Contract

COSTUME RENTAL AGREEMENT

PRODUCTION INFORMATION

THE CONTRACT

Your initials below indicate your agreement and acceptance of the following Maine State Music Theater policies.

This letter will constitute a legal and binding agreement between Maine State Music Theatre (herein after known as MSMT) and THE CUSTOMER (herein after known as CUSTOMER), for the rental of costumes as specified on the inventory sheet (Schedule A).

SECTION 1 SELECTION OF COSTUMES: MSMT will have sole discretion in the selection of costumes. MSMT will select the costumes based on the script, in house costume plots and will be mindful of the overall aesthetic of the production. An authorized agent of the Customer may assist in the selection of costumes, when deemed necessary by the Customer and approved by MSMT. The Customer may provide MSMT with a full cast list and measurements; however MSMT will not alter any of the costumes selected. MSMT will make every effort to meet the Customers size requirements with what is available in stock. MSMT reserves the right to charge additional fees or decline rentals for special requests or for actors of extreme size. Costume accessories (wigs, ties, ascots, jabots, purses, jewelry, parasols, canes, footwear, undergarments, hosiery, petticoat) will not be provided unless they are a significant element of the costumes overall appearance. Any additional costumes accessories will be charged separately. INITIAL HERE_____

SECTION 2 RUSH FEES: Any order received less than 2 weeks prior to shipment will incur a fee of $20.00 per item. INITIAL HERE_____

SECTION 3 TERMS OF PAYMENT: Upon signing this agreement, the Customer will make a rental deposit in advance of 25% of rental amounts over $500 and full payment for rentals under $500 to secure the rental. The remaining 75% of the rental charges is due prior to removal or shipping of costumes. An additional refundable security deposit of 25% of the rental fee is required to cover any cleaning and repair costs. Cleaning and repairs will be deducted from the security deposit, the remainder of which is to be mailed to the Customer no later than thirty days after the costumes are returned. It is the sole discretion of MSMT to determine which items need to be cleaned, repaired or replaced. Should the cost of cleaning, repairs or replacement due to permanent damage exceed the amount of the security deposit, a final invoice will be issued in its place, due upon receipt to the Customer. A late charge of 1.5% per day will be added to any balance not paid within thirty days of final billing. MSMT only accepts payment by check or credit card. Checks are to be made payable to MSMT and sent to: 22 Elm Street Brunswick, Maine 04011. To pay by credit card, please fill out the credit card processing form on the last page of this document. INITIAL HERE_____

SECTION 4 CANCELLATIONS/RETURNS: Cancellations of partial or complete orders up to 1 week prior to shipment, will incur a cancellation fee of 15%, which will be deducted from any money collected. Cancellations of partial or complete orders packed for shipment will incur a cancellation fee of 50%, which will be deducted from any money collected and the Customer will be billed if necessary. A restocking/exchange fee of 50% of the individual items rental price will be charged for any item to be exchanged by the Customer if the size is incorrect or the item is deemed unacceptable for whatever reason. All requests for exchanges must be submitted to MSMT within 48 hours of receipt of the costumes by the Customer. Any costume not used for any reason that is returned prior to date of opening will receive a 25% refund of the individual items rental price. The Customer agrees that any costumes not used for any reason that are not returned prior to the date of opening will not receive a refund. All shipping charges for returns prior to the date of opening will be the sole responsibility of the Customer. INITIAL HERE_____

SECTION 5 CERTIFICATE OF INSURANCE: An agent’s certificate of insurance, insuring only those items rented from MSMT shall be provided by the Customer. The items are to be insured while in transit to and from MSMT and for the entire period between shipment and return. The Customer agrees to be liable for the full expense of repair or replacement of permanently damaged, destroyed or lost items according to the valuation indicated on Schedule A. In the event that any or all garments are permanently damaged, destroyed or lost in transit or while in the Customers care, MSMT will claim the full replacement value from the Customers insurance. INITIAL HERE_____

SECTION 6 ALTERATIONS: Costumes will be provided to Customer in the closest size available to the measurements provided to MSMT. Costumes may be altered, upon consent of MSMT (this document does not imply or give consent), and executed only in such a way that the garment can be easily restored to its original condition. Safety pins, hand tacks and machine stitching are acceptable forms of alterations. Under no circumstance are any adhesives (all tapes and glues) allowed to be used to assist or comprise an alteration. All alterations must be able to be restored to their original state. Absolutely no cutting off of fabric or seam allowance and no clipping of seam allowances is allowed.  No dyeing or distressing is allowed.  No elements of the costume (sleeves, collars, skirts, trims, etc) are to be removed, redesigned, or reconfigured, without prior consent. All costumes and accessories must be returned to their original condition (including removal of all safety pins, hand tacks or machine stitching) before return, or the Customer will incur additional charges at the discretion of MSMT. Any item returned that is deemed to have any degree of permanent damage may be subject to be billed for the full replacement value. INITIAL HERE_____

SECTION 7 CARE OF GARMENTS: The Customer agrees that all items shall be used only for the purposes and in the manner for which they are intended. Under no circumstances are knee slides allowed in any costume, by any one, at any time. Any item with evidence of knee slides will be considered permanently damaged and the Customer will be billed for the full replacement value. Dry cleaning is determined on an as needed basis. If the item does require dry cleaning, MSMT will deduct the charges from the security deposit. All items shall be maintained and returned to MSMT in the condition in which Customer received then as enumerated in Schedule B. Failure to due so will result in charges at the discretion of the MSMT. These charges may include but are not limited to: failure to replace MSMT tags, safety pins in place during travel, make up stains and poor restoration or failure to restore alterations. Laundry is permitted during the course of a show run that is longer than 1 week. Please follow care instructions listed on Schedule A and B. Customer agrees to contact MSMT at any time with questions regarding care. Any item that has been damaged due to poor execution of care instructions will be considered permanent and the Customer will be billed for the full replacement value. Dry cleaning of any kind during the show run is not permitted, unless it has been approved by MSMT. Should dry cleaning be approved, the Customer will be responsible for all charges associated. If the items are not in the condition stated on Schedule B when the Customer receives them, the Customer must notify MSMT, in writing, within 48 hours of receipt of the costumes. INITIAL HERE_____

SECTION 8 WARDROBE EMERGENCY: If, at any point in time while in the care of the Customer, the costume comes in contact with anything that could leave a permanent mark (ink, dye, food, human or animal waste, grease, oil, paint, dirt, etc) the Customer agrees, without question or doubt, to contact the rental coordinator named on this contract immediately. Any attempt to remove a stain without prior consent will result in the Customer being charged for the full replacement value of the item in question as staining is considered permanent damage. It is imperative that the Customer contact MSMT as soon as the incident is known, as most stains can be removed with appropriate, immediate action. Emergency contact information can be found on the final page of this document. INITIAL HERE_____

SECTION 9 SHIPPING OF GARMENTS: The Customer is solely responsible for the pick-up and return of all items to and from the Costume Division of MSMT, and for all related expenses. All pertinent shipping dates can be found in the Production Information section on the first page. The Customer agrees to repack each box the same way it was packed upon receipt by the Customer. Failure to cover the costumes in plastic, correctly pack the box and include the appropriate inventory will result in additional fees at the discretion of MSMT. Furthermore, the Customer is solely responsible for payment of shipping costs, both from and to the MSMT Costume warehouse, including pickup, rush fees and carrier insurance surcharges if applicable. MSMT will not prepay shipping. The Customer will provide a shipping account number for FedEx or a credit card for payment. MSMT will declare the value of each box, for each shipment, on the shipping label. The Customer will also declare the value of each box, for each shipment. The value will be determined by adding the value of each item in each box, per Schedule A. All items shall be returned to the warehouse by appointment with the rental coordinator, except when the items are being shipped, in which case the Customer will notify MSMT of the date and time of shipment, and provide the necessary tracking information. MSMT will only ship via FedEx. MSMT will not ship via USPS or UPS. The Customer agrees to only ship via FedEx and not via USPS or UPS. If the Customer ships via USPS or UPS, there will be additional charges at the discretion of MSMT. MSMT will make every effort to ensure the safe carriage of costumes, but will not be held liable for any damages incurred while in transit. MSMT will claim full replacement value for items lost, damaged or destroyed while in transit either to or from the Customer on the Customers insurance. Any rush charges must be pre-approved by the Customer. MSMT will not be held liable for any fault, error or mistake of the shipping carrier including damages, delays or lost boxes to or from the Customer. The shipping address for MSMT is: Maine State Music Theater Costume Rental 14 Maine St Suite 216 Brunswick ME 04011. MSMT will include return shipping labels. Failure to properly address the box for return which causes it to be delivered to an incorrect address will result in a fine of $100 per box. INITIAL HERE_____

SECTION 10 PENALTY FOR LATE RETURNS: All costumes are due back at MSMT no later than 10 days after the date of the final performance of the production as stated in the Production Information section. The return due date is listed on the first page of this document. If the costumes are returned after this period, the Customer will be charged a late fee of ten percent (10%) of the base package price, per day. INITIAL HERE_____

SECTION 11 PACKING / PULLING & RESTOCKING FEES: On each rental a non-refundable Packing / Pulling / Restock Fee of 10% of the rental cost will be added to the total package price. INITIAL HERE_____

SECTION 12 NON-LIABILITY OF MSMT: In no event shall MSMT be responsible or liable to the Customer or any third party (independent contractors, agents, employees, volunteers, etc) for special, incidental, consequential, exemplary, punitive, multiple or other indirect damages (including death, personal injury or property damage) or for loss of profits or loss of use damages, arising out of the products or services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, even if MSMT has been advised of the possibility of such damages or losses. Furthermore, the Customer agrees to use the costumes or other items specified on the attached inventory sheet at the Customer’s own risk. In addition, MSMT’s aggregate liability arising out of products and services related thereto, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the applicable costume rental valuation as agreed upon by the Customer for the applicable product or services. INITIAL HERE_____

SECTION 13 ACTS OF GOD: The Customer agrees that the cancellation of an order due to an Act of God (fire, flood, hurricane, tornado, blizzard or ice storm) to either MSMT or the Customer, while under the binding agreement of this contract, will not result in a refund of payments made. If the order is rescheduled within one year, MSMT will credit the payments previously made towards that specific order. INITIAL HERE_____

SECTION 14 ACKNOWLEDGMENT: The Customer shall state in its Production Program: “The Producers would like to thank the Maine State Music Theatre Costume Rental for its assistance in this production.”  The customer will provide MSMT with a copy of the program. Failure to include a copy of the program in the return shipment will result in a $50 fine. INITIAL HERE_____

SECTION 15 ENFORCEMENT OF AGREEMENT: If it becomes necessary for MSMT to employ an attorney to enforce the terms of this Agreement or collect any sum of money due hereunder, the Customer agrees to pay all costs and expenses of collection or enforcement incurred by MSMT, including but not limited to MSMT’s reasonable attorneys’ fees and costs. INITIAL HERE_____

SECTION 16 REQUIRED DOCUMENTATION: MSMT will not ship or allow pick up of any item until the following have been received:

A: Full payment of rental fee
B: Refundable Security Deposit
C: Signed Costume Rental Agreement
D: Certificate of Insurance

E: Shipping Charge Payment

SECTION 17 SIGNATURES:

AGREED AND ACCEPTED BY: WRITTEN AND SUBMITTED BY:

THE CUSTOMER                                        MAINE STATE MUSIC THEATRE

PRINT:________________________           PRINT:_________________________

SIGN: _________________________          SIGN: __________________________

DATE:__________                                        DATE:___________

Customer’s representative                            Rental Coordinator, MSMT

FOR WARDROBE EMERGENCIES CALL THIS NUMBER: 207-607-1154.