Contract Terms

NATURE OF THIS AGREEMENT:  In this contract, “I” and “me” refers to the person signing to accept the contract terms.  I understand that this is a legal contract for my musical instrument lease. By signing online, I agree to the terms here. Horn Hospital, L.L.C. is legally required to provide the disclosures on this contract.

This agreement shall be from month to month, commencing on the date of this contract and automatically renewing each month thereafter. All payments are due on the tenth day of each month.  A late charge of $2.00 will be charged if payment is not received by the due date.

I authorize Horn Hospital, L.L.C. to automatically bill my credit/debit card each month for my payment.

100% of all lease payments paid, less sales tax, will apply towards the purchase of a final size instrument of the type I am leasing.  If this instrument is returned without selecting the next size or final instrument, all fees paid will be considered rent and no refund or credit will apply.

I may also return the instrument at any time, but I am not entitled to any refund.  When contract payments are current, I will not be charged for the current month if the instrument is returned by the 15th of the month.  I will be charged for the current month if the instrument is returned the 16th of the month or later.  I understand and agree that I am fully responsible for any past due payments, late charges, delinquency fees, and if I did not elect Damage & Replacement Coverage, all repair costs. See below for Return Procedures.

All repairs and maintenance must be performed by Horn Hospital, L.L.C. I hereby authorize representatives from Horn Hospital, L.L.C. to pick up this instrument at a school location for routine repairs and/or warranty inspections.

Damage and Replacement (D&R) Coverage:  If I select coverage for Damage and Replacement, Horn Hospital, L.L.C.  will maintain this instrument in proper playing condition and replace this instrument if lost by theft, fire or catastrophe during the term of this contract as long as payments are current. See below for details on Damage and Replacement Coverage.  I understand that if I choose not to accept the D&R Coverage that I am totally responsible for paying for the instrument if it is lost by any means, and for maintenance to keep the instrument in proper playing condition.

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.

BANKRUPTCY:  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 such as but not limited to offensive odors is not covered and Horn Hospital, L.L.C. reserves the right to charge any repair or replacement fees to the credit/debit card on file.

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 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 to request an instrument return. Upon receipt of request, Horn Hospital, L.L.C. will provide a date and a location for pickup 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.