BAND INSTRUMENT RENTAL TERMS AND CONDITIONS 

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This contract, effective as of the date stated, is between The Music Shoppe, Inc. (“Dealer") and the person listed on the reverse side ("Renter"). The Dealer will be responsible for delivering instrument and customer service needs as it pertains to this contract. Subject to the terms and conditions stated below, Dealer agrees to rent to Renter, the instrument identified on the reverse side, (along with any improvements, alterations or substitutions shall be referred to as “the Property"). 

Term of Rental. The term of the contract shall be for a minimum of one month, beginning as of the stated date and ending on the date the Property is either returned voluntarily or involuntarily to Dealer or purchased from Dealer as provided for herein. The down payment is non-refundable. 

Rent. Renter agrees to pay to Dealer as rent for the Property the monthly rental fee set forth on the reverse side of this page. Renter remains obligated to pay the monthly rental fee for every month that Renter continues to retain possession of the Property and has not returned the Property to Dealer. Renter agrees to bring the account current, including all assessed fees, upon the return of the Property to Dealer and acknowledges that Dealer is entitled to retain all payment previously made under this contract. 

Service Charges. If any monthly rental fee is not paid within ten days after its due date, a $5.00 late fee will be assessed against renter. In addition, there will be a $25 fee for any NSF checks, ACH transactions or denied credit card debits used as payment for this rental. 

Location of Property. Renter shall not permit the Property to be removed from his or her possession during the term of this contract, without the prior written consent of Dealer. Renter agrees to notify Dealer in writing within 10 days as to any change in the location of Renter and/or the location of the Property. 

Inspection and Care of Property. Renter acknowledges that the Property is in good condition and repair upon taking possession and accepts the Property in such good condition and repair. Renter agrees to use the Property in a careful and proper manner and to comply with Dealer's or the manufacturer's instructions relating to the possession, use, maintenance, repair, and operation of the Property. The Property shall be used only as a musical instrument and for no other purpose. 

Identification of Property. Renter agrees that they will make no alterations to or in the Property without obtaining prior written permission from Dealer. Any additions to and improvements to the Property of any kind shall immediately become Dealer's property and subject to the terms of this contract. 

Maintenance and Replacement Coverage (M&R). All repairs shall be performed by the Dealer. Renter shall at all times during the term of this contract keep the Property in good repair, condition and working order. M&R covers any adjustment, repair, or replacement of any part to put instrument in playing condition whether due to accidental breakage or normal use.  M&R does not cover loss or damage from ill usage, abuse, or neglect.  M&R covers replacement of instrument due to the following: burglary or theft, fire, lightning, flood and water, destruction, vandalism, smoke, wind and hurricane. For theft Renter must provide Dealer with a police report showing forced entry within 72 hours of the loss.  M&R does not include mouthpiece caps, reeds, swabs or any accessories. Renter agrees that NO REPAIR SHOP OTHER THAN DEALER MAY WORK ON THE ABOVE INSTRUMENT WITHOUT THE WRITTEN PERMISSION OF DEALER.  If Renter declines the optional Maintenance and Replacement Coverage, Renter will be liable for any and all damage incurred upon the instrument during the rental period and be responsible for any and all fees associated with repair of the instrument up to and including 100% of the full replacement value. Dealer and Renter agree that the Maintenance and Replacement Coverage will become void and of no effect if the rental account becomes past due.  In such a case, if the instrument is lost, stolen or damaged beyond repair the Renter will be liable for the amount of any damage incurred or, in the event of a total loss, 100% of the full replacement value of the instrument.

Dealer's Right of Inspection. Dealer shall at all reasonable times and places have the right to inspect the Property and observe its use. Renter shall immediately notify Dealer of any attachment or other judicial process affecting the Property. 

Return of Property. On the expiration or early termination of this contract, Renter shall return the Property to Dealer in good repair, ordinary wear and tear resulting from proper use alone excepted, to Dealer's place of business. The Renter must pay for any damage beyond normal wear and tear as deemed by the Dealer. Such conditions for the return of the Property are subject to Renter's option to purchase the Property as set forth below. 

Renter's Option to Purchase Property. Dealer grants to Renter the option to purchase the Property, provided that Renter notifies Dealer of his or her intention to purchase and provided further that Renter completely performs all of the terms and conditions of this contract on Renter's part to be performed, including full payment of the rental payments. Should Renter exercise the option to purchase, the principal portion of the rental payments paid shall be applied to the purchase price of the Property. On receipt of the balance of the purchase price by Dealer, together with applicable unpaid taxes, Dealer will transfer ownership of the Property to Renter. The instrument will remain the property of Dealer and will not become the property of Renter until the full purchase price (including the total cash price, plus any service charges and late fees) has been paid. This option is available only if Renter selected the Rent-to-Own contract terms. 

Renter's Option to Rent Alternate Property. Renter shall have the right to rent an instrument other than the instrument listed on the reverse page, but only if the following conditions are met; a) Renter returns the instrument listed on the reverse page to Dealer in good condition; b) Renter's account with Dealer is current. 

Events Constituting Default. The following events shall constitute default under this agreement. 

(a) The nonpayment by Renter for a period of ten days of any sum required to be paid by Renter that is not cured within 15 days of the payment due date; 

(b) The nonperformance by Renter of any other term, covenant, or condition of this lease that is not cured within ten days after notice of nonperformance from Dealer; 

(c) Any affirmative act of insolvency by Renter, or the filing by Renter of any petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors; or 

(d) The subjection of any Renter's property to any levy seizure, assignment, application, or sale for or by any creditor or governmental agency. 

Dealer's Rights on Default. On the occurrence of any of the events of default described above, Dealer, without notice to or demand on Renter, may retake possession of the Property. Renter will remain responsible for any monies owed to Dealer including all costs and expenses, including collection costs, legal expenses, and attorneys' fees, incurred in connection with the recovery and repair of the Property. Dealer is entitled to pursue all legal remedies available to it to enforce the terms of this contract, including the pursuit of a collection action to collect any amount due under this contract. Renter will be responsible for all costs incurred by Dealer, including collection costs, legal expenses, and attorneys' fees, to enforce the terms of this contract against Renter. 

Rights of Reinstatement. If Renter fails to make a monthly rental fee when due, Renter may reinstate this contract without losing any rights or options previously acquired if he or she brings his or her account current within 15 days of the payment due date. If Renter voluntarily returns the Property to Dealer during the applicable 15-day reinstatement period, the right to reinstate this contract shall be extended for a period of 30 days following the date of return of the property. Upon reinstatement, Dealer shall provide Renter with the same instrument or a substitute instrument of comparable quality and condition. If monthly rental payments are over 10 days late for three consecutive months or run over 30 days late at any time, Renter must return the property to Dealer, and all rental fees will be forfeited unless the balance of payments and any late fees are paid in full. 

Ownership of Property. The Property is the sole property of Dealer, and Renter shall have no right, title or interest in the Property except as expressly set forth in this contract. 

Assignment. Without the prior written consent of Dealer, Renter shall not; (a) Assign, transfer, or pledge this rental/purchase contract or any interest in the Property; (b) Sublet or lend the Property; (c) Permit the Property to be used by anyone other than Renter; or (d) Resell the Property before any option to purchase has been completed. Dealer may assign or transfer this contract, the instrument or its rights to receive payments under this contract at any time without notice to or approval from Renter. 

Email Opt-in: By supplying Dealer with your email address, you have agreed to receive promotional messages, helpful instrumental tips, valuable coupons and other communication via email from Dealer.  Your information is kept confidential; Dealer will not sell or share this information.  You may opt out of the marketing communication at any time by contacting Dealer in writing with your request.

Notices. Any communications to be given or made between Dealer and Renter regarding payments and notices provided for in this agreement shall be given or made by mailing, emailing, calling, or texting to Dealer at its principal place of business and to Renter at the physical address, email address, or cell phone number printed on the reverse side or to such other addresses as either party may indicate in writing. 

Limitation of Warranties. Renter acknowledges that the Property is of a size, design, capacity and manufacture selected by Renter. Dealer is not a manufacturer of the Property and has not made and does not make any representation, warranty, or covenant, express or implied with respect to the condition, quality, durability, suitability, or merchantability of the Property. Dealer will take any reasonable steps to make available to Renter any manufacturer's or similar warranty applicable to the Property. Dealer shall not be liable to Renter for any liability, loss or damage caused or alleged to be caused directly or indirectly by the Property, by any inadequacy of, or defect in, the Property or by any incident in connection with the Property. 

General Representations. Renter warrants and represents that he or she is over 25 years of age and has the capacity to enter into this contract and that the information stated on the reverse page is true and correct. Renter further represents that he or she has read and agrees to the conditions stated in this contract. 

ORCHESTRA INSTRUMENT RENTAL TERMS & CONDITIONS

This contract, effective as of the date stated, is between The Music Shoppe, Inc. (“Dealer") and the person listed on the reverse side ("Renter"). The Dealer will be responsible for delivering instrument and customer service needs as it pertains to this contract. Subject to the terms and conditions stated below, Dealer agrees to rent to Renter, the instrument identified on the reverse side, (along with any improvements, alterations or substitutions shall be referred to as “the Property"). 

Term of Rental. The term of the contract shall be for a minimum of one month, beginning as of the stated date and ending on the date the Property is either returned voluntarily or involuntarily to Dealer or purchased from Dealer as provided for herein. The down payment is non-refundable. 

Rent. Renter agrees to pay to Dealer as rent for the Property the monthly rental fee set forth on the reverse side of this page. Renter remains obligated to pay the monthly rental fee for every month that Renter continues to retain possession of the Property and has not returned the Property to Dealer. Renter agrees to bring the account current, including all assessed fees, upon the return of the Property to Dealer and acknowledges that Dealer is entitled to retain all payment previously made under this contract. 

Service Charges. If any monthly rental fee is not paid within ten days after its due date, a $5.00 late fee will be assessed against Renter. In addition, there will be a $25 fee for any NSF checks, ACH transactions or denied credit card debits used as payment for this rental. 

Location of Property. Renter shall not permit the Property to be removed from his or her possession during the term of this contract, without the prior written consent of Dealer. Renter agrees to notify Dealer in writing within 10 days as to any change in the location of Renter and/or the location of the Property. 

Inspection and Care of Property. Renter acknowledges that the Property is in good condition and repair upon taking possession and accepts the Property in such good condition and repair. Renter agrees to use the Property in a careful and proper manner and to comply with Dealer's or the manufacturer's instructions relating to the possession, use, maintenance, repair, and operation of the Property. The Property shall be used only as a musical instrument and for no other purpose. 

Identification of Property. Renter agrees that they will make no alterations to or in the Property without obtaining prior written permission from Dealer. Any additions to and improvements to the Property of any kind shall immediately become Dealer's property and subject to the terms of this contract. 

Maintenance and Replacement Coverage (M&R). All repairs shall be performed by the Dealer. Renter shall at all times during the term of this contract keep the Property in good repair, condition and working order. M&R covers any adjustment, repair, or replacement of any part to put instrument in playing condition whether due to accidental breakage or normal use.  M&R does not cover loss or damage from ill usage, abuse, or neglect.  M&R covers replacement of instrument due to the following: burglary or theft, fire, lightning, flood and water, destruction, vandalism, smoke, wind and hurricane. For theft Renter must provide Dealer with a police report showing forced entry within 72 hours of the loss.  M&R does not include rosin, shoulder rest, or  any accessories. Renter agrees that NO REPAIR SHOP OTHER THAN DEALER MAY WORK ON THE ABOVE INSTRUMENT WITHOUT THE WRITTEN PERMISSION OF DEALER.  If Renter declines the optional Maintenance and Replacement Coverage, Renter will be liable for any and all damage incurred upon the instrument during the rental period and be responsible for any and all fees associated with repair of the instrument up to and including 100% of the full replacement value. Dealer and Renter agree that the Maintenance and Replacement Coverage will become void and of no effect if the rental account becomes past due.  In such a case, if the instrument is lost, stolen or damaged beyond repair the Renter will be liable for the amount of any damage incurred or, in the event of a total loss, 100% of the full replacement value of the instrument.

Dealer's Right of Inspection. Dealer shall at all reasonable times and places have the right to inspect the Property and observe its use. Renter shall immediately notify Dealer of any attachment or other judicial process affecting the Property. 

Return of Property. On the expiration or early termination of this contract, Renter shall return the Property to Dealer in good repair, ordinary wear and tear resulting from proper use alone excepted, to Dealer's place of business. The Renter must pay for any damage beyond normal wear and tear as deemed by the Dealer. 

Renter's Option to Purchase Property. Rental payments do not apply to purchase of the student model instrument rented by Renter.  However, at any time while this agreement is in effect, Renter may apply up to three years of continuous rental fees to the outright purchase or Rent-To-Own agreement of an intermediate- or professional-level, full-size violin, viola, cello, or string bass from The Music Shoppe’s inventory. 

Renter's Option to Rent Alternate Property. Renter shall have the right to rent an instrument other than the instrument listed on the reverse page, but only if the following conditions are met; a) Renter returns the instrument listed on the reverse page to Dealer in good condition; b) Renter's account with Dealer is current

Events Constituting Default. The following events shall constitute default under this agreement. 

(a) The nonpayment by Renter for a period of ten days of any sum required to be paid by Renter that is not cured within 15 days of the payment due date; 

(b) The nonperformance by Renter of any other term, covenant, or condition of this lease that is not cured within ten days after notice of nonperformance from Dealer; 

(c) Any affirmative act of insolvency by Renter, or the filing by Renter of any petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors; or 

(d) The subjection of any Renter's property to any levy seizure, assignment, application, or sale for or by any creditor or governmental agency. 

Dealer's Rights on Default. On the occurrence of any of the events of default described above, Dealer, without notice to or demand on Renter, may retake possession of the Property. Renter will remain responsible for any monies owed to Dealer including all costs and expenses, including collection costs, legal expenses, and attorneys' fees, incurred in connection with the recovery and repair of the Property. Dealer is entitled to pursue all legal remedies available to it to enforce the terms of this contract, including the pursuit of a collection action to collect any amount due under this contract. Renter will be responsible for all costs incurred by Dealer, including collection costs, legal expenses, and attorneys' fees, to enforce the terms of this contract against Renter. 

Rights of Reinstatement. If Renter fails to make a monthly rental fee when due, Renter may reinstate this contract without losing any rights or options previously acquired if he or she brings his or her account current within 15 days of the payment due date. If Renter voluntarily returns the Property to Dealer during the applicable 15-day reinstatement period, the right to reinstate this contract shall be extended for a period of 30 days following the date of return of the property. Upon reinstatement, Dealer shall provide Renter with the same instrument or a substitute instrument of comparable quality and condition. If monthly rental payments are over 10 days late for three consecutive months or run over 30 days late at any time, Renter must return the property to Dealer, and all rental fees will be forfeited unless the balance of payments and any late fees are paid in full. 

Ownership of Property. The Property is the sole property of Dealer, and Renter shall have no right, title or interest in the Property except as expressly set forth in this contract. 

Assignment. Without the prior written consent of Dealer, Renter shall not; (a) Assign, transfer, or pledge this rental/purchase contract or any interest in the Property; (b) Sublet or lend the Property; (c) Permit the Property to be used by anyone other than Renter; or (d) Resell the Property before any option to purchase has been completed. Dealer may assign or transfer this contract, the instrument or its rights to receive payments under this contract at any time without notice to or approval from Renter. 

Email Opt-in: By supplying Dealer with your email address, you have agreed to receive promotional messages, helpful instrumental tips, valuable coupons and other communication via email from Dealer.  Your information is kept confidential; Dealer will not sell or share this information.  You may opt out of the marketing communication at any time by contacting Dealer in writing with your request.

Notices. Any communications to be given or made between Dealer and Renter regarding payments and notices provided for in this agreement shall be given or made by mailing, emailing, calling, or texting to Dealer at its principal place of business and to Renter at the physical address, email address, or cell phone number printed on the reverse side or to such other addresses as either party may indicate in writing. 

Limitation of Warranties. Renter acknowledges that the Property is of a size, design, capacity and manufacture selected by Renter. Dealer is not a manufacturer of the Property and has not made and does not make any representation, warranty, or covenant, express or implied with respect to the condition, quality, durability, suitability, or merchantability of the Property. Dealer will take any reasonable steps to make available to Renter any manufacturer's or similar warranty applicable to the Property. Dealer shall not be liable to Renter for any liability, loss or damage caused or alleged to be caused directly or indirectly by the Property, by any inadequacy of, or defect in, the Property or by any incident in connection with the Property. 

General Representations. Renter warrants and represents that he or she is over 25 years of age and has the capacity to enter into this contract and that the information stated on the reverse page is true and correct. Renter further represents that he or she has read and agrees to the conditions stated in this contract.