In this Agreement, the customer is identified as “I”, “me”, or “my” and PORTMAN’S MUSIC, INC is identified as “you”, “yours” and “Portman’s Music”. You guarantee that the instrument described below will be delivered to my child in good playing condition.

1. Instrument information:

Down payment due today: $ + $ maintenance
Monthly payment: $ + $ maintenance.

2. Monthly rental payment initial period is from the date of delivery of Instrument until another payment is due.

3. RENTAL PAYMENTS: I agree to rent the Instrument, described above, for the monthly rental payment shown. If I decide to continue to rent the Instrument, I will pay another Rental Payment on or before my next due date, and on or before the same day of each successive month, for each month or part of a month until I return the Instrument to you. I understand that my use of the Instrument for any part of a month constitutes a full month’s use. I further agree to pay you an additional $5.00 as a late fee for each payment not received on or before its due date.

4. CREDIT TOWARD PURCHASE: I may apply up to 13 months of rental payments, that I have paid in a timely manner, toward the purchase of a like performance level Instrument during the term of this Agreement. Payments which are not made within five (5) days of their due date are not considered timely and will not be credited toward any future purchase. If the above student is not successful on this Instrument I may exchange it for a different Instrument at any time during the term of this Agreement. I understand that the Instrument rented to me hereunder is NOT FOR SALE, it is held strictly for rental purposes.

5. CREDIT AUTHORIZATION: I hereby authorize you to check my credit and employment history, and report my payment history to credit bureaus and to other grantors of credit. I hereby authorize you to charge any past due payments to any credit or debit card or checking account I present to you (or provide you with its number & expiration date) at any time during the term of this Agreement.

6. ENTIRE AGREEMENT: This written contract, which I have read including the provisions linked hereof, constitutes my entire Agreement with you. No oral statements or agreements will be valid or binding on me or you. This Agreement may not be changed or amended, nor may any provisions be waived except in writing signed by both you and me.

TO TERMINATE THIS CONTRACT, RETURN THE INSTRUMENT TO PORTMAN'S MUSIC AND GET A RECEIPT. THIS CONTRACT IS NOT CONSIDERED TERMINATED UNTIL THE INSTRUMENT IS IN THE POSSESSION OF PORTMAN'S MUSIC OR ONE OF IT'S AUTHORIZED AGENTS. THE SCHOOL AND THE BAND DIRECTOR ARE NOT AUTHORIZED AGENTS.

PAYMENTS: The "Total Monthly Rental Payment" or the "Total Monthly Lease Payment", whichever is applicable and as shown on the front of this Agreement, is hereinafter referred to simply as "Payment" and as "Payments" if more than one (1) is being referred to.

REINSTATEMENT: If I fail to make a Payment by its due date, I may reinstate my rights under this Agreement within three (3) months by paying the Payments that I have missed and a $5.00 Reinstatement Fee for each missed Payment, I must also return the Instrument for inspection if you request that I do so.

CHANGES IN THIS AGREEMENT : I understand and agree that, if your home office identifies errors in this Agreement that affect the Payments that I owe you or the date my Payment is due, then you will notify me of the changes and I will be bound by them, unless I return the Instrument to you within 15 days after you notify me of the changes. When you receive the Instrument back from me, provided it is in like condition as when received, this Agreement will be terminated, and we will not have any further obligation to each other. I will inform you of any changes in my address, phone number and/or any other contact information within ten ( 10) days after these changes occur. Please call us at 800-241-0101 with changes.

AUTO PAY: I have elected to use your AutoPay program, and I authorize you to automatically collect the amount of each Payment by charging the Payment to the credit or debit card that I have provided to you, or by deducting the Payment from the checking account that I have identified to you. I agree to notify you if my credit, debit or checking account information changes.
I understand that my account will be debited on the 1st or 15th each month, depending on my due date. If the 1st or the 15th falls on a Saturday, Sunday or Holiday, my payment will be processed on the next business day. I will promptly notify you of any erroneous or incorrect charges. If I wish to deactivate this payment option, I will call or write you. I understand that you
require at least (15) business days' notice before my due date to process the deactivation of the next Payment. If I deactivate AutoPay, my account will be billed a monthly account management fee of $3 for the duration of the account or until I enroll in AutoPay again.

USE OF INSTRUMENT: I agree that the Instrument will be used only for educational purposes. I agree that the Student will keep the Instrument in his/her possession at the Student's residence address or at the school shown hereon. I will notify you, in advance, if I change my address or telephone number, and also if the Student changes schools or moves. The Instrument will not be removed from the County in which the Student resides, unless I have contacted you in advance and obtained your consent to do so. The Instrument shall not be misused, secreted, sold or otherwise disposed of. I will not permit or allow any lien, encumbrance or other charge to accrue against the Instrument.

DEFERRED DELIVERY: If the Deferred Delivery option is selected by my Band Director, the Instrument will not be shipped to me until the Band Director requests it to be sent I will immediately notify you of any problem with the Instrument upon its receipt. I understand the down payment constitutes a Deposit for the period from the date of this agreement until the next payment is due and it will be forfeited if I cancel this Agreement before receipt of the Instrument.

LOSS OR DAMAGE: I am fully and solely liable for damage to the Instrument, in excess of normal wear and tear, and for its loss or destruction from any and all causes, including but not limited to theft, vandalism, malicious mischief and mysterious disappearance. You do not provide any insurance on the Instrument, while it is in my possession and I am fully responsible for its safety until it is returned to you. The loss, injury or destruction of the Instrument shall not release me from liability for it In the event of such damage, loss or destruction, and I return the Instrument to you, I agree to pay you the reasonable cost of repairing the Instrument If the Instrument is not returned to you for any reason, I agree to pay you the current value of the Instrument The current value of the Instrument will be, if used when rented or leased then three-quarters (3/4) of the current retail price of a new  Instrument, or if it was a new or demo instrument then the current full retail price of a new Instrument.

ASSIGNMENT: You may sell, transfer or assign your rights under this Agreement without restriction or notice to me. I may not sell, transfer, assign or sublease my rights to the Instrument or under this Agreement, without your prior written consent.

TITLE & WARRANTY: The Instrument will continue to be owned by you. If I have a right to obtain its ownership under the terms of this Agreement and after I have fully complied with all of my obligations under this Agreement, then title lo the Instrument will be transferred to me. Any manufacturer's warranty on the Instrument will be passed on lo me if I acquire ownership of the
Instrument, if permitted by the terms of the warranty.

DEFAULT: I understand that, if I fail to make the payments provided for herein, or in any other way fail to honor and fulfill my obligations under this Agreement, then I will be in Default. Once I am in Default, you may assume that I do not wish to continue renting or leasing the Instrument and you may terminate this Agreement You will then also be entitled to any remedies allowed by law, including repossession of the Instrument wherever found, at school or elsewhere, after providing any notice required by law.

YOUR RIGHT TO TAKE POSSESSION: The Instrument is considered personal leased property within the meaning of State Law and it is a crime to withhold possession of the Instrument from you if I am in default of this Agreement. If I do not renew this Agreement or ii is terminated for any reason, you and your agents are specifically authorized to take possession of the Instrument wherever found. I understand that if I am in default of my obligations under this Agreement and fail to return the Instrument to you, or refuse to release it to your authorized representative upon request, that I may be subject to prosecution for the crime of "Theft by Conversion". I agree to pay for all costs, expenses, and damages, including reasonable attorney's fees, that you may incur in
recovering possession of the Instrument after my default.

DEFAULT CHARGES: When I Default in my obligations to you under this Agreement, you are authorized to charge me, and I agree to pay you:
a. Any charges identified on the front of this Agreement. and
b. A "Bad Check" fee in the amount of $30.00 or 5% of the Payment amount, whichever is greater for any Payment you receive from me by check, or any Payment authorized under your AutoPay program, that is refused by my institution (a Bad Check); and
c. Any amount your banking institution charges you for a Bad Check received in payment of my account; and
d. All costs you incur in repossessing the Instrument after my Default if I fail to deliver the Instrument to you, including a "Repossession Fee" in the amount of $50,00 for each attempt you make to repossess the Instrument; and
e. All costs of collecting any amounts that I owe to you after my Default, including reasonable attorney's fees you incur; and
After my Default, if the account is assigned lo a collection agent, an amount equal to One-Third (1/3) of the total account balance will be added as a cost of collection: thereafter I will be responsible for the collection charge in addition to the prior balance.
TERMINATION BY ME: I am not obligated to continue to rent or lease the Instrument and may at any time, return the Instrument lo you, without further obligation; PROVIDED the Instrument is returned in like condition as when received and all Payments due through the dale of the return are paid. I am obligated lo pay the Payment until you receive the Instrument and for the performance of my other obligations under this Agreement. I will notify you at least seven (7) days in advance by calling 800-241-0101. When I return the Instrument, you will give me a receipt for it signed by your authorized representative, The school and band directors are not authorized representatives of Portman's Music.

PORTMAN'S EXTENDED SERVICE AND MAINTENANCE POLICY:
Your service policy provides parts and labor necessary to maintain the Instrument in proper playing condition. In the event the Instrument is damaged or deteriorates in performance for reasons other than misuse, you will repair and regulate the Instrument at no charge. You shall make periodic inspections of the Instrument for needed repairs and/or evidence of abuse. You will perform, at my request, preventative maintenance inspections of the Instrument at any time during the term of this Agreement. Any necessary repairs shall be performed at your service center or by your qualified representative, This policy does not cover drum heads, sticks, accessories such as reeds, oils, etc, or damage caused by repairs attempted by anyone other than you. Exterior finishes or cosmetic repairs are not covered. Normal repairs are covered by the policy; however, repairs made necessary by misuse or abuse shall be at my expense. All repair work must be done by you.
THIS POLICY IS VOID IF PAYMENTS ARE NOT CURRENT