Terms of Service

Last updated on: August 23, 2024

These Terms of Service (“Terms”) are entered into between BoomPop, Inc. (“BoomPop”) and the entity that has executed an order (“Company” or “You”) and govern your access to and use of our services. If you accept a trial for our services, these Terms will also govern that trial. By accepting these Terms, either by clicking a box indicating your acceptance or by executing an order form (an “Order Form”) or statement of work (an “SOW”) that references these Terms, you agree to the terms and conditions set forth herein. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions set forth herein, in which case the terms “You” or “Your” shall refer to such entity. If you do not have such authority or if you do not agree with these Terms, you must not accept them and may not use the services. Together, these Terms, any applicable statement of work executed hereunder (each, an “SOW”), and the Order constitute the complete agreement between the parties with respect to the subject matter hereof (“Agreement”) and are effective on the earlier of (A) the date that the Order is fully executed by the parties or (B) the Company’s initial access to and use of the services.

Scope. BoomPop will use diligent efforts to provide the services (the “Services”) outlined in the Order Form, or below:
- Sourcing & Platform: BoomPop will deliver hotel sourcing and contracting, including but not limited to:
- Full Service: Within 2 weeks of the First Deposit, BoomPop will set out to deliver.
- Full Service: Upon signing BoomPop Statement of Work, and as indicated in Statement of Work:

2. Term. Unless terminated earlier as set forth in this paragraph, these Terms shall survive so long as the applicable Order Form remains outstanding. If either party materially breaches this Agreement (including for failure to pay), the other party may terminate this Agreement by giving 30 days (10 days in the case of nonpayment) written notice of such breach, unless the breach is cured within the notice period. Although each SOW shall constitute a separate agreement between the parties, termination of the Order Form shall terminate all SOWs entered thereunder. The following provisions of these Terms shall survive termination: 3 (Fees), 4 (Restrictions), 5 (Confidentiality), 6 (Warranty, Disclaimer), 7 (Limitation of Liability), 8 (General), 9 (Communication; Notices).

3. Definitions. The following definitions will apply in both this agreement and any other agreement between You and BoomPop, including Order Forms and Statements of Work.

4. Planning Chart Terms.

Title of Event. The Title of Event is for the convenience of the Parties in communication. The Title of Event has no bearing on the contractual obligations of either party.
Expected Number of Attendees. The Expected Number of Attendees is the You’s best guess as to an accurate number of Attendees at the event. Parties agree that planning will be based on an assumption that this number of attendees will be present at all events planned under a Statement of Work or Order Form unless noted elsewhere in the planning chart. Parties understand that if the actual number of attendees is greater than the Expected Number of Attendees, there may be times when Attendees are unable to participate fully or at all in planned events.
Event Start Date and Event End Date. The Event Start Date is the date all Attendees will first check into their hotel. The End date is the date all Attendees will check out of their hotel. Upon execution of the agreement, BoomPop will begin the process of securing hotel stays for the Expected Number of Attendees from the Event Start Date until the Event End Date. BoomPop’s obligations related to events as described in this SOW are limited to the time between the Event Start Date and Event End Date.
Event Location. The Event Location is the city, state, and country near which the hotel and events will be planned. Parties understand that parts of the Scope of Work may occur in locations that are reasonably near the Event Location.
Hotel Name and Address. Hotel Name and Address is the name and location of the hotel that You are authorizing BoomPop to secure hotel rooms in relation to a Statement of Work or Order Form. Unless otherwise agreed to in writing, in the event the hotel does not have sufficient rooms to accommodate the Expected Number of Attendees from the Event Start Date through the Event End Date, BoomPop may substitute a like hotel near the Event Location.
Scope of Work. Scope of Work contains all of the events that BoomPop has undertaken to plan for You. If any part of the Scope of Work will not occur at the hotel, Attendees are responsible for transportation unless the Scope of Work states “Incl. Transportation” next to the relevant portion of the Scope of Work. Transportation may be provided by any reasonable means, including utilizing buses or arranging for taxis or ride-share services. Modifications to the Scope of Work made within one month of the Event Start Date may result in an experience and final product that is different than the original Statement of Work because such last-minute modifications divert resources away from other portions of the Scope of Work to focus on making last-minute modifications.
Meeting Space Details. Meeting Space Details contains all of the meeting spaces and dates and times for those meeting spaces that BoomPop will secure for You. While a hotel or vendor may have additional meeting space and times available, BoomPop is only contracting to provide what is contained in Meeting Space Details.
Total Anticipated Budget. The Total Anticipated Budget is the total amount You anticipate spending on a Statement of Work or Order Form, including payments that will go to BoomPop for its services. This number is an estimate, You acknowledge that exact amounts cannot be determined in advance. BoomPop will design its services on this SOW with consideration of the Total Anticipated Budget. You understand that material changes to this number may have a drastic effect on the services BoomPop can secure or provide.
Minimum Payment Schedule. The minimum payment schedule is the minimum expected amount and date for payments for a Statement of Work or Order Form; You understand that this payment schedule is a minimum. BoomPop will use its best efforts to maintain this schedule, however, deadlines for payments may be altered or amounts of payment may be altered based on Vendors ultimately selected for the events to be planned. If there is no Minimum Payment Schedule on an Order Form or Statement of Work, the default minimum payment schedule is as follows:

If BoomPop SOW signed before 60 days of Event Start Date:

Order Form Signing Deposit: $1,000
Upon signing BoomPop SOW: 80% of Event Spend
30 days prior to the event: 100% of Event Spend
Post-event: 100% of Event Spend (incidentals or additions)

If BoomPop SOW signed within 60 days of Event Start Date:

Order Form Signing Deposit: $1,000
Upon signing BoomPop SOW: 100% of Event Spend
Post-event: 100% of Event Spend (incidentals or additions)

If there are changes made to the Event Budget, there may be additional payments due.

Credit Card on File You may place a credit card on file with BoomPop. Payment will first be requested of You via invoice, but if it is not received within 30 days of event BoomPop reserves the right to charge the credit card on file, including reasonable and customary credit card fees. Credit Cards information for this purpose will be stored by a third party credit card services provider and not by BoomPop directly.
Signature. By signing, each party confirms it has the legal authority to bind the listed entity to a Statement of Work or Order Form. Parties agree that the e-mail address listed for each company should be in the “to” or “cc” line of any communication about a Statement of Work or Order Form between the parties.

5. Fees. Company agrees to pay BoomPop for the Services in accordance with the applicable Statement of Work or Order Form. Any invoiced amounts not paid within 7 days of receipt of the applicable invoice shall be subject to a monthly finance charge of the lesser of 1.5% and the greatest amount allowed by applicable law unless noted by Order Form or Statement of Work. Unless noted by Order Form or Statement of Work, see BoomPop Fees below:

Sourcing & Platform

Service Fee: 4.9% on Event Costs.
If international event: Additional 5% on Event Costs, minimum of $3,000. International event defined as event sourcing outside of USA.
If rush event within 5 weeks: Additional 5% on Event Costs, minimum of $1,000. Rush event defined as event within 5 weeks.

Full Service - 1 Event (No Overnight)

Service Fee: 15% on Event Costs, minimum of $3,000.
If international event: Additional 5% on Event Costs, minimum of $3,000. International event defined as event sourcing outside of USA.
If rush event: Additional 5% on Event Costs, minimum of $1,000. Rush event defined as event within 5 weeks.

Full Service - 1 Event (Overnight Included)

Per Person Fees, minimum of $3,000.

Less than 10 attendees: $339 per person
11-30 attendees: $269 per person
31-50 attendees: $219 per person
51-99 attendees: $199 per person
100-200 attendees: $159 per person
200+ attendees: $129 per person

Per Person Fee is subject to change based on the number of attendees. Finalized Per Person Fee is calculated based on either (1) Expected Attendee Count 30 days prior to the event or (2) Actual Attendee Count, whichever is larger.
If international event: Additional $75 per person. International event defined as event sourcing outside of USA.
If rush event: Additional $75 per person. Rush event defined as event within 5 weeks.

Full Service - Multiple Events

Same as Full Service - 1 Event (Overnight Included)
Add a 10% discount on Per Person Fees

Additional Fees

Flight Management Fee: $40 per flight.
Uber Voucher Management Fee: $10 per guest.
Onsite & Site Visit Management Fee: $1,750 per day (not including travel expenses).
Credit card fee: 3.5% on credit card transactions.

6. License; Restrictions. BoomPop grants Company a limited, non-exclusive, non-sublicensable, non-assignable license to access BoomPop’s website and portal partner as specified in the applicable SOW (the “Service”). Other than such limited license to the Service, Company acknowledges and agrees that no intellectual property rights are being licensed or otherwise transferred to Company hereunder. Company shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; (v) use the Service to build an application or product that is competitive with any BoomPop product or service; (vi) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (vii) bypass any measures BoomPop may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).

7. Confidentiality. Each party shall keep confidential and not disclose to any other party or use, except as required by this Agreement, non-public information obtained from the other party; provided, however, that neither party shall be prohibited from disclosing or using information, (i) that at the time of disclosure is publicly available or becomes publicly available through no act or omission of the party having a confidentiality obligation under this section, (ii) that is or has been disclosed to such party by a third party who is not under (and to whom such party does not owe) an obligation of confidentiality with respect thereto, (iii) that is or has been independently acquired or developed by such party, (iv) to the minimum extent use or disclosure is required by court order or as otherwise required by law, on condition that notice of such requirement by law for such disclosure is given to the other parties prior to making any such use or disclosure. Notwithstanding anything else, BoomPop is permitted to disclose (including through the display of Company’s logo) that Company is one of its partners (including in its publicity and marketing materials).

8. Warranty; Disclaimer. BoomPop warrants that the Services provided hereunder will be performed in a professional manner. EXCEPT AS SET FORTH IN THIS PARAGRAPH, ALL SERVICES ARE PROVIDED “AS IS” AND BOOMPOP DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

9. Limitation of Liability. EXCEPT WITH RESPECT TO DAMAGES TO BODILY INJURY WHICH CANNOT BE DISCLAIMED OR BREACHES OF SECTIONS 4 (LICENSE; RESTRICTIONS) OR 5 (CONFIDENTIALITY), IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE SUBJECT MATTER OF THIS AGREEMENT FOR (I) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, (II) THE COST OF PROCURING REPLACEMENT SERVICES, OR (III) FOR ANY AMOUNT IN EXCESS OF THE FEES PAYABLE TO BOOMPOP FOR THE SERVICES.

10. General. For all purposes under this Agreement each party shall be and act as an independent contractor of the other and shall not bind nor attempt to bind the other to any contract. Company will be responsible for its income, sales, use and similar taxes, if any, in connection with this Agreement. Neither party shall have the right to assign this Agreement with the other party’s prior written consent; provided that, either party may, without such consent, assign this Agreement and its rights and obligations to a successor to substantially all of its business or assets to which this Agreement relates. This contract and any dispute arising hereunder shall be governed by the laws of the State of California, without regard to the conflict of law provisions thereof. The parties hereby agree that the sole and exclusive jurisdiction for all disputes arising in connection with this Agreement shall be the state and Federal court located in San Francisco, California (and the parties hereby consent to such). This Agreement (and any attachments hereto incorporated herein) set forth the entire understanding of the parties as to the subject matter therein and may not be modified except in a writing executed by both parties. In the event of a conflict between the terms of this Agreement and the terms of any SOW(s), the terms of the SOW(s) shall prevail. In BoomPop’s sole discretion, any dispute may be resolved via binding arbitration, in the event of a filed suit such a demand must be made prior to the deadline to answer such suit, and You must dismiss the suit with prejudice and file any claims as an arbitration demand with the American Arbitration Association. In any Arbitration, BoomPop shall have the right to demand the arbitration proceed ex aequo et bono by notifying the arbitration panel by such deadline as the arbitration panel shall set for such notice. Any arbitration shall take place in front of three arbitrators in San Francisco, California, and the initial cost of arbitration shall be borne by the complaining party, but shall be awarded to the prevailing party by the panel of arbirtators.

11. Payment Processing. Company acknowledges and agrees that all payments under any Vendor Agreement will be processed through BoomPop. BoomPop shall charge Company a processing fee determined by Order Form for all Vendor payments processed by BoomPop on behalf of Company. Company acknowledges and agrees that BoomPop will not issue any deposits or payments on Vendor Agreements unless and until an applicable deposit is received pursuant to an applicable SOW. BoomPop agrees to send all funds directly to vendors upon payment due.

12. Payment Terms. Unless indicated otherwise in the Order Form, the Signing Deposit paid upon the execution of this Order Form shall be deducted from the BoomPop Fees invoiced upon signing the first SOW under this Agreement. Late fees shall be subject to a finance charge of the lesser of 1.5% per month and the greatest amount allowed by applicable law. Our payments are due upon receipt. If you have net 30 or other payment terms, there will be significant delays in booking your hotel. Clients under other payment terms have lost rooms due to the delays with payment. If this may affect you, please let us know and we will issue you an invoice immediately to pay, so we will be prepared to pay the hotel when that time comes. Payments must be made with credit card or ACH. We do not accept checks. If you must pay via check, there is a $300 fee per check. If booking Flights or Swag, 100% of that expected total is due upfront.

13. Force Majeure. You and BoomPop understand that certain events beyond a party’s reasonable control including (a) acts of god, (b) flood, fire, earthquakes, or epidemics, (c) war invasion, hostilities (whether declared or not), terrorist threats or acts, riots or other civil unrest, (d) government order, law, or actions (e) strikes, labor stoppages or slowdowns, or other industrial disturbances, (f) telecommunication breakdowns, power outages or shortages, (g) announcement of a large, previously unknown event or occurrence, such as a sporting event, concert, political rally, or other large event, whether spontaneous or planned, in the area near the Event Location and (g) other events beyond the reasonable control of the parties (“Force Majeure Events”) may affect participation at the Event. If Company wishes to reschedule or cancel an Event due to a Force Majeure Event, BoomPop will use its best efforts to coordinate with relevant third-party vendors to help Company receive a total or partial refund where available. You understand and agree that there can be no guarantees of any kind whatsoever in the event a Force Majeure Event affecting a Statement of Work or Order Form.

14. Communication; Notices. BoomPop grants Company access to BoomPop’s online portal, which serves as the primary software tool for all coordination and collaboration of the Service (the “Company Space”). BoomPop may communicate with Company from time to time via the Company Space, and Company will check the Company Space regularly. Any notices in connection with this Agreement will be in writing and sent by first class US mail, email or major commercial rapid delivery courier service to the address specified below for notice or such other address as may be properly specified by written notice hereunder.

15. Event Cancellation. Unless otherwise indicated You understand that upon execution, BoomPop will set aside sufficient staff time to undertake the project planning for You. As a result, all planning fees, including vendor deposits, are earned upon payment; in the event You elect to cancel planning the event, BoomPop Fees are nonrefundable.

Fees will be paid pursuant to an SOW to a third party vendor may be refundable depending on the specific vendor and circumstances.
Any payments to BoomPop will first cover your BoomPop Fees in full. Thereafter the payments will cover any vendors.

16. Event Planning Spreadsheet. You understand that they may receive access to an event planning spreadsheet which will have detailed information about the event(s) that will be planned under a Statement of Work or Order Form, as well as relevant dates and addresses. You understand that event planning can involve significant last-minute changes as a result of matters outside the control of BoomPop, BoomPop’s vendors, and You. You acknowledge the event planning spreadsheet is not a contractual document, but access is provided to keep You up-to-date on the planning efforts being made by BoomPop under a Statement of Work or Order Form.

17. Limitations of Liability and Waivers. You acknowledge that certain parts of the Scope of Work may require a waiver before Attendees are allowed to participate and that such waivers may be from the vendor, BoomPop, or both. Such waivers may limit BoomPop or Vendor’s liability in relation to those events.

18. Mutual Non-Disparagement. You shall not make any disparaging comments about any vendor in relation to a Statement of Work or Order Form; parties both acknowledge that to do so would cause irreparable damage to the goodwill of BoomPop and BoomPop’s relationship with its vendors, current or prospective. These restrictions do not apply to comments required to be made as a result of legal proceedings or legal obligations such as compelled testimony or production of internal documents.

19. Terms for Vendors. You understand that cancellation policies will differ by vendor type. In the event You choose to cancel any events or vendors, You acknowledge they may still be responsible for certain costs or fees to that vendor or to BoomPop for that vendor. BoomPop fees and costs are nonrefundable.

20. Deadlines for Information and Payment. You understand that deadlines to provide information—including, but not limited to, guest lists, rooming arrangements, and special needs that require accommodation—will be determined as the event planning progresses and provided to You via email; You understand that in some situations, those deadlines may be very short. Failure to meet those deadlines may result in an experience and final product that is different than originally agreed to under a Statement of Work or Order Form, but in such an event BoomPop will use its best efforts to provide an experience and final product as close as possible to that anticipated by a Statement of Work or Order Form.

You understand that deadlines to provide payment will vary based on the events planned. Deadlines for payments will be provided via email throughout the planning process. Failure to meet a deadline for payment may result in an experience and final product that is different than originally agreed to under a Statement of Work or Order Form, but in such an event BoomPop will use its best efforts to provide an experience and final product as close as possible to that anticipated by a Statement of Work or Order Form.
You understand that failure to meet deadlines may result in paying for services not received. If no information is received about the number of people for a specific portion of the Scope of Work, BoomPop may default to and charge for that portion of the Scope of Work based on the Expected Number of Attendees. By way of example, if You miss a deadline for a final count for a food vendor, BoomPop may arrange for dinner for the Expected Number of Attendees, and if the actual number of attendees is subsequently lower than that amount, You may have paid for dinners that will not be served to any attendee.

21. Vendor Engagement. BoomPop may engage third-party vendors (“Vendor” or “Vendors”). Vendors at BoomPop have been carefully curated by seasoned event experts, however, Vendors are not actual personnel of BoomPop. The BoomPop team will coordinate with these vendors to help plan your event. For clarity, BoomPop itself is not providing the vendor services; the third-party vendors provide the services. You agree that it will not take any actions to affect the relationship between BoomPop and Vendors and that all fees, expenses, and payments will be processed by BoomPop. You will not file any lawsuit against a Vendor without first giving BoomPop twenty-one days advance notice of their intent to file such suit to allow BoomPop the opportunity to mediate any dispute if desired by BoomPop. At no time shall You be entitled to the receipts or pricing from the vendor, and acknowledge that if such information is inadvertently received, they will consider same a Trade Secret of BoomPop and treat it with the same care as Your own confidential information and trade secrets.

22. Insurance. You are responsible for your own insurance; BoomPop does not insure You or attendees.

23. Non-Employee Attendees. BoomPop will treat all attendees the same, whether they are employees of You or other guests. You shall have the same obligations to provide necessary information to BoomPop whether an attendee is an employee or other guest of the Company.

24. Modifications. Modifications of this scope of work may only be made in writing, which may include confirmations of modifications via e-mail or text message. You acknowledge that the closer it is to the Event Start Date, the harder, and potentially more expensive, it will be to make modifications.

On-site modifications requested by You may only be made in writing, which shall include BoomPop memorializing an oral on-site modification via text message or e-mail, even if no response is received from You. On-site modifications may not include a final cost; any cost supplied regarding an on-site modification may include an estimated cost but is not required to, any cost included is an estimate only unless it contains obvious language to the contrary such as, “Shall not exceed”. BoomPop may, but is not required, to reasonably rely on employees of You to make reasonable changes to this scope of work while at the event location. In relying on employees for onsite changes, BoomPop is authorized to take into account the perceived seniority of any employee of Company and the perceived hierarchy of decision-making and authority within the Company. By way of example, if the CEO of the Company requests an addition of a champagne toast at a dinner, BoomPop may add this to the experience and charge the same to You even if the CEO of the Company was not involved in any of the planning or negotiation of a Statement of Work or Order Form; such a change may also be considered an incidental for purposes of the section entitled Incidentals to Be Secured By in a Statement of Work or Order Form.
All changes made from one week prior to the Event Start Date through the Event End Date are considered on-site modifications.

25. List of Non-Provided Services. BoomPop only provides the services outlined in a written contract with You. BoomPop does not provide any medical or health help, translation services, currency exchange services, recommendations regarding unplanned services or any other type of good or service not explicitly contracted for in writing.

26. Text Messaging.

By using the Service, you are consenting to be contacted by BoomPops or its affiliates or partners by text message, SMS, and/or MMS message for marketing, solicitation, informational or other purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or the internal Do Not Call List of BoomPop or its affiliates or partners. In the event you no longer wish to receive such text messages, you can reply to any text, SMS, or MMS message you receive from us by texting “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you will no longer be able to access the Service and You agree to receive a final message from us confirming your cancellation.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility with your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

27. Firearms Prohibited. You and your guests are prohibited from bringing firearms to any event planned by BoomPop. If an attendee has a firearm, BoomPop may cease their support at the event, and consider all fees paid earned. This excludes any event where the vendor provides the firearms, such as a firing range or shooting sports activities; if an attendee plans to bring their firearm to such an event, they must request permission from BoomPop in advance, and provide a detailed description of the manner in which the firearm will be rendered safe. BoomPop does not have to consent to any attendee bringing their own firearm.

28. Emergencies. In the event of an emergency, medical or otherwise, BoomPop’s sole obligation under this contract is to notify the point of contact at the event and, if necessary and applicable, utilize hotel staff to wake up their point of contact. BoomPop staff may, in their discretion, notify hotel staff or emergency personnel. Any additional step taken by BoomPop in the event of an emergency shall neither incur a contractual obligation of BoomPop nor incur any additional liability.

29. Modifications to Terms of Service. You acknowledge that these terms of service may be modified at any time by BoomPop, and continued use of any BoomPop service, continued planning of any events, or continued communication about any contract, Statement of Work, or Order form constitutes agreement to modifications of these Terms of Service. While BoomPop will attempt to notify You in other ways, you further agree that the terms of service page available at BoomPop, Inc. contains a “last updated on” section and that You will check that section when using the BoomPop services to determine if any change has been made, and that the existence of that page and the “last updated on” language is a sufficient notification to put You on notice of any and all Terms of Service.

30. Severability. If any provision of these Terms of Service is determined to be invalid, the remainder of the agreement shall not be affected. In the event of a dispute, an arbitration panel, but not a court, has the authority to rewrite an invalid clause to meet the intent of the parties.

31. Agent of Record. You hereby appoint BoomPop as Your agent of record with respect to the services provided under any Order Form or Statement of Work, and agree and acknowledge that BoomPop will negotiate certain third-party agreements (the “Vendor Agreements”) on behalf of You. You shall defend, indemnify, and hold harmless BoomPop and its affiliates from all liabilities, claims, and expenses that arise from or relate to the Vendor Agreements (including the non-assignability of such Vendor Agreements). You acknowledge that BoomPop may receive a commission from certain vendors as an IATA-certified travel agency.

32. Electronic Business. You consent to the use of your electronic signature on documents, and consent to conduct business with BoomPop electronically.