Hilbert College
COVID-19 Pandemic-Related
Acknowledgment of Assumption of Risk

State and federal health authorities have issued extensive warnings that the coronavirus disease known as “COVID-19” which is caused by the virus known as Severe Acute Respiratory Syndrome Coronavirus 2 or “SARS-CoV-2” (the disease and virus being hereinafter referred to collectively as “COVID-19”) is a highly contagious infectious disease that can be spread from one person to another – even without any direct personal contact.  Public health officials have also warned that carriers of COVID-19 may spread the disease to others even when the carrier shows no symptoms of the disease.   

In an effort to protect against transmission of COVID-19, Hilbert College (“Hilbert”) has put in place a safety plan, including policies and rules to be followed by its students, faculty, staff, and visitors which are based on recommended guidance from state and local health authorities which require, among other things, that individuals on campus (1) maintain social distancing of at least six feet, (2) practice good hand hygiene, (3) use face coverings when in the company of others where six feet of social distancing for brief periods may not be possible, (4) comply with all other health and safety rules and policies published from time to time by Hilbert on its website www.hilbert.edu, as the same may be modified or supplemented by Hilbert (collectively, Hilbert’s Rules and Policies”).

The effectiveness of Hilbert’s Rules and Policies in preventing the spread of COVID-19, however, are dependent upon the extent to which individuals comply with Hilbert’s Rules and policies, and the COVID-19 pandemic (the “Pandemic”) continues to create risks and uncertainties associated with, among other things, receiving classroom instruction, studying on-campus, living on-campus and participating in sports or other activities on-campus.  As of the date of this Agreement, the potential continuing impacts of the COVID-19 Pandemic are not fully foreseeable, and the Pandemic may impact the feasibility and conditions of on-campus study, and residence during some or all of the current academic year.   

Agreement:

The undersigned, a student of Hilbert, hereby agrees to the following:

1. Hilbert’s Rules and Policies.Hilbert College (“Hilbert”) has established Hilbert’s Rules and Policies and may in the future impose additional or different rules, policies, and regulations governing students’ presence on campus and/or occupancy of its residential facilities (collectively, “Housing Facilities”) in response to the COVID-19 Pandemic, and that Hilbert’s Rules and Policies (whether now existing or adopted in the future) may include, but shall not be limited to, requirements for social distancing, the wearing of face coverings, sanitation, and/or health screenings as a condition for initial or continued presence on campus and/or occupancy of Housing Facilities. The student agrees to review and comply fully with all of Hilbert’s Rules and Policies, and acknowledges that the student’s presence on campus and the student’s presence in or occupancy of any Hilbert residential facility are contingent upon the student’s full compliance with all of Hilbert’s Rules and Policies, as the same may be modified or supplemented from time to time, and that Hilbert reserves the right to take disciplinary action against any student who fails to comply with all of Hilbert’s Rules and Policies.
   
   
2. Tuition Nonrefundable.The tuition rates charged by Hilbert are not dependent on the format of the educational programs for which they are payable.Accordingly, if Hilbert is required to alter the structure of its on-campus educational programs or transition students to remote learning models (in whole or in part) due to restrictions imposed by Legal Requirements, or if Hilbert determines such action to be warranted in light of continuing or potential impacts of the COVID-19 Pandemic, another pandemic, acts of God, or other threats to health or safety, no reduction or refund of tuition will be made based on the resulting changes to the programs in which the student is enrolled.
   
   
3. Relocation of Students from Residential Facilities.If the student resides in an on-campus residential facility, Hilbert reserves the right, at any time and from time to time, to require the student to temporarily relocate to other Hilbert Housing Facilities in the event that Hilbert determines, in its sole discretion, that such action is necessary or advisable in response to a positive COVID-19 test or suspected COVID-19 exposure of the student or any other person, for other reasons related to the COVID-19 Pandemic, or for other reasons of health or safety.The Housing Facilities to which the student may be relocated may be located on-campus or at an offsite location of Hilbert’s choosing.PLEASE NOTE that no such relocation shall entitle the student to a refund or result in any abatement of housing charges under any circumstances.
   
   
4. No Refunds Upon Closure of Housing Facilities. PLEASE NOTE that all Hilbert Housing Facilities will close, and all students will be required to vacate the Housing Facilities in which they reside by 12 o’clock noon on Wednesday, November 25, 2020, and that no refunds or abatements of housing charges shall be payable by or credited to the student by Hilbert as a result of the scheduled closing of Housing Facilities on November 25, 2020. PLEASE ALSO NOTE that, regardless of whether the student is relocated to another unit or another housing facility in accordance with paragraph “3” above, except to the extent required by applicable law, no full or partial refund or abatement of housing charges shall be payable by Hilbert to the student or otherwise credited to the student if: (i) the Housing Facility is required to close and/or if the student is required to vacate the Housing Facility by federal, state or local governmental authorities or applicable law for reasons related to the COVID-19 Pandemic, another pandemic, act of God, or other threats to health or safety; (ii) Hilbert determines, in its sole discretion, to close or require the student to vacate a Housing Facility due to continuing or potential impacts of the COVID-19 Pandemic; or (iii) the student elects to vacate his or her assigned unit based on concerns related to COVID-19 Pandemic.
   
   
5. Assumption of Risk by Student.The undersigned acknowledges that, notwithstanding the precautions undertaken by Hilbert, undersigned’s presence on campus and/or occupancy of on-campus Housing Facilities carries inherently elevated risks of contracting communicable diseases, including, without limitation, COVID-19, that some of these risks may not presently be known, and that the risks may be even higher for certain populations.The undersigned student hereby represents, warrants and agrees that the undersigned has reviewed any and all guidance published by Hilbert and/or applicable public health authorities with respect to the impacts of COVID-19, that the undersigned has reviewed and will continue to review any such guidance as it is issued, and has evaluated (and will evaluate) this information with the benefit of such medical advice as the student has deemed (or will deem) necessary.In the event that the undersigned student elects to enroll in on-campus courses or participate in other programs or activities and/or if the undersigned student elects to occupy Hilbert Housing Facilities during some or all of the academic year, the student acknowledges and agrees that the students actions are a result of the student’s voluntary decisions, are based on evaluation of the circumstances, with knowledge of the attendant risks and consideration of the possibility of unknown risks, that the student concluded that the benefits of doing so outweigh the risks of doing so, and that the student is therefore willing to assume all such risks, whether known or unknown.
   
   
6. Miscellaneous.This Agreement constitutes the entire agreement with respect to its subject matter and supersedes and merges all other statements, understandings, representations and agreements, oral or written, relating to such subject matter. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of New York State, without regard to principles of conflicts of law.If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then that provision shall be severed from this Agreement without affecting any other provision, the balance of which shall remain in full force and effect; provided, however, that if the invalid provision may be modified or reformed so as to be valid as a matter of law, then the provision shall be deemed to be modified or reformed to be enforceable to the maximum extent permitted by law. This Agreement shall be binding upon the undersigned student, as well as student’s successors, executors, personal representatives, heirs and assigns.Facsimile, email, or other electronic versions of this Agreement shall have the same force and effect as originals.

Please sign this Agreement below to acknowledge your agreement to the terms hereof.  PLEASE NOTE, HOWEVER, THAT EVERY HILBERT STUDENT WHO IS NOTIFIED OF THE TERMS OF THIS AGREEMENT AND ELECTS TO ENROLL AS A STUDENT OF HILBERT AND/OR RESIDE ON HILBERT’S CAMPUS OR IN OTHER RESIDENTIAL FACILITIES OWNED OR CONTROLLED BY HILBERT SSHALL AUTOMATICALLY BE DEEMED TO HAVE AGREED TO AND BE BOUND BY ALL OF THE TERMS, COVENANTS, CONDITIONS, AND PROVISIONS OF THIS AGREEMENT, AND NO FAILURE OR REFUSAL BY SUCH STUDENT TO EXECUTE THIS AGREEMENT THIS SHALL INVALIDATE OR OTHERWISE AFFECT THE ENFORCEABILITY BY HILBERT OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.