Instrument Rental Agreement

1. This is a contract of rental between Heritage Music Academy (hereinafter “HMA”) and the person named herein as Renter (hereinafter “the Renter”).
2. HMA hereby rents to the Renter, and the Renter hereby rents from HMA, the Instrument(s) and Accessories described herein (hereinafter also referred to as “items”).
3. This Rental Agreement commences on the date signed hereunder by HMA and the Renter. Initial rental fees, whether payable monthly or yearly, fall due upon the Renter taking possession of rented items.
4. The undersigned Renter agrees that s/he has rented the Instrument(s) and Accessories described herein upon condition that the Instrument(s) and Accessories will at all times remain the property of HMA.
5. Full ownership and title in the rented items shall at all times remain with HMA, and rented items shall only be used by the Renter, his servant or agents, and the Renter shall not sell, assign, encumber, sub-rent, or in any way dispose of any rented item(s) without the prior written consent of HMA.
6. HMA ensures that the Instrument(s) and Accessories described herein for the purpose of renting said Instrument(s) and Accessories to the Renter are in good condition and full working order upon commencement of this Rental Agreement.
7. The Renter acknowledges that s/he has examined the Instrument(s) and Accessories described herein and has found the items to be in good condition and full working order upon receiving them.
8. The Renter undertakes to return the rented Instrument(s) and Accessories to HMA in good condition and full working order, save for ordinary wear and tear, upon termination of this Rental Agreement or on the return date set out herein. Repair costs shall be assessed by HMA for any Instrument(s) and Accessory(s) not returned to HMA in good condition and full working order, such repair costs may be equivalent to each item’s replacement value and shall be payable by the Renter to HMA as assessed by HMA.
9. The Renter agrees to promptly pay HMA the cost of repairing or replacing any part(s) of Instruments and Accessories that is found by HMA to be broken, damaged, or missing.
10. The Renter is responsible and shall pay for all consumable parts of rented items such as, for example, strings and bow hair, and the Renter is responsible and shall pay for all loss and damage that may be caused to the rented items irrespective of whether such loss or damage is caused by the Renter or any third party.
11. The Renter agrees to pay all rental fees, set out herein, in full, promptly as and when the rental fees fall due for payment.
12. The Renter agrees to pay a refundable deposit, in the amount set out herein, if the Renter opts to pay the rental fee on a monthly rather than yearly basis. However, return of any deposit amount is subject to HMA assessing the condition of the rented Instrument(s) and Accessories upon termination of this Rental Agreement or the return date set out herein and HMA determining, at its sole discretion, whether any deduction(s) will be made by HMA for damage that may have occurred beyond ordinary wear and tear to the rented Instrument(s) or Accessories during the period of rental.
13. The Renter agrees to pay HMA the replacement value or repair costs of any damaged Instrument(s) or Accessory(s), and the Renter shall pay HMA the replacement value of any item(s) that is lost, stolen, or not returned to HMA.
14. HMA is not responsible for any accident or injury that may be caused directly or indirectly from the use of the rented item(s), and the Renter shall indemnify, defend, and hold HMA harmless from all claims, losses, legal fees, damages, liabilities, costs, expenses, and/or suits for injury to any person, damage to or loss of property, or any other claim whether monetary or otherwise arising out of or resulting from any such accident or injury or use of rented items.
15. Insurance on rented Instruments and Accessories is the responsibility of the Renter and the Renter shall pay all insurance costs.
16. HST will be charged on all rental fees and charges under this Rental Agreement.
17. An administration fee of $25 will be charged the Renter for each cheque that is stopped or for which there are insufficient funds (also known as NSF charge).
18. The Renter agrees to provide a Government issued ID to HMA, showing the Renter’s photograph, for HMA to sight at the time when this Rental Agreement is entered into by the parties.