Terms and Conditions 

Section 1) This agreement is made by, and between, Dixon Brothers Music (DBM), the company, and the applicant shown above, the customer, on the date indicated above. The Company agrees to provide the Customer with an instrument, bow, and case. The instrument, bow and case will be referred to as the “instrument” in this agreement.

Section 2) Instrument Rental Terms of Agreement: The Customer will rent from the Company on the terms and conditions of this agreement or in an attached addendum to this agreement. The Customer agrees to rent on a monthly or yearly basis at a rental fee stated above. This Agreement shall continue for an initial term for two (2) consecutive mo­­nths and thereafter automatically renew on a month-to-month basis. Auto-pay and credit/debit card customers will not receive a billing statement. Late fees are $5 each month when payment is 10 days past due. Rental Agreements that were paid one year up front will automatically renew annually for the full twelve months every year on the date this agreement was signed and submitted. 

 Section 3) Conversion to Purchase: At any time before termination of this agreement, this rental may be converted to a purchase of the instrument or another instrument DBM has for sale, provided the Customer’s account is in good standing. 100% of rental credit will be applied towards no more than 50% of the purchase price of any regularly priced instrument the company has in stock. Excess rent, if any, will not be refunded to the Customer. If the Customer wishes to trade the rental instrument for a higher-level rental model, the previous rental credit will still apply to the purchase of a new instrument.

Section 4) Inspection, Maintenance, and Loss: DBM inspects the instrument prior to renting it and affirms that it is in good playing condition. The Customer will keep the instrument in the same condition as when it was received. The Customer will notify DBM immediately of any loss or damage, and will arrange for only DBM to make any repairs. The Customer will pay for said repairs, no matter the cause.

Section 5) Liability Waiver Coverage (LWC): For an additional fee of $5.00 a month per instrument, the customer can receive Dixon Brothers Music’s Liability Waiver Coverage. The customer and the company agree that in the event that the customer’s instrument is destroyed or stolen, the company will replace the instrument with another instrument of approximately the same value after a deductible of $300 for violins, $350 for violas, $600 for cellos, and $1,000 for basses is received by the company. Dixon Brothers Music requires proof of such destruction or a copy of the police report within a reasonable amount of time in the event that the instrument is lost or stolen. LWC payments and paid deductibles do not accrue as rental credits towards the purchase price of any instrument and all accrued rental credits do not apply toward LWC deductibles. LWC String coverage is limited to four (4) replacement strings per billing cycle.

 Section 7) Cancellation / Termination: a) This Agreement may be terminated at any time for any reason after two (2) consecutive months starting from the date the instrument is received. This agreement will automatically terminate in the event that the customer becomes bankrupt, fails to make monthly payment within 30 days of its due date, or breaches any provision of this Agreement. Upon termination, the Customer will return the instrument immediately in the same condition, or will pay any costs required to restore to original condition. Until the instrument is returned, monthly rent and late charges of $5.00/ month will continue to accrue. The Customer remains liable for any damages or repairs during the rental period. The Customer will not be entitled to a refund for any payments already made if custoemr is on the monthly payment option.  

b) Return on Yearly Rental Agreements:  If a customer chooses the yearly payment option, the customer may return the instrument at any time and receive a a full refund they paid (less 2 months of rent and LWC payments) on any unused rental payments and any unused liabity waiver coverage (LWC). 

Section 8) Collections: a) The customer authorizes DBM to charge/ debit the account(s) given above for the amount specified above on a monthly or yearly basis, whichever is chosen in this rental agreement. If customer chose the yearly payment option, the customer authorizes DBM to automatically charge the customer's checking/savings account and/or debit credit card account every year on the date this rental agreement was submitted. If customer chose the monthly payment option, the customer authorizes DBM to automatically charge the customer's checking/savings account and/or debit credit card account every month starting on the 3rd month of this rental agreement on the date this rental agreement was submitted. The customer authorizes DBM to charge customer's bank account and/or credit/debit card at the time this rental agreement is submitted for the first 2 months of rent and LWC (if customer chose LWC) and any other add-ons or services were purchased. *Note: A 4% processing fee will apply to all Debit/ Credit Card transactions. 

b) The Customer will immediately return the instrument to DBM upon demand. If the customer does not return the instrument, the Customer will pay the full purchase price, plus any outstanding balance on the account. The Customer agrees to pay all collection costs, including, but not limited to, collection fees and attorney fees. If a check or ACH transaction comes back to DBM as a returned check or NSF, the customer agrees to pay $35.00 per such occurrence. A debit/ credit card declination fee is $35.00 per occurrence. The customer authorizes the company to charge the Customer’s credit/debit cards and/or checking accounts at any time without prior notification to the Customer for any unpaid amounts. The customer agrees that the company is not responsible and not liable for any overdraft fees or penalties that may be caused from charging the customer’s bank account or credit/ debit card account.

Section 9) Electronic Check: When the customer provides a check for the first 2 months of payment, the customer authorizes the company to use information from the check to make a one-time electronic fund transfer from your account to process the payment as a check transaction. When the company uses information from your check to make electronic fund transfers, funds may be withdrawn from the customer’s account as soon as the same day we receive your payment, and the customer will not receive their check back from their financial institution.

 Section 10) Instrument Return: Customer will email DBM (admin@dixonbrosmusic.com) to schedule an appointment for instrument drop off. The company will not pick up the customer's rental instrument. Instead, the customer must return it themselves to Dixon Brothers Music. All instrument/ bow and case damages will be paid for at time of instrument return. Customer authorizes DBM to charge the damages to specified payment information on this agreement and/or any other addendums to this agreement.  Customer will not be prorated any amount after their monthly billing is charged. Instrument, bow, and case must be returned in the same condition it was received. If the instrument is being shipped back to Dixon Brothers Music, the customer assumes the shipping costs and takes the liability for any damages that may occur during the shipping of the instrument. 

Section 11) Cellular Phone Contact Policy: By providing the Company with a telephone number for a cellular phone or other wireless device, including a number that the Customer later convert to a cellular number, the Customer is expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from the Company and the Company’s affiliates and agents at that number. This express consent applies to each such telephone number that the Customer provides to the Company now or in the future and permits such calls for marketing and non-marketing purposes. Calls and messages may incur access fees from the Customer’s cellular provider. The company is not responsible for reimbursement of such fees to the customer.

Section 12) The Rights of DBM: The Company can, without notice, delay enforcing Company rights, or exercise only part of them, or waive a right the Company has to one customer without waiving it for others, without losing any rights.

Section 13) Governing Law: The Customer agrees that Nevada law governs the terms of this Agreement and that Clark County is the only place where the Company or the Customer may file any action relating to this Agreement. The Customer agrees to pay the Company’s attorney fees and costs of any lawsuit relating to this Agreement, including appeal.

Section 14) Assigned Contract: The Customer cannot assign this Agreement.

Section 15) Time is of the Essence: The Customer understands that all payments required must be paid on the due date.

Section 16) Limit of Instrument Liability: Customer agrees when the company delivers the instrument to the agreed upon drop off location (home or school), the customer then takes full liability of the instrument, even when the school accepts it at the front office.

Section 16) Changes/ Updates to This Agreement: Customer agrees that the company may change the terms and conditions of this agreement and any addendum to this agreement with 30 days prior notice of such change. The customer will receive an email from the company to the email address listed above of such changes no less than 30 days before such changes occur. 

Section 17) Electronic Signature (e-Signature): Customer consents and agrees that their use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by customer in writing. Further, customer agrees that no certification authority or other third-party verification is necessary to validate their electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of customer’s signature or resulting contract between the customer and the company. Customer understands and agree that their e-Signature executed in conjunction with the electronic submission of customer’s rental agreement shall be legally binding and such transaction shall be considered authorized by the customer.