1. Application

   1. Upon submission of this application, the applicant understands that payment of a $100 deposit is due within 15 days.

   2. Your application is not complete until the $100 deposit is received by SDSM&T Student Accounts.

   3. Room assignments will only be made for completed applications.

   4. Based upon current housing policy, fully disclosed on-line, each resident has applied for room assignment either on a voluntary basis or on the basis that he or she is in a category of students required to reside on campus in accordance with South Dakota Board of Regents and institutional housing policy.

2. Deposit

   1. Once a deposit is received, it remains on account throughout the duration of a student’s stay on-campus.

   2. Refunds of deposit will only be made as follows:

      1. Prior to assignment, the $100 housing deposit is fully refundable upon written request of cancellation of the application/agreement made to the Director of Residence Life.

      2. Once a room assignment has been made, refunds will only be made under the following conditions:

         (1)	A written request for cancellation is received by the Director of Residence Life
         (2)	The request is made prior to August 1 for fall semester and prior to December 15 for spring semester.
         (3)	Eighty dollars, of your $100 housing deposit, are considered security monies and therefore refundable.
         (4)	Twenty dollars, of your $100 housing deposit, are considered processing and administrative fees and are therefore non-refundable.

      3. Housing deposits will be forfeit completely for applications cancelled on or after August 1 for academic year applications and on or after December 15 for spring semester applications.

      4. Once a student has taken possession of keys/access to their assigned room, housing deposits will be forfeit as follows:

         (1)	Twenty dollars, of your $100 housing deposit, are considered processing and administrative fees and are therefore non-refundable.
         (2)	Eighty dollars, of your $100 housing deposit, are considered security monies and therefore refundable with the following restrictions:
         	(a)	$30 charge for release from this agreement for the spring semester portion of the academic year, if written notification/request of release is received before December 15 (total refunded $50).
         	(b)	$55 charge for release from this agreement for the spring semester portion of the academic year, if written notification/request of release is received on or after December 15 and before the first day of the spring semester (total refunded $25).
         	(c)	$80 charge for release from this agreement, if written notification/request for release is received on or after the first day of the semester and before the earned room rent is greater than $80 (total refunded $0).
         	(d)	$30 charge for release from this agreement during either semester, if written notification/request for release is received on or after the date that earned room rent is greater than $80 (total refunded $50).
         	(e)	$80 charge for release from this agreement for any agreement buy-outs (total refunded $0).

   3. Upon completion of the current academic year agreement, the full deposit (security monies and processing/administrative fees) may be used to complete application for subsequent concurrent academic years.

   4. Forfeiture of deposit will result when a student does not request for return of deposit via the on-line request form within 60 days of vacating the residence halls.

3. Agreement
   In accepting the conditions of this agreement and upon receipt of keys/access to his or her assigned room, each resident acknowledges and consents to the following provisions:

   1. Resident hereby agrees to reside in an assigned room for the full academic year (or any portion remaining) or for such length of time as the student is enrolled for six credit hours or more for the current academic year as of the date on signing this agreement.

   2. Initial room assignments are for the full academic year or balance thereof remaining. Residence Life reserves the right to make necessary changes at any time. Residents may request room changes in accordance with procedures contained in the Residence Life Handbook.

   3. Resident acknowledges understanding of, and consents to comply with, all regulations, policies, procedures, rules, etc., as published in the Student Code of Conduct and the Residence Life Handbook. Such regulations, policies, etc. are incorporated by reference into this agreement and expressly made a part hereof. Any reasonable alterations, additions and modifications to such regulations, policies, etc. as may be made from time to time and are properly communicated to residents shall likewise be considered a part of this agreement with the same force and effect as though written herein.

   4. Upon submission of this agreement, all residents acknowledge the basic rights and responsibilities of living on-campus at SDSM&T or its extended campus locations as they are documented in the "Rights and Responsibilities" section of the Residence Life Handbook. In addition, roommates will be asked to complete a negotiated "Roommate Agreement" with one another.

   5. All charges must be paid in advance each semester as part of the registration process.

   6. All residents are required to participate in a meal plan with SDSM&T Dining Services as outlined in the SDSM&T Policy Manual (III-A-06).

   7. The institution does not carry insurance coverage for loss/damage to residents’ personal effects and does not assume any responsibility for such loss/damage. Residents are encouraged to determine if parents’ household insurance policies will be in force here. Many policies contain such coverage for students away from home at school. If not, residents are encouraged to purchase appropriate "insurance coverage for personal property.

   8. The school will hold residents jointly or individually responsible and accountable for all losses and damages to institutional property in assigned rooms and throughout all other areas of the residence halls, except for loss/damage through normal wear and tear. Charges to be assessed will be determined by Residence Life and, whenever possible, communicated to the student before being implemented. All residents, or any group of residents (e.g. a wing), may be charged as necessary for damages in common areas, even those caused by an individual(s) unknown. SDSM&T will make every effort to identify an individual(s) responsible for any damage, but may not always be successful. It is imperative that each resident be alert to vandalism and cooperate in reporting any information that might be helpful in identifying a person(s) responsible for damages that might occur.

   9. Release from this accepted agreement may only be granted upon written application, submitted via email to the Director of Residence Life.

      1. Students planning to live off-campus and continue enrollment at SDSM&T or another BOR institution in Rapid City (USD, SDSU, BHSU) during the current academic year and who are not otherwise required to live on-campus per BOR Housing Policy 3:6 may buy-out their agreement ($400 non-refundable) at any point during the academic year.  Agreement buy-out charges will be applied to the student’s account upon receipt of the written request.  The Housing Deposit is forfeit.  Room rent refunds will be issued per standard procedures.

      2. Students otherwise required to live on-campus per BOR Housing Policy 3:6 must simultaneously request exemption from the Housing Policy while also requesting release from this agreement. Release will be considered on the basis of (a) documented financial hardship; (b) documented medical problems (initially submitted to Counseling and ADA Student Services); and (c) other documented special circumstances presented by the resident requesting such release. All requests will be minimally reviewed by the Director of Residence Life. Additional reviewers may be requested as necessary; for example, the Hall Director, Academic Services, Financial Aid, Student Health Services. Final decisions will be made by the Director of Residence Life. Agreement release charges ($400 non-refundable) will be applied upon approval of agreement release.  The Housing Deposit is forfeit.

      3. Students leaving SDSM&T residence halls for the following reasons will not be charged for agreement buy-out (a) graduation (b) non-acceptance to college; (c) withdrawal/dismissal for academic reasons; (d) participation in the COOP education program; (e) transfer of agreement (an agreement can be transferred to another SDSM&T student who has not yet applied for housing but is willing, eligible, and otherwise not required to enter into a housing agreement); (f) leaving SDSM&T.  Deposit will be refunded per schedule (see B.2.d).

   10. The refund policy of the institution is published in the school catalog. No refunds of rent are made for incidental absences. Semester rental charges do not include room rentals during Semester Break, Spring Break, or during summer periods. Residents who need to stay in rooms during these periods may apply to do so and may be charged additional rent. NOTE: Residents may leave personal property in their rooms during Semester Break and Spring Break at no charge.

   11. Waiver. The failure of Residence Life to insist upon a strict performance of any term or condition of this agreement or to exercise any right therein conferred in any one or more instances, shall not be deemed a waiver or relinquishment of any right or remedy that Residence Life may have, and shall not be deemed a waiver of any subsequent breach of such term or condition. For example, the failure, for whatever reason(s), of Residence Life to charge a resident(s) for some damages in one instance does not preclude the making of such charges in any or all subsequent instances.

   12. Each resident agrees to hold harmless and indemnify the State of South Dakota, the South Dakota Board of Regents, SDSM&T, their officers, agents or employees from and against any and all actions, suits, damages, liability, or other proceedings that may arise as a result of its performance of this agreement. Residents shall not be required to be responsible or defend against claims or damages arising solely from acts or omissions of the state, its officers, agents or employees.

   In submitting this application, I am certifying the accuracy of all information provided. I understand that my application will not be processed without or until a $100 deposit is receipted into my student account. I understand the conditions of refund of my deposit (as outlined in part B of Section 4 of this application). I give authorization to release my address, email and phone number to any assigned roommate(s). I further accept and agree to abide by the conditions of the Housing Agreement (Section C in its entirety).

   South Dakota School of Mines and Technology does not discriminate on the basis of race, cout color, national origin, military status, gender, religion, age, sexual orientation, political preference or disability in employment or the provision of service.

A. Apartment Application

1. Upon submission of this application, the applicant understands that payment of a $100 deposit is due within 15 days.

2. Your application is not complete until the $100 deposit is received by SDSM&T Student Accounts.

3. Assignments will only be made for completed applications.

4. Based upon current housing policy, fully disclosed on-line, each occupant has applied for an apartment on a voluntary basis.

B. Eligibility Requirements

1. Students required by the SD Board of Regents (BOR) to live in the residence halls are not automatically eligible to live in the SDSM&T managed apartments. Therefore, to be automatically eligible students must:

a. Be two (2) or more years beyond high school graduation; or

b. Have completed four (4) semesters of full-time enrollment at a post-high school educational institution; or

c. Be an international student, who is twenty (20) years of age as of SDSM&T Fall Registration Day.

AND

d. Be officially admitted at SDSM&T and maintain a minimum of twelve (12) undergraduate credit hours or six (6) graduate credit hours per semester during the academic year covered by the dates of this agreement.

2. SDSM&T ResLife may alter eligibility requirements to serve the educational, facility or fiscal needs of the university

3. In accordance with SDSM&T policy III-A-02, students residing in university managed apartments may have non-student members of their household reside with them. Rent will be billed equally to any/all students assigned to the aparment.

C. Deposit

1. Once a deposit is received, it remains on account throughout the duration of a student’s stay on-campus – either in the apartments or in the residence halls.

2. Refunds of deposit will only be made as follows:

a. Prior to assignment, the $100 housing deposit is fully refundable upon written request of cancellation of the application/agreement made to the Director of Residence Life.

b. Once an assignment has been made, refunds will only be made under the following conditions:

c. Housing deposits will be forfeited completely for applications cancelled on or after August 1 for academic year applications and on or after December 15 for spring semester applications.

d. Once a student has taken possession of keys/access to their assigned room, housing deposits will be forfeited as follows:

3. Upon completion of the current academic year agreement, the full deposit (security monies and processing/administrative fees) may be used to complete application for subsequent concurrent academic years.

4. Forfeiture of deposit will result when a student does not submit notification of intent to move off-campus via the on-line refund request form within 60 days of vacating the SDSMT managed apartments.

D. Agreement
In accepting the conditions of this agreement and upon receipt of keys/access to his or her assigned apartment, each occupant acknowledges and consents to the following provisions:

1. Occupant hereby agrees to reside in an assigned apartment for the duration of the agreed on time (option selected on the application) or for such length of time as the student meets the eligibility requirements stated in Section B.

2. Apartment assignments are for the full term of the agreed upon duration or balance thereof remaining. Residence Life reserves the right to make necessary changes at any time. Occupants may request apartment changes in accordance with procedures contained in the Residence Life Handbook.

3. Occupant acknowledges understanding of, and consents to comply with, all regulations, policies, procedures, rules, etc., as published in the Student Code of Conduct and the Residence Life Handbook. Such regulations, policies, etc. are incorporated by reference into this agreement and expressly made a part hereof. Any reasonable alterations, additions and modifications to such regulations, policies, etc. as may be made from time to time and are properly communicated to occupants shall likewise be considered a part of this agreement with the same force and effect as though written herein.

4. Upon submission of this agreement, all occupants acknowledge the basic rights and responsibilities of living on-campus at SDSM&T or its extended campus locations as they are documented in the "Rights and Responsibilities" section of the Residence Life Handbook. In addition, apartments with multi-occupants will be asked to complete a negotiated "Roommate Agreement" with one another.

5. All charges must be paid in advance each semester as part of the registration process (9 month agreements billed equally between fall and spring semester; 12 month agreements billed in three payments – 40 percent in fall, 40 percent in spring and 20 percent immediately following spring semester).

6. Apartment occupants are NOT required to participate in a meal plan with SDSM&T Dining Services as outlined in the SDSM&T Policy Manual (III-A-06), but are welcome to do so, if they so choose.

7. The institution does not carry insurance coverage for loss/damage to occupants’ personal effects and does not assume any responsibility for such loss/damage. Occupants are encouraged to determine if parents’ household insurance policies will be in force here. Many policies contain such coverage for students away from home at school. If not, occupants are encouraged to purchase appropriate insurance coverage for personal property.

8. The university will hold occupants jointly or individually responsible and accountable for all losses and damages to institutional property in assigned apartments, except for loss/damage through normal wear and tear. Charges to be assessed will be determined by Residence Life and, whenever possible, communicated to the student before being implemented. All occupants, or any group of occupants (e.g. laundry facilities or shared walkways), may be charged as necessary for damages in common areas, even those caused by an individual(s) unknown. SDSM&T will make every effort to identify an individual(s) responsible for any damage, but may not always be successful. It is imperative that each occupant be alert to vandalism and cooperate in reporting any information that might be helpful in identifying a person(s) responsible for damages that might occur.

9. Release from this accepted agreement may only be granted upon written application, submitted via email to the Director of Residence Life.

a. Students planning to live off-campus and continue enrollment at SDSM&T or another BOR institution in Rapid City (USD, SDSU, BHSU) during the current academic year and who are not otherwise required to live on-campus per BOR Housing Policy 3:6 may buy-out their agreement at any point during their agreement period for twenty-five percent of the remainder of their agreed upon apartment rent. Agreement buy-out charges will be applied to the student’s account upon receipt of the written request. The Housing Deposit is forfeit. Room rent refunds will be issued per standard procedures.

b. Students otherwise required to live on-campus per BOR Housing Policy 3:6 must simultaneously request exemption from the Housing Policy while also requesting release from this agreement. Release will be considered on the basis of (a) documented financial hardship; (b) documented medical problems (initially submitted to Counseling and ADA Student Services); and (c) other documented special circumstances presented by the occupant requesting such release. All requests will be minimally reviewed by the Director of Residence Life. Additional reviewers may be requested as necessary; for example, the Apartment Manager, Academic Services, Financial Aid, Student Health Services. Final decisions will be made by the Director of Residence Life. Agreement release charges consisting of twenty-five percent of the remainder of their agreed upon apartment rent will be applied upon approval of agreement release. The Housing Deposit is forfeit.

c. Students leaving SDSM&T apartments for the following reasons will not be charged for agreement buy-out (a) graduation (b) non-acceptance to college; (c) withdrawal/dismissal for academic reasons; (d) participation in the COOP education program; (e) transfer of agreement (an agreement can be transferred to another SDSM&T student who has not yet applied for housing but is willing, eligible, and otherwise not required to enter into a housing agreement); (f) leaving SDSM&T. Deposit will be refunded per schedule (see C.2.d).

10. The refund policy of the institution is published in the university catalog. No refunds of rent are made for incidental absences.

a. A nine (9) month agreement includes the period of August 15 – May 15.

b. A twelve (12) month agreement begins August 15 and ends on July 31, unless the occupant has renewed their agreement for at least Fall Semester.

c. If students desire occupancy beyond July 31, application for continuation must be submitted before April 1.

d. Students must notify Residence Life before April 1 if they would like to extend their nine (9) month or semester long agreement beyond May 15. As space allows, summer extensions will be accommodated at the twelve (12) month rate.

11. Waiver. The failure of Residence Life to insist upon a strict performance of any term or condition of this agreement or to exercise any right therein conferred in any one or more instances, shall not be deemed a waiver or relinquishment of any right or remedy that Residence Life may have, and shall not be deemed a waiver of any subsequent breach of such term or condition. For example, the failure, for whatever reason(s), of Residence Life to charge a occupant(s) for some damages in one instance does not preclude the making of such charges in any or all subsequent instances.

12. Each occupant agrees to hold harmless and indemnify the State of South Dakota, the South Dakota Board of Regents, SDSM&T, their officers, agents or employees from and against any and all actions, suits, damages, liability, or other proceedings that may arise as a result of its performance of this agreement. Occupants shall not be required to be responsible or defend against claims or damages arising solely from willful, negligent acts or omissions of the state, its officers, agents or employees.

In submitting this application, I am certifying the accuracy of all information provided. I understand that my application will not be processed without or until a $100 deposit is receipted into my student account. I understand the conditions of refund of my deposit (as outlined in part B of Section 4 of this application). I give authorization to release my address, email and phone number to any assigned roommate(s). I further accept and agree to abide by the conditions of the Apartment Agreement (Section D in its entirety).

South Dakota School of Mines and Technology does not discriminate on the basis of race, color, national origin, military status, gender, religion, age, sexual orientation, political preference or disability in employment or the provision of service.