Effective Date 07/25/26

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Welcome to Fermata. These Terms & Conditions ("Terms") govern your access to and use of the Fermata mobile application, website, and related services (collectively, the "Platform").

By accessing or using Fermata, you agree to be bound by these Terms.

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About Fermata

Fermata is a peer-to-peer marketplace that enables musicians, producers, DJs, creators, studios, venues, and other users to connect for the purpose of renting, buying, selling, and sharing musical instruments, audio equipment, production gear, and related services.

Fermata acts solely as a technology platform and is not a party to transactions between users.

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Eligibility

Renting, Browsing, and Community Features

Users under the age of 18 may access Fermata and participate in rentals only with the consent and supervision of a parent or legal guardian, where permitted by applicable law.

Parents or guardians are responsible for all activity conducted by minors using their account or under their supervision.

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Selling Equipment

To create listings, sell equipment, receive payments, or operate as an equipment owner on the Platform, users must be at least 18 years old and legally capable of entering into binding contracts.

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General Requirements

All users agree to:

-Provide accurate and current information.

-Comply with applicable laws and regulations.

-Maintain the security of their account.

-Use the Platform responsibly and in accordance with these Terms.

Fermata reserves the right to request age verification and to suspend or terminate accounts that do not meet these eligibility requirements.

 

User Accounts

Users are responsible for:

-Maintaining the security of their account.

-Keeping login credentials confidential.

All activities that occur under their account.

You agree to notify Fermata immediately of any unauthorized use of your account.

 

Marketplace Transactions

Fermata facilitates connections between users but does not own, inspect, store, or control listed items.

Users are solely responsible for:

Item descriptions

-Pricing

-Availability

-Delivery arrangements

-Rental agreements

-Condition of equipment

-Fermata does not guarantee the quality, safety, legality, or accuracy of any listing.

 

Rentals

Users participating in rentals agree that:

-Equipment must be returned in the condition received, subject to normal wear and tear.

-Rental periods must be honored.

-Late returns may result in fees determined by the owner.

-Damage, loss, or theft may result in additional charges.

 

Any disputes regarding equipment condition remain between participating users.

 

Buying and Selling

Buyers and sellers are responsible for:

-Verifying item condition.

-Confirming payment arrangements.

-Ensuring lawful ownership and transfer of listed items.

Fermata is not responsible for product defects, counterfeit items, or misrepresentations made by users.

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User Responsibility for Equipment Ownership

Users who list equipment on Fermata represent and warrant that they are the lawful owner of the equipment or have the legal authority and permission to rent, sell, or otherwise make the equipment available through the Platform.

By creating a listing, users agree that:

-They have the legal right to list the equipment.

-The equipment is not stolen, counterfeit, fraudulently obtained, or subject to any legal restrictions preventing its rental or sale.

-All listing information, including ownership, condition, specifications, and photographs, is accurate and not misleading.

-They are solely responsible for ensuring their listings comply with all applicable laws and regulations.

Fermata does not verify ownership of listed equipment and is not responsible for disputes regarding ownership, title, authenticity, or legal rights associated with any item listed on the Platform.

If Fermata receives credible reports or reasonably believes that equipment has been listed unlawfully, fraudulently, or in violation of these Terms, Fermata reserves the right to remove the listing, suspend or terminate the associated account, cooperate with law enforcement where appropriate, and take any other action deemed necessary to protect the Platform and its users.

Users agree to indemnify and hold Fermata harmless from any claims, damages, losses, or legal actions arising from false ownership claims or unauthorized listings.

 

Community Standards

Users may not:

-Post fraudulent listings.

-Misrepresent equipment.

-Harass, threaten, or abuse other users.

-Upload harmful or illegal content.

-Attempt to circumvent platform security measures.

-Violation of these standards may result in account suspension or permanent removal.

 

Verification

Fermata may offer verification services or badges.

Verification does not guarantee:

-User identity accuracy

-Equipment quality

-Transaction safety

-Future conduct of any user

Verification is provided for informational purposes only.

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Dispute Resolution & Arbitration

We encourage users to contact Fermata first to resolve any concerns or disputes informally.

If a dispute cannot be resolved through informal negotiations, you and Fermata agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Platform, or your use of Fermata shall be resolved through binding arbitration, rather than in court, except where prohibited by applicable law.

Arbitration shall:

-Be conducted by a neutral arbitrator.

-Take place in the jurisdiction where Fermata is legally established, unless otherwise required by applicable law.

-Be conducted in the English language.

-Follow the applicable arbitration rules of the designated arbitration organization or governing jurisdiction.

You and Fermata each waive the right to:

-A trial by jury.

-Participate in a class action, class arbitration, or representative proceeding.

-Consolidate claims with those of other users, unless required by law.

Nothing in this section prevents either party from seeking temporary or injunctive relief to protect intellectual property rights, confidential information, or other legal interests where permitted by law.

If any provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Fees

Certain features may require payment.

Potential fees may include:

-Transaction fees

-Premium memberships

-Featured listings

-Promotional services

All applicable fees will be disclosed before purchase.

Fees are generally non-refundable unless required by law.

 

Payments

Payments may be processed through Stripe.

By using these services, you agree to their terms and privacy policies.

Fermata does not store complete payment card information.

 

Insurance & Protection

Fermata offers optional equipment protection or insurance coverage through approved third-party insurance providers.

Users may choose to:

Purchase available protection coverage for an additional fee; or

Decline protection coverage and assume full responsibility for any damage, loss, theft, or claims associated with the transaction.

Coverage terms, exclusions, deductibles, claim procedures, and eligibility requirements are determined solely by the applicable insurance provider.

Fermata is not an insurance company and does not guarantee coverage, claim approval, reimbursement, or protection outcomes.

Users who decline optional protection acknowledge that they may be personally responsible for equipment damage, loss, theft, or other liabilities arising from a transaction.

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Chargebacks & Payment Reversals

Users agree not to initiate a chargeback, payment reversal, or payment dispute with their financial institution or payment provider without first making a good-faith effort to resolve the issue directly with the other party and, where applicable, through Fermata's support process.

If a chargeback or payment reversal is initiated, Fermata reserves the right to:

-Suspend or restrict the user's account while the dispute is under review.

-Recover any funds, fees, or costs incurred as a result of the chargeback, to the extent permitted by law.

-Offset amounts owed against future payouts or account balances.

-Request supporting documentation from the parties involved.

-Permanently suspend or terminate accounts found to have engaged in fraudulent or abusive chargeback activity.

Users remain responsible for any payment obligations arising from completed transactions, including rental fees, damage claims, applicable late fees, and any other charges authorized under these Terms.

Fermata reserves the right to cooperate with payment processors, financial institutions, insurance providers, and law enforcement authorities in investigating fraudulent transactions or payment disputes.

Nothing in this section limits any consumer rights that cannot be waived under applicable law.

 

This version is balanced: it protects Fermata while also acknowledging that users retain any mandatory legal rights under applicable consumer protection laws. That makes it more likely to withstand scrutiny in jurisdictions with strong consumer protections.

 

Funds Holding & Escrow

To promote secure transactions and protect both renters and equipment owners, Fermata may temporarily hold funds associated with a transaction before releasing payment to the equipment owner.

Funds may be held for purposes including, but not limited to:

-Confirming successful payment authorization.

-Verifying the completion of a rental or sale.

-Allowing time for the renter to inspect the equipment.

-Resolving reported disputes, claims, or suspected fraudulent activity.

-Complying with applicable laws, payment processor requirements, or risk management procedures.

Payment release timelines may vary depending on the transaction, payment method, verification status, dispute activity, or other operational considerations.

Where applicable, funds held by Fermata or its authorized third-party payment processor do not constitute a traditional bank escrow account unless expressly stated. Any temporary holding of funds is solely intended to facilitate secure transactions through the Platform.

Fermata reserves the right to delay, adjust, or withhold payment where it reasonably believes that fraud, unauthorized activity, violations of these Terms, legal obligations, or unresolved disputes exist.

By using the Platform, users authorize Fermata and its payment service providers to hold, transfer, release, or refund funds in accordance with these Terms and applicable payment processing agreements.

Taxes

Users are solely responsible for determining, reporting, collecting, and paying any applicable taxes arising from their use of the Platform, including but not limited to income taxes, sales taxes, value-added taxes (VAT), goods and services taxes (GST), withholding taxes, or any other taxes required under applicable law.

Fermata does not provide tax advice and does not guarantee that taxes will be automatically calculated, collected, or remitted on behalf of users unless expressly stated for a specific jurisdiction.

Where required by applicable law, Fermata may collect, withhold, report, or remit certain taxes or request additional tax information from users. Users agree to provide accurate and complete tax information when requested.

Users are encouraged to consult a qualified tax professional regarding their tax obligations arising from transactions conducted through the Platform.

Failure to comply with applicable tax laws is the sole responsibility of the user.
 

Intellectual Property

All Fermata trademarks, logos, branding, software, content, and intellectual property remain the exclusive property of Fermata.

Users may not reproduce, distribute, or exploit Fermata content without written permission.

 

Privacy

Your use of Fermata is also governed by our Privacy Policy.

By using the Platform, you consent to the collection and processing of information described therein.

 

Disclaimer of Warranties

The Platform is provided on an "as-is" and "as-available" basis.

Fermata makes no warranties regarding:

-Availability

-Reliability

-Accuracy

-Security

-Performance

-User conduct

-Use of the Platform is at your own risk.

 

Limitation of Liability

To the fullest extent permitted by law, Fermata shall not be liable for:

Loss of equipment

Damage to equipment

Personal injury

Lost profits

Business interruption

Fraudulent conduct by users

Indirect or consequential damages

Fermata's total liability shall not exceed the amount paid by a user to Fermata during the preceding twelve months.

 

Platform Availability

Fermata strives to provide a reliable, secure, and uninterrupted Platform; however, we do not guarantee that the Platform will be available at all times or operate without interruption, delay, or error.

From time to time, the Platform may become temporarily unavailable due to:

-Scheduled maintenance or system upgrades.

-Software updates or new feature releases.

-Technical issues or unforeseen system failures.

-Internet, network, or telecommunications outages.

-Third-party service interruptions.

-Security incidents or other circumstances beyond Fermata's reasonable control.

Fermata reserves the right to modify, suspend, discontinue, or restrict access to any part of the Platform at any time, with or without prior notice, for maintenance, operational, security, legal, or business reasons.

To the fullest extent permitted by applicable law, Fermata shall not be liable for any loss of data, business interruption, missed transactions, lost profits, or other damages resulting from the temporary unavailability or interruption of the Platform.

We will make reasonable efforts to restore service as quickly as practicable and communicate significant outages or scheduled maintenance when appropriate.

 

Damage Waiver Clarification

Fermata may offer an optional Damage Waiver or Equipment Protection plan during eligible rental transactions for an additional fee.

The Damage Waiver is optional and is not automatically included with any rental. Users may choose to purchase the Damage Waiver during checkout or decline coverage.

Purchasing a Damage Waiver does not eliminate all financial responsibility. Coverage is subject to the terms, conditions, exclusions, limitations, and claim requirements established by the applicable third-party insurance or protection provider.

The Damage Waiver may not cover, including but not limited to:

-Intentional damage or misuse.

-Theft resulting from negligence or failure to take reasonable care of the equipment.

-Unauthorized modifications or repairs.

-Use of equipment in violation of applicable laws or these Terms.

-Losses excluded under the applicable protection policy.

Users who decline the optional Damage Waiver acknowledge that they assume full financial responsibility for any loss, theft, damage, or other liabilities arising during the rental period, unless otherwise agreed between the parties or required by applicable law.

Fermata is not an insurance provider and does not determine claim eligibility, coverage decisions, or reimbursement amounts. All claims relating to optional protection are administered in accordance with the policies of the applicable third-party provider.

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Indemnification

You agree to indemnify and hold Fermata harmless from any claims, damages, liabilities, costs, or expenses arising from:

-Your use of the Platform

-Your transactions

-Violation of these Terms

-Violation of applicable laws

 

Termination

Fermata may suspend or terminate access at any time for violations of these Terms or for conduct deemed harmful to the Platform or community.

 

Changes to Terms

Fermata may update these Terms periodically.

Continued use of the Platform after updates constitutes acceptance of the revised Terms.

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California Consumer Privacy

If you are a California resident, you may have certain privacy rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), including the right to know what personal information is collected, the right to request deletion or correction of certain personal information, the right to access personal information, and the right to opt out of certain uses of personal information where applicable.

Fermata is committed to protecting user privacy and handling personal information in accordance with applicable California privacy laws. Additional information regarding our data collection, use, disclosure, and your privacy rights is available in our Privacy Policy, which is incorporated into these Terms by reference.

 

 

Governing Law

These Terms & Conditions and any dispute, claim, or controversy arising out of or relating to the Platform, your use of Fermata, or any transaction conducted through the Platform shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Subject to the Dispute Resolution & Arbitration provisions contained in these Terms, any legal action or proceeding that is permitted to be brought in court shall be brought exclusively in the state or federal courts located in the State of California, and you consent to the personal jurisdiction and venue of such courts.

Nothing in these Terms limits any consumer rights that cannot be waived under applicable law.

If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect

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Contact Us

For questions regarding these Terms, please contact:

Fermata
Email: support@fermataapp.com
Website: fermataapp.com