Rental Terms and Conditions

MAINSTAGE KEYBOARD PROGRAMMING RENTAL TERMS & CONDITIONS

1. AGREEMENT TO TERMS

This agreement (“Agreement”) is made between MagicFox Entertainment LLC, d/b/a MagicFox Theatrical (“MagicFox”), and the entity or individual (“Renter”) renting keyboard programming (“programming,” “products,” or “services”) for use in a live theatrical production. For the purposes of this Agreement, “Renter” includes the renting organization as a whole, as well as all individuals associated with the production, including but not limited to administrative staff, Music Directors, crew, and keyboard players. The individual agreeing to these terms affirms that they have the authority to do so on behalf of the renting organization and that the organization and all associated individuals are bound by this Agreement. The individual agreeing to these terms shall be responsible for ensuring that all relevant parties involved in the production are informed of and comply with these terms.

These terms are subject to change at any time without notice. Any changes shall apply only to future rental agreements and shall not affect rentals that are already in progress, which will remain subject to the terms in effect at the time the rental commenced.

2. SCOPE OF RENTAL & APPROVAL

The prices publicly listed on the MagicFox website are intended solely for short-term, limited engagement productions. Renters desiring to use the programming for longer durations or open-run productions (including but not limited to Broadway, off-Broadway, and tours) should contact MagicFox to request a customized rental package.

MagicFox reserves the right, at its sole discretion, to approve or deny rental requests for any reason and without explanation.

3. PERFORMANCE LICENSE REQUIREMENT

It is Renter’s responsibility to secure all necessary performance rights or licenses from the appropriate rights holder. MagicFox shall only provide programming to Renters who furnish evidence of a valid performance license.

4. LICENSE GRANT & RESTRICTIONS

MagicFox grants Renter a limited, non-exclusive, non-transferable license to use the rented programming solely for the production and duration specified in Renter's licensing agreement. Renter may use the programming for brief promotional recordings, such as radio or television commercials, but may not use the programming for any other production, event, or purpose without prior written consent from MagicFox.

Renter is strictly prohibited from distributing, copying, sublicensing, selling, or otherwise transferring any part of the programming to any third party by any means. The programming is watermarked with Renter’s name and production dates to enforce compliance. Any violation of these terms will result in legal action to the fullest extent permitted by law.

5. OWNERSHIP & MODIFICATIONS

MagicFox retains full ownership of the programming, including any modifications or alterations made by Renter. Any changes made to the programming do not grant Renter ownership rights. Renter acknowledges that the programming remains the sole property of MagicFox.

6. RENTAL TERM & DESTRUCTION OF FILES

Renter agrees that this rental is for a single production only. The programming rental term ends at the conclusion of Renter's closing performance as listed in Renter's performance license. Renter agrees to permanently delete all copies of the programming immediately upon the conclusion of the rental term. Retaining, archiving, reusing, or repurposing any part of programming beyond the agreed rental period is strictly prohibited.

7. USE OF RENTER'S OWN EQUIPMENT

Unless otherwise arranged in a separate equipment rental agreement, MagicFox does not provide physical hardware or computer equipment. For each keyboard, Renter shall use Renter’s own suitable equipment, including but not limited to a dedicated Macintosh computer meeting or exceeding minimum specifications, a MIDI controller with necessary pedals and cables, and an audio interface.

Unless otherwise specified, all keyboard programming provided is for use with Apple’s MainStage software. MagicFox does not provide or include a license for MainStage. Renter is solely responsible for purchasing, installing, and maintaining a licensed copy of MainStage on Renter’s own computer.

8. TECHNICAL SUPPORT

Due to the complexity and variables inherent in the setup and use of programming with Renter’s own equipment not owned or maintained by MagicFox, MagicFox is unable to provide technical support beyond the resources freely provided online. Renter acknowledges that compatibility, installation, and operational issues may arise depending on their individual hardware, software, and configuration, and that resolving such issues falls outside the scope of this Agreement.

9. WARRANTIES & LIMITATION OF LIABILITY

Programming is provided “as-is” without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. MagicFox is not responsible for any technical issues, compatibility problems, or damages arising from the use of the programming. As MainStage is developed and maintained by Apple, MagicFox is unable to guarantee its reliability, stability, or performance.

10. REFUNDS

All rental fees are final and non-refundable. MagicFox does not offer refunds for any reason, including but not limited to technical difficulties, production cancellations, or changes in production needs.

11. PROGRAM BILLING

Program billing is not required. Whenever possible, MagicFox appreciates Renter providing billing in substantially the following form:

Keyboard Programming: MagicFox Theatrical

12. AFFILIATION DISCLAIMER

MagicFox is an independent entity and is not affiliated with or endorsed by Apple or performance rights organizations.

13. SEVERABILITY

If any provision of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall remain in full force and effect.

14. GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising from this agreement shall be resolved in the appropriate courts of that jurisdiction.

By proceeding with the rental, Renter acknowledges and agrees to all terms and conditions outlined in this agreement.

Last modified: August 7, 2025