1. Parties
This Rental Agreement is between the Owner (the person who listed the item on Nacho Stuff) and the Renter (the person who booked the item). Nacho Stuff, LLC operates the platform that facilitates the transaction but is not a party to this agreement and is not responsible for the condition, availability, or use of any item.
2. The Rental
The Owner agrees to make the listed item available to the Renter for the dates selected at the time of booking. The Renter agrees to use the item only for its intended purpose and to return it in the same condition as received, normal wear and tear excepted.
3. Renter Responsibilities
- Use the item safely and in accordance with any instructions or safety notes provided by the Owner.
- Return the item by the agreed end date and in the same condition as received.
- Notify the Owner immediately if the item is damaged, lost, or stolen during the rental period.
- Not sublease, lend, or transfer the item to any third party.
- Be responsible for all damage, loss, or theft that occurs during the rental period.
- Take photos of the item from all angles upon taking possession, and again immediately before returning it. These photos are your record in the event of a damage dispute.
4. Owner Responsibilities
- Provide the item in the condition described in the listing.
- Ensure the item is safe to use and disclose any known defects or hazards.
- Make the item available for pickup (or deliver it) at the agreed time and location.
- Honor the rental dates confirmed at the time of booking.
- Take photos documenting the item's condition at the time of handoff, and photograph the item again upon return before marking the booking as completed. Keep these photos for at least 30 days.
- Report any damage honestly and accurately. Damage claims must be supported by a repair estimate from a local shop or a current retail replacement price for the same or equivalent item.
5. Liability for Damage, Loss, or Theft
The Renter is financially responsible for any damage, loss, or theft of the item that occurs during the rental period. The Owner sets a replacement cost on their listing, which represents the maximum amount the Renter may be held liable for.
- If the item is returned damaged but repairable, the Renter is responsible for the actual cost of repair, up to the replacement cost.
- If the item is lost, stolen, or damaged beyond repair, the Renter is responsible for the full replacement cost as listed by the Owner.
- The security deposit collected at checkout will be applied toward any damage or replacement costs. If damages exceed the deposit, the Renter remains liable for the difference up to the stated replacement cost.
Damage claims are resolved directly between the Owner and Renter. Nacho Stuff may assist in facilitating communication but is not responsible for resolving disputes or compensating either party.
6. Security Deposit
If the Owner requires a refundable security deposit, it is collected by Nacho Stuff at checkout and held on the platform — it is not transferred to the Owner.
- When the Owner marks the booking as completed, they confirm whether the item was returned without damage. If no damage is reported, the full deposit is automatically refunded to the Renter's original payment method.
- If damage is reported, the Owner submits an estimated repair or replacement cost. The remaining deposit amount after the damage deduction is refunded to the Renter. The amount claimed cannot exceed the deposit.
- If damage is reported, a 48-hour dispute window opens. The Renter is notified by email. If the Renter believes the damage claim is inaccurate, they must contact support@nacho-stuff.com within 48 hours with photos and details. If no dispute is received, the partial refund is processed automatically.
- Nacho Stuff, LLC, or an independent arbitrator of Nacho Stuff's choosing, is the final decision-maker in all deposit disputes. Both parties agree this determination is final and binding for amounts at or below the security deposit.
- For damage that exceeds the deposit, the Owner and Renter must resolve the difference directly. Nacho Stuff does not collect or disburse amounts beyond the held deposit.
- Deposit refunds typically appear on the Renter's statement within 5–10 business days, depending on their bank or card issuer.
7. Late Returns
The Renter agrees to return the item by the end date specified at the time of booking. If the Owner has set a late fee on their listing, that fee applies for each day the item is held beyond the agreed return date. The late fee rate is disclosed on the listing page and on the booking page prior to checkout. Late fees are collected directly between Owner and Renter outside of the Nacho Stuff platform.
8. Cancellations and Refunds
Cancellation terms are set by the Owner at the time of listing (flexible, moderate, or strict). Renters are responsible for reviewing the cancellation policy before booking. The Nacho Stuff service fee is non-refundable in all cases. Deposit refunds are subject to the agreement between Owner and Renter.
9. No Warranty
Items are rented “as-is.” The Owner represents that the item is in the condition described in the listing, but makes no additional warranties. Nacho Stuff makes no warranty regarding any item listed on the platform.
10. Indemnification
The Renter agrees to indemnify and hold harmless the Owner and Nacho Stuff, LLC from any claims, damages, or expenses arising from the Renter’s use of the rented item, including but not limited to personal injury, property damage, or third-party claims.
11. Governing Law
This agreement is governed by the laws of the State of Texas. Any disputes not resolved between the parties directly shall be subject to the dispute resolution process outlined in the Nacho Stuff Terms of Service.
12. Acceptance
By completing checkout on Nacho Stuff, the Renter acknowledges they have read, understood, and agreed to this Rental Agreement.