Terms of Service
Client Responsibilities
Based on the fact that Popcorn Included does not own the property of which we are performing, we cannot provide the licensing in general. Please note that provided that you are on private property there is no licensing required. The Client is responsible for providing the viewed media.
Liability
It is understood that Consultant is only liable for services completed and provided by Consultant and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Consultant be liable for consequential damages of any kind.
Setup Time - Tear Down Time
We begin setup approximately 1.5 to 2 hours before sunset. Audio equipment tests begin immediately after the screen is standing, and projection tests begin at dusk. Tear down will begin 20 minutes after the end of the movie, unless otherwise specified by customer. After the movie, all equipment will be removed within 3 hours. Please note procedures may vary based on rental agreement and equipment type. Extended time is $150 an hour.
Responsibility
Consultant is not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, consultant will obtain, upon approval of the client, a qualified professional replacement to fulfill consultant’s obligations under the contract, at no additional charge to the client.
Weather Policy
Weather is the biggest variable in planning any outdoor event. Unfortunately, there is nothing we can do to change the weather. Wind speed is a very big concern. The screens can safely handle wind speeds up to 15 mph. We need wind speeds of less than 15 mph in order to put up the screen. Should the winds exceed 15 mph, our technicians may lay down the movie screen and wait for the winds to calm for an extended period time before raising again. Raising and lowering takes only about one minute.
Weather Guarantee
The Consultant shall be entitled to cancel the screening of the movie due to inclement weather prior to or during the movie. If the weather looks threatening (imminent rain, rain, looming thunder clouds, dangerous winds capable of damaging or equipment), the Consultant reserves the right to protect its own equipment by cancelling the presentation of the film.
The Consultant reserves the right to delay set-up or pause the presentation for up to two hours until suitable weather conditions exist. If inclement weather prevents the complete screening of the film, where less than 50% of the film has been presented the Consultant guarantees the client one make-up event within 24 weeks of the original event date, depending on availability. No fees will be charged for the make-up event itself.
You may apply your deposit towards a different date. In case of a cancellation for other than inclement weather, 10 days notice is required.
Expiration of this credit will occur 6 months after the original event date.
Contracted Vendor and Payments
Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Consultant directly at requested deadline. Proper notice will be provided per cost.
Damage or Loss of Accessories
Client agrees to exercise all due care in caring for, and preserving the property of Consultant. Clients shall remain responsible for all loss or damage to rentals, up to and including actual replacement value for each missing or damaged item per cost.
Payment Schedule and Method
For your convenience, payments can be made online via HoneyBook.com using a valid credit card. Otherwise, payment is to be made by cash or Venmo. Your remaining balance and any other additional charges you have will be due on the event date before we setup. Please have the exact amount as staff carry s no change if paying by cash.
Cancellation Policy
If event is canceled, no portion of the fees paid to Consultant will be returned. If event is canceled less than 10 days before date (excluding inclement weather), 2nd payment fulfilling 50% of the contract total will be required to compensate for hours of service already rendered and loss of event date. If the event is postponed, services contracted can be applied to a new date if available (refer to Postponement Policy).
Appropriate Conduct/ Safe Working Environment:
The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider's staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider] work, and the Client(s) shall be responsible for payment in full.
The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.