Terms & Conditions

MAINTENANCE EQUIPMENT RENTAL PLATFORM — WAIVER, RELEASE, AND TERMS & CONDITIONS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and The Journeyman App, including its owners, officers, directors, employees, agents, affiliates, contractors, and representatives (collectively, the "Company," "we," "us," or "our"). By accessing or using Journeyman (the "Platform"), creating an account, listing a tool, renting a tool, communicating with another User, or otherwise participating in a transaction through the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. NATURE OF THE PLATFORM
Journeyman is an online marketplace that facilitates connections between individuals and/or businesses who wish to rent tools and equipment to one another. The Company is not the owner, manufacturer, distributor, seller, lender, renter, lessor, lessee, mechanic, inspector, or operator of tools listed on the Platform unless expressly stated otherwise. The Company merely provides technology and marketplace services that may allow Users to:

- List tools or equipment for rental;
- Search for tools or equipment;
- Communicate with other Users;
- Arrange rental transactions; and
- Process or facilitate payments through third-party payment providers.

Unless expressly stated otherwise, the rental agreement is directly between the User providing the tool ("Owner") and the User renting the tool ("Renter").

2. USER RESPONSIBILITY
Users are solely responsible for their conduct and participation in any transaction conducted through the Platform. Owners are solely responsible for:

- The accuracy of their tool listings;
- The condition, maintenance, and safety of their tools;
- Disclosing known defects, damage, limitations, recalls, or hazards;
- Providing accurate operating instructions and safety information;
- Determining whether a tool is suitable for rental;
- Complying with all applicable laws, regulations, and manufacturer requirements; and
- Determining whether a prospective Renter is qualified or suitable to use the tool.

Renters are solely responsible for:

- Inspecting a tool before use;
- Determining whether they are qualified and competent to operate it;
- Reading and following all manufacturer instructions and safety warnings;
- Using appropriate personal protective equipment;
- Using the tool only for its intended purpose;
- Complying with all applicable laws and regulations;
- Ensuring the work area is reasonably safe; and
- Returning the tool in accordance with the rental agreement.

ASSUMPTION OF RISK
YOU ACKNOWLEDGE THAT THE USE OF TOOLS AND EQUIPMENT MAY INVOLVE SERIOUS AND INHERENT RISKS, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, SERIOUS BODILY INJURY, PERMANENT DISABILITY, ELECTROCUTION, BURNS, LACERATIONS, AMPUTATION, DEATH, FIRE, AND OTHER HARM. BY USING THE PLATFORM OR PARTICIPATING IN A RENTAL TRANSACTION, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH OBTAINING, TRANSPORTING, POSSESSING, OPERATING, MAINTAINING, REPAIRING, OR OTHERWISE USING ANY TOOL OR EQUIPMENT OBTAINED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT SUCH RISKS MAY ARISE FROM, AMONG OTHER THINGS:

- Improper operation;
- Lack of experience or training;
- Defective or damaged equipment;
- Normal wear and tear;
- Hidden or unknown defects;
- Failure to follow instructions;
- Failure to use protective equipment;
- Negligence or misconduct by another User;
- Incorrect information provided by another User;
- Unsafe work conditions;
- Equipment failure;
- Electrical, mechanical, chemical, or other hazards; and
- Acts or omissions of third parties.

YOU ACCEPT THESE RISKS VOLUNTARILY AND ASSUME FULL RESPONSIBILITY FOR YOUR OWN SAFETY AND THE SAFETY OF PERSONS AFFECTED BY YOUR ACTIVITIES.

4. RELEASE AND WAIVER OF CLAIMS
To the fullest extent permitted by applicable law, you hereby release, waive, discharge, and agree not to sue the Company and its owners, officers, directors, employees, agents, affiliates, contractors, service providers, successors, and assigns (collectively, the "Released Parties") for claims arising out of or relating to:

- Your use of any tool or equipment obtained through the Platform;
- Any rental transaction;
- Any injury, illness, disability, death, or property damage;
- The condition, operation, maintenance, or suitability of a tool;
- Any act or omission of an Owner or Renter;
- Any information contained in a listing;
- Any failure or malfunction of equipment;
- Any dispute between Users; or
- Your access to or use of the Platform.

This release applies to claims based on any legal theory to the maximum extent permitted by law, including claims based on negligence, except to the extent such a waiver is prohibited by applicable law. Nothing in these Terms is intended to waive or release liability that cannot legally be waived or released.

5. PLATFORM NOT RESPONSIBLE FOR TOOLS OR USER CONDUCT
The Company does not guarantee that any tool listed on the Platform:

- Is safe;
- Is in working condition;
- Is properly maintained;
- Is free from defects;
- Is accurately described;
- Is suitable for a particular purpose;
- Has been inspected by the Company;
- Is legally available for rental;
- Complies with manufacturer recommendations; or
- Is appropriate for your intended use.

The Company does not supervise, direct, or control the activities of Users. The Company is not responsible for the actions, omissions, representations, warranties, negligence, misconduct, or criminal conduct of any User.

INSPECTION AND SAFETY
RENTERS MUST PERSONALLY INSPECT ALL TOOLS AND EQUIPMENT BEFORE USE. YOU AGREE NOT TO USE A TOOL IF YOU BELIEVE IT IS DAMAGED, DEFECTIVE, UNSAFE, IMPROPERLY MAINTAINED, SUBJECT TO A RECALL, OR OTHERWISE UNSUITABLE. IF YOU IDENTIFY A SAFETY ISSUE, YOU AGREE TO IMMEDIATELY STOP USING THE TOOL AND NOTIFY THE OWNER AND THE COMPANY. THE COMPANY DOES NOT HAVE AN OBLIGATION TO INSPECT, TEST, CERTIFY, MAINTAIN, REPAIR, OR MONITOR TOOLS LISTED ON THE PLATFORM.

NO PROFESSIONAL OR SAFETY ADVICE
Information provided through the Platform, including tool descriptions, User reviews, photographs, operating information, recommendations, or communications between Users, is provided for informational purposes only. The Company does not provide professional, engineering, construction, electrical, mechanical, safety, or other expert advice. You are solely responsible for determining whether you possess the knowledge, training, qualifications, licenses, and experience necessary to safely use a particular tool.

7. PROHIBITED USES
You may not use any rented tool:

- For an unlawful purpose;
- In violation of applicable laws or regulations;
- In a manner contrary to manufacturer instructions;
- In a manner that creates an unreasonable risk of injury or property damage;
- If you are not legally permitted or qualified to operate it;
- While impaired by alcohol, drugs, medication, fatigue, or any other condition affecting your ability to safely operate the tool; or
- In any manner prohibited by the Owner's rental terms.

The Company may remove listings or suspend accounts that violate these Terms.

DAMAGE, LOSS, AND THEFT
The Renter is responsible for the tool from the time possession is transferred to the Renter until the tool is returned to the Owner, subject to the terms of the applicable rental agreement and applicable law. Unless otherwise agreed between the Users, the Renter may be responsible for loss, theft, damage, destruction, or unreasonable wear and tear occurring during the rental period. Users are responsible for resolving disputes concerning damage, loss, theft, deposits, fees, or other rental obligations.

10. INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO:

1. Your use, possession, transportation, operation, maintenance, or misuse of any tool or equipment;
2. Your participation in a rental transaction;
3. Your breach of these Terms;
4. Your violation of any law, regulation, or third-party right;
5. Your negligence, recklessness, willful misconduct, or intentional acts;
6. Injury, death, or property damage caused by your acts or omissions;
7. Any claim made by another person arising from your use of a rented tool;
8. Damage to or loss of rented property while in your possession; or
9. Any dispute between you and another User.

This indemnification obligation includes claims brought by third parties, including claims involving personal injury, death, or property damage, to the extent permitted by applicable law.

10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR ANY TOOL RENTED THROUGH THE PLATFORM.

To the maximum extent permitted by law, the Company's total aggregate liability arising out of or relating to your use of the Platform or these Terms shall not exceed the greater of:

a. the amount of fees you paid to the Company during the twelve (12) months preceding the event giving rise to the claim; or
b. $100. Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
c. DISCLAIMER OF WARRANTIES. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. The Company makes no warranties, express or implied, regarding:

- The safety or condition of any tool;
- The accuracy of any listing;
- The qualifications of any User;
- The availability or reliability of any tool;
- The suitability of any tool for a particular purpose;
- The conduct of any User;
- The accuracy or completeness of information provided by Users; or
- The uninterrupted or error-free operation of the Platform.

To the maximum extent permitted by law, the Company disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13. USERS ARE INDEPENDENT PARTIES
The Company does not create an employment, agency, partnership, joint venture, franchise, or other legal relationship between Users. Users are independent parties engaging in transactions with one another. The Company is not a party to the underlying rental agreement between Users unless expressly stated otherwise.

THIRD-PARTY SERVICES
The Platform may rely on third-party services, including payment processors, identity verification providers, hosting providers, communication services, insurance providers, and other technology providers. The Company is not responsible for the acts or omissions of third-party service providers to the maximum extent permitted by law.

INSURANCE
Users are solely responsible for determining whether they require insurance for their activities. Owners and Renters are strongly encouraged to maintain appropriate insurance coverage, including, where applicable, homeowners, renters, commercial general liability, equipment, automobile, or other insurance. The Company does not represent that any insurance policy maintained by a User will cover injuries, losses, property damage, tools, rental transactions, or claims arising from use of the Platform.

REPORTING ACCIDENTS AND SAFETY INCIDENTS
If an accident, injury, equipment failure, or other serious safety incident occurs involving a tool rented through the Platform, Users should immediately:

1. Stop using the equipment;
2. Seek emergency medical assistance when appropriate;
3. Contact emergency services when necessary;
4. Preserve the equipment and relevant evidence where reasonably possible; and

Notify the Company as soon as reasonably practicable. Reporting an incident to the Company does not mean that the Company accepts responsibility or liability for the incident.

15. AGE AND ELIGIBILITY
You must be at least 18 years old to use the Platform unless otherwise permitted by applicable law. Certain tools may require additional age restrictions, licenses, certifications, training, or qualifications. You are solely responsible for complying with all such requirements.

DISPUTES BETWEEN USERS
The Company encourages Users to resolve disputes directly and in good faith. To the maximum extent permitted by law, the Company is not responsible for resolving disputes concerning the condition of tools, injuries, property damage, payments, deposits, cancellations, rental terms, or other disagreements between Users. The Company reserves the right, but does not assume an obligation, to assist with disputes or take action against accounts that violate these Terms.

19. DISPUTE RESOLUTION AND ARBITRATION
To the extent permitted by applicable law, disputes between you and the Company may be required to be resolved through binding individual arbitration rather than in court. You may also have the right to opt out of arbitration within a specified period.