Marketplace Terms and Conditions
Effective Date: 1/1/2020
Please read these Terms and Conditions (“Terms”) carefully before accessing or using the marketplace platform (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
1. Platform Purpose
The Platform serves as a marketplace that connects individuals who own tennis/pickleball machines (“Owners”) with individuals seeking to rent such machines for personal, non-commercial use (“Renters”).
2. Role of the Platform
The Platform is a facilitator and does not own, control, or inspect any of the equipment listed. The Platform does not assume responsibility for the condition, quality, safety, legality, or availability of any tennis/pickleball machine offered or rented through the Platform.
3. Owner Responsibilities
- Owners must provide accurate, complete, and up-to-date information about each tennis/pickleball machine, including its condition, availability, rental terms, and any applicable restrictions.
- Owners are solely responsible for ensuring that their machines are in safe and working condition prior to each rental.
- Any maintenance or repair costs incurred during or after a rental are the sole responsibility of the Owner, unless otherwise agreed in writing with the Renter.
4. Renter Responsibilities
- Renters must review each listing carefully, including availability, rental rates, and any specific terms set by the Owner, prior to submitting a rental request.
- Renters agree to treat rented equipment with care and to return it in the same condition in which it was received, reasonable wear and tear excepted.
5. Rental Agreements and Disputes
- All rental terms, including pick-up/drop-off logistics, duration, and additional terms, are to be negotiated and agreed upon directly between the Owner and Renter.
- The Platform is not a party to any rental transaction and will not be held responsible for any disputes, damages, or liabilities that may arise. All disputes must be resolved directly between the involved parties.
6. Fees and Payments
- The Platform may charge a service fee or commission for facilitating rental transactions. Any applicable fees and payment terms will be disclosed to both parties prior to confirming a rental.
7. Compliance with Laws
- All users agree to comply with applicable local, state, and federal laws related to the listing, rental, and use of tennis/pickleball machines.
8. Limitation of Liability and Indemnification
- Assumption of Risk: Renters acknowledge and agree that the use of any rented tennis/pickleball machine involves inherent risks, including but not limited to personal injury, property damage, or other potential hazards. Renters voluntarily assume all such risks.
- No Liability: To the maximum extent permitted by law, Renters agree not to hold the Platform, its affiliates, employees, agents, or the Owner of the equipment liable for any claims, losses, damages, injuries, or expenses arising out of or in connection with the rental or use of any tennis/pickleball machine.
- Indemnification: Renters agree to defend, indemnify, and hold harmless the Platform and the Owner from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- the use, misuse, or improper operation of any rented equipment;
- violation of these Terms;
- breach of any applicable laws or third-party rights.
9. Account Suspension and Termination
- The Platform reserves the right to suspend or terminate any user account at its sole discretion if it determines that a user has violated these Terms, engaged in fraudulent or illegal activity, or otherwise acted in a way that harms the integrity of the Platform or its users.
