University can assign Resident to a Unit.