This Master Rental Agreement ("Agreement") is entered into by and between Pop-Up Motion Pictures ("Company", "we", "us", or "our") and the booking party ("Client", "you", or "your"). Pop-Up Motion Pictures is a North Carolina limited liability company (LLC).

​

These Terms set forth the terms and conditions under which you may use our website (popupmotionpictures.com) and the services as offered by us. This website offers visitors information and booking capabilities for premium outdoor cinema rental equipment and related services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

​

SECTION 1: USER REQUIREMENTS & COMMERCIAL TERMS

1.1 Age & Eligibility Requirements In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

support.wix.com

 

1.2 Pricing and Payment When booking a rental package, you agree that: (i) you are responsible for reading the full package listing before making a commitment to book it: (ii) you enter into a legally binding contract to purchase the rental service when you commit to book and you complete the check-out payment process. The prices we charge for our rental services and optional add-ons are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

support.wix.com

 

1.3 Right to Change Offering We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

support.wix.com

 

SECTION 2: LIABILITY & ASSUMPTION OF RISK (APPLICABLE TO ALL CLIENTS)

2.1 Assumption of Risk and Waiver of Liability (Bodily Harm) The Client acknowledges that the use of large inflatable screens, heavy electrical equipment, blowers, 4K projectors, sound systems, and concession machines (popcorn and cotton candy makers) involves inherent risks. These risks include, but are not limited to, tripping over extension cords, stakes, or tie-downs; burns from hot projector bulbs or concession heating elements; and injuries from equipment shifting due to wind.
 

• Waiver: The Client and all attendees voluntarily assume all risks associated with the event. To the maximum extent permitted by North Carolina law, the Client releases, waives, and discharges Pop-Up Motion Pictures, its owners, employees, and agents from any and all liability, claims, or demands arising from bodily injury, personal injury, illness, or death to the Client or any guest occurring on the premises during the rental period.
   

2.2 Limitation of Liability for Personal Property Damage Pop-Up Motion Pictures takes the utmost care during delivery, setup, and tear-down. However, the Company shall not be held liable for any accidental damage to the Client’s personal property, real estate, or fixtures.

​

• This includes, but is not limited to: damage to underground sprinkler systems, utility lines, lawn/grass damage, landscaping, driveways, or damage to the Client's personal electronics (e.g., laptops, gaming consoles, Apple TVs) connected to the Company’s A/V systems. The Client is solely responsible for identifying and marking underground utilities prior to the staking of inflatable screens.
   

2.3 Equipment Damage and Client Responsibility Upon completion of setup, the Client assumes full physical and financial responsibility for all rented equipment until the Company returns for tear-down. The Client is strictly liable for any damage, theft, or vandalism caused by the Client, their guests, pets, or severe weather conditions resulting from the Client’s failure to allow the Company to strike the equipment.

​

2.4 Weather & Return/Refund Policy Because inflatable screens act as sails, equipment cannot be safely operated in sustained winds exceeding 15 mph, thunderstorms, or heavy rain. The Company reserves the absolute right to cancel, delay, or prematurely terminate a setup for safety reasons.
 

• Refund Policy: In the event of a weather-related cancellation prior to setup, no monetary refunds will be issued; rather, a full credit will be applied for a rescheduled event within twelve (12) months.
   

2.5 Food and Concessions Liability If concession machines (popcorn, cotton candy) are provided, the Company provides standard ingredients. The Company makes no warranties regarding allergens and is not responsible for any allergic reactions, choking hazards, or food-borne illnesses. The Client assumes full responsibility for monitoring guests' consumption, particularly minors.

​

SECTION 3: RESIDENTIAL / DAY-TO-DAY CONSUMERS (B2C)

3.1 Private Viewing and Licensing For residential bookings located in a private backyard or private home, the event is legally classified as a private viewing. The Client is permitted to use their own personal streaming accounts (e.g., Netflix, Disney+, Hulu), DVD players, or gaming consoles. Pop-Up Motion Pictures provides only the audio-visual hardware. We do not provide the media or content.

​

3.2 Supervision of Minors The Client agrees to maintain active adult supervision at all times. Minors must be kept a minimum of five (5) feet away from the projector station, screen blowers, power sources, and hot concession machines at all times.

​

SECTION 4: COMMERCIAL / BUSINESS-TO-BUSINESS (B2B)

4.1 Public Performance Licensing (Strict Compliance) If the Client is a commercial entity, HOA, apartment complex, school, bar, or municipal organization hosting an event outside of a private home, the event may be classified as a "Public Performance" under U.S. Copyright Law.
 

• Client Responsibility: The Client explicitly acknowledges that it is their sole legal and financial responsibility to obtain any necessary Public Performance Licenses (e.g., through Swank Motion Pictures or BMI/ASCAP) for the media being shown. Pop-Up Motion Pictures acts exclusively as a hardware provider and assumes no liability for copyright infringement initiated by the Client.
   

4.2 Commercial Indemnification The Commercial Client agrees to indemnify, defend, and hold harmless Pop-Up Motion Pictures, its officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees) arising out of or resulting from the Commercial Client’s event. This includes, but is not limited to, attendee injuries, copyright infringement claims, or alcohol-related incidents occurring at the venue.
 

4.3 General Liability Insurance For events exceeding 50 attendees or taking place on public/commercial property, the Commercial Client warrants that they carry active Commercial General Liability Insurance. Upon request, the Client shall name Pop-Up Motion Pictures as an "Additional Insured" for the duration of the event.

​

SECTION 5: GOVERNING LAW & DISPUTE RESOLUTION

5.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, specifically within Pitt County, without regard to its conflict of law principles.

 

5.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.