ARTICLE 1 – BINDING CONTRACT

By signing this Agreement and paying the first installment in full (as indicated in Appendix 1), you have registered for a bedroom with CSCI for accommodation at the student residence located at 186 Jarvis Street, Toronto, Ontario (the “Residence”). By completing registration you have confirmed that you agree to comply with the terms and conditions outlined in this Agreement, and understand that this is a legal and binding agreement.

ARTICLE 2 – LICENCE AND TERM

2.1 Grant of Licence

The Resident is granted a limited licence to occupy an assigned bedroom (“Bedroom”) which may be located within a larger suite (“Suite”), together with access to and shared use of common areas, appliances, and fixtures of the Suite, and the common areas and amenities of the Residence as may be made available to residents.

2.2 Term

The Resident will have access to the assigned Bedroom and Suite on the scheduled move-in date as selected during registration and as set-out in the confirmation letter provided to the Resident by CSCI titled “Residence Confirmation Letter” (the “Confirmation Letter”) until the move-out date indicated in the Confirmation Letter (the “Term”) subject to the terms hereof, unless alternate arrival or late departure is approved by CSCI in writing, at additional cost to the Resident. This Agreement does not automatically renew on its expiry and CSCI has no obligation to renew it. The Resident acknowledges that CSCI intends to grant occupancy to another post-secondary student on the expiry of the Term.

2.3 Conditions to Obligations of CSCI

The duties and obligations of CSCI pursuant to the terms of this Agreement are and shall be subject to the fulfillment, at or before the Move-In Date, of each of the following conditions:

1. The Resident delivering a signed copy of this Agreement to CSCI;
2. If required by CSCI pursuant to Section 11.13, the execution and delivery of CSCI’s standard form guarantee to CSCI by an acceptable third party guarantor; and
3. Payment of the first installment of Residence Fees required to be paid by the Resident pursuant to Section 4.1, in the full amount and by the payment date set out in the Fee Schedule (the “Appendix 1: Fee Schedule”).

If the Conditions shall not have been satisfied or waived by the Move-In Date, then CSCI may terminate this Agreement.

2.4 Eligibility

This Agreement is conditional upon the Resident being a student at the time of registration, as determined in the sole discretion of CSCI. Should the Resident’s student status change to inactive, denied, or revoked, CSCI may terminate this Agreement as set out herein.

2.5 Parking

In the event that the Resident is interested in contracting for a parking spot, if one is available, the Resident should contact CSCI. Execution of a separate parking licence agreement, together with payment of the then-current parking fees associated with the Residence, will be required.

ARTICLE 3 – BEDROOM ASSIGNMENT

3.1 Bedroom Assignment

The Resident is assigned to a Suite and a Bedroom by CSCI. The Resident acknowledges that while reasonable efforts are made to accommodate the Resident’s choice of suitemates, CSCI cannot guarantee a Resident’s preferences will be met. Failure to meet a Resident’s preferences does not absolve the Resident from any of the obligations contained herein.

3.2 Bedroom Reassignment

Residents may be reassigned to a different Bedroom, including a Bedroom in a different Suite, at any time if, in the sole opinion of CSCI, a Bedroom reassignment is advisable for any reason (including without limitation, vacancy, student conflict, required repairs), on three (3) days’ prior notice. If the reassigned Bedroom carries a lower rate, the Resident’s Residence Fees will be reduced for the balance of the Term, however the Residence Fees will not be increased to match a higher rate associated with the reassigned room. Failure by the Resident to relocate to the newly assigned Bedroom within the time provided by CSCI may result in charges applying for both Bedrooms. Residents must be prepared to welcome a new person to their Suite and to be relocated to another Bedroom. When a vacancy exists that cannot be filled, an empty Bedroom may be locked, and no access permitted.

3.3 Requested Room Changes

A Resident may apply to change Bedrooms, using change request forms obtained from CSCI, however any Bedroom changes require the prior written permission from CSCI, which CSCI may grant or deny in its sole discretion. If the reassigned Bedroom carries a lower rate, the Resident’s Residence Fees will be reduced for the balance of the Term. If the reassigned Bedroom carries a higher rate, the Resident’s Residence Fees will be increased for the balance of the Term. Any Resident who submits a request to change Bedrooms, is approved and changes to another Bedroom, is subject to a $250.00 fee in order to cover cleaning and administrative costs and may be required to pay additional Residence Fees in the event that the Resident relocates to a Bedroom with higher Residence Fees.

3.4 Assignment of Occupancy

The Resident has no right to assign this Agreement. Bedrooms may only be occupied by the assigned Resident. Unauthorized occupation or “subletting” of a Bedroom are grounds for termination of this Agreement. The Resident will not permit the Bedroom or Suite to be occupied for any duration (except as may be expressly permitted herein) by any person or persons other than the registered occupant or registered occupants with CSCI or as otherwise authorized by CSCI; nor will the Resident sublet the Bedroom or Suite or any part thereof. Advertising the Bedroom or Suite on short-stay websites (such as AirBnB), flyers, or by any other means is strictly prohibited and shall be considered a violation of this Agreement. The Resident agrees and acknowledges that, if he or she (as the case may be) is discovered to be permitting occupancy of the Bedroom or Suite in a manner that is contrary to this section 3.4, the Resident’s license to occupy the Bedroom or Suite, as applicable, may be immediately terminated.

ARTICLE 4 – RESIDENCE FEES

4.1 Residence Fees

The Resident shall pay the Residence Fees (calculated on a weekly basis) in the installment amounts and on the installment dates set out in the Appendix 1: Fee Schedule. The Resident accepts financial responsibility for the full Term of this Agreement, regardless of whether the assigned Bedroom is occupied for the full Term or at all. The Resident agrees to make full and prompt payment hereunder, addressed to CSCI according to the Fee Schedule, without demand, together with all additional charges or fees applicable under this Agreement. Payment may be made by debit or credit card at the HOEM Services Desk, on the HOEM Portal by credit card, by registering for Pre-Authorized Debits (PAD), or by bank transfer. Any payments made by credit card will incur a 2.4% surcharge to be added to the student account after the payment.

4.2 Utility Charges

The Costs associated with hydro, heating, cooling and hot and cold water (collectively, “Utilities”) are included in the Residence Fees as outlined in the Payment Schedule.

4.3 Late and NSF Charges / Outstanding Accounts

An administrative charge of $50.00 will be applied to any NSF (non-sufficient funds) payments. Residents must pay all outstanding fees and charges from previous years prior to submitting a registration form for subsequent occupancy at the Residence. Failure to do so may result in the denial of re-registration.

4.4 No Deduction or Set Off

All payments due under this Agreement shall be made without deduction, abatement, or set-off.

4.5 Incidental Fees

In addition to the Residence Fees set out in the Basic Terms, there are a number of incidental fees a Resident may incur while living in residence. These fees may be charged to a student’s HOEM account or may be charged separately. Incidental fees may include, without limitation: lockouts, replacement key charges, room switch fee, maintenance/cleaning fees, repair and replacement charges, community standards fines, or community standards collective billing.

ARTICLE 5 – LOCKS AND KEYS

5.1 Keys

CSCI will provide to the Resident a key (or keys as the case may be) or room access device to the Resident’s Bedroom (the “Room Key”) or encode a Card (the “Access Card”) on Move-in Day. The Room Key and/or Access Card remain the property of CSCI, as the case may be, and must be delivered in good working order to CSCI upon the completion of the Term, withdrawal from the Residence by the Resident, or upon CSCI terminating this Agreement.

5.2 Locks

Locks in the Suites and Bedrooms must not be altered without the prior written consent of CSCI. No additional locks shall be placed upon any door of the Residence or a Resident’s Bedroom or Suite. The Resident agrees that if additional lock(s) are placed on any door, CSCI may remove the lock(s) and any damage resulting from the additional lock or removal of same may be billed to the Resident.

5.3 Costs for Replacement / Misplaced Keys

The Resident is responsible for safeguarding the Room Key, Access Card, and mailbox key. Residents will be subject to a fee for the replacement of lost, broken, damaged, “lockout” (i.e. keys locked in room) or misplaced Room Keys, Access Cards, and mailbox keys. Where it is determined by CSCI that the loss of Room Key, Access Card, or mailbox key warrants the replacement of the associated Lock, all costs associated with the replacement of such Lock will be borne by the Resident.

5.4 Key Replication Prohibited

The Resident agrees not to allow copies to be made of the Room Key, Access Card or mailbox key provided by CSCI. Residents found in possession of a copied Room Key, Access Card or mailbox key may be subject to sanctions, including but not limited to termination of this Agreement. The Resident further agrees not to assign or reassign to any person or persons his or her Room Key, Access Card or mailbox key and such Room Key, Access Card and mailbox key shall only be used by the Resident that they are assigned to by CSCI.

ARTICLE 6 – FACILITIES

6.1 Move-in Condition

Each Resident agrees to submit any work orders for deficiencies their Bedroom and the Suite (if applicable) CSCI within 2 weeks of Move-in Day. Any changes to the physical condition of the Bedroom, Suite or property in the Residence that are determined by CSCI to have resulted from unacceptable use by the Resident will lead to additional charges. Residents that fail to record any deficiencies within 2 weeks of Move-in Day accept the accuracy of the records contained by CSCI and waive the right to later dispute any assessment of damages to the Bedroom or the Suite.

6.2 Maintenance

The Resident agrees to maintain the assigned Bedroom, Suite, fixtures and appliances and common areas of the Residence in a clean, safe and sanitary condition, to exercise all due care in the use of same, and to cooperate fully with the Residence pest control program as requested. The Resident may not remove any of CSCI’s property and will not perform any repairs, upgrades, painting, wallpapering, electrical changes or other alterations of the Bedroom or Suite without prior written consent from CSCI. Extraordinary appliances or furnishings, including without limitation, refrigerators, microwave ovens, ovens, satellite dishes, hot tubs, pool tables, water beds or high utility-consuming devices may not be installed or placed in the Bedroom, Suite or anywhere at the Residence without CSCI’s prior written consent, which may be delayed or withheld, in its sole and absolute discretion. Mini-fridges are permitted in the Bedroom at an additional cost of $40 per semester (non-refundable) for additional cost of utilities.

6.3 Pest Control

Failure to notify or take immediate action regarding maintenance and pest control issues in the Residence may result in the Resident being charged for damages, repairs, and services. The Resident agrees to follow all CSCI directives in order to eradicate pests, including bed bugs. This may include room preparation, clothes laundering, and leaving the Bedroom for a period of time. Should any damage occur as a result of the Resident not following these directives, the cost thereof shall be paid by the Resident. In such instances, the Resident will not be relocated as this may result in pests being carried to a new room. Further, the Resident will receive no refund of Residence Fees. Declining an inspection or cleaning may result in a charge. The Resident may be responsible for covering some laundry and/or dry-cleaning costs associated with treatment procedures.

6.4 Responsibility for Damage

The Resident is responsible for and agrees to pay for all items missing from the Resident’s Bedroom, any damage caused to the Resident’s Bedroom, the Suite or the Residence by the Resident or their guests, visitors, licensees or invitees (collectively, “Invitees”) or any cleaning required as a result of their actions. All Residents occupying a Suite are jointly and severally responsible for damage caused to shared areas within the Suite, including any kitchenette, bathroom, and living space, any items missing therefrom and any cleaning required as a result of their actions. All Residents of a Residence are jointly and severally responsible for damage caused to areas accessible by all Residents, including lounges, stairwells, kitchens, laundry rooms, and hallways. CSCI may, in their sole discretion, assign liability to specific residents for damage caused or cleaning required to, or items missing from, Residence common areas.

6.5 Repairs

In the case of a malfunction of any Utilities or damage by fire, water or other cause, or any water leak, electrical problem, broken glass, broken lock or any condition that the Resident reasonably believes poses a hazard to health and safety, the Resident must promptly notify CSCI and in writing by way of the work order program or maintenance reporting software provided by CSCI. CSCI will act with reasonable time and diligence in making repairs and reconnections. The Resident may not withhold or reduce payment of Residence Fees or other charges during such time. Maintenance and repair requested by the Resident will generally be performed between 8:00 a.m. and 8:00 p.m., unless the work is considered an emergency, in which case work may take place at any time. CSCI may temporarily disconnect equipment or utilities to avoid property damage and/or to perform repairs requiring such interruption, in CSCI’s sole discretion. CSCI will not be liable for any inconvenience, discomfort, disruption or interference with the Resident’s use of the Residence because of ongoing repairs, alterations or improvements to the Bedroom, the Suite or the Residence, or for any other reason.

6.6 Monthly Inspections

The Resident agrees to permit CSCI to inspect their Bedroom on a monthly basis, or such other frequency as deemed necessary by CSCI, and to repair and clean their Bedroom and/or Suite as determined to be necessary by CSCI, in its discretion. Save and except in situations of emergency, as determined in the absolute discretion of CSCI, or where a Resident has submitted a work request, the Resident shall be provided at least 24 hours’ notice in writing of intent to enter to conduct needed inspections, repairs or perform required cleaning. When notice is provided, entry cannot be denied.

6.7 Entering to Clean and Repair

Responsibility for the neatness and cleanliness of the Residence is shared by all Residents. If it is determined upon inspection that the Resident’s Bedroom and/or Suite requires cleaning, or the Residence common areas require cleaning as a result of the Resident or their Invitees, the Resident will be required to clean such area within a 72-hour period. If the required cleaning is not performed to the satisfaction of CSCI, CSCI reserves the right to clean the area and charge the Resident for all expenses relating thereto. If it is determined upon inspection that the Resident’s Bedroom and/or Suite requires repair beyond normal wear and tear the Resident will be liable for the cost of any repairs required to the Bedroom and all residents with Bedrooms entering onto a Suite will be jointly and severally liable for the cost of repairs to the Suite. Save and except in situations of emergency, as determined in the absolute discretion of CSCI, CSCI will respond to a work request within a reasonable period of time depending on the nature of the problem and may enter a Bedroom and/or Suite to inspect and/or repair while a Resident is not present.

6.8 Move-Out

The Resident agrees to leave their Bedroom and the Suite in a condition that is equal to or better than the condition each was in when the Resident moved in. All items in the Bedroom and Suite must be returned to their original placement or the Resident may be required to pay an extra labour charge. The Resident must further ensure that their Bedroom and Suite are left in a clean and orderly state and free from all refuse upon vacating the Room or the Resident may be required to pay additional cleaning charges. The Resident will return to CSCI all keys issued to Resident. If all keys are not returned promptly to CSCI, the Resident will pay all costs associated with re-keying or reprogramming locks for the Bedroom and/or the Suite, along with the cost of replacement of all keys. If the Resident fails to vacate the Bedroom and Suite by the end of the Term or upon earlier termination of this Agreement, the Resident will pay agreed holdover charges equal to three (3) times the daily pro-rated Residence Fees and other charges during the Term, plus associated expenses, including CSCI’s legal fees. In no event shall this Agreement be deemed to be renewed or extended following the expiry of the Term or earlier termination of this Agreement.

6.9 Move-Out Inspection

At end of the Term or at the time of submitting an Intent to Withdraw form, CSCI will conduct an inspection for the purpose of reviewing the physical condition of the Resident’s Bedroom and Suite common areas. The inspection will be conducted within 3 business days of the Resident’s departure and once all of the Resident’s personal belongings have been removed so that the physical condition of the Bedroom, Suite and the Residence property can be properly assessed. The Resident agrees to accept the findings of the inspection performed by CSC, and waive any right to dispute such findings.

6.10 Damage or Destruction

If in CSCI’s reasonable opinion, the Bedroom, Suite or the Residence is materially damaged by fire or other casualty, CSCI may terminate this Agreement within a reasonable time after such determination, by written notice to the Resident, in which case CSCI will refund prorated, pre-paid Residence Fees, less lawful deductions, unless the Resident and/or Resident’s Invitees caused the casualty, in which case all funds on account will be applied to all applicable charges related to the damages and the Resident will be responsible for the balance of all charges for repairs or rebuilding. If following a fire or other casualty CSCI does not elect to terminate this Agreement, CSCI shall rebuild the damaged areas within a reasonable time, and during such reconstruction, the Resident will be provided a reasonable rate reduction for the unusable portion of the Suite unless the Resident and/or the Resident’s invitee(s) caused the casualty.

6.11 Personal Conduct

The Resident shall comply with CSCI’s student policies and code of conduct as outlined on hoem.ca. Harmful, illegal, abusive, threatening, or dangerous behaviors are strictly forbidden. CSCI expects all Residents to conduct themselves in a civil and respectful manner at all times.

6.12 Serious Harm/Danger

If a Resident engages in harmful behavior, or behavior that is reasonably perceived to be a threat to himself or herself, or to others, or compromises his or her personal safety (including, but not limited to underage drinking, drug use, cutting, abusive behavior, etc.); or, where a pattern of behavior by a Resident is sufficient to create significant disruption to other Resident(s), CSCI reserves the right to terminate the tenancy of that Resident.

6.13 Health and Wellness

All Residents have a responsibility to take reasonable care of themselves. In the event of a health-related emergency, please contact 911 immediately. Residents who have become ill or sick are expected to take reasonable steps to seek treatment from a medical professional. Ill or sick Residents may inform a staff member of their illness, who may refer the Resident to a medical centre or contact emergency services.

6.14 Student Illness

CSCI does not have the facilities, resources or expertise to deal with residents that become ill or sick. Should the Resident suspect that they have become ill or sick the Resident is responsible for caring for themselves or finding the appropriate health service provider to assist them.

ARTICLE 7 – RESIDENCE COMMUNITY STANDARDS

7.1 Standards, Policies and Rules

The Resident acknowledges and agrees that the residence community standards and the residence policies as they may be updated from time to time, and are available at the CSCI office, are incorporated herein and form part of this Agreement and the Resident agrees to comply with them and all applicable laws and by-laws. The Resident also acknowledges that specific floors, groups or communities may create and administer additional contracts, policies and standards to which their members will abide. In the event of any conflict between such additional contracts, policies and standards and the terms of this Agreement and the HOEM Code and Residence Policies, the Agreement and the HOEM Code and Residence Policies shall prevail.

• https://live.hoem.ca/hoem-code
• https://www.hoem.ca/hoem-code

7.2 Discrimination and Harassment

While recognizing the importance of free inquiry and open discussion of all issues, CSCI’s commitment to developing, maintaining and safeguarding an atmosphere that is free from discriminatory harassment means that words, symbols and/or actions, which make the educational and social environment at the Residence hostile, insulting, threatening or unwelcoming for a person because of his or her citizenship, race, place of origin, ethnic origin, colour, ancestry, disability, age, creed (religion), sex, pregnancy, gender identity, gender expression, family status, marital status, sexual orientation, or receipt of public assistance, will not be tolerated.

CSCI accepts their responsibility to promote actively, through educational experiences, the values of inclusion and diversity essential to the free exchange of ideas and a productive learning environment. Further, CSCI will pursue remedies and apply sanctions as necessary in response to violations of this rule concerning discriminatory harassment.

Any assaulting or violent conduct, physical threats, or intimidation, deliberate destruction or removal of property, such as vandalism or theft, may result in the termination of this Agreement, including the license granted herein.

7.3 Support and the Standards

The Resident agrees that the Resident will not directly or indirectly cause, or fail to take reasonable steps to prevent, a breach of the guidelines, policies and procedures outlined in the HOEM Code. The HOEM Code is available on the website at hoem.ca.

7.4 Act Safe and Responsible

The Resident shall act in a responsible manner so as not to compromise the Resident’s own safety or endanger the health and safety of others either in person or virtually via the internet including social media. CSCI reserves the right to determine, from time to time, what constitutes unsafe practices and the appropriate sanctions for Residents engaging in such practices.

7.5 Entering Rooms in Emergency Situations

The Resident acknowledges and agrees that CSCI and their staff, designates, representatives, or other emergency or police personnel may enter a Suite and Bedroom without notice where there exists reasonable grounds to believe that there is an emergency situation or evidence of criminal activity within the Suite or Bedroom.

7.6 Notifying Emergency Contact

The Resident hereby authorizes CSCI to contact the Resident’s emergency contact in the event of an emergency situation, as determined in the sole discretion of CSCI.

7.7 Guest Privileges

The Resident is fully and completely responsible for the conduct and actions of their Invitees, including without limitation harm to individuals and damage or defacement of any part of a Bedroom, Suite or the Residence or property therein. Overnight guests may be permitted on an occasional basis, provided (i) the permission of any suitemates is obtained in advance; (ii) no complaints have been made previously regarding the conduct of the guest; and (iii) the guest does not leave any possessions in the Bedroom, Suite or Residence for more than three (3) days. Specific details on overnight guest standards and limitations can be found in the HOEM Code at hoem.ca. The Resident acknowledges that a Resident’s guest privileges may be revoked if in the opinion of CSCI the Resident abuses such privilege through excessive use or inappropriate behaviour. The Resident acknowledges that a Resident’s guest privileges may be temporarily revoked if in the opinion of CSCI the Resident is intoxicated or under the influence of illegal substances when signing in a guest. CSCI reserves the right to limit the number of guests, or prohibit any one guest, admitted to the Residence or by any Resident. Guest limits may be tightened for specific periods to facilitate the management of the community (i.e. orientation week, reading weeks, Halloween, exam periods, St. Patrick’s Day, etc.). CSCI will provide notice of these periods no less than 24 hours in advance of these time frames.

7.8 Commercial Activity Prohibited

The Resident shall not engage in any commercial activity in their Bedroom, Suite or any other area of the Residence without written permission from CSCI.

7.9 Right to Observe and Record Behaviour

CSCI reserves the right to observe and record the behaviour of the Resident and Invitees for the purpose of ensuring the safety of the Resident and the community and that applicable policies are followed. The CSCI privacy policy can be found at hoem.ca.

7.10 Smoking Prohibited

Smoking or burning candles, incense or any other material is prohibited anywhere in the Residence, including without limitation, any Bedroom, Suite and common areas. In the event that the Resident or any of their Invitees smokes or burns any material, the Resident will be responsible for the full costs relating to cleaning and/or replacing any affected parts of the Residence, including without limitation, cleaning or replacing carpets, painting walls, and cleaning heating and air conditioning equipment.

ARTICLE 8 – RISK, INDEMNITY AND PERSONAL SAFETY

8.1 Assumption of Risk / Indemnity

The Resident assumes all risks associated with use of the Residence, and to the full extent permitted by law, agrees to hold harmless, release, defend and indemnify CSCI and their affiliates, members, partners, officers, agents, management company and their respective employees (the “Released Party (ies)”) from all loss, liability and claims for injury or death to persons or damage or theft to property arising in whole or in part from: (i) the negligent acts, omissions or intentional wrongdoing of the Resident or their Invitees; or (ii) the use, occupancy, presence at or other interaction with the Residence or any part or contents thereof by the Resident or their Invitees, including without limitation those injuries and damages caused by a Released Party’s alleged or actual negligence or by breach of any express or implied warranty. The Released Parties will not be liable for injury, damage or loss caused by criminal conduct of other persons, including theft, assault, vandalism or other acts of third parties. The Resident agrees to indemnify each Released Party for any injuries to the Resident or any Invitee or other person or for damage to property that arises in connection with occupancy or use by the Resident or any Invitee of the Residence. The Resident further agrees to reimburse, indemnify and hold harmless the Released Parties from any and all claims, lawsuits, actions, costs, damages or losses, including reasonable legal fees and costs and expenses, that a Released Party incurs or may incur as a result of any breach of this Agreement by the Resident. The forgoing paragraph will be binding to the fullest extent permitted by law. The Released Parties shall not be responsible for indirect, special or consequential damages, even if advised of the possibility thereof.

8.2 Personal Safety

The Resident acknowledges that CSCI nor any of their agents, employees or representatives has made any representations or warranties, either written or oral, concerning the safety of the Residence, Bedroom or any Suite, or the effectiveness or operability of any security devices or security measures in the Residence, Bedroom or Suite. The Resident acknowledges that CSCI neither warrants nor guarantees the safety or security of residents or their Invitees against any criminal or wrongful acts of third parties. The Resident and their Invitees are responsible for protecting their own respective person and property and hereby release the Released Parties for any and all damage to person and property. CSCI’s safety measures are neither a warranty of safety nor a guaranty against crime or of a reduced risk of crime. The Resident acknowledges that security devices or measures may be changed or removed by CSCI without notice or compensation, and/or may fail or be thwarted by criminals or by electrical or mechanical malfunctions. Therefore, the Resident acknowledges that they should not rely on such devices or measures and should take steps to protect themselves and their existing property notwithstanding these devices. The Resident agrees to immediately notify a representative of either CSCI of any malfunctions involving locks and life-safety building components. Should the Resident become injured or imperiled at the Residence, the Resident authorizes CSCI and their agents to call 911 Emergency, without legal obligation to do so.

8.3 Insurance

The Resident agrees that CSCI assumes no liability, directly or indirectly, for loss or theft of personal property, including food, or for damage or destruction of such property by fire, water or other causes (including loss of utilities). CSCI does not purchase such protection for personal property. The Resident is required to obtain personal insurance against such losses together with public liability insurance coverage. Students are advised that they may be able to obtain coverage through a “rider” on the family’s tenant or homeowner insurance policy, which should include liability coverage for injury or damage caused by the Resident.

ARTICLE 9 – PERSONAL INFORMATION

9.1 Personal Information

CSCI collects, uses, and discloses personal information pursuant to this Agreement with relevant management, staff and affiliates in order to carry out routine administration, to enable efficient operation of the Residence, and for the safety and security of all residents. The Resident accepts that CSCI will disclose personal information for the purpose of roommate introduction, connection and/or coordination. Such personal information may include, without limitation: name, pertinent application/file detail, and digital and non-digital addresses. CSCI reserves the right to release any such information and/or the Resident’s account history to law enforcement, government officials, lenders and prospective purchasers of the Residence. The information in this Agreement and on any residence registration form may be collected by CSCI, and is needed to process the application and fees for residence as well as to facilitate the Resident’s “intellectual, social, moral, cultural, spiritual, and physical development” while living in Residence and other related or consistent purposes. All personal information that is collected by CSCI is used, stored, and destroyed in accordance with CSCI’s Privacy Policy. If you have questions about the collection, use and disclosure of information by CSCI, contact the CSCI office.

ARTICLE 10 – WITHDRAWAL AND TERMINATION OF OCCUPANCY

10.1 Withdrawal by Resident

A Resident who elects to withdraw from the Residence prior to the Move-In Date, or during the Term shall remain liable for the Residence Fees and all other financial obligations under this Agreement including, but not limited to, Utilities and damage charges, for the full Term, or until a suitable replacement as determined by CSCI, not currently living in the Residence provided accommodation, has taken occupation of the Resident’s financial responsibility.

10.2 Breach of Contract

Upon any breach by the Resident of this Agreement, the HOEM Code, any other CSCI policies or any federal, provincial or municipal laws or by-laws, CSCI may without separate demand or notice except as provided by law, and in addition to other lawful remedies, terminate this Agreement and/or the Resident’s right to occupy the Bedroom and Suite and arrange for the removal of the Resident and claim all past due charges plus all unpaid Residence Fees and other charges which would become due through the end of the Term or until the Bedroom and all other bedrooms at the Residence have been filled, with recovery by CSCI of any discrepancy in Residence Fee rate and any expense incurred in obtaining the new Resident contract. Without limitation, CSCI may terminate this Agreement for non-payment of Residence Fees or other charges, abandonment, or upon any conduct by the Resident that is prohibited by or in breach of this Agreement, or if, in the reasonable judgment of CSCI, continued residency will or may be detrimental to the educational process or the health, safety and/or welfare of the other residents of the Residence or any of the Residence’s personnel. CSCI may terminate this Agreement in the event that the Resident ceases to be a registered full-time student at a post-secondary institution. Upon any termination as described in this paragraph, the Resident must fully vacate the Bedroom and Suite (including removing all personal belongings) within 48 hours, provided that CSCI reserves the right to require the Resident to immediately vacate the Residence should the Resident’s conduct represent a risk to the safety, security or well-being of other residents, as determined in the absolute discretion of CSCI, and the Resident will have no further use of or access to the Residence, the assigned Bedroom or Suite. CSCI’s acceptance of fees or other payment following notice to vacate or during the pendency of a legal action will not waive or diminish CSCI’s rights under this Agreement or law unless separately and expressly agreed by CSCI. The Resident acknowledges that a Resident’s Bedroom (and Suite) may be deemed to be abandoned where the Resident has, in the opinion of CSCI, vacated the Bedroom and failed to respond to a Notice of Abandonment sent by CSCI. In the event the Resident disputes any action taken by CSCI or has any dispute in respect of the Residence or this Agreement, the Resident can submit an Appeal Form, available on the HOEM Portal.

10.3 Termination by CSCI

CSCI may terminate this Agreement by giving thirty (30) days’ notice in writing to the Resident of its intention to terminate.

10.4 Enrolment and Academic Standing

This Agreement is conditional upon the Resident being a student at the time of registration, as determined in the sole discretion of CSCI. Should the Resident’s student status change to inactive, denied, or revoked, CSCI may terminate this Agreement as set out herein. The Resident will be deemed to have satisfied the student status during the summer months of the Term (May through August) if the Resident maintained such student status during the immediately preceding academic period. Residents who are appealing an academic standing are not required to vacate the Residence pending the result of their appeal, provided the Resident obtains written permission from CSCI.

10.5 Items Left Behind

Any items left behind will be deemed to have been abandoned by the Resident. CSCI will discard any items left behind by the Resident after the end of the Term, the early withdrawal by the Resident, or termination of the Resident’s tenancy by CSCI. This includes items confiscated and temporarily held by CSCI. CSCI is not responsible for mailing items back to the Resident and will not compensate the Resident for items that have been discarded. The Resident agrees to indemnify CSCI for any costs, damages, or other expenses arising out of or in any way connected with the disposal of items left behind by the Resident.

ARTICLE 11 – GENERAL PROVISIONS

11.1 Notices

Any notice or demand permitted or required to be given to a Resident hereunder shall be in writing and is sufficiently given if delivered to the Resident’s mailbox, electronic mailbox or email or by way of posting such notice on the entry door to the Suite or Bedroom occupied by such Resident.

Any notice, demand or other instrument required or permitted to be given to CSCI hereunder shall be in writing and is sufficiently given if sent by registered mail, courier or personal delivery:

or at such other address as such parties may from time to time designate in writing pursuant to the provisions hereof.

11.2 Force Majeure

To the extent that CSCI is unable to fulfill, or is delayed or restricted in fulfilling, its obligations under this Agreement by any cause beyond its or their control, CSCI is relieved from the fulfillment of their obligations during that period and the Resident shall not be entitled to any reduction in fees or any compensation as a result thereof. Without restricting the generality of the foregoing, CSCI shall not be responsible for failing to meet their obligations under this Agreement due to: pandemic, including COVID-19; the ongoing response to COVID-19 by any and all levels of government; a strike by their respective employees and/or any other form of job action or labour unrest; or an occurrence that renders fulfillment of the Agreement impossible. CSCI reserves the right to require the Resident to immediately vacate their Bedroom and the Residence if a situation occurs in which safety measures are compromised.

11.3 Successors

This Agreement and every term, covenant and condition herein contained enure to the benefit of and are binding upon the parties hereto and their respective successors and assigns.

11.4 Invalidity

The invalidity in whole or in part of any article or articles, paragraph or paragraphs, or clause or clauses in this Agreement shall not affect the validity of the remaining portions of such article or articles, paragraph or paragraphs, or clause or clauses of this Agreement.

11.5 Interpretation

1. In this Agreement, unless the context otherwise requires, words imparting the singular number only shall include the plural and vice versa; words imparting one gender shall include all genders, and words imparting persons shall include companies, corporations, partnerships and any number of aggregate or persons.
2. The headings in this Agreement are inserted for convenience of reference only and shall not affect the interpretation, effect or construction of this Agreement.

11.6 Waiver

A waiver of any provision of this Agreement by or CSCI must be in writing and shall extend only to the provision so waived and only for the particular time or times in respect of which the waiver is given. Similarly, failure by CSCI to enforce its rights under this Agreement shall not be deemed to be a waiver of any future breaches and shall not prejudice the right of CSCI to strictly enforce its rights in the event of any future breach.

11.7 Time of the Essence

Time is of the essence of this Agreement and of every part hereof.

11.8 Further Amendment

No amendment to this Agreement will be valid or binding unless set forth in writing and duly executed by all of the parties hereto.

11.9 No Joint Venture

The parties hereto expressly disclaim any intention to create any joint venture or partnership and it is agreed amongst all the parties to this Agreement that there is no intention, explicit or implied, to create an agency relationship between the Resident and CSCI, pursuant to or by the terms of this Agreement.

11.10 Entire Agreement

This Agreement, together with the Confirmation Letter, and the policies, standards, handbooks and codes of conduct referred to herein, constitute the entire agreement and understanding by and between the parties hereto, except as herein otherwise expressly provided. There are no representations, warranties, promises, terms, conditions, undertakings or collateral agreements or understanding, written or oral, express or implied between the parties hereto pertaining to the subject matter hereof other than as expressly set forth in this Agreement.

11.11 Residential Tenancies Act

The Resident acknowledges that the occupation of a Bedroom in the Residence is exempt from the provisions of the Residential Tenancies Act, 2006, S.0. 2006, c. 17, as amended.

11.12 Residents Under the Age of 18

Where the Resident is under the age of 18 years, this Agreement must be signed by the parent or legal guardian of the Resident in order to be binding on CSCI. The undersigned parent or guardian of the Resident hereby acknowledges full responsibility and liability for all covenants and obligations of the Resident as provided for in this Agreement including, but not limited to, payment of all Residence Fees.

11.13 Guarantee

Where the Resident is over the age of 18 years and the Resident cannot conclusively demonstrate to CSCI’s satisfaction that the Resident’s annual income in the preceding year is at least three (3) times the amount of Residence Fees, CSCI reserves the right to require the Resident to arrange for the personal guarantee of all of the Resident’s obligations under this Agreement by a third party guarantor acceptable to CSCI. Such guarantor is required to execute CSCI’s standard form guarantee at the same time as the Resident’s execution of this Agreement, failing which CSCI may terminate this Agreement.

11.14 Online Acceptance of Agreement

This Agreement may be executed by way of electronic or written signature and may be sent in electronic format (pdf or otherwise) and delivered by electronic transmission. It is agreed that a copy signed by way of electronic signature or sent by electronic transmission in an electronic format is as binding upon the Resident and/or Guarantor as a signed copy of this Agreement with original signatures. There is no necessity to deliver a copy of this Agreement with the original signature of the Resident. For greater certainty, a copy of this Agreement signed in electronic format (pdf or otherwise) shall be deemed to be an original.

ARTICLE 12 – GOVERNING LAW

This Agreement is governed by the laws in the Province of Ontario. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of the courts of the Province of Ontario.