Rockin’ Robbie’s Inc. COMPLETE INSTRUMENT RENTAL AGREEMENT, TERMS & CONDITIONS
1. Terms of Rental (a) This is a rental agreement only and by signing the related rental order form (hereinafter, the "Order Form"), Lessee agrees to all terms and conditions in the Order Form and to those set forth in this online rental agreement (hereinafter, the "Agreement"). In the event of a conflict between the terms of this Agreement and the Order Form, the terms of the Order Form shall govern. (b) The property leased under this Agreement by Lessee shall be hereinafter referred to as the "Rented Property".
2. Duration of this Agreement (a) This Agreement shall commence upon receipt of the Rented Property by Lessee or Lessee's agents and continue until the Rented Property is returned to or picked up by Lessor.
3. Rental Is Not a Sale (a) This is a rental agreement only, and all right, title and property interest in the Rented Property remains at all times with Lessor. No part of the Rented Property that is leased pursuant to this Agreement shall be deemed the property of the Lessee, nor shall Lessee acquire any proprietary interest or security interest in the Rented Property by virtue of this Agreement or any oral representation. None of the Rented Property may be transferred, sold, leased, pawned, assigned, or pledged pursuant to this Agreement. (b) In the event the terms of this agreement are breached, (i) Rockin’ Robbie’s, Inc retains the right to repossess the Rented Property from any location such as the Lessee’s home, school, or public place. (ii) Lessee is liable to compensate Lessee for costs related to repossession.
4. Auto Payment (a) Lessees are required to maintain a valid credit card on file with the Lessor. This credit card will be billed each month for rental fees. (b) Participation in the auto-payment program is optional. Should the Lessee opt out of the auto-payment program and require the Lessor to manually enter rental payments, the Lessee will be assessed a monthly manual payment entry fee of 5% of the total monthly rental fee as indicated on the order form.
5. Equity Credits (a) For all rental payments made on-time by the Lessee, the Lessor offers 60% of that payment to be saved on the Lessee's account as an Equity Credit. On-time payments are payments made on the payment due date listed on the Order Form. The on-time status may extend up to a maximum of 48 hours beyond the payment due date as listed on the Order Form if extenuating circumstances can be proven, such as a bank record proving an attempt to pay on time. Leniency in this policy and what constitutes extenuating circumstances are at the discretion of the Lessor (b) Equity Credits are not transferable to cash or any other currency. Equity Credits apply toward the purchase of the specific Rented Property listed on the Order Form, (or one of the identical specifications) and are not transferable to any other products. In the event that the Rental Property is returned and the Equity Credits are not redeemed by the Lessee to purchase the Rental Property, all Equity Credits accrued will be voided. Lessor reserves the right to apply credits to any product, redeem, void, or otherwise modify Lesse's Equity Credits at the Lessor's discretion.
6. Lessee's Responsibility to Protect the Rented Property/Limitations on Use (a) Lessee shall, at all times after delivery and acceptance of the Rented Property maintain said Rented Property in good condition and will not permit any practice that will injure or damage the Rented Property in any manner whatsoever. (b) The Rented Property shall be used only by the Lessee, minors or others persons under the guardianship of the Lessee, employees, independent contractors, or any persons acting as an agent by permission expressed in writing of the lessee. (c) Lessee agrees to use Rented Property in accordance with the manufacturer's specifications and not to alter the Rented Property.
7. Receipt of Property in Good Condition (a) The receipt by Lessee of the Rented Property described on the Order Form shall constitute the acknowledgment that the Rented Property is in good, safe, serviceable condition, reasonable wear and tear excepted and fit for the use for which it has been rented. (b) Lessee agrees to notify Lessor, in writing, of all defects and impediments to intended use within 24 hours of receipt.
8. Lessee's Responsibility to Return Rented Property/Timeliness (a) Lessee is responsible for the safe and timely return of the Rented Property. All items must be returned in the same condition received. Should Lessee fail to return all Rented Property in the same condition received, Lessee agrees to reimburse Lessor for the repair of any item returned damaged or destroyed or replacement value of any item not returned, payment to be immediately due and payable. (b) It is the Lessee's responsibility to return all equipment, freight prepaid, to the Lessor's office of origin unless alternative arrangements have been made in writing and approved by Lessor. Lessee is responsible for any loss or damage to the Rented Property that occurs during return delivery to Lessor if made by any carrier other than Lessor. Lessee shall solely bear the cost of any insurance it purchases on the Rented Property in connection with its return delivery to Lessor. (c) Rented Property returned late, for any reason, shall continue to accrue rental charges at rates applicable under the Order Form.
9. Lessee's Responsibility to Maintain and Insure The Property a) The Lessor offers no insurance for The Property, the Lessee may purchase a private insurance policy of their choosing or add The Property to an existing policy; the instrument should be insured for the replacement value listed on the Order Form b) The Lessee is responsible for the maintenance of the instrument, this includes appropriate cleaning and care to keep the instrument in proper playing condition. The Lessee is responsible for repairs related to neglect and mishandling of The Property. The Lesse is responsible for replacement of pieces such as plastic, metal or brass fragments, screws, nuts, springs, tubes, corking, neck screws, cases, case handles and straps, case component mounting fixtures, case hinges and latches, mouthpieces, bows, ligatures, caps, or any other parts associated with instrument as listed on the Order Form or implied otherwise in the manufacturer's description. These costs may be automatically charged to the Lessee's credit card and an itemized invoice will be sent by to the Lesse by the Lessor.
10. Lessee's Responsibility to Repair or Replace The Property (a) The Lessee shall not attempt repair of the Rented Property nor shall they seek repair of the Rented Property by any other person or persons, including other instrument repair facilities. The only repair facility authorized to examine, assess, or appraise the Rented Property is East Bay Music, 1835 Colfax St, Concord CA 94520. (b) In the event of loss, destruction, mysterious disappearance of or damage to the Rented Property, or any part thereof, by any cause whatsoever, during the period of the Agreement, or while the Rented Property is in the possession or under the custody and/or control of Lessee, persons under the legal guardianship of the Lessee, Lessee's employees agents and/or representatives; Lessee shall be liable to Lessor for the full replacement value of the leased property if lost, destroyed, damaged, or stolen. Lessee will cooperate with Lessor in Lessor's efforts to recover under any insurance policy that may cover the loss of the Rented Property. (c) Should the Rented Property not be in serviceable condition upon return to Lessor, as ascertained by an inspection thereof by Lessor, Lessor will do all things necessary to place said Rented Property in serviceable condition, the rental term shall continue for such period during which the rental terms are extended but only for the actual loss sustained, such charges will not exceed the value of the equipment.(d) The cost of replacement or repair will be charged to the Lessee's credit card automatically and an itemized invoice will be sent by to the Lessee by the Lessor.
11. Equipment Security (a) As a condition to leasing the Rented Property, Lessee may be required to provide Lessor with a security deposit for the full replacement value of the Rented Property. A security deposit may, at Lessor's discretion, be given in the form of an authorization to charge Lessee's credit or debit card for the amount of the security deposit in the event the Rented Property is not returned, returned late or in disrepair. (b) In the event the Rented Property is not returned in good, safe, and serviceable condition, Lessor will be entitled to keep Lessee's security deposit and apply said deposit towards any fees imposed upon cancellation, late return fees, the cost of any repairs needed to the Rented Property and the replacement of the Rented Property if it is a total loss. (c) Lessor's recourse to Lessee's security deposit is not Lessor's exclusive remedy for Lessee's breach of this Agreement and, therefore, even if Lessor keeps Lessee's Security Deposit, Lessor shall remain entitled to pursue available legal or equitable remedy for any damages it suffers as a result of Lessee's breach of any provision of this Agreement. (d) Lessee may be required to provide proof of insurance covering the Rented Property naming Lessor as an additional insured and such policy shall be issued by a company licensed or authorized to do business in the State of California.
12. Termination Policy (a) Should the Lessee wish to terminate a rental, Rented Property must be returned to Rockin' Robbie's, Inc. by the payment due date listed on the Order Form. After the instrument is examined and deemed in original condition, the agreement and contract is terminated. This will be provided to the Lessee in written form. The Lessee is not entitled to refund of any advance rentals payments, deposits, prior month's rent, repair fees, late fees, collection fees, restocking fees, interest or any other fee incurred by the Lessee during the Rental Period as indicated on the Order Form. (b) Rental fees are for complete months and are not proratable, transferable or refundable. If the Rented Property is returned before the next payment is due, Lessee will not be prorated or refunded any rental fees or any other monies as listed in 9(a). Equity credits earned are not transferable to cover outstanding monies owed by the Lessee.
13. Lessee's Indemnification of Lessor (a) Lessee agrees to, and does hereby, defend, indemnify, and hold harmless Lessor against any and all loss, damage, expense and penalty, including costs, expenses, and reasonable attorneys' fees, arising from any and all causes of action on account of or in connection with: (i) any injury to person or property of any character whatsoever occasioned by the operation or handling of the Rented Property both during the rental period, and thereafter until the Rented Property is returned to the custody of Lessor; or (ii) the breakdown or failure of the Rented Property, and/or any part or parts thereof during the rental period term or thereafter until the Rented Property returns to the custody of Lessor, including, but not limited to, the costs or damages of musicians, vocalists, concert or event promoters, sponsors or investors, except to the extent caused by the gross negligence or willful misconduct of Lessor.
14. Limitation of Liability - Lessee agrees that, to the fullest extent permitted by law, Lessor, or its agents, officers, directors, employees, or shareholders ("Lessor's Agents") shall not be liable to Lessee for any special, indirect or consequential damages whatsoever, whether caused by Lessor, or Lessor's Agents', negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue. Lessee further agrees that, to the fullest extent permitted by law, the total liability of Lessor and Lessor's Agents, to Lessee, for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the rental of the property, from any cause or causes including but not limited to Lessor's, or Lessor's Agents', negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the amount Lessee has paid to rent the property.
15. Entire Agreement - This Agreement contains the entire agreement of the parties hereto concerning the subject matter contained herein and supersedes any other prior written, or oral, agreements between them. There are no representations, agreements, arrangements or understandings between the parties hereto concerning the subject matter of this Agreement, whether oral or written, which are not fully expressed or referenced in the Agreement.
16. Choice of Law - The parties agree, without regard to conflict of laws principles, that the Agreement shall be interpreted and governed by the laws of the State of California and that all claims and disputes arising from or concerning this Agreement shall be decided in accordance with the substantive law and statutes of the State of California.
17. Arbitration and Choice of Forum (a) Any dispute arising out of or relating to the Agreement, or the breach thereof, its interpretation or application, or any future issue between the parties, shall be resolved by final and binding arbitration before one arbitrator designated by the American Arbitration Association, pursuant to the then prevailing rules of the AAA for the resolution of commercial disputes. The arbitrator's decision shall be final and binding and subject to confirmation in any court of competent jurisdiction with the prevailing party being awarded reimbursement of the arbitration filing fees, the arbitrator's fees, any court filing fees and costs incurred in obtaining court confirmation, and any court filing fees and costs incurred in defending or pursuing any court appeals with respect to the arbitrator's decisions. The arbitrator shall determine the validity, enforceability, and scope of this arbitration provision and of this Agreement. (b) The parties irrevocably and unconditionally (i) agree that any judicial proceeding relating to such arbitration proceedings shall be brought in a court with subject matter jurisdiction (ii) consent to the exclusive jurisdiction of such a court in any such proceeding, and (iii) waive any objection to the laying of venue of any such proceeding in any such court. The parties also irrevocably and unconditionally consent to the service of any process, pleadings, notices or other papers in connection with any such judicial proceeding and submit to personal jurisdiction in such venue.
18. Rule of Construction - The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.
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1835 Colfax Street
Concord, CA 94520