MIRBO Rental Agreement Terms & Conditions
This Instrument/Equipment Rental Agreement is made and effective by signing the MIRBO Rental Agreement by and between MIRBO and current user (“Renter”). By signing the agreement, the Renter agrees to be bound by this Rental Agreement and all the Terms and Conditions therein, whether or not Renter has read them. MIRBO may at its sole discretion modify this Rental Agreement and all the Terms and Conditions therein at any time. By signing this agreement, Renter indicates acceptance of the modified Terms and Conditions.
A security deposit equal to two months’ rent is required from the Renter. Prior to taking possession of the Instrument or Equipment, Renter shall provide a valid credit card as security for the performance by Renter of the terms under this Rental Agreement and for any damages caused by Renter or Renter’s agents to the Instrument or Equipment during the Rental Term. Renter agrees to pay full replacement cost of any Instrument or Equipment lost, stolen, damaged or destroyed, and MIRBO is hereby authorized to charge retail price of the Instrument or Equipment to Renter’s banking or credit card account, less any applicable Rent.
Payment shall only be accepted by credit card or EFT. If the Renter retains possession of the Instrument or Equipment after the end of the previous rental period, Renter’s credit card or bank account shall be automatically charged for additional rental periods until the Instrument or Equipment is returned to MIRBO. You authorize the automatic debiting of credit card shown on the front for recurring monthly or weekly payments under this Rental Agreement. The recurring billing date is established on the day that the client makes the Rental Agreement.
Credit Card Change
It is the Renter’s responsibility to notify MIRBO of any changes to the credit card information on file. If MIRBO is unable to charge the Renter’s credit card, then Renter shall be deemed in default, pursuant to the Terms & Conditions of the Rental Agreement.
Credit Report Authorization
Renter authorizes MIRBO to obtain a personal credit report. This Rental Agreement is subject to approval within 30 days. Renter authorizes MIRBO to contact spouse, student, and/or nearest relative regarding this Rental Agreement, if past due. If any security deposit has been paid, it will be returned to renter within thirty days less any deductions for excessive damage, missing items, past-due rent, and/or late fees.
If your payment is returned or your card declined, a late charge of $20 per month will apply ten (10) days past the payment due date, and future payments will be applied to any applicable late charges on the account before rental fees can be applied.
No Refunds for Early Returns
Accessory Replacement Costs & Maintenance
Depending on the Instrument or Equipment you are renting, upon return and inspection of the Instrument or Equipment, Renter shall be responsible for the accessory replacement costs & maintenance, reasonable wear and tear excepted. This includes, but is not limited to, replacement of bow hair, repair of cosmetic dents, and replacement of expendable accessories, e.g., guitar strings, tuners, straps, capos, mouthpieces, reeds, lubricants, strings, drumsticks and drumheads.
Applicable state and local taxes are in addition to all prices and rates shown in this Rental Agreement.
You agree to lease the Instrument or Equipment for the period chosen in Rental Period & Rate section found on page 1 of this Rental Agreement. You are not obligated to renew this Rental Agreement beyond the initial term. If you have not returned the instrument to MIRBO, 5 Old Post Road, Madison, CT by the expiration of the initial lease period, this lease automatically renews at the beginning of each rental period also chosen in Rental Period & Rate section found on page 1 of this Rental Agreement.
This Rental Agreement shall be renewed on the same terms and conditions if the Instrument or Equipment is not returned at the end of the existing term.
Change of Address
Renter must inform us of any changes in your contact information before the beginning of the next rental period.
Renter shall not move the Instrument or Equipment from the address shown in this Rental Agreement without MIRBO’s preapproved, written consent. Renter shall not sell, pawn, dispose of, or pledge the Instrument or Equipment, as security while this Rental Agreement is in effect. Note: Renter shall not leave the Instrument or Equipment in school if he or she wishes to cancel this Rental Agreement. Renter is liable for all payments and the total cost of Instrument or Equipment unless Renter has received a return receipt from MIRBO. Schools are not party to this Rental Agreement.
Condition of Instrument or Instrument or Equipment
All Rental Instruments have been inspected to ensure that they are in good playable condition. It is recommended the instrument is tested and inspected for damages at the time of pickup. The cost of any damages is the responsibility of the renter after the instrument is turned over to them.
The Owner shall make the Instrument available to the Customer for inspection on the Effective Date, and upon taking possession of the Instrument, the Customer shall acknowledge that the Instrument is in the condition described in the Instrument Statement of Condition (accompanying each instrument); provided, however, that if the Customer is not satisfied with the condition of the Instrument, then the Customer may, within two (2) days of the Effective Date, return the Instrument to the Owner in same condition in which it was upon taking possession, and in that case the Owner shall refund the rent to the Customer and this Rental Agreement will be terminated.
Use, Maintenance & Minor Repair
The Renter shall be responsible for maintaining the Instrument in good working condition during this Rental Agreement. Renter shall only use the Instrument or Equipment in a careful and proper manner and only for its intended purpose.
All repairs must be done by a company-approved technician. Failure to use a company approved technician will hold you liable for full instrument replacement cost. Renter must get prior, written approval to use non-company-approved technician.
There will be a $25.00 minimum repair charge if the instrument is turned in a damaged condition or otherwise needs repairs. Damage, repairs, and missing parts will be charged to the credit card on file. Renter agrees to pay full written value of instrument if it is rendered un-rentable as determined by MIRBO upon its return.
Hygienic Condition of Rental Equipment for Wind Instruments
Renter agrees not to hold MIRBO and/or Agent responsible for the hygienic condition of rental Instrument or Equipment (including mouthpiece).
In the Event of Damage or Loss
Damage & Loss
Renter shall at all times be liable to MIRBO for the full replacement cost of the Instrument or Equipment leased hereunder. In the event of loss or damage to the Instrument or Equipment, whether by fire, theft, burglary, fraud, mysterious disappearance, water, or casualty of any nature, Renter shall notify MIRBO within 5 days of said loss or damage. MIRBO is hereby authorized to charge Renter’s credit card for any such repair or replacement costs.
If instrument is stolen, notification of theft must be made to police and MIRBO within 72 hours of occurrence or coverage will be void and customer will be responsible for all costs. A police report is required.
If You do not renew this Rental Agreement or if You breach this Rental Agreement, MIRBO has the right to repossession of the Property. If this happens, You agree to return the Property to MIRBO at 5-B Old Post Road, Madison, Connecticut or make arrangements for MIRBO to take possession of it. You agree MIRBO may pick up the Property from your child’s school. You are responsible for any monthly rental payments, which accrue before MIRBO acquires possession. If you fail or refuse to comply with this requirement, You agree to pay MIRBO’s costs incurred in taking possession to include but not exclusive of court costs and attorney fees to the extent permitted under state law or as awarded under ~ 506(b) of the bankruptcy code.
Missing Instrument or Equipment
If someone steals the instrument or equipment from the Renter, the Renter still liable. Renter will be charged cost of instrument.
Default, Termination & Reinstatement
If MIRBO is unable to successfully charge the credit card on file, or you fail to make rental payment within 10 days of the due date, or if you fail to perform or fulfill any obligation under this Rental Agreement, all of which are material, you shall be in default of the Rental Agreement. If you default, after we give you any notice required by law, we will be entitled to all legal remedies, including, but not limited to, repossession of the instrument and our damages. You must pay us for all our reasonable costs of collection, including repossession and collection fees, plus any attorney’s fees and/or court costs. Upon default you will be liable for any amounts due us and must immediately return the instrument. If payment is not received after 30 days, you will be liable for the full replacement cost of the Instrument or Equipment. Return of the instrument as credit toward this obligation will no longer be accepted.
Failure to return rented Instrument or Equipment to MIRBO at their request in the event of default, may, under the laws of this state, constitute theft which is a felony punishable by fine or imprisonment.
If, after receiving notice of default from MIRBO, Renter cures the default within 10 days, Renter has the right to reinstate the original Instrument or Equipment Rental Agreement.
This Rental Agreement may be terminated by the Customer at the end of any rental term simply by returning the Instrument or Equipment in good working condition (reasonable wear and tear excepted) to MIRBO; and upon the return of the Instrument, any repairs that the MIRBO deems necessary to restore the Instrument to good working condition will be charged to the Customer.
The deposit shall be returned minus any necessary repairs and/or past due amounts owed on the account. This Rental Agreement will be canceled, provided all fees have been paid up to and including the date of return. No refund of rent money will be made if the instrument is returned, as all money received shall be considered rent until full payment is made.
No other party is permitted to accept the return of the Instrument or Equipment. The Instrument or Equipment must be returned to the hands of MIRBO.
Possession & Surrender of Instrument or Equipment
Renter shall be entitled to possession of the Instrument or Equipment on the first day of the Rental Term. At the expiration of the Rental Term, Renter shall surrender the Instrument or Equipment to MIRBO by delivering the Instrument or Equipment to MIRBO in good condition and working order, ordinary wear and tear excepted, as it was at the commencement of the Rental Agreement. Renter may surrender the Instrument or Equipment to MIRBO prior to the end of the Rental Term, however MIRBO’s acceptance of such surrender shall not entitle the Renter to any rental refund or credit.
Other Terms & Conditions
Not Liable for Malfunctions
MIRBO is not liable for Instrument or Equipment malfunctions or accidents or injuries caused by use of any Instrument or Equipment obtained through MIRBO. Renter is solely and fully responsible for the safe operation of any Instrument or Equipment obtained through MIRBO. Borrower understands Instrument or Equipment may malfunction and even properly maintained Instruments and Equipment and such may malfunction and cause injury or harm.
Title to Instrument
MIRBO retains full title and ownership of instrument you are leasing. You agree not to sell, sublease, mortgage, pawn, pledge, encumber, remove from the state, or otherwise dispose of this instrument. If you declare bankruptcy, we retain title, and the instrument must be returned to us immediately. This Rental Agreement and/or Instrument or Equipment is not transferable by Renter.
Violations & Disclosure of Information
Notice of MIRBO’s Right to Cancel
MIRBO reserves the right to cancel this Rental Agreement due to needing the Instrument or Equipment for it’s own purposes. Any prepaid rent would be refunded.
Renter consents to receive emails from us.
Entire Rental Agreement
This Rental Agreement constitutes the entire Rental Agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Rental Agreement. There are no other promises, conditions, understandings or other Rental Agreements, whether oral or written, relating to the subject matter of this Rental Agreement. This Rental Agreement may be modified in writing and must be signed by both MIRBO and Renter.
If it’s difficult to determine the amount of damages by Renter to MIRBO, then the Renter shall pay to MIRBO as liquidated damages $1,500.
Limitation of Liability
MIRBO shall not be liable for any injury or loss sustained by the Customer by the operation, handling, or transportation of the Instrument or Equipment during the rental term. This includes any loss of performance income. MIRBO is only required to refund Renter the rental fee.
Disclosure of Background Check/Consent
MIRBO may hire a third party to do a background check.
Updates to the Services and Terms of Service
It is the responsibility of the Renter to keep abreast of updates to MIRBO terms and conditions.
If any provision of this Rental Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Rental Agreement shall remain operative and binding on the Parties.
The covenants and conditions contained in the Rental Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
If you have any questions or concerns about the Service or these Terms of Service, please send us a thorough description by email to firstname.lastname@example.org.