Terms and Conditions for CFSD R2R

Terms and Conditions

A. The listed and signed party on this agreement will hereinafter be known as the “lessee.”
B. Instrumental Music Center, LLC, which will maintain ownership of the rental property, will hereinafter be known as the “lessor.”
C. The rental property described will hereinafter be known as the “instrument.”
D. The total monthly payment described above will hereinafter be known as the “rental fee.”
E. Payments that the lessee is responsible for and will not be paid for by CFSD will hereinafter be known as “lessee-responsible fees.”

1. The “instrument” is defined as all parts of the instrument body and functional accessories, including mouthpiece, ligature, bow, original case, mallets, stand, etc.
2. Rental fees paid are not refundable.
3. The total liability does not exceed fair market value of the instrument rented.
4. The lessee retains the right to terminate this agreement at any time by returning the instrument to the lessor. However, liability for past due lessee-responsible fees will survive the termination of this agreement.
5. The lessee will be responsible for the instrument, including loss or damage, until returned, postpaid to the lessor or its agent.
6. Sales tax must be added to all prices and payments shown with this agreement, excluding TDR. There is no tax on TDR coverage. Sales tax is based on published rates current to the date of this agreement and subject to change without notice.
7. The lessee is responsible for the total cash value of the instrument if it is lost, stolen, or destroyed.
8. The lessee is responsible for any repair costs to bring the instrument back to the condition in which it was delivered to the lessee, up to and surviving the termination of this agreement.
9. The lessor guarantees that the instrument is in playable condition when delivered to the lessee.
10. The lessor will continue to hold a lien on the instrument until it is returned.
11. The lessee will be enrolled in automatic billing (AutoPay). In the event the card on file is declined, this does not change the monthly liability of the lessee per this agreement.
12. Upon completion of the initial period of this agreement, 8-1-2024 to 5-31-2025, the lessee will be responsible for all rental fees and will be charged via the card on file.
13. In the event the lessee moves their student to another school district other than CFSD, or if the student is no longer enrolled in a district elementary or middle school music program, the lessee will be immediately responsible for all rental fees.
14. The lessor does not rent out of state. If the lessee relocates to another state without returning the instrument, the total cash value of the instrument will be charged to the card on file.
15. A minimum late fee of $7.50 per month will be assessed to any lessee-responsible fees that are delinquent by more than 10 days.
16. Title and Right of Possession of the instrument shall remain with the lessor.
17. In the event that the lessee-responsible fees become past due by 60 days or more, the lessor will consider the lessee in default of the agreement and the instrument must be returned. The total cash value of the instrument on the agreement will become due and payable on demand, in addition to all charges associated with collection, prosecution, and the lessor’s legal fees. When the instrument is returned, a credit (to be determined by the lessor) will be issued toward this balance due.
18. The lessee is not authorized to keep the rental instrument by filing for bankruptcy or stopping payments. The lessee must return the instrument to the lessor if the account goes into default (over 60 days past due).
19. An account in default will be turned over to the lessor’s collections department and the lessee’s credit record will be adversely affected.
20. The instrument must strictly be used for an elementary or middle school music program in the Catalina Foothills School District #16, and as the student’s only instrument for the program.
21. Additional instrument(s) may be leased only if the student is participating in more than one music program and requires a different instrument.
22. For students who are excessively absent from class per CFSD Policy IKEA, the lessee will be responsible for all rental fees if the instrument is not returned within one week of parent or guardian contact by the school district.

Rental Payments
1. Rental payments are the amount of rent (principal) paid toward an account monthly. These do not include tax, TDR, or late fees.
2. The lessee may not use rental payments toward the purchase of instruments or accessories. Signing of this agreement certifies an understanding of this policy.
3. Rental payments have no inherent value. They may not be traded, bartered, exchanged, or used by another person. This agreement does not establish a savings account.

Customer Options
1. The lessee may return the instrument at any time.

TDR (Theft-Damage-Repair) Coverage
The lessor, for the monthly charge shown, will protect the lessee against loss or damage to the instrument, subject to the following terms and conditions:

1. An instrument totally destroyed by fire or other accident occurring not through the fault of the lessee will be replaced by the lessor, without charge, with an instrument of similar or equal brand, age, and condition as determined by the lessor. The lessor will require reasonable proof of any such loss or destruction.
2. The lessor will replace a stolen instrument provided that the theft is reported to law enforcement authorities within 24 hours of the incident and a police report is provided to the lessor. Instrumental Music Center, which maintains ownership of the rental property, must be listed as the “victim” in any police report related to the instrument.
3. This coverage does not extend to loss of the instrument owing to carelessness or misplacement. In case the instrument is merely misplaced or lost, the lessee shall be liable to the lessor for the total cash value of the instrument.
4. Additionally, the instrument is not covered against negligence or vandalism. If negligence or vandalism is suspected, the lessee will be dropped from the TDR program and will be responsible for all damage done to the instrument, including costs associated with repair or replacement.
5. If the instrument becomes damaged (i.e. crushed, bent) by means other than negligence or vandalism, the lessor will repair and regulate it to proper playing condition without charge. In some cases, the lessor may instead opt to provide the lessee with an instrument of similar or equal brand, age, and condition as determined by the lessor.
6. This coverage does not extend to deterioration of appearance, which does not affect the performance of the instrument, such as scratches, minor dents, and finish wear.
7. Specifically excluded from coverage are consumables, including drum heads, drum sticks, strings, reeds, swabs, and lubricants; lost parts and special or custom equipment; routine instrument cleaning.
8. Any claim for repair or replacement hereunder shall not be construed to alter or diminish the terms of this rental agreement.
9. If the lessee-responsible fees are delinquent by more than 10 days, the TDR coverage will lapse and the lessee will be responsible for any costs associated with loss or damage to the instrument. TDR may be reinstated only by permission of the lessor and only once payments are made current.
10. All repairs and replacements, for which claims are made under this coverage, must be made by the lessor. No others will be honored.

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