Borden Brass & Wind

2026 Instrument Rental Contract

Renter's Contact Information

Instrument Information

Rental Terms and Agreement

In This Agreement, “We”, “Us”, and “Our” mean the Lessor. “You” and “Your”, Mean the person(s) signing the Rental Agreement as the Rental Customer(s) and Lessee. “Affiliate” Means the local retail outlet. “Agreement” means this Instrument Rental Agreement. “Instrument” means the rental property.

1. INITIAL RENTAL PAYMENT: Your minimum initial term is one month. After that, you have three options: (1) you can continue renting by making monthly rental renewal payments in advance; (2) you can return the instrument you are renting and buy a different Instrument, applying previously paid rent credit less any taxes and other fees paid to date (see Item #3 for purchase option); or (3) you can return it to us in good repair with no further obligation, except for past due payments. No refunds will be given on early termination or termination of multi-month introductory offers.

2. RENTAL TERM AND PAYMENT SCHEDULE: This Agreement is for one month and is renewable by making renewal payments in advance for every month you chose to renew this Agreement

3. PURCHASE OPTION: You cannot purchase the Instrument your are renting. However, you can purchase a different student or intermediate level band or orchestral instrument from our inventory. If you choose to do so, we will apply 50% of the base rental payments you have made (Not including any taxes or fees) to the Borden Brass & Wind retail price of the instrument you buy. After the rental credit has been applied we may offer a discount off the remaining balance. The instrument you buy must be in our current inventory. Any rent paid in excess of the purchase price of the instrument you buy is considered rent and no refunds of any kind will be given. You must pay us the difference in full when you purchase an instrument. We will not finance the purchase. This option terminates upon return of the instrument. Once you have purchased an instrument, you have no further return or exchange options. Call 1-510-634-9970 for more information

4. TERMINATION AND DEFAULT: You may terminate this Agreement at any time by returning the Instrument in good condition, fair wear and tear excepted, or by making arrangements with us for its return. You must also pay any past due amounts you owe. You can request a pick up of the instrument by calling 1-510-634- 9970. YOU MUST RETURN THE INSTRUMENT TO MUSIC TIME ACADEMY or BORDEN BRASS & WIND INSTRUMENT REPAIR. NO ONE ELSE IS AUTHORIZED TO ACCEPT RETURN OF THE INSTRUMENT. You cannot terminate this Agreement by leaving the Instrument in the school. We may terminate this Agreement is you fail to keep any of your agreements. We may notify You of termination in writing, or by e-mail, or by telling You. You agree to pay us the fair market value of the Instrument if You fail to return it to us when this agreement terminates. You remain liable for the rental payments until the Instrument is returned to us.

5. LOSS OR DAMAGE TO THE INSTRUMENT: You are liable for loss of the Instrument from all causes. You must pay us the fair market value of the Instrument if it is lost or destroyed. If it is damaged by abuse, misuse, intentional acts, or an act of God (such as a flood, tornado, or hurricane), you must pay us immediately for all repairs, not to exceed fair market value. Regular maintenance and yearly tune-ups are covered by this rental agreement at no extra charge. All maintenance and repairs must be done by Borden Brass & Wind Instrument Repair, maintenance and repairs done by any other repair shop or entity are not covered by this agreement and must be paid for by you. Call 1-510-634-9970 for more information.

6. CONSENT TO CONTACT: By signing below, I agree to receive emails from Borden Brass & Wind Instrument Repair at the email address(es) I provided, as well as to receive customer service and collections calls, including through the possible use of automated dialing systems and prerecorded messages and texts, at the telephone/cellular number(s) I provide.

Monthly Payment

YOU WILL BE RENTING THIS INSTRUMENT. YOU WILL NOT ACQUIRE EQUITY OR OWNERSHIP RIGHTS IN THIS INSTRUMENT. YOU CAN HOWEVER, ACCUMULATE RENT CREDIT THAT MAY BE APPLIED TOWARD THE PURCHASE OF A DIFFERENT INSTRUMENT IN THE BORDEN BRASS & WIND INVENTORY. NOTICE TO LESSEE: Do not sign this Agreement before you read it. You are entitled to an exact copy of the Agreement you sign. Keep it to protect your legal rights.

Other Terms and Conditions:

7. OTHER CHARGES: These fees are all reasonably related to the services performed.

A. Repairs costs for intentional or excessive damage to the instrument. B. Bank or Credit Card Declined Charge: If your payment is denied for any reason, you must pay Borden Brass & Wind a $25.00 charge to cover our costs in processing your payment in addition to your regular rental payment.

C. Late Fee: If you fail to make a renewal payment within 7 days past due date, you must pay Borden Brass & Wind $10.00 (or maximum allowable by state law) plus your rental payment to continue using the Instrument. Late fee amount subject to change if state law changes

8. MAINTENANCE OF INSTRUMENT: You are fully responsible for maintaining and servicing the rental Instrument, including all repairs, adjustments, and general cleaning. Repairs, adjustments, and tune ups are included and covered by this rental agreement only if done by Borden Brass & Wind Instrument Repair Technicians. All other repair and maintenance fees are paid by the Lessee. Repairs and maintenance not covered, include but are not limited to: restoration of finishes, damage due to careless handling, cleaning or replacement of expandable accessories such as mouthpieces, ligatures, mouthpiece caps, reeds, oil, swabs, strings, rosin, drum heads or drum sticks. If repairs take longer than 3 business days, we will loan you an Instrument until we can complete repairs (subject to availability). We will not be responsible for the costs or the results of any repairs or damage caused by improper use. You must notify us immediately if the Instrument needs service. Any necessary repairs are to be performed by a Borden Brass & Wind Instrument Repair Technicians

9. LIMITED WARRANTY: What does this Limited Warranty Cover? This limited warranty covers defects or malfunctions in the Instrument. How Long Does the Coverage Last? This limited warranty lasts as long as you continue to rent the Instrument and are current on all amounts due to Us. What Will Borden Brass & Wind do? We will make all necessary repairs and adjustments to keep the Instrument in proper playing condition at no charge. What Does This Warranty Not Cover? This limited warranty does not cover restoration of finishes, cleaning or replacement of expandable accessories such as mouthpieces, ligatures, mouthpiece caps, reeds, oil swabs, strings, rosin, drum heads or sticks. This limited warranty also does not cover any problem or defect caused by abuse, misuse, intentional acts, or an act of God (such as a flood, tornado, or hurricane). Also, consequential and incidental damages are not recoverable under this limited warranty. The limited warranty does not apply to any person other then You. This limited warranty does not cover any deductions in any amounts due to Us as a result of the loss of use of the Instrument while being repaired. This limited warranty does not cover damage or defects in the Instrument due to fire, theft, flood, other Act of God. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

HOW DO YOU GET SERVICE? To make arrangements for a warranty service you can: (1) contact the location where 8/19/2026 you rented the Instrument (Music Time Academy) or (2) contact Borden Brass & Wind Instrument Repair directly at 510- 634-9970. You will be responsible for delivering the Instrument to the location you rented it and for picking it up after any repairs are made. In the event you rented the Instrument online, you will be responsible for delivering the Instrument to a location directed by Us and picking it up from there after any repairs are made. If the repairs take longer than three business days after receipt of the Instrument, we will loan you an instrument until repairs can be made, subject to availability. This warranty gives You specific legal rights, and You may also have other rights which vary from state to state.

10. REINSTATEMENT: If you fail to make a timely renewal payment, this Agreement expires. You can reinstate it without losing any rights previously acquired by making all payments due or returning the Instrument to us within 10 business days after the renewal date. If you return the Instrument to us promptly, you will have 120 calendar days from the date of return to reinstate by making all payments due. If you reinstate, we will furnish you with the same Instrument or an Instrument of comparable quality and condition.

11. REIMBURSEMENT OF COSTS: If you breach this Agreement, you will have to pay us for all reasonable costs we incur in getting our Instrument back. These costs may include attorney's fees and court costs if they are incurred and permitted by state law.

12. EQUITY: You understand that we own the Instrument. If you declare bankruptcy, we retain title, and the instrument must be returned to us immediately. You do not have the right to a refund of any rental payments when this Agreement is terminated.

13. LOCATION OF INSTRUMENT: You agree to keep the Instrument on your person or at the address shown above. You must inform us in writing of any address changes. If you remove the Instrument without our written consent, we have the right to terminate this Agreement immediately.

14. ASSIGNMENT: You have no right to sell, transfer, assign, pawn, pledge, sub-lease, or encumber the Instrument or this Agreement in any way. We may sell, transfer, or assign our rights in this Agreement.

15. DAMAGE TO OTHER PROPERTY AND CONTACT WITH THIRD PARTIES: You understand that we will not be responsible for any loss or damage to any property arising out of your use of the Instrument. You also agree that we can contact your spouse, the student, or your nearest relative regarding your account with us.

16. SECURITY DEPOSIT: You may have been required to make a security deposit. When this Agreement terminates, we will refund any security deposit less any amounts you still owe us within 30 days.

17. HYGENIC CONDITION OF INSTRUMENT: We will not be responsible for the hygienic condition of the Instrument and mouthpieces.

18. NECESSARY CORRECTIONS: We reserve thee right to make corrections, which might be necessary due to mathematical errors caused by our systems, staff, or agents. You are entitled to a full accounting at any time and upon request. We reserve the right to make modifications as directed by local applicable law when necessary.

19. MISCELLANEOUS PROVISIONS: You understand that time is of the essence in this Agreement. No changes may be made to this Agreement except by us in writing. You understand that the Instrument may be new, refurbished, or previously rented. You agree that we have not made any promises or representations about this Agreement or the Instrument other than those contained in this Agreement. You agree that You have received the Instrument in satisfactory condition. You agree that you have received a signed copy of this Agreement. If any term, provision, covenant or condition of this Agreement, or its application to any person, place or circumstance, shall be held to be invalid, unenforceable or void for any reason, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. To the extent not provided under State law or prohibited by State law, in the event You claim there is any violation or breach of this Agreement by Us or any violation or breach of any State, Federal, or local law or regulation by Us, You shall give Us written notice of the alleged violation or breach to 1271 Boulevard Way in Walnut Creek, CA 94595. We shall have a minimum of 30 days from the date of our receipt of the written notice to correct or cure the alleged violation or breach, and upon such cure of the alleged violation or breach, You covenant and promise not to bring any legal action that arises out of or relates to the alleged violation or breach, and any and all claims, demands, and causes or action against Us that arise out of or relate to the alleged violation or breach shall be deemed satisfied, waived and released by You