Terms & Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the services, website, rentals, products, communications, and booking platform offered by PopWorks (“PopWorks,” “Company,” “we,” “our,” or “us”). By booking, reserving, paying for, accessing, or using any PopWorks service, you agree to be bound by these Terms. If you do not agree, do not use our services.

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For purposes of these Terms, “Client,” “you,” and “your” mean the person or entity making the booking, payment, or using the services. “Equipment” includes any machine, accessory, supply, add-on, component, cart, cord, or related rental item provided by PopWorks. “Services” includes delivery, setup, pickup, staffing, operation, booking, and any related event services offered by PopWorks.

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You represent that you are at least eighteen (18) years old and legally authorized to enter into this agreement. If you are booking on behalf of a business, organization, school, or other entity, you represent that you have authority to bind that entity to these Terms.

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All bookings are subject to availability and are not final until accepted by PopWorks. PopWorks reserves the right to refuse, cancel, or limit any booking at its discretion, including in cases involving safety concerns, inaccurate information, suspected fraud, misuse, failure to comply with these Terms, or circumstances outside our reasonable control.

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You are responsible for providing complete and accurate event information, including the event date, service window, venue name, address, contact information, setup area details, access instructions, and any site restrictions. You agree to notify PopWorks promptly of any changes. Requested changes may be denied, may affect availability, and may result in additional fees.

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Unless otherwise stated in writing, payment in full or any required deposit must be received before a reservation is confirmed. Any balance due must be paid by the deadline stated at booking. Failure to pay on time may result in cancellation of the reservation without liability to PopWorks. If a payment is declined, reversed, disputed, or charged back, PopWorks may suspend or cancel services and pursue all available remedies to recover unpaid amounts, chargeback fees, collection costs, reasonable attorneys’ fees where permitted, and any other losses caused by the nonpayment or dispute.

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Gift cards issued by PopWorks never expire and may be used toward eligible services, subject to availability. Gift cards are non-refundable, not redeemable for cash except where required by law, and may not be replaced if lost or stolen unless required by law or unless PopWorks elects to do so in its sole discretion.

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Cancellations made at least seven (7) calendar days before the scheduled service date are eligible for a refund of amounts paid, less any non-refundable fees expressly disclosed at the time of booking. Any booking canceled within seven (7) calendar days of the scheduled service date is subject to a $75 cancellation fee. If a refund is owed, the cancellation fee may be deducted from amounts previously paid. PopWorks may, but is not required to, offer rescheduling instead of cancellation. Approved rescheduling may be subject to availability and additional charges.

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The Client is responsible for providing a safe, clean, accessible, and suitable setup and operating area. This includes, where applicable, stable ground, adequate clearance, weather protection if needed, sufficient electrical access, and compliance with venue rules, landlord requirements, fire code, and all local laws and regulations. The Client is responsible for obtaining any permissions, approvals, permits, or consents required for the event location unless PopWorks expressly agrees in writing to handle them.

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If PopWorks determines, in its sole judgment, that the setup location is unsafe, inaccessible, unsuitable, misrepresented, or likely to damage the Equipment, PopWorks may refuse delivery, setup, or continued operation without refund, except where prohibited by law. Examples include but are not limited to unsafe weather, inadequate power, blocked access, aggressive behavior, hazardous conditions, overcrowding, code violations, or conditions that create an unreasonable risk of injury or property damage.

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Unless staffed service is expressly included in the booking, the Client assumes full responsibility for the supervision, control, and safe use of the Equipment during the rental period. Responsibility for the Equipment passes to the Client upon delivery, setup, or placement at the event site, whichever occurs first, and remains with the Client until PopWorks retrieves the Equipment. The Client agrees not to misuse, move, alter, tamper with, overload, sublease, or allow improper use of the Equipment.

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The Client accepts all risk arising from the possession, use, misuse, operation, or inability to use the Equipment, except to the extent caused directly by PopWorks’ gross negligence or willful misconduct where such limitation is not permitted by applicable law. The Client is solely responsible for keeping children and guests appropriately supervised and away from hot surfaces, cords, moving parts, or other hazards associated with concession or event equipment.

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The Client is financially responsible for any loss, theft, damage, destruction, missing parts, abnormal wear, contamination, vandalism, misuse, or unauthorized relocation of the Equipment occurring during the rental period, except to the extent caused directly by PopWorks. PopWorks may charge the Client for inspection, cleaning, repair, replacement, labor, transportation, downtime, and any related administrative costs reasonably associated with restoring or replacing the Equipment.

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PopWorks does not guarantee uninterrupted or error-free service and is not liable for delays, interruptions, or failure to perform caused by events beyond its reasonable control, including weather, traffic, venue restrictions, power failures, natural disasters, government action, labor shortages, supply shortages, illness, accidents, or equipment failure despite reasonable maintenance. In such cases, PopWorks may reschedule service, issue a credit, or provide a refund in its discretion, unless otherwise required by law.

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To the fullest extent permitted by law, PopWorks disclaims all warranties not expressly stated, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law, PopWorks shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost revenue, lost business opportunity, emotional distress, or event disruption, arising out of or relating to the services, website, Equipment, or these Terms, even if advised of the possibility of such damages. To the fullest extent permitted by law, PopWorks’ total liability for any claim arising out of or relating to the services or Equipment shall not exceed the total amount actually paid by the Client to PopWorks for the specific booking giving rise to the claim.

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The Client agrees to indemnify, defend, and hold harmless PopWorks and its owners, members, managers, employees, contractors, agents, successors, assigns, affiliates, and related brands from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the Client’s event, venue, guests, invitees, breach of these Terms, negligence, misuse of Equipment, failure to supervise, violation of law, or use of the services, except to the extent finally determined by a court of competent jurisdiction to have been caused solely by PopWorks’ gross negligence or willful misconduct.

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PopWorks may market, advertise, or accept bookings under multiple brand names, websites, campaigns, or trade styles. Regardless of the brand or channel through which a booking is made, all services are operated or fulfilled by PopWorks and remain subject to these Terms, the applicable booking policy, and the applicable privacy policy.

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You agree that any photos, videos, reviews, testimonials, or other content you voluntarily provide to PopWorks may be used by PopWorks for lawful promotional purposes unless you expressly revoke that permission in writing before publication. PopWorks will not claim ownership of your content, but you grant PopWorks a non-exclusive, royalty-free license to use, reproduce, and display it for marketing and business purposes.

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Use of the website is at your own risk. You agree not to misuse the website, attempt unauthorized access, interfere with its operation, submit false information, or use the website in violation of law. PopWorks may suspend or block access to the website or services at any time for security, maintenance, legal, or operational reasons.

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If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law. No waiver by PopWorks of any breach or provision shall be deemed a continuing waiver of that breach or provision or any other breach or provision.

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These Terms shall be governed by and construed in accordance with the laws of the state in which the services are provided, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms, the services, or the Equipment shall be brought exclusively in the state or federal courts located in that state, and the parties consent to that venue and jurisdiction, except where applicable law requires otherwise.

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PopWorks may update these Terms from time to time. The version posted at the time of booking or use will apply unless otherwise required by law. Continued use of the website or services after updated Terms are posted constitutes acceptance of the updated Terms.

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For questions regarding these Terms, contact: info@trypopworks.com.