Skip to Content

2017-2018 Member Application and Participation Agreement

This form is to be completed by the manager. Submission of the form acknowledges support of a property's inclusion in the ACT Ally program.

This Participation Agreement (the “Agreement”) is between Achieving Community Together [ACT] and the residential complex located at

                                                       [Address] currently known as                          [Complex Name], which hereafter will be referred to as the Member [Member].

, which hereafter will be referred to as the Member [Member].  A Member is an operating multi-family community located within the San Marcos city limits.  A newly built property is eligible to join ACT Ally no sooner than six months from the issuance date of the Temporary Certificate of Occupancy.

 

ACT Ally is a program of ACT and the Department of Housing and Residential Life at Texas State. Through ACT Ally, innovative approaches are used to address noise and other problems such as roommate disputes, landlord disputes, maintenance concerns, and leasing issues. ACT Ally is based upon establishing relationships with residential rental property owners and managers to incorporate the goals and values of a dynamic and diverse community for a successful off campus living experience.

 

ACT Ally connects students to the rental housing industry through those who promote a healthy living environment plus demonstrate fair and equitable business practices in the delivery of affiliated services and products. ACT Ally participants are in a select group of rental properties, product and service providers to help students and parents make more informed decisions when choosing off campus housing. In addition, each year a peace officer performs a crime prevention survey at participant properties checking the quality of doors, locks, windows plus the lighting and grounds maintenance. Properties that meet these standards are found on the City of San Marcos and Texas State University ACT websites.

 

Benefits of Participation

Campus and community presence, including:

  1. Participation in the Fall Flier Fair and Texas State Spring 2018 Off Campus Housing Fair.
  2. Listing in a full page ACT advertisement in the Texas State Guide to Living Off-Campus.
  3. Personalized advertisement in the Texas State Guide to Living Off-Campus (Full page for Members).
  4. Advertisement on ACT placard or other marketing materials displayed at all Chat ‘n Chew during long semesters.
  5. One (1) Chat ‘n Chew per each long semester.
  6. Advertisement on ACT placard or other marketing materials displayed at Spring New Student (Transfer) Orientation.
  7. Inclusion in ACT marketing materials, presentations, and information provided to parents via the Texas State Parent and Family Relations Association and Bobcat Day.  Listing in ACT link on Housing and Residential Life webpage plus ACT posters in residence halls.
  8. Listed on Texas State University and City of San Marcos ACT web pages.
  9. Official ACT Ally participant certificate to display.
  10. ACT brochures and informational handouts.
  11. Use of the membership with the ACT Program for advertisement, including use of ACT trademark, for members in good standing.
  12. Direct access to Texas State and City of San Marcos staff for assistance and referrals to available resources.
  13. Inclusion in Ally-at-a-Glance plus information disseminated to Residence Hall students preparing to move off campus.
  14. Crime prevention survey performed by a certified peace officer.
  15. Property specific crime statistics and notification of crime trends.

Participation Criteria

  1. Participation in the ACT Ally program requires the Member be an operating apartment community located within the San Marcos city limits.  A newly built property is eligible to join ACT Ally no sooner than six months from the issuance date of the Temporary Certificate of Occupancy.
  2. The Member is required to comply with the following provisions. Failure to comply may result in the complex losing its participant status without any refund and being prohibited from joining the ACT Ally program for a full calendar year. It is understood and accepted by all parties to this agreement that a representative for the Ally must:
    1. Actively engage in the ACT Ally program during the previous program year.  This includes attendance at ACT Ally Quarterly meetings, inclusion of ACT logo on websites, printed materials, displaying the ACT membership logo at the business and no use of the abbreviation “TSU” to represent Texas State University.
    2. Promote a healthy living environment through community awareness, responsibility, cooperation and good neighbor practices.
    3. Use marketing strategies, advertisements, webpage or social media postings that do not include excessive alcohol consumption or behavior disruptive to other tenants or neighbors. 
    4. Use promotional materials that exclude items related to alcohol consumption such as red cups, bottle openers, ping pong balls, shot glasses, alcohol logos, etc.
    5. Prohibit alcohol furnished by management or staff at on-site gatherings.
    6. Actively promote responsible alcohol consumption at off-site events if sponsored by management (i.e. restaurants, bars).
    7. Reply within three (3) business days to San Marcos Police Department noise violation notifications and take action as needed.
    8. Take reasonable and prompt action to prevent or reduce disputes or conflicts.
    9. Collaborate with ACT, Texas State, City officials and/or the Central Texas Dispute Resolution Center to assist in handling conflicts or disputes that cannot be resolved between the property owner/manager and a tenant.
    10. Attend the July and October ACT Ally Quarterly meetings and attend at least one of the two Spring semester meetings.
    11. Display an ACT program poster in a public place at the leasing office or on-site reception area of the property.
    12. Abide by University policy for soliciting on campus, branding, and trademarks.
    13. Receive a score of at least 80% compliance with an annual property crime prevention survey.

 

  1. ACT Ally participants demonstrate fair and reputable business practices. If you join, you will be expected to:
    1. Provide each tenant with an ACT Ally Tenant Education Disclosure Page at the time of lease signing.
    2. Provide accurate information and images of the property on websites and marketing materials.
    3. Make prospective tenants fully aware of any differences between a model unit and the actual property to be occupied.
    4. Provide clear information on all contractual terms, in particular length of the lease term and rent.
    5. Provide a summary of, and clear information about, any additional costs not included in the rent.
    6. Provide clear information about additional requirements a prospective tenant may have to meet for rental such as a guarantor, credit or background check.
    7. Provide each tenant with a copy of their signed lease or access to an electronic copy of their signed lease within three (3) business days of the lease being executed.
    8. Provide each tenant with a written list or access to an electronic version of the customary fees/fines assessed for damages, repairs, or services charged during the lease or at move out.
    9. Tenants are provided with procedures about how they should report repair or maintenance issues.
    10. Carry out repairs within a reasonable time.
    11. Provide clear information on any additional requirements a student may have to meet for rental and any increased costs for which they are liable, i.e. international, foreign exchange, foster students. 
    12. Notify ACT officials within seven (7) business days of any management change.

 

Participant Evaluation Criteria

  1. Active engagement in the ACT Ally program during the previous program year.  This includes attendance at ACT Ally Quarterly meetings, inclusion of ACT logo on websites, printed materials, displaying the ACT membership logo at the business and no use of the abbreviation “TSU” to represent Texas State University.
  2. Marketing strategies, advertisement, websites or social media postings have not included excessive alcohol consumption or behavior disruptive to other tenants or neighbors.
  3. Cooperation with City of San Marcos and/or Texas State resolving noise violations, complaints or conflicts.
  4. Compliance with university policy for solicitation on campus.
  5. No pattern of unresolved complaints of unfair or inequitable business practices including treatment of lease holders displaced by any delay in building works resulting in a property not being ready for occupancy on an agreed upon date.
  6. Use promotional materials that do not infer alcohol consumption such as red cups, bottle openers, ping pong balls, shot glasses, alcohol logos, etc.
  7. Alcohol not furnished by management or staff at on-site gatherings and events. 
  8. Actively promote responsible alcohol consumption at off-site events if sponsored by management (i.e. restaurants, bars).
  9. Property management responds to San Marcos Police Department noise violation notices and takes action as needed.
  10. No significant event or practice has brought discredit on the ACT Ally program, Texas State University, and/or the City of San Marcos.
  11. Collaboration with ACT, Texas State, City of San Marcos and/or Central Texas Dispute Resolution Center to resolve disputes.
  12. Managers/businesses demonstrate a pattern of fair and equitable business practices.
  13. Legitimate complaints addressed in a timely manner.
  14. Tenants provided with the ACT Ally Tenant Education Disclosure Page at time of lease signing.
  15. Compliance with university policy for solicitation on campus.
  16. Property scores at least 80% compliance on crime prevention survey.

Participation Period and Annual Dues

The participation period begins July 1, 2017 and ends June 30, 2018. Fees will be based on the number of beds in each complex. Annual dues are not pro-rated. Payment can be made via check or money order made payable to Texas State University and mailed to: Department of Housing and Residential Life, Attention: Margaret Yackel, 601 University Drive, San Marcos, Texas 78666. Or delivered in person to: Department of Housing and Residential Life Office, Margaret Yackel, 515 N. Comanche St., San Marcos, Texas 78666.

 

 

Membership Category

Dues

0 – 150 beds/rooms

             $500.00

151 – 299 beds/rooms

              $1,000.00

300 – 499 beds/rooms

$1,750.00

500 – 699 beds/rooms

$2,500.00

  700 - 999 beds/rooms

$2,750.00

  1,000 - above beds/rooms

$3,000.00

 

September 1, 2017 is the deadline for Members and Affiliates to join or renew and qualify to attend the Fall Flier Fair and the Texas State Spring 2018 Off-Campus Housing Fair.

 

Termination and/or Removal from ACT Program

A Member may resign as a participant of ACT at any time after providing written notice to ACT and, upon resignation; such Member shall no longer be bound by the provisions of this Agreement.  If the termination occurs within 30 days of signing this agreement, a full refund will be issued. No refund will be given for terminations later than 30 days from the date this agreement is signed. The Member will be ineligible to rejoin ACT for one year after membership termination.

A Member may be involuntarily removed from the ACT program if they are found to have significantly violated any of the Participation Evaluation Criteria. The ACT Committee reserves the right to review any and all violations, and to decide in its sole opinion if such violation warrants removal of the complex from the Ally program. If a decision is made to remove the Member, no refund will be issued. Member agrees to immediately cease and desist with any and all marketing efforts and materials utilizing the ACT and/or Ally affiliation, logo, and trademark.

Permission to Use Name

Member hereby grants ACT permission to use its name publicly in connection with the routine activities of ACT and in press releases issued by ACT and Texas State University.

 

Representations & Conditions

Member represents and warrants that it has the full power and authority to enter into and perform this Participation Agreement.

 

Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or other provisions of this Agreement.

No Assignment. This Agreement shall be binding upon the parties, respective affiliates, heirs, executors, administrators, assigns, agents and representatives, but shall not be capable of assignment without the prior written consent of ACT.

Applicable Law. This Agreement shall be deemed a contract made under the laws of the State of Texas and together with the rights and obligations of the parties hereunder, shall be construed under and governed by the laws of such state, without giving effect to its conflict of laws principles.

IN NO EVENT WILL ANY ALLY BE LIABLE TO ANOTHER ALLY OR ACT, OR ACT TO ANY MEMBER, FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT

(INCLUDING NEGLIGENCE), EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PARTICIPATION IN ANNUAL CRIME PREVENTION SURVEY DOES NOT INDICATE THAT AN ALLY IS IN COMPLIANCE WITH ALL STATE AND CITY CODES, ORDINANCES, AND/OR LAWS.

PARTICIPATION IN AN ANNUAL CRIME PREVENTION SURVEY DOES NOT WARRANT THAT ALLY IS FREE OF POTENTIAL DANGERS OR THREATS.

Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and discussions relating to the subject matter hereof.

 

 

By providing your name, date and selecting the “submit” button, you agree your electronic signature is the legal equivalent of your manual signature.