BY EXECUTING THIS AGREEMENT, IN EXCHANGE FOR THE USE OF THE ABOVE-LISTED MERCHANDISE, I HEREBY AGREE TO THE  FOLLOWING TERMS AND CONDITIONS: 

1. The minimum rental period for this Agreement is N/A months. I may return the said merchandise any time thereafter, provided my account  is current, and this Agreement will, at that time, terminate. Any deposit I have paid as security will be returned to me within ten (10) business days from the  date of return, less any and all charges for repairs, delinquent rent, or late fees due. In the event that I do not return the merchandise at the end of the minimum  rental period, this Agreement shall automatically renew each month until such time as I return such merchandise. 

2. I understand this is a RENTAL AGREEMENT ONLY (Initial________). Full title and ownership of the said merchandise will remain the  property of Fink’s Music and its agent(s) unless/until I provide notification that (1) I wish to purchase the said merchandise, (2) any agreed-upon rental credit is  applied toward its value, and (3) I have paid off, in full, any outstanding balance of the purchase price. 

3. LIABILITY DAMAGE WAIVER (LDW) (optional but recommended). If you choose this option by paying the LDW fee and are not in  default of this Agreement, you will not be liable for loss of or damage to the instrument due to theft or fire. For theft, you must furnish us with a Police Report  showing forced entry within 72 hours of the loss. The LDW does not cover mysterious disappearance from the school band or orchestra room or lockers, or by  any circumstances in which breaking and entering is not a factor. We will not replace the instrument, and payments made prior to the date of loss or damage  are not refundable or transferable. If you claim a loss under the LDW you agree that we are subrogated to all of your rights, claims, and remedies due to the  loss of the instrument including but in no way limited to your rights or any recoveries under any insurance policies. 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 LDW does not include damage to finishes,  cosmetic damage to cases, case feet, string breakage (after the first 14 days of rental), speakers, reeds, drum sticks and mallets, heads, bow hair, rosin, brass  and woodwind mouthpiece loss, neck straps, ligature loss and caps. Mouthpiece and ligature, included with instrument at time of rental, is covered upon  presentation of the broken part. ALL REPAIRS MUST BE DONE BY A COMPANY-APPROVED TECHNICIAN.  

You can choose the LDW when this Agreement is initiated. You cannot add it later. The LDW may not be available on all types of instruments. The LDW is  void if payments are past due. 

(Initial________). 

4. Any money I have paid as rent will not be refunded. I further understand and agree that rental fees are not prorated for less than the  monthly rental amount. A 5% late fee may be charged if I am in default of my rental payment. My payment is in default where Fink’s Music is unable to  authorize the payment within 5 days of its due date. After three (3) instances of late payment within a six (6) month period, Fink’s Music will consider this  Agreement void, demand return of the said merchandise, and collect payment for any and all repairs, delinquent rents, and/or late fees due. I agree to pay any  and all collection charges that become necessary in connection with this Agreement, including attorney’s fees, recovery fees, and/or other necessary charges,  should I default on my rental payments set forth in this Agreement and/or its provisions. I understand, if the said merchandise is not returned immediately after  cancellation of this Agreement, it may be reported to law enforcement as having been stolen (Initial________). 

5. I agree not to sell, sublet, mortgage, pawn, pledge, or otherwise dispose of the said merchandise and I further agree to notify Fink’s Music  immediately when/if I have any change of address, phone number, and/or credit card information. 

6. 3 MONTHS’ RENT (Initial________), plus my deposit of $___________ may be applied to the purchase of the merchandise as a down  payment, provided my account is current at the time of desired purchase. The purchase price of the merchandise is $_________ PLUS SALES TAX. The  credit listed in this provision is the maximum amount of credit that can be obtained, regardless of the length of the rental and regardless of whether it is on a  month-to-month status as contemplated in paragraph one (1) above. THIS IS NOT A RENT TO OWN CONTRACT. 

7. I understand that the loss/damage provisions of this Agreement are as follows: 

Damage/Loss: In the event that the merchandise is damaged for any reason and said damage is unilaterally deemed by Fink’s Music to be repairable, I agree to  pay any and all costs required to repair said damage. I additionally agree to pay, to Fink’s Music, 10% of the merchandise original value at the time of rental for  each occurrence of damage, for diminution in value due to said damage. In the event the merchandise is damaged for any reason and said damage is unilaterally  deemed by Fink’s Music to be irreparable, I agree to pay, to Fink’s Music, 100% of the merchandise original value, less the rents and deposit (but not less the  rental tax) denoted in aforementioned paragraph five (5). I understand and agree that I must immediately notify Fink’s Music of any damage or loss of the said  merchandise. In the event I do not so notify Fink’s Music of any said damage or loss, I understand I may waive my otherwise right under this Agreement to  have the aforementioned rents and deposit amounts applied to offset the original value of the instrument. 

Maintenance: Although I understand and agree that I am expected to perform normal daily cleaning and care-taking functions required for the continued  proper use of the merchandise, I understand and agree that, because the merchandise remains the property of Fink’s Music, I will not cause or allow any other  instrument store or professional to perform any maintenance on the said merchandise, such maintenance being the type of maintenance that would ordinarily be  performed by an instrument store or professional (including but not limited to cork or pad replacement, tuning slide or mouthpiece freeing, key adjustment and  alignment, etc.). I understand and agree that any such maintenance on the merchandise MUST be performed by Fink’s Music. The cost of any such  maintenance is NOT included in this Agreement and I understand and agree those costs, calculated according to the standard rates charged by Fink’s Music at  the time of the said maintenance. Any such costs for said maintenance are due at the time of maintenance and are in addition to any costs contemplated under  the terms and conditions of this Agreement. 

8. Miscellaneous supplies such as reeds, straps, strings, lubricants, books, etc. are NOT included with this rental. 

9. I understand and agree that I will not receive regular billing statements from Fink’s Music, this Agreement being intended as the entire  Agreement between the parties as to said billing. I additionally understand and agree there will there be no refund of any rental payments, it being my  responsibility to notify Fink’s Music, immediately, of any issue or problem with the merchandise, which issue or problem might otherwise be the source of a  requested refund. 

10. I specifically authorize Fink’s Music to, each month during the rental period, charge my credit card on file for the monthly rental fee. I  understand and agree that I can cancel this authorization at any time by notifying Fink’s Music and by placing a new card on file.  (Initial________). 

11. If Fink’s Music determines that it is necessary, I agree to allow Fink’s Music to obtain a personal credit report at any time during the period  of time covered by this Agreement. Fink’s Music agrees to notify you before obtaining said credit report and to, if at all possible, seek your approval at that  time. I agree to allow Fink’s Music, and/or agents on its behalf, including debt collectors, to contact me via telephone, text message, and/or email, directly or  by using a dialer, automatic telephone dialing system, interactive voice recognition system, and/or artificial or prerecorded voice or message, at any number or  email you have provided to Fink’s Music or that is on file with Fink’s Music, even if you are charged for the call, text, or email, it being my intention to  expressly agree to being contacted via such methods and mediums. 

12. I understand I may be able to exchange rented merchandise for a larger size as the regular user of the said merchandise grows. If I exchange  instruments without executing a new Agreement, I understand and agree that the terms of this Agreement will apply to any new merchandise and/or any  exchange. In the event Fink’s Music is unable to provide a larger size, the parties agree this Agreement will terminate without liability to either party. 

13. I understand and agree that this Agreement shall be construed and governed in accordance with the laws of the State of Alabama and the  parties agree that Lauderdale County, Alabama shall be the appropriate venue for any court proceeding arising from or out of this Agreement.