This is an Agreement (hereafter known as this “Agreement”) between the Student and, if the Student is a minor, their parent or guardian who executes this Agreement, and Art Academy Housing, Inc. (hereafter known as “AAH”). This Agreement pertains to the 2019-2020 academic year at the Art Academy of Cincinnati (hereinafter known as the "AAC"), and entitles the Student to the use of assigned housing (hereinafter known as "AAC Housing") only in such manner as set forth herein and in accordance with and subject to the terms and conditions of this Agreement. This Agreement does not constitute a commitment of admission to or continuance at the AAC. This Agreement does not constitute a lease and no estate, tenancy or any other interest in property is conveyed to the Student hereby, nor is any usufruct granted to the Student hereunder. Rather, the rights granted to the Student under this Agreement constitute only a temporary revocable license by Art Academy Housing to the Student in accordance with the express terms and conditions of this Agreement. In the event the Student violates any of the terms or conditions of this Agreement, or if the Student engages in conduct that the AAC, in its sole discretion, determines is significantly disruptive or poses a threat to the health, safety or general well being of themself or others and/or to property, then AAH may immediately cancel and revoke this Agreement and remove the Student and their property from the AAC Housing, as well as make any other appropriate referrals for disciplinary action by the AAC and/or take any other appropriate legal action. The Student may terminate this Agreement only under the conditions specified herein under Section 3 of this Agreement. With the signing of this Agreement by the Student or the Student's parent or guardian, the Student is committed to the Terms and Conditions as stated below for the duration of the 2019-2020 academic year at the AAC. Therefore, the Student and parents or guardians are urged to read carefully such Terms and Conditions prior to signing this Agreement.
TERMS AND CONDITIONS:
1. AGREEMENT PERIOD
The Agreement period shall commence on Saturday, August 17th 2019, (hereinafter known as the “Commencement Date”) and end on Sunday, May 10th, 2019 (hereinafter known as the “Termination Date”) (collectively, hereinafter known as the "Term"). The Student shall be permitted access to their assigned AAC Suite (hereinafter known as the “Suite") for the Term, except the Student is not permitted to occupy the Suite during the Semester Break from 5:00 P.M. Friday, December 13th, 2019 to 9:00 A.M. Monday, January 6th, 2020. The Student’s personal property may remain in the Suite during the Semester Break. Failure to occupy the Suite does not excuse the Student from compliance with this Agreement.
SUITE ASSIGNMENTS AND CHANGES
A. Space is limited in AAC Housing. Priority will be given first to traditional first-time freshmen students at the AAC and then to all other students at the AAC, in each case in the order in which the Deposits are received. Suite assignments are made without regard to race, age, color, religion, disability, sexual orientation, veteran status, or national origin. An attempt will be made to honor mutual roommate requests but they are not guaranteed.
B. The Director of Student Services reserves the right to assign applicants and students to available space in the AAC Housing and in their sole discretion may change such assignments at any time before and throughout the Term. Students may submit requests for room changes directly to the Director of Student Services. Students who move out of or into the AAC Housing without proper authorization from the Director of Student Services are subject to disciplinary action, a $50.00 charge, and possible termination of this Agreement under Section 3D of this Agreement.
C. If a vacancy occurs in the Suite, the Student and the other remaining students assigned to the Suite, if any, will accept an assigned roommate or move to another Suite within the AAC Housing promptly upon notification by AAH. When there is a vacancy in the Suite, the Suite must be maintained in a manner that will allow another student to move in immediately.
MEDICALLY RELATED NEEDS AND DISABILITIES
If the Student has medical needs or a disability that may affect their AAC Housing Suite assignment, the Student must notify the Director of Student Services of such needs or disability. Accommodations for such medical needs or disability will be approved based on receipt of appropriate documentation and the reasonable capability of AAH to provide or meet such accommodations.
PROHIBITION OF ASSIGNMENT
This Agreement may not be transferred or assigned to another person. The Suite may not be sublet. Any transfer, assignment or sublease in violation of this prohibition shall be automatically null and void.
RESPONSIBILITY FOR PERSONAL PROPERTY
Art Academy Housing and the AAC do not assume responsibility for and, the Student and, if applicable, their parent or guardian shall hold AAH and the AAC harmless from any loss or damage to articles of personal property that occurs in or about the AAC Housing, no matter how caused. The Student or, if applicable, their parent or guardian are encouraged to carry appropriate renter’s insurance to cover such losses.
The Student is responsible for cleaning the Suite during the entire Term such that the Suite and its contents are maintained at all times in a safe, clean and sanitary condition. The Suite is subject to periodic health and safety inspections by authorized personnel of AAH and its agents, employees and licensees. If the Suite is found to have health or safety problems, you will be notified of the conditions and given the opportunity to correct such. Another inspection will be scheduled. If the problems are still found to exist during the follow-up inspection, AAH will hire personnel to correct remaining problems. The expenses involved in hiring personnel to correct problems will be charged against the Damage Deposit.
At the end of the Term or earlier cancellation or termination of this Agreement, the student shall vacate the Suite in the same condition as received on the Commencement Date. The Student shall not and shall not permit the physical condition, character or structure of the Suite to be altered, including, but not limited to, painting any surface, hanging or building shelves, attaching decorations (including, without limitation, wall hangings with nails, screws, tacks or other fastening devices), modifications to any ceiling, wall or flooring materials or furnishings, altering electrical, cable or phone wires, installing additional locks to any door, removing or installing fixtures in the Suite or making any permanent structural changes such as walls or dividers. The Student will be financially responsible for any damage to the Suite. The costs for damages and repairs will be charged equally to all students assigned to the Suite, unless a specific student takes full responsibility for the costs. After all students vacate the Suite, it will be inspected by an AAH staff member who will assess the Suite's condition. Damage charges will be charged against the Damage Deposit of the Student and any additional expenses will be charged to the Student, which the Student shall pay to the AAC within thirty (30) days of receiving an invoice.
RESPONSIBILITY FOR COMMON AREAS
Common areas shall include, but not be limited to, hallways, stairwells, lobby, grounds and building exteriors of the AAC Housing. No items are to be placed in or attached to any common area without the express written consent of the Director of Student Services, including but not limited to any type of antenna or satellite dish. No common area furnishings or equipment shall be removed from their proper location. Each student is responsible for all damage and loss caused by the student to fixtures and furnishings in the common areas, as well as the common areas themselves. Such damage or loss caused by the Student, including repair, replacement or cleaning, will be charged against the Damage Deposit and any additional expenses will be charged to the Student which the Student shall pay to the AAC within thirty (30) days of receiving an invoice for such expenses.
AAH, its agents, employees and licensees, shall have the right to enter the Suite during reasonable hours to make repairs and conduct health and safety inspections to determine compliance with all provisions of applicable laws, rules and regulations and this Agreement. The Suite may be entered at any time in an emergency situation or if there is an indication of danger to life, health or property.
A. False tripping of alarm systems and tampering with the fire extinguishers or fire sprinklers is prohibited. These violations are misdemeanor offenses under the Ohio Revised Code Section 2917.31 and 2917.32. If a person is injured due to these offenses, these violations are considered felony offenses under the Ohio Revised Code Section 2917.31.
B. Emergency exits and the fire escapes are to be used only in an emergency.
C. The Student and their guests in the Suite are responsible for leaving the entry door to the AAC Housing in a locked position. Tampering with locks, alarm systems and cameras is prohibited.
D. Access cards and keys are issued for the exclusive use of the Student to whom they are issued and are non-transferable and should not be loaned or duplicated. The Student is required to carry their AAC ID Card at all times and to present it to AAH officials on request.
E. The Student is urged to lock Suite windows and doors.
F. Art Academy Housing and the Art Academy of Cincinnati do not assume responsibility for and the Student and, if applicable, their parent or guardian, shall hold AAH and the AAC harmless from any loss of, or damage to, personal items or for personal injury, no matter how caused. The Student should arrange for his/ her own insurance coverage, including renter’s insurance.
The Student and all other students occupying the AAC Housing are required to maintain a reasonable sound level in their respective Suite at all times. The Student must comply with the directives or instructions of AAH staff members, including the Resident Advisor, regarding elimination of excessive noise. In the event of a noise disturbance as outlined under the Cincinnati Municipal Code, Section 910-7, 910-9 and 910-11, the complaint must be dealt with by the following entities in the following order: Resident Advisor, On-Call Property Management and then Cincinnati Police Department. All disturbances and complaints deemed to be serious by the Resident Advisor or On-Call Property Management will result in notification to the Director of Student Services within seventy-two (72) hours either via phone, fax or email. Disturbances and complaints that involve the Cincinnati Police will additionally require a written report to the same parties, detailing the facts, conclusions and any follow-up necessary.
GUESTS AND VISITORS
All guests and visitors to the Suite are required to sign-in at the security desk in the main Jackson Street AAC building and receive a guest badge to be displayed while visiting the Suite. Visitors to the Suite are asked to leave before 12 midnight each evening. If you wish to have an overnight guest, their visit must be registered and approved by the Resident Advisor, who maintains the records of overnight guests. Overnight stays will be approved for Friday and Saturday nights only. The Student is limited to six (6) overnight visits each semester. The Student must escort their guest at all times while within the AAC Housing. The Student is responsible to advise the guest of all of the Terms and Conditions of this Agreement regarding conduct within and use of the Suite and the AAC Housing, as well as applicable policies of the AAC, including those contained within the Student Handbook, and is responsible for the conduct of that guest. The Student is responsible for all damage and loss caused by their visitor to either the Suite or the common areas of the AAC Housing. Such damage or loss, including repair, replacement or cleaning, will be charged against the Student’s Damage Deposit and any additional expenses will be charged to the Student which the Student shall pay to the AAC within thirty (30) days of receiving an invoice for such expenses.
FIREARMS, DRUGS AND ALCOHOL
Firearms, ammunition, weapons of any type and explosives are strictly prohibited on the AAC campus and in or about the AAC Housing. The use, possession, or distribution of narcotics or illegal drugs is strictly prohibited on the AAC campus or in or about the AAC Housing. The illegal use, possession, or sale of drugs sometimes prescribed for medical purposes is also strictly prohibited. AAH and the AAC abide by all applicable governmental laws, rules and regulations concerning the sale, possession and use of alcohol.
SMOKING AND OPEN FLAMES
Smoking is not allowed within the Suite or anywhere within the AAC Housing building. Designated areas for smoking are limited to areas located outside the AAC Housing building. All cigarettes must be properly extinguished and disposed in receptacles. Open flames including, but not limited to, candles, oil lamps, incense, etc. are strictly prohibited within the AAC Housing building. Cooking grills are not permitted inside or on the fire escapes of the AAC Housing building.
APPLIANCES PROVIDED BY ART ACADEMY HOUSING
It is the responsibility of the Student to maintain the appliances provided in the Suite in a good and clean condition. Any malfunctions of appliances should be reported to the Resident Advisor and/or Director of Student Services.
APPLIANCES PROVIDED BY THE STUDENT
For everyone’s safety, no more than two (2) appliances may be plugged into a double electrical outlet at any time. Air conditioners and space heaters are not permitted. No more than three (3) extension cords, not exceeding six (6) feet in length each, may be used in an AAC Suite. All items must be Underwriter’s Laboratory (UL) approved. Any hazardous appliance found in the Suite will be removed by the Resident Advisor and stored until the Student can remove it from the AAC Housing.
Pets are not allowed in the AAC Housing. This applies to pets of any kind, and there are zero exceptions.
KEYS AND ACCESS CARDS
Keys and access cards are the property of AAH and must be surrendered on the earlier of the Termination Date or the cancellation or termination of this Agreement. Failure to surrender a key or a lost, stolen, or duplicated key will result in a lock change and the issuing of new keys. Auxiliary locks may not be installed nor may a Student tamper with an existing lock. A charge will be made against the Damage Deposit for removing an unauthorized lock, repairing an existing lock, changing a door lock and/or making new keys as a result of the Student's violation of this Section, and any additional expenses will be charged to the Student which the Student shall pay to the AAC within thirty (30) days of receiving an invoice for such expenses.
WASTES AND GARBAGE
Waste of any type must be disposed in the garbage containers provided. Garbage containers are not to be removed from their designated location. Waste of any type is not permitted in the hallways, stairwells, common areas or public right-of-ways. No furnishing or personal property may be placed in the hallways, stairwells, common areas or public right-of-ways.
BIKES, SCOOTERS AND CARS
With the exception of the bike rack in the 12th & Vine lobby, bikes and scooters are not permitted in hallways, stairwells, under stairwells, common areas or public right-of-ways. Bikes and scooters must be stored in the Student’s Suite or locked on a bike rack located outside the Housing building. A car parked illegally or without authorization will be towed at the car owner’s expense. AAH and the AAC do not assume responsibility for and the Student and, if applicable, their parent or guardian shall hold AAH and the AAC harmless from damage or loss of vehicles. The Student or, if applicable, their parent or guardian is encouraged to carry appropriate insurance to cover such damage or loss.
FAILURE TO PAY
In the event of any failure by the Student to timely pay any fees, rent or other charges due from the Student under this Agreement, the AAC shall have the right to withhold from the Student their student records until such fees, rent or other charges have been fully paid by the Student.
CONDUCT AND POLICIES
The Student is required to comply with requirements of applicable governmental laws, rules and regulations, the Terms and Conditions of this Agreement and the AAC’s policies, as they may be modified from time to time, including but not limited to those found in the AAC Student Handbook.
In the event of any violations of this Agreement by the Student or by the Student's guests, sanctions may be imposed against the Student by AAH pursuant to this Agreement.
The range of sanctions that may be imposed for violation of this Agreement may include any individual or combination of the following actions:
a) Issuance of a formal warning;
b) Imposition of a fine;
c) Termination of this Agreement as provided in Section 3D;
d) Referral of matter to applicable law enforcement agencies, if applicable
It is the intention of the foregoing sanctioning guidelines that the nature and severity of the sanction imposed shall be based upon the following criteria. It is expected that repeated violation of this Agreement (whether the same provision or a different provision) would result in continuously increasing sanctions.
Sanctions will be based upon:
i) The nature and severity of the violation;
ii) The damage incurred to person or property as a result of the violation;
iii) The past record of violations of this Agreement by the Student and/or the Student's guests, giving consideration to the number, frequency, severity and timing of historical violations;
iv) The cooperativeness and forthrightness of the Student in remedying or making restitution in regards to the violation; and/or
v) The sanctions, if any, imposed by other entities having jurisdiction in regards to the violation.