Grizzly Housing Contract

The following Terms and Conditions are included as a part of the Housing Contract (Contract) between Missouri State University and the residents of Missouri State University-West Plains student housing.

1. Definitions: In this Contract, the following definitions apply:
   Academic Year means the Fall and Spring academic semesters.
   Residence Hall means any of the following: Grizzly Lofts or other university assigned housing.
   University Housing means Residence Hall
   Student means the individual, admitted to Missouri State University-West Plains, who is executing this Contract. Missouri State means the Board of Governors of Missouri State University and its authorized officers and employees
2. Term: Unless terminated earlier pursuant to this Contract, this Contract is for the entire Academic Year (Fall and Spring Semesters) for University Housing (as defined herein), or the remaining portion of the Academic Year based on the date of the Student’s initial occupancy (“Contract Term”). The residence hall shall be closed during Thanksgiving, Semester, and Spring Break. Student may move into the assigned room or suite beginning the Saturday before classes begin for the fall semester, and the Saturday before classes begin for the spring semester. Student must vacate his/her room or suite either within 24 hours after his/her last examination for that semester or within 12 hours after the last final is given during that semester, whichever is earlier. An exception regarding the vacating of rooms and suites shall be in effect for graduating seniors who may remain as occupants until 8:00 a.m. of the day following commencement. For each day Student withholds possession of room or apartment after stated vacation policy has expired or termination of Contract, Student shall pay to Missouri State University-West Plains, as liquidated damages, Ten dollars ($10) per day.
3. Eligibility: Missouri State University admission and enrollment do not guarantee eligibility for on-campus housing. A student must be at least seventeen (17) years of age at the time of commencement of Residence Hall occupancy. This Contract may be terminated at any time before or during the Contract Term: i) based on Student behavior while a resident of University Housing; ii) if Student poses a safety risk to other residents; iii) if the Student has a detrimental effect on the community environment, or a prior history of detrimental effect as a University Housing resident; iv) if Student has outstanding debts to Missouri State; or v) if the Student is not enrolled in at least six (6) credit hours at any time during the Contract Term (see University Housing for more information).
4. Deposit: A security deposit of one hundred dollars ($100.00) is required upon execution of this Contract. The security deposit of returning Missouri State University-West Plains student housing residents will transfer to this Contract if already received. The deposit will be returned upon completion of this Contract, if all outstanding obligations owed Missouri State University-West Plains are paid, there are no damages to the premises or furnishings provided to Student, and the proper check-out procedures are followed. Student agrees that the deposit is not a trust fund and may be commingled with Missouri State University-West Plains’ funds, and that Missouri State University- West Plains is not required to pay interest thereon. Student agrees to arrange with a representative of Missouri State University-West Plains for a reasonable time for inspection of the premises at or near termination of the Contract, to determine the amount of security deposit to be withheld, if any, because of damage to the premises and furnishings. Student understands and agrees that “damage” includes missing furnishings and any unusual or abnormal wear and tear, including uncleanliness, and that Missouri State University-West Plains may charge cleaning fees, if necessary, as a part of damages. Student agrees that the deposit may be applied toward any default in payment of amounts required by this Contract or breach of this Contract (see section 11) by Student, and Student will additionally remain responsible for payment of all damage to premises and furnishings.
5. Payments: Amounts required by this Contract will be reflected on Student’s account with Missouri State University-West Plains. Payments are to be sent to the Business Office and are due no later than the 15th of the month in which they are due or a finance charge will be assessed by applying a monthly periodic rate of 1% (annual percentage rate of 12.68%) to the remaining balance. If the amounts required by this Contract are not paid in full by the due date, the remaining balance is due on the 15th day of the following month with the option of paying a minimum payment.
   If Student shall fail to make payment according to the schedule set forth herein, Missouri State University-West Plains may withhold grade reports and all other records or information requested by Student or third parties, as well as prevent Student from registering for future semesters. If Student has already registered for the subsequent semester, his/her registration may be canceled. Failure to pay may result in Student being reported to a credit service. Student must pay the balance of the account in full upon request if the monthly payments become past due. Student agrees to pay costs of collecting the account including reasonable attorney’s fees and court costs.
6. Student Billing Rights: Student should keep this notice for future use. If Student believes there is an error in his/her billing, or if Student needs more information regarding a transaction on his/her bill, write Missouri State University-West Plains at the address listed on the bill as soon as possible.
   Missouri State University-West Plains must hear from Student no later than 60 days after receiving the first bill on which the error or problem appeared. Student can telephone Missouri State University- West Plains, but doing so will not preserve Student’s rights. In the letter, Student should provide the following information: Student name and account number; the dollar amount of the expected error; description of the error and explain, if possible, how this error occurred. If Student needs more information, he/she should describe the item he/she is not sure about. Student does not have to pay any questioned amount while Missouri State University-West Plains investigates, but Student is still obligated to pay the parts of his/her bill that are not in question. While Missouri State University-West Plains investigates the question, Student cannot be reported as delinquent and no action will be taken to collect the amount in question.
7. Board: Grizzly Lofts meal plans begin with breakfast on the first day of classes for the fall semester, and on first day of spring semester. Food service is closed Thanksgiving, spring break, four-day vacations and between semesters.
8. Assignments: Student understands this agreement is for any Missouri State University-West Plains student housing accommodations and not a specific residence hall, room or suite. In case of a vacancy to Student’s assigned room or suite, Student understands that he/she may be required to move to another room or suite, or a new roommate may be assigned to the vacancy in the room or suite. Student agrees to accept any and all roommates assigned to his/her room or apartment.
9. Student Conduct: Student agrees to abide by the laws of the State of Missouri; the ordinances of the City of West Plains; the Rules, Policies and the Disciplinary Code of Missouri State University. Student is responsible for the policies and procedures as set forth in the Guide to University Living, including Missouri State University-West Plains’ check-in and check-out procedures and policies. Missouri State University-West Plains shall have the right from time to time to change and to establish such additional rules, regulations, policies, codes, or procedures as may be required in the discretion of Missouri State University-West Plains for proper and orderly care, operation and maintenance of the premises. Failure of Student, or his agents, to comply with and observe any such rules, regulations, policies, codes, or procedures shall constitute a breach of this Contract. For the health and safety of all students, laws and rules prohibit the possession or use of alcoholic beverages, drugs, and any item that may be construed as a weapon in Missouri State University-West Plains student housing.
10. Maintenance: Student agrees that he/she is liable for full payment for any loss or damage to the room or apartment, furnishings, or public use areas provided him/her by Missouri State University- West Plains. Student also may be charged on a prorated basis for public area damages where responsible parties cannot be identified. Student may not remove housing property from rooms or suites, lounges, hallways, etc. Student agrees to assume and bear the risk of loss with regard to all personal property kept or maintained in the residence hall. Missouri State University- West Plains does not carry property insurance covering any such loss and assumes no responsibility for the payment of any such loss. All students are encouraged to keep their rooms and/or suites locked and their valuables secured at all times. Student is responsible for all his/her activities and his/ her visitors’ activities taking place on the premises. Student shall take good care of the premises and the appurtenances, equipment and fixtures therein, and shall keep them in good order and sanitary condition, and shall return the same at the end or other termination of this Contract in as good of condition as when received, ordinary wear and damage or destruction not caused by negligent or willful acts or omissions of Student excepted. Student shall use, operate and maintain the equipment furnished by Missouri State University-West Plains in accordance with the directions of the manufacturer and such additional instructions as Missouri State University-West Plains may give. Missouri State University-West Plains shall maintain and keep in good condition the roof, walls, structural parts, main hallways, elevators and all other commonly used parts and portions of the building, but Missouri State University-West Plains shall not be liable for failure to make any such repairs, including computers and other similar technology.
11. Right to Enter, Inspect and Repair: Missouri State University-West Plains employees shall have the right to enter and inspect the premises during reasonable hours, and upon reasonable notice to make such repairs, alterations and improvements to the premises and building as Missouri State University may deem necessary. Any repairs, alterations and improvements undertaken by Missouri State University- West Plains shall be executed with reasonable diligence and all portions of the premises and building affected thereby shall be restored to as good of condition as before the work. Missouri State University- West Plains shall not be liable for inconvenience caused to Student by any such work, nor shall any entry or activity incident thereto have any effect upon this Contract or up the obligations of Student thereunder. If entry to the premises shall be necessary on account of any emergency permissible under the terms of this Contract and Student shall not be present to open the premises, Missouri State University-West Plains employees may enter by use of a master key or may forcibly enter, and Missouri State University-West Plains shall incur no liability therefore provided reasonable care is given to Student’s property, and such entry shall have no effect on this Contract. Missouri State University-West Plains officials may enter a room or apartment to investigate a potential violation of Missouri State University-West Plains rules or regulations, when reasonably necessary in accordance with Missouri State University-West Plains policies.
12. Limitation of Liability: Consideration being provided in permitting Student to enter into this Housing Contract, Student hereby agrees to hold harmless and release, waive, discharge, and covenant not to sue Missouri State University-West Plains for any and all claims for liability on account of death or injury to person or property of Student of any kind or nature whatsoever arising out of or in any way connected with Student’s use, occupation, or other activity resulting from Student entering into this Contract, even though the claim or liability may arise out of the negligence or carelessness on the part of Missouri State University-West Plains, or any third person, whether foreseen or unforeseen, known or unknown. This waiver includes any claim for injury or damage caused by weather, accumulation of snow or ice, breakage, stoppage, releases of utilities, fixtures or equipment. Missouri State University-West Plains shall not be responsible for any failure to provide housing or food service in the event conditions exist not entirely within its control (i.e., as a result of Force Majeure, fire, strikes, lock-outs, and riots), and in such event Missouri State University-West Plains shall not be obligated to refund any amount already paid pursuant to this Contract.
13. Destruction of Premises: If the assigned room or apartment is destroyed by casualty so that it may not be repaired within thirty (30) days, Missouri State University-West Plains reserves the right to cancel this Contract by notice to Student. In the event a room or suite becomes uninhabitable for periods of less than thirty (30) days, Missouri State University-West Plains may either cancel this Contract by providing notice, or at its option, may elect to provide prorated credit to Student for charges incurred by Student pursuant to this agreement. In no event will Missouri State University- West Plains’ liability for inhabitability or destruction of premises exceed the amount set forth in this paragraph. If Missouri State University-West Plains cancels this Contract pursuant to this paragraph, Student will receive a prorated refund on amounts prepaid by Student.
14. Default: Student agrees that living in university housing is a privilege, not a right, and Missouri State University-West Plains reserves the right to revoke the privilege for Student’s failure to comply with the terms of this Contract, or to remain a student in good standing. If Student shall vacate or abandon the premises, or if proceedings under any bankruptcy act shall be instituted by or against Student, or if default be made in the payments, or for any breach of any covenant or agreement herein contained, Missouri State University-West Plains shall have the right to enter and take possession of the premises, and Student agrees to deliver same without process of law; and this Contract at the option of Missouri State University-West Plains shall terminate, but the obligation of Student to pay amounts required by this Contract shall remain in full force and effect and Student shall be liable for any loss or damage to Missouri State University-West Plains by reason of Student’s failure to comply with the terms hereof. Student agrees as part of this Contract to be responsible for all costs and expenses incurred by Missouri State University-West Plains in enforcing this agreement, including a reasonable attorney’s fee. This agreement and all rights of the parties thereunder shall be governed by the laws of the State of Missouri. All amounts due under this Contract, including any damages for its breach, shall be paid in Howell County, Missouri. Any action to enforce the obligations contained within this agreement may be brought in Howell County, Missouri Circuit Court. Except, where Student shall vacate or abandon the premises or lose possession as a result of breach of any covenant or agreement herein contained, Missouri State University-West Plains may or may not, in its sole discretion, elect to accept as liquidated damages, the parties agreeing that in some circumstances actual damages are difficult, if not impossible, to ascertain, the following amounts:
    • July 15th/Dec 15th – Deposit refunded & 100% of housing fees
    • Fifth day of semester – 100% of housing fees
    • Day 6 - 10 – 75% of housing fees
    • Days 11 - 20 – 50% of housing fees
    • Days 21 - 40 – 25% of housing fees
    • Days 40 to end of semester – 0% of housing fees
    All contracts approved for breakage after a semester has begun will result in an automatic housing deposit forfeiture.
    The parties acknowledge and agree that the above stated liquidated damage amounts may be in addition to any application of security deposit as authorized by this Contract and by law, plus attorney’s fees, expenses, and costs. If Student has reserved space in a residence hall and fails to move in or give written notice of cancellation by the day before Missouri State University-West Plains student housing opens in either semester the same options will be available to Missouri State University-West Plains, in its sole discretion, to accept or not accept liquidated damages in the amounts stated above.
15. Other Terms and Requirements:
    1. Student shall not assign this Contract or any interest there under, or allow anyone to come in through, with or under Student, without advance written consent of Missouri State University- West Plains in each and every such instance.
    2. For violation of Missouri State University-West Plains student housing policies and regulations, Student understands that the authorities of Missouri State University-West Plains may terminate Student’s residence in Missouri State University-West Plains student housing and, if appropriate, bring charges against Student which, if proved, may result in sanctions as provided for in the Code of Student Rights and Responsibilities of Missouri State University-West Plains.
    3. Missouri State University-West Plains may increase the fee for room and board, by formal action of the Board of Governors.
    4. The term “Missouri State University-West Plains” as utilized in this agreement shall be understood to refer to the Board of Governors of Missouri State University, and its authorized officers and employees.
    5. Missouri State University-West Plains will not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity/expression, national origin, ancestry, age, disability or veteran status in the implementation of this Contract.
16. Meningitis Requirement: In accordance with Missouri Law (RSMo 174.335), every public institution of higher education in Missouri must require all students who reside in on-campus housing to have received the CDC Advisory Committee’s recommended meningococcal vaccine within five (5) years of enrollment unless a signed statement of medical or religious exemption is on file with the institution’s administration. Before a student will be issued an assignment to University Housing the Student must satisfy this requirement or present an approved exemption.
17. Missouri State University Non-Discrimination Policy Statement:
    Missouri State University-West Plains is a community of people with respect for diversity. The University emphasizes the dignity and equality common to all persons and adheres to a strict non-discrimination policy regarding the treatment of individual faculty, staff, and students. In accord with federal law and applicable Missouri statutes, the University does not discriminate on the basis of race, color, national origin (including ancestry, or any other subcategory of national origin recognized by applicable law), religion, sex (including marital status, family status, pregnancy, sexual orientation, gender identity, gender expression, or any other subcategory of sex recognized by applicable law), age, disability, veteran status, genetic information, or any other basis protected by applicable law in employment or in any program or activity offered or sponsored by the University. Sex discrimination encompasses sexual harassment, which includes sexual violence, and is strictly prohibited by Title IX of the Education Amendments of 1972. This policy shall not be interpreted in a manner as to violate the legal rights of religious organizations or of military organizations associated with the Armed Forces of the United States of America. The University maintains a grievance procedure incorporating due process available to any person who believes he or she has been discriminated against. Missouri State University is an Equal Opportunity/Affirmative Action/Minority/Female/Veterans/Disability/Sexual Orientation/Gender Identity employer. Inquiries concerning the complaint/grievance procedure related to sex discrimination, including sexual harassment and sexual assault, should be addressed to the Title IX Coordinator, Carrington Hall 205, 901 S. National Ave., Springfield, Missouri 65897, TitleIX@missouristate.edu, 417-836-4252, or to the Office for Civil Rights. All other inquiries concerning the grievance procedure, Affirmative Action Plan, or compliance with federal and state laws and guidelines should be addressed to the Equal Opportunity Officer, Office for Institutional Equity and Compliance, Carrington Hall 205, Springfield, Missouri 65897, equity@missouristate.edu, 417-836-4252, or to the Office for Civil Rights. (Res. Board Policies No. 70-11; Bd. Min. 10-28-11.)
18. Distribution of Student Contact Information: By submitting this Contract, Student hereby consents that Missouri State University-West Plains is authorized to reasonably disclose the Student’s permanent address and phone number (Student Contact Information) to all assigned roommates and suitemates according to the Student Housing Application.