Owner Terms and Renter Terms

These Owner Terms apply to any user who lists an Item for rental through the HeyFestus Platform. By listing an Item, you agree to these Owner Terms, which are incorporated into the HeyFestus Marketplace Terms of Service.

When listing an Item, the Owner represents and warrants that:

• The Owner is the sole legal owner of the Item or has explicit, documented legal authority to rent it.
• The Item is not stolen, counterfeit, recalled, subject to unresolved lien restrictions, or otherwise illegal to rent.
• Required Listing Fields: The listing description must be completely accurate and include the make/model, clear photographs, known defects, missing parts, included accessories, fuel/battery limits, capacity/load limits, safety requirements, pickup location, and availability.

The Owner represents and warrants that:

• The Item is in safe, functional, and good working condition, and has been properly maintained.
• The Owner will provide the Renter with all necessary instructions, manuals, warnings, required safety accessories, and legally required documentation prior to or at the time of handoff.
• Unsafe Listing Duty: The Owner must immediately pause or remove a listing if the Item becomes unsafe, damaged, recalled, unavailable, or materially different from the listing description.

Custody Transfer: Possession, control, and financial responsibility for the Item transfer from the Owner to the Renter at the exact moment the pre-rental condition record is completed, and the Renter takes physical possession of the Item.

Handoff Records: The Owner must complete the HeyFestus pickup and return condition records, including time-stamped photographs, at the time of handoff and return.

Payouts: Owners receive payouts via Stripe Connect, minus HeyFestus platform fees. Payouts are typically initiated after a successful rental completion, subject to hold rights for disputes or investigations.

Anti-Circumvention: Owners may not accept off-platform payments for rentals originating on HeyFestus.

Compliance & Taxes: Owners must comply with all local laws, including zoning, business licensing, equipment registration requirements, sales/rental tax collection, and income reporting obligations.

Insurance: Owners are solely responsible for ensuring their personal or commercial insurance policies cover peer-to-peer rental activities. Personal insurance policies often exclude commercial rental activity. Owners should obtain written confirmation from their carrier that peer-to-peer rental is covered.

Prohibited Listings: Owners may not list high-risk equipment categories as defined by HeyFestus, such as chainsaws and vehicles, without explicit prior written approval.

Evidence Preservation: Owners must retain all handoff photos, receipts, and communication records for at least 12 months following a rental.

These Renter Terms apply to any user who requests, books, receives, uses, or returns an Item through the HeyFestus Platform.

By booking an Item, the Renter represents and warrants that they are legally permitted, qualified, trained, and physically able to operate the Item safely. The Renter voluntarily assumes all risks of injury, death, or property damage associated with the use of the Item.

Duty to Inspect: The Renter must thoroughly inspect the Item, all accessories, instructions, warnings, and the condition record prior to accepting custody.

Failure to Inspect: If the Renter accepts custody of the Item without conducting an inspection or without documenting pre-existing damage in the condition record, the Renter waives the right to later claim that damage was pre-existing.

During the rental period, the Renter must use the Item solely for lawful, ordinary, intended purposes. The Renter shall NOT allow unauthorized individuals to use the Item, subrent the Item, tamper with safety features, or use the Item while impaired.

Safety & PPE: The Renter must use all required personal protective equipment (PPE), follow manufacturer instructions, and comply with all safety warnings.

Stop-Use Duty: The Renter must immediately stop using the Item if it malfunctions, appears unsafe, or operates outside of normal parameters.

Timely Return: The Renter must return the Item to the agreed-upon location at or before the scheduled return time, in the exact same condition as received, ordinary wear and tear excepted.

Abandonment: If the Renter fails to return the Item within 48 hours of the scheduled return time without obtaining an authorized extension through the Platform, the Item may be treated as unreturned, abandoned, or potentially stolen, depending on the facts and applicable law.

Recovery Rights and Charges: In the event of abandonment, HeyFestus and/or the Owner reserve the right to report the Item to law enforcement, engage private investigators or repossession agents to recover the Item, and charge the Renter's payment method for all resulting costs, including the full replacement value of the Item, late fees, and recovery expenses.

Damage Liability: The Renter is fully responsible for all physical damage, loss, or theft of the Item during the rental period to the fullest extent permitted by law, except to the extent caused by documented pre-existing conditions or Owner misconduct.

Third-Party Liability: The Renter is solely responsible for any third-party bodily injury or property damage arising from the Renter's use, custody, misuse, or failure to return the Item.

Incident Reporting: The Renter must immediately report any accident, damage, or theft to the Owner and HeyFestus.

The Renter agrees to pay all applicable late return fees, excessive cleaning fees, and replacement costs for missing accessories as outlined in the Damage, Deposit, and Dispute Policy.