Rockin’ Robbie’s Inc. SUMMARY of INSTRUMENT RENTAL AGREEMENT, TERMS & CONDITIONS

This is a courtesy summary of the Rockin’ Robbie’s Rental Contract, it does not replace the actual contract you sign. Because most people can’t understand all that legalese and we want to make sure you understand what you’re signing. Please read the full rental contract below and only sign the document or tick the “I agree” box if you understand your responsibility and liability while the instrument is in your possession.

  1. Terms of Rental: Signing at the bottom means you understand and agree with all terms and conditions of the rental contract.

  2. Duration of this Agreement: All rentals require a 3-month minimum (some require 6 months). The rental continues until the instrument is returned. 

  3. Rental is not a Sale: Rockin’ Robbie’s still owns the instrument while you’re renting it. Don’t sell, rent, fence, transfer, pawn etc. If a contract is breached, we reserve the right to repossess the instrument at any time from your home, the student’s school, or a public place. You are responsible for any costs incurred related to repossession or replacement of the instrument. 

  4. Auto Payment: Participation in autopay is mandatory to rent online. You must maintain a valid credit card on file.

  5. Equity Credits: 60% of “On-Time” payments may be applied to a future purchase of your rental instrument or one of equal value. Equity credits can cover up to 75% of the regular sale price of an instrument.  

  6. Protect the Rented Property: Don’t attempt to (or let anyone else) assemble, play, or clean the instrument without first consulting with a qualified teacher.

  7. Receipt of Property in Good Condition: You have received an instrument that is ready-to-play and have initialed the contract and understand the existing condition.

  8. Return Rented Property/Timeliness: At the end of the rental, you are responsible to bring the instrument back to Rockin’ Robbie’s in Concord. 

  9. Maintain and Insure The Property: We don’t offer insurance. You are welcome to purchase insurance from a third-party. Home-owner’s/Renter’s policies typically have affordable solutions.  

  10.  Repair or Replace The Property: If you break the instrument, you are responsible to repair or replace it. If you do have an issue, please contact us first. If you ignore it, try to repair it yourself, or take it to another repair shop, it always ends up costing more.

  11. Equipment Security: At our discretion, we reserve the right to require non-refundable security deposits for certain instruments and under certain circumstances. 

  12. Termination Policy: After the minimum rental period, you may end your rental at any time by bringing the instrument back to Rockin’ Robbie’s in Concord. Rental fees are non-refundable. By returning the instrument, you forfeit any earned equity credits.

  13. Lessee’s Indemnification of Lessor: In the event that the instrument is lost, stolen or damaged, you are responsible for any costs incurred to repossess or repair, including legal fees. 

  14. Limitation of Liability: We’re not responsible if the instrument is lost, stolen or damaged under your care.

  15. Entire Agreement: The actual language in the contract supersedes any other document (including this one) such as an email, order confirmation, or receipt. 

  16. Choice of Law, 17. Arbitration and Choice of Forum, & 18. Rule of Construction: Any necessary legal matters will be interpreted by the laws in the State of California. In the event of a disagreement, we agree to settle with a 3rd-party Arbitrator. You can’t use ambiguous clauses to interpret the contract. 


Rockin’ Robbie’s Inc. COMPLETE INSTRUMENT RENTAL AGREEMENT, TERMS & CONDITIONS

1. Terms of Rental (a) This is a rental agreement only and by signing the related rental order form (hereinafter, the "Order Form"), Lessee agrees to all terms and conditions in the Order Form and to those set forth in this online rental agreement (hereinafter, the "Agreement"). In the event of a conflict between the terms of this Agreement and the Order Form, the terms of the Order Form shall govern. (b) The property leased under this Agreement by Lessee shall be hereinafter referred to as the "Rented Property".

2. Duration of this Agreement (a) This Agreement shall commence upon receipt of the Rented Property by Lessee or Lessee's agents and continue until the Rented Property is returned to or picked up by Lessor.

3. Rental Is Not a Sale (a) This is a rental agreement only, and all right, title and property interest in the Rented Property remains at all times with Lessor. No part of the Rented Property that is leased pursuant to this Agreement shall be deemed the property of the Lessee, nor shall Lessee acquire any proprietary interest or security interest in the Rented Property by virtue of this Agreement or any oral representation. None of the Rented Property may be transferred, sold, leased, pawned, assigned, or pledged pursuant to this Agreement. (b) In the event the terms of this agreement are breached, (i) Rockin’ Robbie’s, Inc retains the right to repossess the Rented Property from any location such as the Lessee’s home, school, or public place. (ii) Lessee is liable to compensate Lessee for costs related to repossession.

4. Auto Payment (a) Lessees are required to maintain a valid credit card on file with the Lessor. This credit card will be billed each month for rental fees. (b) Participation in the auto-payment program is optional. For those who choose to rent online from an affiliate, or at a school event, participation in the auto-payment program is mandatory.

5. Equity Credits (a) 60% of all on-time payments can be used as Equity Credits toward the purchase of the rental instrument listed on the Order Form. On-time payments are payments made on the payment due date listed on the Order Form. The on-time status may extend up to a maximum of 48 hours beyond the payment due date as listed on the Order Form if extenuating circumstances can be proven, such as a bank record proving an attempt to pay on time. Leniency in this policy and what constitutes extenuating circumstances are at the discretion of the Lessor (b) Equity Credits are not transferable to cash or any other currency. Equity Credits may apply toward the purchase of the specific Rented Property listed on the Order Form, (or one of the identical specifications) and are not transferable to any other products. Equity Credits may only cover up to 75% of the instrument’s value. In the event that the Rental Property is returned and the Equity Credits are not redeemed by the Lessee to purchase the Rental Property, all Equity Credits accrued will be voided. Lessor reserves the right to apply credits to any product, redeem, void, or otherwise modify Lessee's Equity Credits at the Lessor's discretion.

6. Lessee's Responsibility to Protect the Rented Property/Limitations on Use (a) Lessee shall, at all times after delivery and acceptance of the Rented Property maintain said Rented Property in good condition and will not permit any practice that will injure or damage the Rented Property in any manner whatsoever. (b) The Rented Property shall be used only by the Lessee, minors or others persons under the guardianship of the Lessee, employees, independent contractors, or any persons acting as an agent by permission expressed in writing of the lessee. (c) Lessee agrees to use Rented Property in accordance with the manufacturer's specifications and not to alter the Rented Property.

7. Receipt of Property in Good Condition (a) The receipt by Lessee of the Rented Property described on the Order Form shall constitute the acknowledgment that the Rented Property is in good, safe, serviceable condition, reasonable wear and tear excepted and fit for the use for which it has been rented. (b) Lessee agrees to notify Lessor, in writing, of all defects and impediments to intended use within 24 hours of receipt.

8. Lessee's Responsibility to Return Rented Property/Timeliness (a) Lessee is responsible for the safe and timely return of the Rented Property. All items must be returned in the same condition received. Should Lessee fail to return all Rented Property in the same condition received, Lessee agrees to reimburse Lessor for the repair of any item returned damaged or destroyed or replacement value of any item not returned, payment to be immediately due and payable. (b) It is the Lessee's responsibility to return all equipment, freight prepaid, to the Lessor's office of origin unless alternative arrangements have been made in writing and approved by Lessor. Lessee is responsible for any loss or damage to the Rented Property that occurs during return delivery to Lessor if made by any carrier other than Lessor. Lessee shall solely bear the cost of any insurance it purchases on the Rented Property in connection with its return delivery to Lessor. (c) Rented Property returned late, for any reason, shall continue to accrue rental charges at rates applicable under the Order Form.

9. Lessee's Responsibility to Maintain and Insure The Property a) The Lessor offers no insurance for The Property, the Lessee may purchase a private insurance policy of their choosing or add The Property to an existing policy; the instrument should be insured for the replacement value listed on the Order Form b) The Lessee is responsible for the maintenance of the instrument, this includes appropriate cleaning and care to keep the instrument in proper playing condition. The Lessee is responsible for repairs related to neglect and mishandling of The Property. The Lesse is responsible for replacement of pieces such as plastic, metal or brass fragments, screws, nuts, springs, tubes, corking, neck screws, cases, case handles and straps, case component mounting fixtures, case hinges and latches, mouthpieces, bows, ligatures, caps, or any other parts associated with instrument as listed on the Order Form or implied otherwise in the manufacturer's description. These costs may be automatically charged to the Lessee's credit card and an itemized invoice will be sent by to the Lesse by the Lessor.

10. Lessee's Responsibility to Repair or Replace The Property (a) The Lessee shall not attempt repair of the Rented Property nor shall they seek repair of the Rented Property by any other person or persons, including other instrument repair facilities. The only repair facility authorized to examine, assess, or appraise the Rented Property is East Bay Music, 1835 Colfax St, Concord CA 94520. (b) In the event of loss, destruction, mysterious disappearance of or damage to the Rented Property, or any part thereof, by any cause whatsoever, during the period of the Agreement, or while the Rented Property is in the possession or under the custody and/or control of Lessee, persons under the legal guardianship of the Lessee, Lessee's employees agents and/or representatives; Lessee shall be liable to Lessor for the full replacement value of the leased property if lost, destroyed, damaged, or stolen. Lessee will cooperate with Lessor in Lessor's efforts to recover under any insurance policy that may cover the loss of the Rented Property. (c) Should the Rented Property not be in serviceable condition upon return to Lessor, as ascertained by an inspection thereof by Lessor, Lessor will do all things necessary to place said Rented Property in serviceable condition, the rental term shall continue for such period during which the rental terms are extended but only for the actual loss sustained, such charges will not exceed the value of the equipment.(d) The cost of replacement or repair will be charged to the Lessee's credit card automatically and an itemized invoice will be sent by to the Lessee by the Lessor.

11. Equipment Security (a) As a condition to leasing the Rented Property, Lessee may be required to provide Lessor with a security deposit for the full replacement value of the Rented Property. A security deposit may, at Lessor's discretion, be given in the form of an authorization to charge Lessee's credit or debit card for the amount of the security deposit in the event the Rented Property is not returned, returned late or in disrepair. (b) In the event the Rented Property is not returned in good, safe, and serviceable condition, Lessor will be entitled to keep Lessee's security deposit and apply said deposit towards any fees imposed upon cancellation, late return fees, the cost of any repairs needed to the Rented Property and the replacement of the Rented Property if it is a total loss. (c) Lessor's recourse to Lessee's security deposit is not Lessor's exclusive remedy for Lessee's breach of this Agreement and, therefore, even if Lessor keeps Lessee's Security Deposit, Lessor shall remain entitled to pursue available legal or equitable remedy for any damages it suffers as a result of Lessee's breach of any provision of this Agreement. (d) Lessee may be required to provide proof of insurance covering the Rented Property naming Lessor as an additional insured and such policy shall be issued by a company licensed or authorized to do business in the State of California.

12. Termination Policy (a) Should the Lessee wish to terminate a rental, Rented Property must be returned to Rockin' Robbie's, Inc. by the payment due date listed on the Order Form. After the instrument is examined and deemed in original condition, the agreement and contract is terminated. This will be provided to the Lessee in written form. The Lessee is not entitled to refund of any advance rentals payments, deposits, prior month's rent, repair fees, late fees, collection fees, restocking fees, interest or any other fee incurred by the Lessee during the Rental Period as indicated on the Order Form. (b) Rental fees are for complete months and are not proratable, transferable or refundable. If the Rented Property is returned before the next payment is due, Lessee will not be prorated or refunded any rental fees or any other monies as listed in 9(a). Equity credits earned are not transferable to cover outstanding monies owed by the Lessee.

13. Lessee's Indemnification of Lessor (a) Lessee agrees to, and does hereby, defend, indemnify, and hold harmless Lessor against any and all loss, damage, expense and penalty, including costs, expenses, and reasonable attorneys' fees, arising from any and all causes of action on account of or in connection with: (i) any injury to person or property of any character whatsoever occasioned by the operation or handling of the Rented Property both during the rental period, and thereafter until the Rented Property is returned to the custody of Lessor; or (ii) the breakdown or failure of the Rented Property, and/or any part or parts thereof during the rental period term or thereafter until the Rented Property returns to the custody of Lessor, including, but not limited to, the costs or damages of musicians, vocalists, concert or event promoters, sponsors or investors, except to the extent caused by the gross negligence or willful misconduct of Lessor.

14. Limitation of Liability - Lessee agrees that, to the fullest extent permitted by law, Lessor, or its agents, officers, directors, employees, or shareholders ("Lessor's Agents") shall not be liable to Lessee for any special, indirect or consequential damages whatsoever, whether caused by Lessor, or Lessor's Agents', negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue. Lessee further agrees that, to the fullest extent permitted by law, the total liability of Lessor and Lessor's Agents, to Lessee, for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the rental of the property, from any cause or causes including but not limited to Lessor's, or Lessor's Agents', negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the amount Lessee has paid to rent the property.

15. Entire Agreement - This Agreement contains the entire agreement of the parties hereto concerning the subject matter contained herein and supersedes any other prior written, or oral, agreements between them. There are no representations, agreements, arrangements or understandings between the parties hereto concerning the subject matter of this Agreement, whether oral or written, which are not fully expressed or referenced in the Agreement.

16. Choice of Law - The parties agree, without regard to conflict of laws principles, that the Agreement shall be interpreted and governed by the laws of the State of California and that all claims and disputes arising from or concerning this Agreement shall be decided in accordance with the substantive law and statutes of the State of California.

17. Arbitration and Choice of Forum (a) Any dispute arising out of or relating to the Agreement, or the breach thereof, its interpretation or application, or any future issue between the parties, shall be resolved by final and binding arbitration before one arbitrator designated by the American Arbitration Association, pursuant to the then prevailing rules of the AAA for the resolution of commercial disputes. The arbitrator's decision shall be final and binding and subject to confirmation in any court of competent jurisdiction with the prevailing party being awarded reimbursement of the arbitration filing fees, the arbitrator's fees, any court filing fees and costs incurred in obtaining court confirmation, and any court filing fees and costs incurred in defending or pursuing any court appeals with respect to the arbitrator's decisions. The arbitrator shall determine the validity, enforceability, and scope of this arbitration provision and of this Agreement. (b) The parties irrevocably and unconditionally (i) agree that any judicial proceeding relating to such arbitration proceedings shall be brought in a court with subject matter jurisdiction (ii) consent to the exclusive jurisdiction of such a court in any such proceeding, and (iii) waive any objection to the laying of venue of any such proceeding in any such court. The parties also irrevocably and unconditionally consent to the service of any process, pleadings, notices or other papers in connection with any such judicial proceeding and submit to personal jurisdiction in such venue.

18. Rule of Construction - The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.


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Privacy Policy:

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, Drivers license or other details to help you with your experience.

When do we collect information?

We collect information from you when you place an order or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase in the following ways:

  • To quickly process your transactions.

  • To use in the event that the instrument is missing

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies. If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. 
 

Third-party links

We do not include or offer third-party products or services on our website.

Google

Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf


According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy' and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

       On our Privacy Policy Page

Can change your personal information:

       By emailing us

       By calling us

       By logging in to your account

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It's also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via email

       Within 1 business day

We will notify you via phone call

       Within 7 business days


We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

       Process orders and to send information and updates pertaining to orders.


To be in accordance with CANSPAM, we agree to the following:

       Not use false or misleading subjects or email addresses.

       Identify the message as an advertisement in some reasonable way.

       Include the physical address of our business or site headquarters.

       Monitor third-party email marketing services for compliance, if one is used.

       Honor opt-out/unsubscribe requests quickly.

       Allow users to unsubscribe by using the link at the bottom of each email.


If at any time you would like to unsubscribe from receiving future emails, you can email us at

       Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

www.rockinrobbies.com

1835 Colfax Street

Concord, CA 94520

USA

sales@rockinrobbies.com