The Student Housing License Agreement and the Policies & Regulations described below govern all residential occupants. By completing and signing the Student Housing License Agreement (“License Agreement”), you (“Licensee”) agree to all these provisions.
Licensee agrees to comply with all Residential Education and Campus Housing Regulations and Guidelines and any subsequent amendments. Regulations are available on the Residential Education and Campus Housing website. Adherence to established University Policies shall be required. Visit www.sonoma.edu/policies/ for a complete listing of Sonoma State University Policies.
Please read these provisions carefully before submitting a completed License Agreement as this is a legally binding agreement between you as Licensee and Sonoma State University on behalf of the Board of Trustees of the California State University, (“University”).
A. TERMS & CONDITIONS
This License Agreement is subject to the regulations contained in Title 5 of the California Code of Regulations, Sections 42000-42101. Those regulations are available online at www.calstate.edu/FT/PgmPol/T5dir.shtml or in the Residential
Education and Campus Housing office (REACH). Licensee shall follow and adhere to all California State University, Sonoma State University, state, and local county rules, policies, including those regarding health and safety standards, and any such directives related to self-quarantine, social distancing, and/or face coverings. (See also any applicable Addendums.)
To qualify for a space in the residential suites or on-campus apartments, hereafter called “Unit,” a student must be regularly enrolled at least nine units in an approved academic program as a matriculated student at Sonoma State University, hereafter called University. Other eligibility may be considered with written approval of the University.
The university may revoke the License Agreement if the Licensee fails to meet this requirement. If Licensee's provisional admission is rescinded, or Licensee is disqualified between semesters, Licensee is responsible for notifying Residential Education and Campus Housing Office (“REACH”) immediately in writing. (See Terms & Conditions, Sections cancellations).
This License Agreement shall not be transferred except as permitted in Section 9.
It is understood and agreed by Licensee and University that no lease or any other interest in real property is created by this License Agreement.
B. OCCUPANCY PERIOD
1. Licensee may contract for a bed space either for the entire Academic year or may contract for the Spring Semester only.
a. Academic Year (2022-2023) License Agreement: Fall Semester begins Sunday, August 21, 2022, ends Friday, December 16, 2022. Spring Semester begins Friday, January 20, 2023, ends Friday, May 19, 2023.
Note that Licensee must vacate their room during the periods described in Section D. The occupancy period may be extended only with the written approval of the University. Licensee should vacate their room 24 hours after their last final.
Failure of Licensee to move in one week after the contract start date may constitute a no show cancellation of the License Agreement, see Cancellation Section below.
The time between December 17, 2022 and January 20, 2023 are not included in the academic year period during which the Licensee can occupy the unit.
b. Spring Semester 2023 License Agreement: Spring Semester begins Friday, January 20, 2023, ends Friday, May 19, 2023.
1. Note that Licensee must vacate their room during the periods described in Section D. The occupancy period may be extended only with the written approval of the University. License is encouraged to vacate their room 24 hours after their last final.
c. A Licensee who has a University requirement or long-distance travel necessitating an early arrival of up to one week prior to occupancy in housing can request Early Arrival through the Housing Portal by the last day of July. Approved requests will be charged a prorated rental rate based on the number of days and the room type.
C. COVID 19 REQUIREMENTS
1. Licensee agrees to comply with all directives, policies, and orders of the University and the Board of Trustees of the California State University (collectively the University) related to COVID-19, as may be amended from time to time during the term of this License, including, but not limited to, all requirements for protective masking, social distancing, testing, isolation, and quarantine.
2. Licensee agrees to comply with all applicable federal, state, and local public health laws, regulations, orders, and guidance related to COVID-19, as may be amended from time to time during the term of this License.
3. Licensee agrees to comply with any COVID-19 testing protocols that may be required by the University and to reasonably cooperate with the University in discharging Licensee’s obligations under this section.
4. Licensee understands and agrees that COVID-19 immunization may be required in the future by the University as a condition of continued occupancy. In the event that the University determines that COVID-19 immunization will be required for continued occupancy, Licensee agrees to provide the University proof of vaccination within the time period and in the manner requested by the University.
1. Licensee has permission to occupy their assigned space during Thanksgiving/Fall, Winter and Spring breaks.
2. Only Licensees continuing from Fall to Spring semester have permission to occupy their space while Winter intersession is in session. Break periods require residents to register and is available for occupancy at no additional cost.
3. The time between December 17,2022 - January 1, 2022 are not included due to scheduled University construction as needed. A Licensee is not permitted to be on campus during this time and must vacate the residential community.
4. For the safety and security of the campus community over break periods, Licensee is required to pre-register their occupancy before the break. There is no additional rent cost to Licensee.
E. ROOM, BUILDING, AND VILLAGE ASSIGNMENT AND CHANGES
1. Licensee has permission to occupy their assigned space during Thanksgiving/Fall, Winter and Spring breaks (see "D" above).
2. Specific assignment of a bed space shall be made by the University at its sole discretion based on the needs of the licensee and/ or REACH.
3. Licensee may only occupy the assigned bed space.
4. Room changes may only occur as directed by the REACH staff, but may be requested by Licensee and if approved by authorized REACH staff.
5. The University reserves the right to change room assignments, assign a new Licensee, or reassign a current Licensee to an unoccupied bed space at any time, and/or consolidate vacancies as needed or in the interest of health, discipline, occupancy, or for general welfare of Licensee, the campus community and/or University.
6. Failure to move to a new room as directed by staff, or failure to accommodate a room for a new roommate, are violations of the Housing Regulations and Guidelines.
7. University may require Licensees to consolidate when half a room is vacant. If Licensee fails to adhere to the consolidation, Licensee may be subject to disciplinary action and/or appropriate rent charges.
8. Licensee may have the option to “buy out” the open bed space (double room) or apartments turning the unit into a single use space, depending on availability and departmental needs.
F. CULINARY SERVICES CONDITIONS
1. The 2022-2023 License Agreement automatically includes a required meal plan for all first time first year freshmen. All other Licensees may purchase an optional meal plan through Culinary Services. Licensee agrees to comply with the following conditions that govern use of the Sonoma State University (SSU) Culinary Services:
a. The REACH office is collecting the meal fee on behalf of SONOMA STATE ENTERPRISES, INC., who is the provider of the required meal plans for all first year college students. The required meal plan will begin and end according to the Occupancy Period, Section 2, unless sooner terminated under the provisions of this License Agreement.
b. Licensee agrees to comply with the following conditions that govern use of SSU Culinary Services: i. Meal plans are not transferable.
ii. If Licensee’s meal card is lost or stolen, or if there is suspicion that someone else may be using the account, Licensee shall immediately notify the Culinary Office in person or call (707) 6642993 (24-hour VMS). Licensee is liable for any unauthorized use of the meal plan.
iii. Licensee is responsible for any cost associated with replacement of ID card.
iv. Should the meal plan system go offline, Licensee’s meal plan will be accepted. Licensee will be responsible for all goods and services received during this time.
v. Food service fees will not be reduced due to dietary needs or other restrictions.
vi. The first meal for the FALL SEMESTER is brunch on Sunday, August 21, 2022. No meals are served during Thanksgiving/Fall break, Thursday, November 24, 2022 through Sunday, November 27, 2022; the last meal before Thanksgiving/Fall break is lunch on Wednesday, November 23, 2022, and reopens for dinner on Sunday, November 27, 2022. The last meal of the Fall semester is dinner on Friday, December 16, 2022, unless previously terminated under the provisions of this License Agreement. The first meal for the SPRING SEMESTER is brunch on Sunday, January 22, 2023. No meals are served during Spring break, Saturday, March 18, 2023 through Sunday, March 26, 2023; the last meal before Spring break is brunch on Saturday, March 18, 2023 and reopens for dinner on Sunday, March 26th. The last meal of the Spring semester is dinner on Friday, May 19, 2023, unless previously terminated under the provisions of this License Agreement.
g. In case of cancellation of the License Agreement, meal plan payment refunds will be prorated based on the plan’s daily average calculated and declining dining dollars.
h. Upon cancellation of the License Agreement, if a student remains enrolled at the University and would like to continue to use the meal plan, the student will complete an addendum upon vacating.
i. No refunds for culinary services will be issued for cancellations made with thirty (30) days or less before the end of the semester.
j. Additional information on the meal plans provided by Culinary Services and expectations can be found on the Culinary Services website.
G. MAINTENANCE OF PREMISES
1. University shall provide Licensee with the furnishings noted on the online Room Inventory.
2. Licensee agrees to give reasonable care to the assigned space, and its furnishings and to make payment for any damage or loss promptly upon demand by University.
3. Licensee shall be responsible for notifying the University in a timely manner regarding any maintenance repairs needed to the unit. Failure of Licensee to keep residence in good condition because of abuse, neglect to clean, or lack of reporting maintenance needs will result in Licensee being responsible for reimbursing University for the cost to bring the unit back to good order.
4. Licensee shall vacate the living unit in good order and repair, normal and reasonable wear and tear as expected, as determined by the University in its sole discretion.
5. In the event Licensee fails to maintain the living unit in good order and repair, Licensee shall pay University the reasonable costs incurred in returning the living unit to a condition of good order and repair, as determined by University in its sole discretion.
6. Licensee shall be required to take all reasonable and pertinent steps to prevent conditions that may cause mold or mildew to develop in the unit and agrees to promptly report to the University any evidence of water intrusion, moisture accumulation or mold in any location of the residence. Failure to report such a matter timely may result in repair costs being billed to the account of Licensee.
7. Licensee shall make no alteration to the housing facility without advanced written permission of the University. Any structural alteration in or to the unit is prohibited without advanced written permission of the University.
8. Licensee shall not possess any highly flammable material, firearm, ammunition, fireworks, explosives, dangerous weapons or any other material or instrument which, in the opinion of the University authorities, poses an unreasonable risk of damage or injury.
9. The Campus Housing Fire Safety report is posted online at www.sonoma.edu/housing/general-info/emergencyprep/fire-safety.html.
H. CANCELLATION OF HOUSING LICENSE AGREEMENT BY LICENSEE
1. Licensee may cancel their application and license prior to the beginning of the license period by submitting a written cancellation notice to REACH as follows:
a. For an Academic Year License: Cancellations received through June 1 will receive a 50% refund of the Housing Down Payment; non-refundable thereafter.
b. For Spring Semester Only License: Cancellations received through December 15 will receive a 50% refund of the Housing Down Payment; non-refundable thereafter. (This cancellation deadline applies only to students with a Spring 2023 License Agreement as referenced in Section 2.)
2. Cancellations received after the following dates will be charged $250:
a. For an Academic Year License: August 1
b. For a Spring Semester Only License: January 1 (This cancellation deadline applies only to students with a Spring Only 2023 License Agreement as reference in Section 2 above.)
3. Cancellations after Occupancy - Licensee may submit a Petition to Break Student Housing License Agreement after occupancy has begun. The University may exercise its sole discretion to grant or deny the Petition. If the University denies the Petition for cancellation, Licensee shall owe the full fee period of the License Agreement, plus any other applicable charges, such as for damages and/or cleaning fees.
a. Petitions will be deemed delivered upon receipt of written Petition notice by REACH Office and must be made at least thirty (30) days prior of the date Licensee is intending to vacate. Date of receipt of Licensee’s completed Petition to Break the License Agreement will be used as the start of the 30 day notice.
b. A licensee who petitions and is below the required number of academic units at the University will be automatically released from the License Agreement. Rent fees will be prorated based on submitted petition and vacate date.
c. A Licensee submitting a Petition due to personal, medical or financial reason will follow the guidelines for the request and provide documentation supporting their request.
d. A Licensee submitting a Petition to Break the License Agreement during the Fall semester to not attend the Spring semester at SSU, must provide 30 days’ notice prior to the last day of the Fall semester.
e. If Licensee’s Petition to Break the License Agreement is accepted, Licensee will be released from the License Agreement without penalty (except if a $250 service fee is assessed for Petitions received with less than 30 days notice of the date intending to vacate). REACH will credit Licensee account with an amount equal to the prorated amount of prepaid and unearned room charge for Licensee’s unit minus any applicable costs/fees or expenses related to damage that may have occurred.
f. If Licensee’s Petition to Break the License Agreement is not accepted, Licensee shall be obligated to pay the amounts due under this License Agreement, including if licensee vacates or abandons the unit.
g. A $250 service fee will be assessed for approved Petitions when the notice given was less than 30 days.
h. Any Licensee who fails to occupy assigned space within one week after the contract start date shall be considered a no-show cancellation. Licensees considered no-show cancellations shall owe a thirty (30) day rent fee.
i. If a replacement Licensee acceptable to University agrees to take over the vacated bed space of Licensee, University may reduce the thirty (30) day rent fee to a $250 cancelation fee. University is under no obligation to do so before all other units/bed spaces/facilities in housing are filled.
j. If Licensee is evicted from University housing, voluntarily leaves University housing, or is suspended from the University, Licensee shall owe the full License fee (e.g. academic year), any applicable costs/fees or charges for damages and cleaning, and all nonrefundable fees.
I. REVOCATION OF LICENSE AGREEMENT
1. The University may revoke (i.e. termination) this License Agreement based upon any of the following conditions:
a. In the event of misconduct by Licensee listed in §41301, Title 5, California Code of Regulations.
b. Failure of Licensee to maintain status as a student at University enrolled in at least nine units per semester.
c. Licensee’s breach of any term or condition of this License Agreement or any addendum specifically including, but not limited to, any applicable Policies & Regulations, referenced in this License Agreement and/or any Addendums. See https://housing.sonoma.edu/License-Agreement.
d. Failure of Licensee to timely pay University required fees.
e. Administrative necessity of University. Administrative necessity exists when a condition occurs and prevents the University from making or continuing to make a housing facility available to Licensee. Such conditions shall include, but are not limited to, damage caused by floods, slides, fire, earthquake, other natural disasters and vandalism; civil disorder; compliance with state or federal law; or interruption of basic services because of labor strife. Such conditions shall also include a dramatic increase in demand for housing oversupply not reasonably foreseen by the campus, if such demand results in an overbooking of available housing facilities.
f. If the continued presence of Licensee poses a danger to themselves or other residents, staff, faculty, or other members of the University community.
g. Licensee must be a regularly enrolled student who remains in an approved academic program throughout the license period. If Licensee's provisional admission is rescinded, or Licensee is academically disqualified, Licensee may not occupy a bed space within the Housing facilities and must cancel the housing License Agreement in writing. Once the cancellation letter is received the License Agreement will be revoked. Licensee whose provisional admission is rescinded will be credited housing and food charges if they have not taken occupancy. Licensees who are academically disqualified will be credited housing and food charges if they have not taken occupancy and shall owe any charges for damages and cleaning. If Licensee has taken occupancy of the unit, REACH will credit Licensee’s account with an amount equal to the prorated amount of prepaid and unearned room charge for licensee’s unit minus any expenses related to damage that may have occurred.
h. Except in case of emergency, University shall endeavor to provide Licensee not less than three days’ notice in the event of an occurrence described in subsections (a), (b), (c) or (d) and not less than fourteen (14) days written notice in the event of an occurrence described in subsection (e).
h. Licensee shall be obligated to pay the amounts due under this License Agreement, including if licensee vacates or abandons the unit.
j. In the event that the University revokes the License Agreement, Licensee will be assessed charges as noted in Section 8.
J. FINANCIAL OBLIGATIONS FOR VACATING AND REVOCATIONS
The financial obligation of Licensee is stated in Title 5, California Code of Regulations and in the 2022-2023 Campus Housing Regulations.
K. ABANDONMENT OR TERMINATION BY LICENSEE
Except as permitted in Section 8 or 9, termination of this License Agreement or abandonment of the premises by Licensee shall not release Licensee from paying any obligation due to the University for so long as University does not terminate Licensee’s right to an assigned bed space. In the event of termination or abandonment by Licensee, Licensee shall have the right to be released from this agreement if a suitable replacement is secured, pursuant to campus regulations and with consent of University at its sole discretion. The suitable replacement condition only exists when the campus is at 100% occupancy.
L. DESTRUCTION OR UNAVAILABILITY
In the event that an Assigned Space is destroyed or becomes unavailable as the result of conditions not within the control of University at the time this Agreement is made and University is unable to offer Licensee another housing option, Licensee may be entitled to a prorated refund of any payments and fees applicable to periods after Licensee was required to vacate based on University and/or Chancellor’s Office sole discretion. Such conditions could include, damage caused by floods, slides, fire, earthquake, other natural disasters and/or vandalism; civil disorder, pandemic, compliance with local, state or federal law or interruption of basic services, including due to labor strife, but do not include any condition as described in Section 7 “Maintenance” or Section 9 “Revocation of License Agreement.”
If the University determines it is critical to close and/or evacuate Licensee from Campus Housing due to any of the reasons stated above, the University may, at its option, find alternative suitable housing for Licensee elsewhere, including on or off campus. If Licensee chooses not to accept University’s offer of alternate accommodation during the campus housing closure, Licensee is not entitled to compensation for days when Licensee declines to stay in alternate on-campus or designated off-campus housing.
The University shall authorize refunds only as provided in this Agreement or in Title 5 of the California Code of Regulations, University policy or other applicable law, or when determined by the CSU or SSU Cabinet.
N. VACATING THE HOUSING FACILITY
Licensee shall vacate the housing facility on the expiration of the license period or upon revocation of this License Agreement, whichever occurs first. Failure to abide by proper check out procedures may result in Licensee being assessed charges for improper check-out as well as jeopardizing ability to live on-campus in future semesters.
- TREATMENT OF INDEBTEDNESS
1. Failure of Licensee to satisfy the financial obligations of this License Agreement may result in the following:
- Imposition of a late fee, in accordance with the fee schedule.
- Revocation of the License Agreement.
- Withholding of University services pursuant to §42380, et seq., Title 5, California Code of Regulations. This includes denial of registration.
- Offset of paychecks, loans, grants or scholarship payable through the University, and/or income tax refunds or rebates.
- Legal action to collect unpaid obligations.
By signing the License Agreement, Licensee consents to the release of information from their student records to non-university third parties such as credit bureaus, credit gathering organizations, skip tracers, billing agencies, collection agencies, legal counsel, parents, guardians, and employees which may, in the judgment of University, be necessary or helpful in the collection of any delinquent obligation arising out of the License Agreement.
P. RIGHT OF ENTRY
The University shall have the right to enter the premises occupied by Licensee for the purposes of emergency, health, safety, fire and/or life safety, fire and/or life safety maintenance/inspection, maintenance, management of applicable rules and regulations, or for any other lawful purpose including, but not limited to, routine inspections of the residential and common living/bathroom areas. University shall exercise these rights reasonably and with respect for Licensee’s right to be free from unreasonable searches and intrusions of privacy. Except in case of emergency, the University shall endeavor to provide reasonable notice before entering premises.
University assumes no responsibility for any property of Licensee or Licensee’s guests, which is stolen, damaged, vandalized or destroyed in the housing facility at any time, including periods when Licensee is not in occupancy or after the term of the occupancy has expired. University does not have insurance to cover the personal or property damage of Licensee. The University highly recommends that Licensee, at their sole expense, obtain appropriate insurance to protect themselves in the event of loss to personal property or damage to the premises, such as a renter's policy.
R. VISITORS AND GUESTS
Licensee shall permit no visitors or guests to enter the Housing Facility except as permitted by the Guest Policy in the Housing Regulations.
The waiver of any breach of a term or condition of this License Agreement shall not constitute a waiver of any subsequent breach nor shall the acceptance of rent under this License Agreement by University be deemed to be waiver of any preceding breach by Licensee of any term, covenant, or condition of this License Agreement.
T. HOLD HARMLESS
Licensee agrees to indemnify and hold the University harmless from any and all claims arising from Licensee's use or occupancy that is improper, illegal or a violation of the License Agreement.
U. TAXABLE POSSESSORY INTEREST
It is the position of University that this License Agreement does not create a taxable possessory interest in real property. However, pursuant to Revenue and Taxation Code §107.6, Licensee is hereby notified that a taxing authority may take a contrary view and may assess Licensee property taxes based on Licensee’s interest in this License Agreement.
V. MEGAN’S LAW
Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public at www.meganslaw.ca.gov and is maintained by the Department of Justice. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.
W. PRIVACY RIGHTS
In accordance with the Federal Family Education Rights and Privacy Act of 1974 (20 U.S.C. § 1232g), regulations adopted hereunder (34 C.F.R. 99) and California Education Code Section 67100 et seq., University policy allows the release of personally identifiable information to others (except to verify student status) only with the student’s prior consent or in the case of an extreme emergency or where there is clear imminent danger to the student and/or to others.
In cases of emergency, where the University determines that there exists a clear and imminent threat to the well‐being of the occupants of the Premises, the Building, University personnel, or any other persons in or about the Building, Residential Education and Campus Housing (REACH) reserves the right to share information with other University personnel including, but not limited to, Counseling and Psychological Services (CAPS) and the Sonoma State University Police.
X. CAMPUS SAFETY ACT
Sonoma State University complies with the Campus Safety Act, also known as the Jeanne Clery Act. The Safety and Security Reports are available to the entire campus community. For more on the Campus Safety Act, see the Jean Clery Campus Security Act
Y. ANNUAL FIRE SAFETY REPORT
REACH publishes the annual Fire Safety Report for the University's residential community. The report includes: A description of each on-campus student housing facility; The number of fire drills conducted during the reporting year; Campus policies or rules on portable electronic appliances, smoking, and open flames in a student housing facility; Campus procedures for evacuating student housing in the event of a fire; The policies regarding fire safety education and training programs provided to the students and employees (including the procedures that students and employees should follow in the case of a fire; The titles of each person or organization to which students and employees should report that a fire occurred; and plans for future improvements in fire safety, if any. For more information on the Annual Fire Safety report see the REACH website at https://housing.sonoma.edu/information/emergency/fire-safety
Z. EMERGENCY PREPAREDNESS
All Licensees are advised to have an emergency plan. The University does not maintain supply kits and as such, each Licensee should maintain an emergency supply kit consisting of a first aid kit, a three-day supply of water, non-perishable food, battery-operated radio and flashlight, extra batteries, gloves, and medications. Recommendations can be found here:
A. PAYMENT INFORMATION
In consideration for the right to occupy an Assigned Space, within the housing facility at the University, the Assigned Space, Licensee hereby agrees to make payments to the University in accordance with the Rate and Fee Schedule noted above. Rates and Fees are set and published annually on the REACH website. University reserves the right to change rates for the Assigned Space following not less than sixty (60) days prior notice to Licensee.
Licensee’s account at the University will be charged for all costs, charges and fees incurred by Licensee or by University on behalf of, or because of, Licensee through the effective date of termination for any termination in accordance with Section 9. In addition, Licensee’s account will be charged a contract cancellation fee in accordance with the License Agreement, Section 8.
AB. ASBESTOS DISCLOSURE
Prior to the 1980’s, asbestos was a common component of materials used in the construction of hospitals, schools, offices, industrial construction and residential buildings. Under certain circumstances, the presence of asbestos in buildings may pose a health risk to the occupants. In order to ensure that the public is informed of these risks, the California legislature adopted Assembly Bill 3713, which requires, among other things, that the owner of a building constructed before 1979 inform tenants of the presence of Asbestos Containing Materials (ACM) in the building. The current definition in the statute is that ACM comprises construction materials containing “More than one-tenth of one percent asbestos by weight”. We believe that ACM may exist in the community.
The mere presence of undisturbed and non-friable ACM in a building does not present a health hazard. Exposure to airborne asbestos fibers can cause asbestos-related diseases. Asbestos is listed under Proposition 65 as a chemical known to the State of California to cause cancer. To comply with Proposition 65, the University has posted notices in the building. There are uncertainties about the level of exposure, which can cause disease. If you wish to obtain further information regarding potential health risks or impacts of asbestos, please contact your local or state public health agencies.
Asbestos can release fibers if disturbed. Certain general procedures and handling restrictions are necessary when dealing with ACM. It is important that the materials not be moved, drilled, bored, sanded, cored, broken or otherwise disturbed in order to prevent and minimize potential release of asbestos fibers. Such activities may present a health risk and should not be attempted by any person who is not trained in the handling and disposal of ACM.
AC. MOISTURE, MOLD AND MILDEW
Due to coastal and other conditions, Licensee hereby acknowledges that there is a likelihood of developing moisture, mold or mildew at the premises. Licensee further acknowledges that his/her maintenance practices may create or increase the level of moisture, mold and mildew at the premises.
Licensee agrees to examine, clean and maintain the premises regularly in order to keep it free of any moisture, mold or mildew. Licensee further agrees to immediately notify the University in writing in the event Licensee notices the development of moisture, mold and mildew at or about the premises.
Furthermore, Licensee agrees to defend, hold harmless and indemnify the University from any claim, cause of action or complaint by a third party (i.e. a person who is not a party to this License Agreement) relating to any personal injury, property damage, or other damage alleged to have been caused, entirely or in part, by exposure to moisture, mold and/or mildew due to any negligent act or omission on the part of the Licensee.
Licensee acknowledges that they are satisfied that the premises are safe and free from moisture, mold and/or mildew at the time Licensee takes occupancy in the bed space. Licensee further agrees that it is the sole responsibility of Licensee to take reasonable measures to ensure that the demised premises remains free of moisture, mold and mildew at all times.
Licensee acknowledges that it is necessary for Licensee to provide appropriate climate control, keep the Unit clean, and take other measures to retard and prevent mold and mildew from accumulating in the Unit. Licensee agrees to clean and dust the Unit on a regular basis and to remove visible moisture accumulation on windows, walls and other surfaces as soon as reasonably possible. Licensee agrees not to block or cover any of the heating and ventilation ducts in the Unit. Licensee also agrees to immediately report to the University: (i) any evidence of a water leak or excessive moisture in the Unit, as well as any storage room, garage or other common area; (ii) any evidence of mold, or mildew-like growth that cannot be removed by simply applying a common household cleaner and wiping the area, or that returns after cleaning the area; (iii) any failure or malfunction in the heating or ventilation system in the Unit; and (iv) any inoperable doors or windows. Licensee further agrees that Licensee shall be responsible for damage to the Unit and Licensee’s property as well as personal injury to Licensee and Occupants resulting from Licensee’s failure to comply with the terms herein.
AD. EXCEPTIONS TO CONTRACT TERMS AND CONDITIONS
Only the Director of REACH or their designee can make exceptions to the License Agreement. Resident Advisors (RAs), Area Coordinators (ACs), and Office Staff are not authorized to modify.
AE. EFFECT OF SIGNATURE
By signing this Agreement, manually or electronically, Licensee (and parent/guardian, if applicable) acknowledges that Licensee is subject to this Sonoma State University Student Housing License Agreement including all of its terms & conditions and attachments, has read and agrees to be bound by such documents, and agrees and covenants that Student will abide by them.
For electronic signatures, Licensee further agrees that by indicating their acceptance electronically, they represent and agree that they are the individual named and that their electronic signature constitutes their signature on the document referenced herein as if actually signed by them manually.
ADDENDUM TO THE STUDENT HOUSING LICENSE AGREEMENT
COVID AND PUBLIC HEALTH-INFORMED POLICIES
This Addendum (“Addendum”) to the Student Housing License Agreement for Academic Year
2022-2023 (License Agreement) is effective the sooner of (i) when signed by the residential student (Licensee) (ii) upon acceptance by Licensee of an assignment to reside within the residential community at Sonoma State University, or (iii) when Licensee commences occupying an assigned space(“Addendum Effective Date”). This Addendum contains additional terms applicable to you as the licensee within the residential community and is fully incorporated into License Agreement as if fully set forth therein. By signing this Addendum, accepting your housing assignment or commencing to occupy a Unit, you acknowledge you have read and are bound by the Addendum and 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 as it
contains important policies and requirements to reside within the residential community for the 2022-2023 academic year. In the event of a conflict between this Addendum and the remaining sections of the License Agreement, this Addendum will apply.
A. HEALTH AND SAFETY
All Licensees 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 Licensees relating to Illness are continuously updated and will be published on the University COVID website; these requirements 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 Licensee as both a Licensee and a student and comprise a material part of the License Agreement. Licensee agrees to stay informed of all current terms, rules, policies and guidance as they are updated and to follow the same as provided by the University relating to Illness.
2. Compliance with Health and Safety Guidelines
Licensee shall 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 they relate to public health crises, including COVID (collectively herein the “Health and Safety Guidelines”). These Health and Safety Guidelines may evolve as the public health crisis evolves and may include, but are 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 daily wellness screening), cooperation with contact tracing, disinfection protocols, and quarantine/isolation/sequestering requirements (including before or upon arrival to campus or at any time during the duration of the License Agreement as directed by Public
Health Orders or directives), or quarantine requirements imposed following travel. Adherence to the Health and Safety Guidelines applies to all Licensees and campus visitors and extends to all aspects of residential life, including bedrooms, bathrooms, community kitchens, courtyards and other common spaces.
3. Removal from On-Campus Housing
If the University determines, in its sole discretion, that Licensee 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 Licensee’s License Agreement and require Licensee’s immediate removal from the residential community. No termination of the Licensee’s License Agreement in accordance with this section shall relieve the Licensee of Licensee’s obligations and liability under the License Agreement and such liabilities and obligations shall survive any termination of the License Agreement.
B. SEPERATION; REPORTING; SCREENING
1. Reporting and Monitoring
Licensee acknowledges, agrees, and consents to 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 to do so by University.
Further, Licensee agrees to self-report to University via the daily Wellness Screening if Licensee is experiencing symptoms of Illness or receives a diagnosis of Illness or has 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, Licensee shall cooperate fully with any contact tracing or other similar efforts that may be required by the circumstances.
2. Isolation and Quarantine
Licensee agrees that if Licensee or a suitemate/apartment-mate or other individual Licensee has come into contact with is diagnosed with or displays symptoms associated with Illness, Licensee will follow guidance provided by the University and/or relevant 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. Licensees 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. If Licensee is required or recommended to self-quarantine or self-isolate, Licensee 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 the License Agreement.
All Licensees will be required to complete screening on a daily basis for COVID-19 symptoms, in accordance with University Health Guidance. Licensee shall consent to any screening required by the University prior to Move-In Day or anytime thereafter. Screening requirements will be communicated to Licensees by the University prior to Move-In Day. Licensee further agrees to provide screening results to the University upon request.
4. Culinary Services
Culinary service, including if, where, and how it will be offered to Licensee, 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. The University may limit dining to primarily carry-out, may limit the occupancy of the dining halls, limit the amount of time Licensees may reside within dining halls, or make other operational adjustments needed to address health and safety concerns.
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 Licensee 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. Licensee must comply with enhanced cleaning and hygiene measures.
6. De-Densifying Efforts
Licensees 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. Any such reassignment does not constitute a termination of Licensee’s License Agreement.
The University may be required to terminate the License Agreement due to public health emergency needs, including COVID or other Illness.
C. ASSUMPTION OR RISK, RELEASE AND INDEMNITY
1. Assumption of Risk
While the University remains committed to the public health and safety of its students, Licensees, and visitors, the University cannot guarantee your health and safety. It is incumbent upon each Licensee, after evaluating available information as well as Licensee’s own personal health and safety considerations, to make Licensee’s own decision whether to reside on campus. Resident Licensee acknowledges that, by residing on campus, Resident Licensee may be exposed to risks that could result in illness, including contagious virus, personal injury, or death. Resident Licensee acknowledges and understands, that by residing on campus, Licensee accepts and assumes all risks associated with communal living and in any shared living environment, those risks include exposure to contagious virus, sickness, including Illness. Licensee acknowledges, understands, and accepts that University cannot control these risks.
In consideration of University granting my request to permit me to reside in the residential community during illness or public health emergency, license hereby releases Sonoma State University, the board of trustees of the California State University, 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 licensee's personal representatives, heirs and assigns, resulting from, relating to, or arising out of potential or possible exposure to contagious viruses, sickness or illness, including injury or death, in any way connected with or caused by or sustained by licensee while residing in residential community.
3. Indemnity; Hold Harmless; and Waiver
Licensee agrees to indemnify and hold harmless, waive, and covenant not to sue University, Sonoma State University, the Board of Trustees of the California State University, the State of California, or any of each of their officers, employees, and representatives from liability for exposure to or contraction of 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 by University. It is Licensee’s express intent that this Indemnity; Hold Harmless, and Waiver provision 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.
4. Force Majeure
University shall not be liable for any delay or failure to perform its obligations hereunder if such delay or failure to perform is caused by circumstances beyond University control, including, but not limited to, acts of God, government restrictions or orders, wars, riots, insurrections, disaster, acts of terrorism, communicable disease outbreak, epidemic, pandemic, or any other comparable event or cause beyond the reasonable control of the party whose performance is affected. Licensee and University acknowledge that the full impact of COVID-19 is not currently known or reasonably foreseeable. In the event that circumstances related to COVID-19 or to any reoccurrence of the COVID-19 virus reasonably prevent or hinder University performance hereunder, University may invoke the immediately preceding Force Majeure clause of this Agreement and be excused from liability for its failure or delay in performing its obligations hereunder, even if the circumstances related to COVID-19 were foreseeable at the time of the University’s execution of this Agreement. Notwithstanding the foregoing, in no event shall Licensee be excused from paying any fees or amounts owed for the period of time during which Licensee occupied the Premises.