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Instrument Rental Terms & Conditions
Houghton Horns, LLC · Last Updated: April 10, 2026
This Instrument Rental Agreement ("Agreement") is entered into between Houghton Horns, LLC ("Lessor," "we," "us," or "our") and the individual agreeing to these terms ("Lessee," "you," or "your"). By completing a rental checkout, you agree to be bound by the following terms.
Table of Contents
Eligibility & Representations
Ownership of Instrument
Payment Terms
Minimum Rental Term
Use, Care & Possession
Rent-to-Own Option
Returns & Termination
Damage, Loss & Liability
Service & Repairs
Optional Maintenance Plan
Default & Collections
Right of Repossession
Non-Transferability
Shipping & Delivery
Limitation of Liability
Dispute Resolution
Governing Law
Modifications to Terms
Severability
Entire Agreement
Electronic Signature & Consent
Contact Information
SECTION 01
Eligibility & Representations
By entering into this Agreement, you represent and warrant that:
You are at least 18 years of age.
All information you provide is true, accurate, and complete.
You possess a valid payment method in your name.
You agree to comply with all terms of this Agreement.
We reserve the right to refuse service, cancel any rental, or terminate this Agreement at our sole discretion.
SECTION 02
Ownership of Instrument
All instruments and accessories remain the sole property of Houghton Horns, LLC unless and until ownership is formally transferred through completion of a rent-to-own program or an authorized purchase.
You acquire no ownership interest in the instrument except as expressly stated in Section 6 of this Agreement.
SECTION 03
Payment Terms
3.1 Initial Payment
At checkout, you agree to pay:
An initial rental payment (typically equal to two months of rent)
All applicable taxes
Fees for any selected optional services
3.2 Recurring Payments
Monthly rental payments will be automatically charged to your payment method on file. Charges will continue until the instrument is returned to us or ownership is achieved through the rent-to-own program.
3.3 Payment Authorization
By entering into this Agreement, you expressly authorize Houghton Horns, LLC to:
Charge all applicable fees to the payment method you provide
Securely store your payment information for recurring billing
Retry failed or declined payment attempts
3.4 Failed Payments
Returned or declined payments may incur a $30.00 administrative fee. You will have three (3) business days to cure the payment default. After this cure period, a $5.00 per day late fee will apply until the balance is resolved.
Important: Continued failure to bring your account current may result in default, collection action, and additional fees as described in Section 11.
SECTION 04
Minimum Rental Term
The minimum rental period is three (3) months. Initial payments are non-refundable. Rental fees are not prorated for partial months.
SECTION 05
Use, Care & Possession
You agree to:
Maintain the instrument in good working condition
Use the instrument in a reasonable and proper manner consistent with its intended purpose
Keep the instrument at the address provided during checkout
Notify us promptly of any change of address
You are responsible for all components and accessories included with the instrument and must return them in original or equivalent condition. Missing or damaged components will be charged to your account.
SECTION 06
Rent-to-Own Option
A portion or all of your monthly rental payments may be applied toward eventual ownership of the instrument. Ownership will transfer to you only after all required payments have been made in full, or you exercise an eligible early-purchase option.
We retain full ownership and title to the instrument until that time. No equity or ownership interest accrues until the transfer conditions are fully satisfied.
SECTION 07
Returns & Termination
7.1 Voluntary Return
You may terminate this Agreement after the minimum rental term by requesting a return authorization and returning the instrument in accordance with our instructions. You are responsible for return shipping costs (unless otherwise stated) and all outstanding balances at the time of return.
7.2 Condition Upon Return
The instrument must be returned in playable condition with only normal wear. We reserve the right to assess additional repair or replacement charges for damage beyond normal use.
7.3 Non-Return
Failure to return the instrument when required may result in:
Charges up to the full replacement value of the instrument
Referral to a third-party collections agency
Legal action
Notice: Failure to return rented equipment may constitute theft under applicable Texas and federal law.
SECTION 08
Damage, Loss & Liability
8.1 Your Responsibility
You are fully responsible for any damage due to misuse, neglect, or abuse, as well as any loss, theft, or destruction of the instrument while in your possession.
8.2 Replacement Cost
In the event of loss, theft, or irreparable damage, you agree to pay the full replacement cost of the instrument, plus any applicable administrative fees.
8.3 Insurance
We strongly encourage you to insure the instrument under your homeowner's or renter's insurance policy for the duration of the rental.
SECTION 09
Service & Repairs
We guarantee basic playability of the instrument for the duration of the rental period. All repairs and service must be performed exclusively by Houghton Horns or a designee we authorize in writing.
Important: Unauthorized repairs are strictly prohibited and may void all repair and maintenance coverage under this Agreement.
Repair timelines are estimates only and are not guaranteed.
SECTION 10
Optional Maintenance Plan
10.1 Enrollment
You may elect to enroll in the Houghton Maintenance Plan ("Plan") at the time of rental or within thirty (30) days of the rental commencement date. Once enrolled, the Plan may not be canceled during an active billing cycle.
10.2 Monthly Fee
A recurring monthly fee will be added to your rental payment. The current fee amount is displayed at checkout and is subject to change with thirty (30) days' written notice.
10.3 Coverage
The Plan includes:
Accidental Damage: Repairs necessary to restore playability resulting from accidental damage.
Normal Wear & Tear: Correction of minor mechanical issues arising from ordinary use.
Annual Maintenance Service: One (1) professional service per 12-month enrollment period, including cleaning, lubrication, inspection, and basic adjustments.
10.4 Limitations
Coverage is limited to a maximum of two (2) repair claims per 12-month enrollment period. Coverage applies only while the Plan is active and your account is in good standing.
10.5 Exclusions
The Plan does not cover:
Loss or theft
Severe or catastrophic damage (as determined by Houghton Horns)
Intentional damage or vandalism
Cosmetic-only damage that does not affect playability
Damage resulting from neglect, abuse, or unauthorized modification
10.6 Repair Process
All repairs under the Plan must be pre-approved by Houghton Horns and performed by us or our authorized designee. We may require that the instrument be shipped to our facility for service. Shipping costs for Plan-covered repairs will be the responsibility of the Lessee unless otherwise specified.
SECTION 11
Default & Collections
If you fail to meet any obligation under this Agreement, we may:
Terminate this Agreement immediately
Require immediate return of the instrument
Hold you liable for all unpaid balances, replacement costs, and collection fees
Delinquent accounts may be referred to a third-party collection agency. Collection activity may be reported to credit bureaus as permitted by law.
SECTION 12
Right of Repossession
Upon default, we reserve the right, to the fullest extent permitted by applicable law, to recover possession of the instrument and pursue all available legal remedies, including but not limited to recovery of the instrument, damages, costs, and reasonable attorney's fees.
SECTION 13
Non-Transferability
This Agreement is personal to you and may not be transferred, assigned, or sublicensed to any other party without prior written consent from Houghton Horns, LLC. Any unauthorized transfer is void and constitutes a breach of this Agreement.
SECTION 14
Shipping & Delivery
Instruments will be shipped to the verified address you provide at checkout. Signature may be required upon delivery. The risk of loss or damage to the instrument transfers to you at the time of delivery (or attempted delivery, if you are unavailable to receive the shipment).
SECTION 15
Limitation of Liability
To the fullest extent permitted by law, Houghton Horns, LLC shall not be liable for any incidental, consequential, special, or punitive damages arising from or related to this Agreement, including but not limited to loss of use, delays in repair or replacement, or loss of performance opportunities.
Our total liability under this Agreement shall not exceed the total amount of rental payments you have made during the current rental term.
SECTION 16
Dispute Resolution
Any dispute arising under or in connection with this Agreement shall first be submitted to good-faith mediation. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered under the rules of the American Arbitration Association in Tarrant County, Texas. Each party shall bear its own costs unless otherwise awarded by the arbitrator.
Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm.
SECTION 17
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal proceedings not subject to the arbitration provision shall be brought in the courts of Tarrant County, Texas.
SECTION 18
Modifications to Terms
We reserve the right to modify these Terms & Conditions at any time. Material changes will be communicated to you via the email address on file at least thirty (30) days before taking effect. Your continued rental of the instrument after such notice constitutes acceptance of the updated terms.
SECTION 19
Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
SECTION 20
Entire Agreement
This document, together with any order confirmation or rental schedule provided at checkout, constitutes the entire agreement between you and Houghton Horns, LLC regarding instrument rental, and supersedes all prior or contemporaneous negotiations, representations, and agreements, whether written or oral.
SECTION 21
Electronic Signature & Consent
By accepting this Agreement electronically — whether by clicking "I Agree," checking a consent box, or completing a rental checkout — you acknowledge and agree that:
Your electronic signature is legally binding and carries the same force as a handwritten signature.
This Agreement is enforceable as a signed contract under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Texas Uniform Electronic Transactions Act.
You consent to receive all communications, notices, and disclosures related to this Agreement electronically.
SECTION 22
Contact Information
For questions regarding this Agreement, your rental, or to request a return authorization, please contact us:
Houghton Horns, LLC
Email: sales@houghtonhorns.com
Website: houghtonhorns.com
Houghton Horns, LLC
© 2026 Houghton Horns, LLC. All rights reserved.