Common use of SMOKING AND SUBSTANCE USE Clause in Contracts

SMOKING AND SUBSTANCE USE. Smoking is prohibited in Member’s unit (i.e. bedroom) and all common areas of the multi-unit residence. It is a violation for Member, or any other person subject to the control of the Member or present by invitation or permission of the Member, to engage in smoking in the Member’s unit or any common area of the multi-unit residence. This smoking prohibition is a material term of this contract and failure to abide by this covenant may result in membership termination and may be considered a breach of contract by Member according to Article 6. For purposes of this Article, the terms “smoke”, “unit”, “common area”, and “multi-unit residence” are as defined in the Berkeley Municipal Code, Chapter 12.70. The use of cannabis or any other substance by a person for whom using cannabis or any other substance is not a crime under California law shall not constitute smoking or a violation of BSC Policy in a unit of a multi-unit residence. Members may be found in violation of the BSC Substance Abuse Policy if found responsible by organizational authorities like the Conduct Committee and may face applicable consequences, up to and including membership termination, after an internal investigation conducted by designated organizational authorities like the Conduct Committee. BSC Substance Abuse Policy defines "substance abuse" as the following: a maladaptive pattern of substance use that has negative individual, unit, and community repercussions. At the individual level, the substance abuser may fail to meet work, home, or school responsibilities, may engage in behaviors that jeopardize their own safety or the safety of others, and may experience legal, social, or interpersonal problems. At the unit level, an individual may fail to complete workshifts or other unit obligations, may fail to meet reasonable roommate expectations, and may invite outsiders with undesirable conduct into the unit. At the community level, a substance abuser may engage in activities that adversely affect community and university relations, contribute to increased rates, or otherwise jeopardizes the BSC Mission statement. Unauthorized or unwelcome distribution of illicit substances to others is a violation of BSC policies and may constitute a violation of the law. Member is responsible for complying with California and federal law pertaining to substance use and accepts the risks associated with not acting in accordance with the law. Member agrees to indemnify and hold BSC, its agents and employees, harmless and in no way accountable for any damage or injury to oneself, or any other person, or for the loss, or damage to any personal property occurring on the premises or any part thereof, including common areas, as the result of smoking, substance use causing irreconcilable nuisance, or illicit substance distribution.

SMOKING AND SUBSTANCE USE. Smoking is prohibited in Member’s unit (i.e. bedroom) and all common areas of the multi-unit residence. It is a violation for Member, or any other person subject to the control of the Member or present by invitation or permission of the Member, to engage in smoking in the Member’s unit or any common area of the multi-unit residence. This smoking prohibition is a material term of this contract and failure to abide by this covenant may result in membership termination and may be considered a breach of contract by Member according to Article 68. For purposes of this Article, the terms “smoke”, “unit”, “common area”, and “multi-unit residence” are as defined in the Berkeley Municipal Code, Chapter 12.70. The use of cannabis or any other substance by a person for whom using cannabis or any other substance is not a crime under California law shall not constitute smoking or a violation of BSC Policy in a unit of a multi-unit residence. Members may be found in violation of the BSC Substance Abuse Policy if found responsible by organizational authorities like the Conduct Committee and may face applicable consequences, up to and including membership termination, after an internal investigation conducted by designated organizational authorities like the Conduct Committee. BSC Substance Abuse Policy defines "substance abuse" as the following: a maladaptive pattern of substance use that has negative individual, unit, and community repercussions. At the individual level, the substance abuser may fail to meet work, home, or school responsibilities, may engage in behaviors that jeopardize their own safety or the safety of others, and may experience legal, social, or interpersonal problems. At the unit level, an individual may fail to complete workshifts or other unit obligations, may fail to meet reasonable roommate expectations, and may invite outsiders with undesirable conduct into the unit. At the community level, a substance abuser may engage in activities that adversely affect community and university relations, contribute to increased rates, or otherwise jeopardizes the BSC Mission statement. Unauthorized or unwelcome distribution of illicit substances to others is a violation of BSC policies and may constitute a violation of the law. Member is responsible for complying with California and federal law pertaining to substance use and accepts the risks associated with not acting in accordance with the law. Member agrees to indemnify and hold BSC, its agents and employees, harmless and in no way accountable for any damage or injury to oneself, or any other person, or for the loss, or damage to any personal property occurring on the premises or any part thereof, including common areas, as the result of smoking, substance use causing irreconcilable nuisance, or illicit substance distribution.