Sound Town Rental Agreement

Updated: January 1, 2021

Rental Terms and Conditions: In exchange for the rental of the “Rental Items” as shown on your receipt, you agree to these Sound Town, Inc. Rental Terms and Conditions (the “Terms”). The “Rental Fee” shown on your receipt is due in full before you pick up the Rental Items. The “Rental Term” runs from when you accept the Rental Items until the “Rental Return Date” shown on your receipt, and in all cases must be less than four months. If you want to keep using the Rental Items beyond the Rental Return Date, you must come back into the store and sign another rental ticket. You cannot extend the Rental Term over the phone, via email, text or any other way except by signing another rental ticket in the store. You agree to return the Rental Items in the same condition as when you pick them up, normal wear and tear excluded. You are responsible for any loss or theft of the Rental Items between the time of pick up and the time of return. You are responsible for any damage or malfunction of the Rental Items during the Rental Term unless you choose our optional Liability Damage Waiver, shown on the receipt as “Rental LDW.” You cannot sublease or loan the Rental Items to anyone.

There is no Ownership Option and no Refunds

Late Fees: If you return the Rental Items after the Rental Return Date, you agree to pay additional rental fees for each full or partial day at the “Daily Rate for Late Rentals” as shown on your receipt.

Unreturned or Damaged Rental Items: In addition to paying Rental Fees and additional rental fees, you agree to pay the replacement value (shown as “EXT.AMT” or “Value” on your receipt) of Rental Items that are not returned within two days after the Rental Return Date or that are returned in a damaged, incomplete or inoperable condition.

Security Deposit: In addition to a credit card authorization, you agree to allow us to charge and hold a security deposit for the Rental Items, shown on your receipt as the “Rental Deposit.” This charge is security against loss or damage of the Rental Items or non-payment of any fees. We will return the Rental Deposit, less any amounts you owe us, within three days after the Rental Items have been returned to us.

Unpaid Sums and Remedies: You agree that we may charge your credit card and the Rental Deposit for any unpaid sums you incur under the Terms. If you do not pay all amounts you owe us, we shall have all legal and equitable rights and remedies to collect all amounts due to us and to recover the Rental Items. These rights and remedies may include some or all of the following: $50 repossession fee, a 20% third party debt collection fee, the Daily Rate for Late Rentals, plus a $15 third party administrative collection fee if we turn your account over to a debt collection agency. You also agree to pay for all costs of recovery for repossession and collection of damages for unpaid sums, including attorneys’ fees, court costs and other expenses we incur to collect amounts due us or to recover the Rental Items, as permitted by law

Authorization: You authorize us to charge your credit card for any unpaid sums, whether or not you are present when we charge the card.

No Liability; Limitation of Liability; Indemnity: We are not responsible for, and accept no liability for, injuries, faulty performance of, or failure of the Rental Items to perform as desired. We are not responsible for training you to properly use the Rental Items. You agree to accept the Rental Items “as-is” and with no warranties of any kind. You agree that we are not responsible for any losses or damage, including consequential, incidental, direct and the like, even if we have reason to know of the likelihood of such damages. In any event and under all circumstances, our maximum liability to you under the Terms is for the Rental Fee. It is your responsibility to check the Rental Items for suitable condition and operability prior to leaving the store. You assume the risks of and agree to hold us harmless from all property damage and personal injuries caused by the Rental Items, where permitted by law.

Liability Damage Waiver (“Rental LDW”): You are not required to purchase a liability damage waiver, but it is recommended. If you choose this option by paying the Rental LDW fee shown on your receipt and are not in default of these Terms, you will not be liable for loss of or damage to the Rental Items due to, fire, power surges and Acts of God (such as wind, hail, and flood). We will not replace the Rental Items and all payments made prior to the date of loss or damage are not refundable or transferable. If you claim a Rental LDW loss, you agree that we are subrogated to all of your rights under any insurance that applies. The Rental LDW covers certain repairs at no charge to you unless the damage is due to your willful act or negligence, in which case our standard repair rates apply. The Rental LDW does not include theft, maintenance (such as restrings, tuning and setups, tune ups, drum head replacement and tuning) or damage to finishes, cosmetic damage to cases, case feet and string breakage which occurs after 14 days following the rental pickup date. All repairs must be processed through a Sound Town, Inc. store. You can choose the Rental LDW at the time of the rental transaction and you cannot add it later. Rental LDW may not be available on all types of Rental Items.