Rental Instrument Terms and Conditions

TERMS AND CONDITIONS FOR RDG WOODWINDS INSTRUMENT RENTAL CUSTOMERS

Renter hereby rents from RDG Woodwinds (“RDG”) a musical instrument (“Instrument”) and, in doing so, agrees to the following terms and conditions:

1. Renter agrees to pay the rental charges as stated herein, and will continue to make regular monthly or weekly renewal payments every month or week following the completion of the initial rental period until the Instrument is returned to RDG in good condition, allowing for reasonable wear.

2. RDG will perform all normal adjustments and maintenance of the Instrument without charge to the Renter, with the exception of applicable shipping charges; however, RDG will not pay for any adjustments, maintenance, or similar work, if it is not performed and/or authorized by RDG. Normal adjustments and maintenance are defined as, but not limited to: the replacement of pads as needed; the replacement of bumper materials as needed; the tightening and oiling of the mechanism; the cleaning of tone holes and tone hole undercutting; the adjustment of pad and key heights; the adjustment of spring tension; the cleaning of keys; the oiling of the bore and tone holes.

3. Renter is responsible for safekeeping of the Instrument, and any breakage, damage, or loss of the Instrument from any cause will be at the Renter’s expense. In the event of damage to the Instrument, the Renter must inform RDG about the extent of the damage. In the event that the Instrument is lost and/or not returned to RDG, Renter must pay RDG the Instrument Replacement Value.

4. Renter authorizes RDG to charge Renter’s credit card and/or debit card for collateral deposits up to the amount of the full retail replacement value of the Instrument and any included items as determined by RDG.

5. RDG is not providing any insurance for the Instrument. 

6. RDG shall retain title to the Instrument at all times. Renter shall keep the Instrument free and clear of all levies, liens, and encumbrances. Renter’s failure to return the Instrument may constitute a crime and may subject Renter to criminal prosecution in addition to payment of replacement value of Instrument.

7. Renter does not have any option to purchase the Instrument.

8. Renter shall use the Instrument in a careful and proper manner and shall comply with and conform to all laws, ordinances, and regulation in any way relating to the possession, use, or maintenance of the Instrument.

 

9. If RDG is compelled to take legal action for non-payment of rental fees or recovery of the Instrument, Renter agrees to pay reasonable collection and/or attorney’s fees. Delinquent sums may be charged to Renter’s credit card and/or debit card.

 

10. Renter must inform RDG of any change of contact information and billing information, including, but not limited to: Renter’s legal name, billing address, phone number, email address, valid ID information, payment information (credit card number, expiration date, billing address associated with this payment information).

 

11. PRORATION: Rental fees will not be prorated. For Instruments rented at the monthly recurring rate, the monthly rate shall cover one month or any portion thereof. For Instruments rented at the weekly recurring rate, the weekly rental rate shall cover one week or any portion thereof.

 

12. Renter shall indemnify RDG against, and hold RDG harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from Renter’s use of the Instrument, including without limitation the selection, delivery, possession, use operation, or return of the Instrument.

 

13.The invalidity or unenforceability of any provision in this contract shall not cause any other provision to be invalid or unenforceable.

 

14. This Rental constitutes the entire agreement between the parties on the subject matter hereof and it shall not be amended, altered or changed except by a further writing signed by the parties hereto.

 

15. Renter agrees that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to the principles of conflict of laws, will govern the terms of this Rental and any dispute of any sort that might arise between RDG and Renter under this Rental.

 

16. DISPUTES. Any dispute or claim relating in any way to this Rental will be resolved by binding arbitration, rather than in court, except that Renter may assert claims in small claims court if his or her claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Rental as a court would. RDG and Renter each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, they each waive any right to a jury trial. Any dispute, claim or controversy arising out of or relating to this Rental or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by ADR Services, Inc. (“ADR Services”). The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal.The arbitration shall be conducted pursuant to the ADR Services’ Standard Arbitration Rules. The arbitration shall be commenced by filing a demand for arbitration with the administration of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counter-claim within fifteen (15) calendar days. If no response is filed, all the allegations of the demand shall be deemed denied.The parties shall select an arbitrator by mutual agreement through ADR Services within thirty (30) calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator.The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.

Updated March 7, 2025