Tabla Rental Agreement
This Tabla Rental Agreement (the "Agreement") is made between TablaMasters LLC ("TM") and the Renter (Parent/Legal Guardian OR Student if he/she is a legal adult) as entered on this order (collectively referred to as the "Parties").
The Parties agree to the following terms and conditions:
1. INSTRUMENT: TablaMasters LLC hereby leases to Renter a Tabla Set - which includes a base drum (Bayan) with protective drumhead cover, treble drum (Dayan) with protective drum head cover, two base rings and an acrylic drum case/fabric carry bag.
2. RENTAL TERM: The rental starts on the day this agreement is executed and continues on a month-to-month basis ('Rental Term'). Renter will provide notice for ending the Rental (by email or sms) at least one week prior to date of monthly renewal so that automated payments can be halted in time.
3. RENTAL PAYMENTS: Renter agrees to pay TM as rent for the Instrument an amount of $32.00 per month. This will be automatically charged every month to the credit card provided by the Renter at the time of executing this agreement. There will be no refunds or prorating on the Rental Payments.
4. SECURITY: The Renter assumes all responsibility for any damages to the Instrument during the Rental Term. Renter agrees to pay full replacement cost of the instrument in the event of any partial or full damage, loss, theft of the Instrument and TM is authorized to retain the Rental Deposit of $500 in part or full as determined by TM after evaluation of the Damage or Loss.
5. DEFAULTS: If Renter fails to perform or fulfill any obligation under this Agreement, Renter shall be in default of this Agreement. Subject to any statute, ordinance or law to the contrary, Renter shall have seven(7) days from the date of notice of default by TM to cure the default. In the event Renter does not cure a default, TM may at TM's option (a) cure the default and the cost of such action may be added to Renter's financial obligations under this Agreement or (b) declare Renter in default of Agreement. If Renter shall become insolvent, or if a petition has been filed by or against Renter under the Bankruptcy Act or similar federal or state statute or if charges to Renter's credit card shall be declined by the card issuer/bank, TM may immediately declare the Renter in default of this Agreement. In the event of default, TM may as permitted by law, re-take possession of the Instrument.
6. POSSESSION AND SURRENDER OF INSTRUMENT: Renter shall be entitled to possession of the Instrument on the first day of the Rental Term. At the expiration of the Rental Term, Renter shall surrender the Instrument to TM by delivering the Instrument to TM in good condition and working order, ordinary wear and tear accepted, as it was at the commencement of he Agreement. Renter may surrender the Instrument to TM prior to the end of the Rental Term, however TM's acceptance of such surrender shall not entitle the Renter to any refund or credit.
7. USE OF INSTRUMENT: Renter shall only use the Instrument in a careful and proper manner and only for its intended purpose. Renter will comply with all laws, rules, ordinances, statutes and orders regarding the use, maintenance and storage of the Equipment.
8. CONDITION OF INSTRUMENT: The Tabla is in good playing order when accepted by Renter. Upon receipt of the Equipment, Renter shall inspect the same. Renter shall be deemed to have inspected the Equipment and acknowledged the Equipment is in good and acceptable condition, unless TM shall have received notice of any defect or damage immediately following receipt of the Instrument.
9. MAINTENANCE, DAMAGE AND LOSS; DAMAGE PROTECTION: Renter hereby agrees to keep the Instrument at all times in a dry condition and normal room temperatures (70 F - 80 F). Renter shall at all times be liable to TM for the full replacement cost of the Instrument leased hereunder and agrees to remit the same within 5 business days of any loss or damage to said equipment, whether by fire, theft, burglary, fraud, negligence, mysterious disappearance, water or casualty of any nature. Renter will, at Renter's sole expense, keep and maintain the Instrument clean and in good working order during the Rental Term. All repairs are to be done by TM or their designee, at no time shall the student or someone not designated by TM repair the instrument. In the event of loss or damage at any time during the Rental Term, TM is hereby authorized to charge Renter's credit card for any repair or replacement charges.
10. REPRESENTATIONS OF TM: TM represents and warrants only as follows:
a) That it has the right to Rent the Instrument as provided in this Agreement;
b) That Renter shall be entitled to quietly hold and possess the Instrument;
c) TM will not interfere with that right as long as Renter performs its obligations under this Agreement;
d) TM makes no representation with regard to the particular brand or manufacturer of the Instrument hereunder.
11. OWNERSHIP: The Instrument is and shall at all times remain th exclusive property of TM.
12. BINDING EFFECT: The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.
13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both TM and Renter.
14. CUMULATIVE RIGHTS: TMs' and Renter's rights under this Agreement are cumulative and shall not be construed as exclusive of each other unless otherwise required by law.
15. INDEMNIFICATION: Except for damages, claims or losses due to TMs' act or negligence, Renter, to the extent permitted by law, will indemnify and hold TM and TMs' property, free and harmless from any liability for losses, claims, injury or death of any person, including Renter, or for damage to property arising from Renter using and possessing the Instrument or from the acts or omissions of any person or persons, including Renter, using or possessing the Instrument with Renter's express or implied consent.
