Terms of Use
Last updated on September 01, 2021
AAA Band Rentals, LLC shall herein be referred to as Us, We or Agent and the customer shall herein be referred to as You or Renter.
1. YOUR RENTAL CONTRACT
Your rental period begins on the date your rental order is submitted and auto-renews every 1 month until you return it. You are not locked into a long term rental period longer than 1 month. Any period in which you have possession of the instrument lasting less than a month will be billed as a full month. Rental payments will not be prorated.
2. BILLING AND CHANGE OF ADDRESS
Accounts will be charged monthly on the same day of the month of your starting rental date, except in cases where the current month contains less days than the date of renewal —in which case, you will be billed on last day of the month or whatever day is closest to your actual renewal date. You must inform Us of any changes in your contact and/or billing information. A working, valid credit card MUST be kept on file throughout the entirety of your rental with Us. Rental payments are due in advance. Note: You are responsible for your monthly payments even if you do not receive a courtesy reminder.
3. E-MAIL OPT-IN
EMAIL IS OUR PRIMARY FORM OF COMMUNICATION WITH YOU. PLEASE DO NOT SEND OUR EMAILS TO SPAM! By supplying Us your email address, you have agreed to receive our sales promotions, marketing materials and billing information via email. Your information is always kept confidential. We do not share or sell your email address or any other personal/sensitive information with any 3rd party, with the exception of 3rd party debt recovery services or collection agencies, should you ever fall in arrears with your rental payments or otherwise be in default of this agreement (see section 14 below).
4. SMS OPT-IN
By supplying Us your mobile phone number, you have agreed to receive occasional SMS from Us for the purposes of responding to your inquiries, sending important time-sensitive notifications regarding your account, providing order status updates, and sending verification codes to verify your identity. We do not share or sell your phone number or any other personal/sensitive information with any 3rd party, with the exception of 3rd party debt recovery services or collection agencies, should you ever fall in arrears with your rental payments or otherwise be in default of this agreement (see section 14 below).
5. RENTAL ASSURANCE
For an additional monthly fee (not included in the base rental payment), we offer an OPTIONAL waiver of liability for you in case you damage your rental instrument. You will not be liable for the cost of your instrument, nor for any repair labor or deductibles. However, you WILL be liable for any replacement parts or accessories that came with your instrument that are no longer present. The only exception to this rule is with regard to strings belonging to stringed instruments such as Violins, Violas, Cellos, Acoustic Basses, and Guitars. BROKEN AND/OR MISSING STRINGS ARE NOT COVERED BY RENTAL ASSURANCE. Our staff may, at their own discretion, choose to forgive or waive the cost of replacement strings on a case-by-case basis as a courtesy for first-time offenses. Rental Assurance is valid as long as your account is current. Any lapses in payments may result in lapses of coverage. It is non-transferable, non-refundable and cannot be pro-rated. We reserve the right to terminate coverage under excessive loss conditions, or if no Rental Assurance payment has been made for over 30 days.
6. MAINTENANCE AND REPAIR
You are responsible for maintaining the instrument in good working condition during this Agreement. If you opted into the Rental Assurance (see previous section), we will repair the instrument at no charge if the instrument is damaged, although we WILL charge for replacement parts/accessories. Otherwise, there will be a $25.00 minimum repair charge if the instrument is returned with damages. Repairs and missing parts will be charged to the credit card on file. Renter agrees to pay full value of instrument if it is deemed un-rentable as determined by Us upon its return. All repairs must be done by a company-approved repair technician. Failure to use a company-approved technician may result in you being held liable for full replacement cost of your instrument. Renter agrees not to hold Us and/ or Agent responsible for the hygienic condition of rental equipment (including mouthpiece).
7. INSTRUMENT EXCHANGE
At any point throughout your rental period, you have the option of exchanging your instrument for another in case the student switches to a new instrument, needs a larger size, or experiences any problems with the original instrument. Any differences in rental fees will be applied to your monthly rental payment on your next payment due date. New instruments cannot be exchanged under any circumstances. Warranty claims will be covered under the original manufacturer’s warranty and not by AAA Band Rentals or its affiliates.
8. TERMINATION
You can terminate this Agreement at any time by returning the instrument to Us in the same condition as it was when it was rented, excluding normal wear & tear as determined by Us or our affiliates. All originally issued accessories such as mouthpieces, drum sticks, bows, etc., must be returned with the instrument, or you will be liable for their replacement cost. DO NOT ABANDON THE INSTRUMENT AT SCHOOL WITHOUT PROPER ADVANCE AUTHORIZATION FROM US AS THIS DOES NOT TERMINATE YOUR CONTRACT. Your school is not a party to this transaction.
9. NEW/USED INSTRUMENT PURCHASE
At any point during your rental agreement, you can choose to buy your rental instrument, or a different rental instrument. Just give us a call or send us an email and we'll be happy to provide you with a special purchase price. Alternatively, we also offer new instruments of student, intermediate, or professional-level quality for sale and can also special order specific models/brands for you. We do not offer returns or exchanges for instruments that you have purchased.
10. LOSS, THEFT, AND FIRE
Regardless of whether you opt-in to Rental Assurance (see section 5 above) YOU ARE LIABLE FOR THE FULL REPLACEMENT COST OF YOUR RENTAL INSTRUMENT SHOULD IT BE MISPLACED, STOLEN, OR LOST IN A FIRE. You are not absolved from mysterious disappearances from school classrooms, lockers, school buses or from any other similar circumstances. In the event of a fire, you may be able to claim the cost of the instrument from your homeowner's or renter's insurance, depending on your provider and level of coverage. Payments made prior to the date of loss or damage are not refundable or transferable.
11. TITLE TO THE INSTRUMENT
As long as your Rental Contract remains active, we retain full title and ownership of your rental instrument. You agree not to sell, sublease, mortgage, pawn or otherwise dispose of this instrument while renting. If you declare bankruptcy, we retain title and the instrument must be returned to Us immediately. You forfeit the right to keep the instrument if you are behind with your rental fees.
12. TAXES
Applicable state and local taxes are NOT included with any prices or rates shown in this agreement.
13. LATE FEES
Rental payments not received within 15 days of its due date are subject to a $10 late fee.
14. DEFAULT
Ugh… this is our least favorite section to talk about, but we must. If you fail to make a rental payment within 15 days of the due date, or if you fail to observe any other term in this Agreement, all of which are material, you will be in default of this agreement. If you default, after we give you any notice required by law, we will be entitled to all legal remedies, including repossession of the instrument and our damages. You must pay Us for all of our reasonable costs of collection, including repossession and collection fees, plus any attorney’s fees and/or court costs. Filing a bankruptcy does not absolve you from any liabilities of this rental contract. You authorize Us to take possession of this rental instrument through all legal means.
We reserve the right to make corrections that might be necessary due to mathematical error caused by our system, staff, or affiliates and their staff during the rental process. You are entitled to full accounting at any time and upon request. We reserve the right to change the terms and conditions of this month-to-month agreement at any time and with 30 days notice.