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NATURE OF THIS AGREEMENT: I understand that this is a lease contract. Horn Hospital, L.L.C. is
legally required to provide the disclosures of this contract.
SECURITY INTEREST: I understand and agree that title to the instrument does and shall remain with
Horn Hospital, L.L.C., which has security interest therein. I agree not to sell, mortgage, remove from the state, or
otherwise dispose of this instrument.
Leased instruments remain the property of Horn Hospital, L.L.C. and are not affected by bankruptcy regulations.
LATE PAYMENTS AND DEFAULT: I agree to pay the late charge shown on the front if Horn Hospital, L.L.C.
does not receive a payment by the due date. Horn Hospital, L.L.C. can terminate this contract if I do not make any payment within
30 days after the due date. If Horn Hospital, L.L.C. does terminate the contract, I must return the instrument immediately. If I do not
return the instrument, Horn Hospital, L.L.C. can take possession of the instrument wherever found, if Horn Hospital, L.L.C. does so
peacefully and lawfully. On any account 30 days or more past due, I will be liable for the entire value of the instrument including
all reasonable legal and collection fees.
DAMAGE AND REPLACEMENT (D&R) COVERAGE: While you are leasing this instrument covered by this
agreement, and have selected the D&R option we will do any necessary repairs to keep this instrument in proper playing
condition. D&R coverage does not include restoration of finishes or replacement of expendable items such as reeds, straps,
lubricants, strings, etc. Damage from deliberate abuse or neglect is not covered.
While you are leasing this instrument (and have elected the D&R option) and payments are current, in the event of loss
by theft or fire (substantiated by a police or fire report in the event of theft or fire), the instrument will be replaced with a like
condition instrument. This agreement covers the instrument and case only. No coverage is provided for personal items that were
in or with the instrument or case. If the instrument was stolen or destroyed in a fire, you must provide Horn Hospital, L.L.C. a copy
of the police or fire report within 15 days of the incident.
PURCHASE OPTION: At the time of purchase, lease payments may not be applied towards a different "type"
instrument (i.e. trumpet for sax or violin for flute, etc.). 100% of lease credits, less sales tax and damage and replacement
coverage charges, will be applied to the purchase of a new, rental return or used instrument in Horn Hospital, L.L.C. stock, as long
as the instrument returned which is the subject of this agreement, is in acceptable condition to Horn Hospital, L.L.C. The purchase
price is based on the manufacturer's suggested retail price at the time of purchase. I must exercise my purchase option within 30
days of the last due date of the last scheduled payment. If the price of the final instrument selected is less than the lease fee credits
accumulated, no refund will be paid on the difference.
RETURNED PAYMENT FEE: We will add a $50.00 fee when a credit/debit card or check is not honored
because it cannot be processed or when an automatic credit/debit is returned unpaid. At our option, we will assess
this fee the first time your payment is not honored, even if it is honored upon resubmission.
RETURN PROCEDURES: Horn Hospital, L.L.C. must be contacted by email to hornhospitalcontracts@gmail.com to request an instrument return. Upon receipt of request, Horn Hospital, L.L.C. will provide a date and a location for pick up of the instrument. Instrument must be at specified location prior to the specified date in order to be picked up for return.
NOTIFICATION: I agree to notify Horn Hospital, L.L.C. within fifteen days in the event that my telephone
number or address changes from that listed on the contract.
INSTRUMENT EXCHANGE: During the terms of this contract as long as payments are current, this instrument listed on this contract may be exchanged for another instrument and all lease payments will apply in full to the new instrument, provided the instrument being returned is in the same condition as when first leased by me, and the new contract is for the same student.
AUTHORIZATION TO RELEASE INFORMATION: I recognize that it may be necessary from time
to time for Horn Hospital, L.L.C. to contact me regarding the instrument and desire information regarding my address
and telephone number to be furnished to Horn Hospital, L.L.C. I hereby expressly authorize any principal, teacher or
other school official to furnish and release to Horn Hospital, L.L.C. any information in his or her or in the school's
possession or records, which may be pertinent in locating or contacting a current or former student or me. A
photocopy of this authorization shall be as valid as the original. I hereby release any person providing such
information to Horn Hospital, L.L.C. upon presentation of this authorization, from any claims for or in connection with
confidentiality of records or any other matter. I also authorize Horn Hospital, L.L.C. to obtain a credit report from a
credit-reporting agency to establish, maintain and collect on my account.
GENERAL: This contract contains the entire understanding between me and Horn Hospital, L.L.C. The only
way it can be changed is by a new contract signed by me and accepted by Horn Hospital, L.L.C. Horn Hospital, L.L.C.
signature is not necessary to make this contract enforceable.
| NOTICE TO THE BUYER |
| (1) |
DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS
ANY BLANK SPACES.
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| (2) |
YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS
AGREEMENT.
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| (3) |
UNDER THE LAW, YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL
AMOUNT DUE AND UNDER CERTAIN CONDITIONS TO OBTAIN A PARTIAL REFUND
OF THE SERVICE CHARGE.
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| NOTICE |
| ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS
AND DEFENSES WHICH THE DEBTOR COULD ASSERT THE SELLER OF GOODS OR
SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.
RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNT PAID BY THE
DEBTOR HEREUNDER.
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