Varcity Founders Council Commitment Agreement 

Campus Designation 

This Agreement pertains to the following Varcity campus: Varcity at Purdue.  

Agreement to Proceed 

By submitting your Commitment Fee, you are reserving priority placement within the Varcity Founders Council for the designated campus. Final selection, confirmation of all fees, and residence setup are subject to this Agreement. 

Commitment Fee, Refundability, and Application 

  • Partially Refundable: Your Commitment Fee is 75% refundable. If you decide not to move forward in selecting a residence and paying the residence setup fee, 75% of the Commitment Fee will be returned to you.

  • Applied to Setup Fee: If you proceed with selecting a residence, the Commitment Fee you have already paid will be applied directly toward the required setup fee to secure your chosen residence.

  • Transparency of Fees: The Final Fee Sheet will outline the residence setup fee, any optional services, and official or governmental fees applicable at the time of residence selection. 

Commitment Process; Cancellation; Changes 

  • Right to Cancel: You may cancel your commitment at any time prior to selecting and securing a residence in the next phase. If you cancel during this period, you will receive a 75% refund of your Commitment Fee. 

  • Application of Fee: If you proceed with your residence selection, your Commitment Fee will be applied as a credit toward the required fees to progress.

Residence Availability & Delivery 

  • We will notify you when the next phase of Varcity commitment and the path to residence selection opens. You agree to schedule and confirm your residence within the designated timeframe.
    • If you are unable to complete the process within the specified period, your place in the selection process will be released to other applicants, and your Commitment Fee will be refunded.

Agreement to Arbitrate 

Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA). This means no judge or jury will decide the matter. You may instead take an individual dispute to small claims court if eligible. By signing, you waive any right to participate in a class or representative action. 

Limitation of Liability 

We are not liable for any incidental, special, or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement is a refund of your Commitment Fee. 

No Resellers; Discontinuation; Cancellation 

Varcity retirement villages are designed for personal residency. We may unilaterally cancel any commitment we believe was made for resale or in bad faith. If a campus or product is discontinued, we may cancel your commitment and refund 75% of your Commitment Fee. 

Governing Law; Integration; Assignment 

This Agreement is governed by the laws of the state in which the designated campus is located. Prior agreements, oral statements, or representations are superseded by this Agreement. Terms not expressly contained herein are not binding. We may assign this Agreement to one of our affiliated entities. 

State-Specific Provisions 

Indiana State-Specific Provisions 

  1. Effective July 1, 2024, Indiana House Enrolled Act 1068 requires that any agency services related to residence selection be governed by a written agreement.
     

  1. Indiana law requires full written disclosure of all fees and deposits, as well as known material defects of the property (see Indiana Code Title 32, Article 21).
     

  1. This Agreement is only enforceable once in writing and signed by all parties.

Acknowledgment & Acceptance 

By submitting your Commitment Fee payment, you acknowledge that you have read, understood, and agreed to the terms of this Agreement. This Agreement is effective as of the date your payment is processed