TOUR HUSTLER TERMS OF SERVICE

These Terms of Service (the “Terms”) are a binding agreement between you and Tour Hustler LLC, a Texas limited liability company (“Tour Hustler,” “we,” “us,” or “our”). They govern your access to and use of the Tour Hustler website, mobile applications, and related services (collectively, the “Platform”). By creating an account, clicking to accept these Terms, accessing the Platform, or using any Platform service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

1. Definitions

For purposes of these Terms:

• “Booking” means an agreement formed through the Platform between a Venue and a Performer for live entertainment or related services.
• “Booking Terms” means the event-specific details accepted by the Venue and Performer, including date, time, location, compensation, deposit, performance requirements, cancellation terms, technical requirements, and other agreed details.
• “Performer” means a band, solo artist, DJ, comedian, magician, speaker, or other entertainment provider using the Platform, including an authorized representative acting for a group.
• “Venue” means a business, organization, promoter, event host, or other person seeking to book a Performer through the Platform.
• “User” means any person or entity accessing or using the Platform, including Performers and Venues.
• “User Content” means profile information, photographs, audio, video, logos, reviews, messages, listings, and other materials submitted through the Platform.

2. Eligibility and Authority

You must be at least 18 years old and legally able to enter into contracts to use the Platform. If you use the Platform for a company, venue, band, organization, or other entity, you represent that you are authorized to bind that entity. You may not use the Platform if you are prohibited from doing so under applicable law, if you are located in a jurisdiction subject to comprehensive US sanctions, designated on a US government restricted party list, or if we previously suspended or terminated your account, unless we give written permission.

A person creating or managing a Performer profile represents that the person is authorized to act for the Performer and its members. A person creating or managing a Venue profile represents that the person is authorized to act for the Venue. The account holder is jointly and separately responsible with the entity represents for all actions taken for through account, all obligations arising from use of the Platform, and for maintaining accurate account information.

3. Tour Hustler Is a Marketplace

Tour Hustler provides technology that helps Venues and Performers discover each other, communicate, create Bookings, process payments, and use related marketplace tools. Except where we expressly state otherwise, Tour Hustler does not provide live entertainment, own or operate Venues, employ Performers, represent Venues, manage Performers, act as a talent agent or booking agent, or control how a Venue or Performer performs its obligations. Each User acknowledges and agrees that no employment, joint venture, partnership, or agency relationship exist between the User and Tour Hustler as a result of these Terms or use of the Platform, and no User is authorized to bind Tour Hustler.

A Booking is a direct contract between the Venue and Performer. Tour Hustler is not a party to that contract. Each Venue and Performer is independently responsible for deciding whether to enter a Booking, evaluating the other party, negotiating appropriate Booking Terms, and performing all obligations arising from the Booking.

We do not guarantee that a User is who the User claims to be; that a profile, listing, rating, review, background statement, availability, price, or credential is accurate; that any User will complete a Booking; or that any Booking will be safe, lawful, profitable, suitable, or successful. Tour Hustler has no duty to conduct background checks, verify credentials, or investigate Users, and any verification feature we may offer is limited in scope and is not an endorsement, certification, warranty, or guarantee.

4. Accounts and Platform Use

You must provide accurate, current, and complete information and keep it updated. You are responsible for protecting account credentials and for all activity conducted through your account. Notify us promptly if you suspect unauthorized access. We may require identity, business, tax, banking, or other verification and may restrict account features until verification is complete.

We grant you a limited, personal, nonexclusive, nontransferable, revocable right to access and use the Platform for its intended purposes. You may not copy, scrape, reverse engineer, interfere with, bypass security for, create unauthorized accounts on, or use the Platform to build or operate a competing service, except to the extent applicable law does not permit such restrictions.

5. Performer Responsibilities

Each Performer is solely responsible for:

• providing accurate information about identity, membership, experience, services, availability, pricing, equipment, and requirements;
• arriving and performing as stated in the Booking Terms, including agreed setup, soundcheck, performance, and breakdown obligations;
• maintaining appropriate professional conduct and ensuring that members, employees, contractors, crew, and guests comply with the Booking Terms and applicable law;
• obtaining any licenses, permits, permissions, insurance, releases, or rights needed for the Performer’s business, performance, music, recordings, equipment, personnel, and User Content;
• reporting and paying taxes arising from compensation received; and
• providing accurate payout, tax, and identity information required by Tour Hustler or Stripe.

A Performer must not claim to represent Tour Hustler or imply that Tour Hustler guarantees, sponsors, employs, manages, or endorses the Performer.

6. Venue Responsibilities

Each Venue is solely responsible for:

• providing accurate event, compensation, access, parking, load-in, sound, stage, equipment, schedule, capacity, age-restriction, and other material information;
• providing a reasonably safe and lawful location suitable for the Booking and disclosing known hazards or unusual conditions;
• obtaining required permits, occupancy approvals, public-performance licenses, alcohol licenses, insurance, security, and other permissions applicable to the Venue or event;
• ensuring that its owners, employees, contractors, security personnel, customers, and guests comply with applicable law and do not harass, threaten, discriminate against, or endanger the Performer;
• paying all amounts due under the Booking Terms; and
• accurately reporting whether a Booking was completed and promptly raising any dispute.

A Venue must not claim to represent Tour Hustler or imply that Tour Hustler owns, manages, certifies, or guarantees the Venue or event.

7. Bookings and Booking Terms

A Booking becomes binding when the Platform shows that both the Venue and Performer have accepted the Booking Terms and any required payment authorization or payment has been completed. The Booking Terms supplement these Terms. If the Booking Terms conflict with these Terms, these Terms control as to the use of the Platform and Tour Hustler’s rights, while the Booking Terms control the specific services promised between the Venue and Performer unless they violate these Terms or applicable law.

Users are responsible for reviewing the Booking Terms before acceptance. Material changes to a confirmed Booking must be recorded through the Platform and accepted by both parties to be recognized by Tour Hustler for dispute resolution and payment purposes. Tour Hustler may refuse, cancel, or reverse a Booking if we reasonably suspect fraud, unlawful activity, payment risk, platform misuse, or a material error.

Unless the Platform expressly states otherwise, Tour Hustler does not guarantee replacement performers, replacement venues, minimum attendance, ticket sales, audience behavior, revenue, quality, artistic style, equipment compatibility, sound quality, weather, travel conditions, or booking success.

8. Payments and Stripe Connect

Payment services are provided by Stripe and may be subject to Stripe’s terms, privacy policy, verification requirements, and connected-account agreements. By using payment or payout features, you authorize Tour Hustler and Stripe to collect, use, and share information needed to process payments, prevent fraud, comply with law, and provide payouts. Tour Hustler does not store complete payment-card information.

The Venue authorizes the Platform and Stripe to charge the payment method selected for the amounts shown at checkout, including performer compensation, platform fees, taxes, cancellation amounts, adjustments, and other disclosed charges. The Performer authorizes Tour Hustler and Stripe to deduct authorized refunds, reversals, chargebacks, dispute losses, fees, taxes, or any other amounts the Performer owes to Tour Hustler under the Terms from current or future payouts where permitted by law and the applicable Stripe arrangement.

Funds may be authorized, charged, or held before the Booking and released after completion according to the Platform’s displayed payment schedule. Although the Platform may describe funds as “held,” the funds may be held or processed by Stripe or another regulated payment provider rather than in a Tour Hustler bank account. Tour Hustler is not a bank, escrow agent, trustee, money transmitter, or fiduciary unless applicable law expressly provides otherwise.

Payout timing is an estimate and may be delayed by Stripe, financial institutions, verification requirements, fraud reviews, chargebacks, legal process, technical issues, or disputes. Tour Hustler is not responsible for delays caused by third parties or inaccurate information supplied by a User.

9. Platform Fees, Taxes, and Off-Platform Transactions

Tour Hustler may charge platform, processing, subscription, premium-feature, cancellation, or other fees disclosed before the applicable transaction. Except where required by law or expressly stated in the applicable cancellation or refund policy, fees are nonrefundable. We may change fees prospectively after providing notice through the Platform.

Each User is responsible for determining and paying taxes applicable to that User. Tour Hustler may collect, report, withhold, or remit taxes where required by law and may request tax information. We do not provide tax advice.

Users may not use the Platform to identify or negotiate with another User and then intentionally avoid disclosed Platform fees by completing substantially the same Booking outside the Platform. We may suspend accounts, restrict features, or collect an amount equal to twice the applicable Platform fee as a reasonable estimate of the harm caused including lost revenue and enforcement costs, if we reasonably determine that a User circumvented the Platform. This restriction does not prevent Users from maintaining independently established relationships that were not created through the Platform.

10. Completion, Payout Release, and Booking Disputes

The Platform may ask the Venue, Performer, or both to confirm completion. Unless a User timely opens a dispute, Tour Hustler may treat the Booking as completed after the scheduled end time or after any confirmation period displayed in the Platform and may instruct Stripe to release the Performer payout.

A User disputing completion, cancellation status, quality, timing, payment, or another material Booking issue must submit the dispute through the Platform within the deadline displayed for that Booking and provide reasonably requested evidence. Evidence may include Platform messages, photographs, video, timestamps, check-in information, contracts, receipts, witness information, police or incident reports, and other relevant records.

While a dispute is pending, Tour Hustler may delay payout, refund, or other processing. Tour Hustler may facilitate communication, apply objective Platform policies, request information, or make a good-faith administrative determination for Platform-payment purposes. Any determination is final and binding as to the disposition of Platform held funds, is not a judicial finding, and does not prevent the Venue or Performer from pursuing claims directly against the other party, subject to these Terms.

When evidence is incomplete or conflicting, Tour Hustler may release, refund, divide, or continue holding the disputed amount as reasonably permitted by the displayed policy, the payment-provider rules, and applicable law. We may decline to resolve disputes that require testimony, expert analysis, or legal conclusions beyond the Platform’s records.

11. Cancellations, No-Shows, and Refunds

The cancellation terms displayed and accepted for a Booking are part of the Booking Terms. Unless different terms are displayed and accepted:

• if the Performer cancels or fails to appear without an approved exception, the Performer is not entitled to compensation for the unperformed Booking;
• if the Venue cancels, any refund, Performer payment, fee treatment, or other consequence will be determined under the cancellation policy displayed for that Booking; and
• Tour Hustler may require documentation and may determine whether a cancellation, no-show, or exception applies for Platform-payment purposes.

Tour Hustler may adopt exceptions for severe weather, government orders, declared emergencies, documented medical emergencies, credible safety threats, venue closure, travel disruption, death or serious illness, or other circumstances beyond a User’s reasonable control. An exception is not automatic, and Users should notify each other and Tour Hustler as soon as reasonably possible. Even when an exception applies Tour Hustler’s Platform fees are nonrefundable unless Tour Hustler states otherwise.

Refunds are subject to payment-provider processing times. Tour Hustler may withhold or offset amounts necessary to address chargebacks, fraud, duplicate refunds, unpaid fees, or payment reversals. Nothing in these Terms limits refund rights that cannot legally be waived.

12. Chargebacks and Payment Reversals

A Venue should contact Tour Hustler before initiating a chargeback so we have a reasonable opportunity to address the issue. Filing a knowingly false or abusive chargeback may result in account suspension and collection activity. If a chargeback or payment reversal relates to a completed or already-paid Booking, Tour Hustler may seek reimbursement from the responsible User for the reversed amount plus any chargeback fees, processing fees, costs, attorney fees, and administrative expenses incurred by Tour Hustler, and may offset those amounts against future payouts where permitted.

Tour Hustler may provide the payment provider with Booking records, acceptance records, communications, completion confirmations, and other evidence to respond to a chargeback or payment dispute. The payment provider or issuing bank, not Tour Hustler, may make the final chargeback decision.

13. User Conduct and Safety

You may not use the Platform to engage in unlawful, fraudulent, deceptive, abusive, threatening, harassing, discriminatory, sexually exploitative, violent, or unsafe conduct; impersonate another person; misrepresent credentials; manipulate reviews; infringe intellectual-property or privacy rights; solicit prohibited transactions; introduce malware; interfere with Platform operation; evade suspension; or endanger another User or the public.

Users are responsible for their own safety decisions. Venues and Performers should independently evaluate event conditions, communicate material requirements, maintain appropriate emergency plans, and contact emergency services when necessary. Tour Hustler is not an emergency-response service and does not monitor Bookings in real time.

We may cooperate with law enforcement or emergency personnel when we reasonably believe disclosure is required by law or necessary to address fraud, threats, serious harm, or public safety, subject to our Privacy Policy and applicable law.

14. Reviews and Ratings

Reviews must relate to a genuine interaction or Booking and reflect the reviewer’s honest experience. Reviews may not contain unlawful content, threats, harassment, private information, discriminatory statements, extortion, advertising, conflicts of interest, or knowingly false factual claims. Tour Hustler does not endorse reviews and does not guarantee their accuracy.

We may remove, restrict, label, decline to publish, or preserve reviews when we reasonably believe they violate these Terms, a review policy, applicable law, a court order, or platform-integrity requirements. We are not obligated to investigate every disagreement or remove a review merely because a User disputes it. We may permit a response or appeal but do not promise a particular outcome.

15. User Content and License

You retain ownership of your User Content. By submitting User Content, you grant Tour Hustler a worldwide, nonexclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, format, adapt, display, distribute, and use that User Content as reasonably necessary to operate, improve, secure, and promote the Platform and the User’s profile, listings, or Bookings. This license continues for as long as the User Content remains on the Platform and afterward to the limited extent reasonably necessary for backups, cash or distributed copies, legal compliance analytics, dispute records, aggregate or anonymized, previously created marketing materials, and Platform integrity.

You represent that you own or have all rights, permissions, releases, and licenses necessary for your User Content and our permitted use of it; that the content is accurate in all material respects; and that it does not infringe any copyright, trademark, publicity, privacy, contractual, or other right. You are responsible for obtaining permission from identifiable people appearing in content you upload.

16. Tour Hustler Intellectual Property

The Platform, software, design, branding, text, graphics, interfaces, databases, and other materials provided by Tour Hustler are owned by Tour Hustler or its licensors and are protected by intellectual-property and other laws. Except for the limited right to use the Platform granted in these Terms, no rights are transferred to you. “Tour Hustler,” associated logos, and related marks may not be used without our written permission.

If you submit ideas, suggestions, or feedback, you grant Tour Hustler a perpetual, irrevocable, worldwide, royalty-free right to use them without restriction or compensation, provided this does not give us ownership of your separate User Content.

17. Copyright and Other Rights Complaints

Tour Hustler may remove or restrict content alleged to infringe intellectual-property or other rights and may terminate repeat infringers where appropriate. Copyright notices should identify the protected work, the allegedly infringing material and its location, the complaining party’s contact information, a good-faith statement, an accuracy and authority statement made under penalty of perjury, and a physical or electronic signature. Notices should be sent to legal@tourhustler.com. Counter-notices may be submitted as permitted by applicable law.

Tour Hustler may adopt a separate Copyright and Trademark Policy and designate a DMCA agent. Users remain responsible for music-performance licenses, recording rights, synchronization rights, venue licenses, and any other permissions associated with their conduct or content.

18. Suspension and Termination

You may stop using the Platform at any time. We may investigate, warn, restrict, suspend, or terminate an account or Booking when we reasonably believe a User violated these Terms or Platform policy; created safety, fraud, legal, reputational, or payment risk; failed verification; accumulated unpaid amounts; abused dispute or review systems; or exposed another person or Tour Hustler to harm.

We may act immediately where circumstances reasonably require it. When practical, we may provide notice or an opportunity to respond, but we do not promise advance notice or an appeal in every case. Suspension or termination does not eliminate obligations arising before the effective date, including payment, reimbursement, indemnification, dispute, and record-preservation obligations. Tour Hustler may retain account data as reasonably necessary for legal compliance, safety, fraud prevention, dispute resolution, and enforcement, and may report conduct to law enforcement or other affected parties where permitted by law and our Privacy Policies.

19. Third-Party Services and App Stores

The Platform may link to or depend on third-party services, including Stripe, maps, analytics, identity-verification tools, cloud services, and Apple or Google app stores. Third parties are governed by their own terms and privacy practices. Tour Hustler does not control and is not responsible for third-party services, outages, decisions, content, security, or availability.

If you obtained the mobile application through an app store, these Terms are between you and Tour Hustler, not the app store. The app store has no obligation to provide maintenance or support and is not responsible for claims relating to the application except to the extent required by its applicable terms or law. You must comply with applicable app-store terms.

20. Future and Optional Features

We may add, modify, test, restrict, or discontinue features, including messaging, subscriptions, ticketing, premium services, artificial-intelligence tools, recommendations, location features, GPS check-in, or promotional services. Additional terms may apply. Availability of a feature does not create a promise that it will continue or function without interruption.

AI-generated or automated outputs may be incomplete, inaccurate, or unsuitable and must not be treated as legal, financial, safety, medical, or professional advice. Users remain responsible for reviewing and deciding whether to rely on any output. Location or check-in tools, if offered, may support administrative decisions but do not guarantee identity, attendance, safety, or exact location.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TOUR HUSTLER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TOUR HUSTLER DOES NOT WARRANT THAT THE PLATFORM OR ANY BOOKING WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, SAFE, LAWFUL, SUCCESSFUL, OR SUITABLE; THAT USERS WILL PERFORM AS PROMISED; OR THAT CONTENT, REVIEWS, VERIFICATION, MATCHES, RECOMMENDATIONS, PAYMENTS, OR RESULTS WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent legally permitted.

22. Assumption of Event and Marketplace Risks

YOU UNDERSTAND THAT LIVE EVENTS AND IN-PERSON INTERACTIONS MAY INVOLVE RISKS INCLUDING PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, THEFT, EQUIPMENT FAILURE, TRAVEL HAZARDS, CROWD CONDUCT, ALCOHOL OR DRUG USE, SECURITY INCIDENTS, HARASSMENT, NOISE, WEATHER, AND UNLAWFUL OR NEGLIGENT CONDUCT BY THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME THE RISKS OF YOUR OWN PARTICIPATION IN BOOKINGS AND INTERACTIONS WITH OTHER USERS, AND RELEASE TOUR HUSTLER AND OTHER TOUR HUSTLER PARTIES FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM SUCH RISKS EXCEPT TO THE EXTENT A RISK IS CAUSED BY TOUR HUSTLER’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT LEGALLY BE WAIVED.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUR HUSTLER AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITIES; PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY USERS OR THIRD PARTIES; OR DAMAGES ARISING FROM A BOOKING, USER CONDUCT, USER CONTENT, PAYMENT-PROVIDER ACTION, PLATFORM INTERRUPTION, OR RELIANCE ON PLATFORM INFORMATION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TOUR HUSTLER AND ITS OWNERS , OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS OR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE PLATFORM FEES PAID TO TOUR HUSTLER BY YOU DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP DOES NOT LIMIT LIABILITY THAT CANNOT LEGALLY BE LIMITED.

Each limitation is intended to apply independently and to the fullest extent permitted by law. The parties agree that the limitations reflect a reasonable allocation of risk and are an essential basis of the agreement.

24. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Tour Hustler and its owners, officers, employees, contractors, affiliates, and licensors from third-party claims, demands, investigations, damages, judgments, losses, liabilities, penalties, fines, costs, and reasonable attorneys’ fees and investigation and compliance expenses arising from or relating to: your use of the Platform; your Booking or performance of Booking obligations; your conduct or that of people acting through or for you; your User Content; your violation of these Terms, Booking Terms, or applicable law; your taxes, permits, licenses, employment obligations, or insurance responsibilities; or your infringement of another person’s rights. Tour Hustler may control the defense of a covered claim, and you may not settle a claim imposing obligations on Tour Hustler without our written consent.

25. Dispute Resolution; Arbitration; Class-Action Waiver

25.1 Informal Notice

Before filing a claim against Tour Hustler, you and Tour Hustler agree to send a written notice describing the dispute and requested relief and to attempt in good faith to resolve it for at least 30 days. Notices to Tour Hustler must be sent to legal@tourhustler.com and Tour Hustler LLC, 2261 Northpark Drive #1069, Kingwood, Texas 77339. This requirement does not prevent either party from seeking emergency injunctive relief where legally appropriate.

25.2 Binding Individual Arbitration

EXCEPT FOR THE EXCEPTIONS BELOW, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, A TRANSACTION WITH TOUR HUSTLER, OR YOUR RELATIONSHIP WITH TOUR HUSTLER WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER RULES APPROPRIATE TO THE CLAIM, AS MODIFIED BY THESE TERMS. THE SEAT OF ARBITRATION WILL BE HARRIS COUNTY, TEXAS, UNLESS THE PARTIES AGREE OTHERWISE OR THE ARBITRATOR DETERMINES THAT ANOTHER LOCATION IS REQUIRED BY APPLICABLE LAW. THE ARBITRATOR MAY AWARD THE SAME INDIVIDUAL REMEDIES AVAILABLE IN COURT, SUBJECT TO THESE TERMS.

25.3 Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek injunctive relief in court for actual or threatened misuse of intellectual property, unauthorized access, data security, or conduct likely to cause immediate and irreparable harm. Claims involving only a Venue and Performer remain disputes between those Users unless Tour Hustler is separately named based on Tour Hustler’s own conduct.

25.4 No Class or Representative Actions

YOU AND TOUR HUSTLER AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR PARTICIPANT IN A REPRESENTATIVE, CONSOLIDATED, OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.

25.5 Opt-Out

A new User may opt out of Sections 25.2 through 25.4 by sending written notice to legal@tourhustler.com within 30 days after first accepting these Terms. The notice must include the User’s name, account email, mailing address, and an unambiguous statement that the User is opting out of arbitration. Opting out does not affect the remainder of these Terms.

25.6 Severability and Mass Filings

If a court finds a particular claim or remedy cannot lawfully be arbitrated, that claim or remedy will be stayed and resolved in court after arbitration of the remaining claims, unless applicable law requires otherwise. Any claim arising out of or relating to these Terms or the Platform must be commenced within one year after the event giving rise to the claim or be permanently barred, except where a shorter limitations period is required by applicable law.

26. Governing Law and Court Venue

Except as governed by the Federal Arbitration Act or other controlling federal law, these Terms are governed by Texas law, without regard to conflict-of-law principles. For disputes not subject to arbitration or small-claims court, you and Tour Hustler consent to exclusive jurisdiction and venue in the state and federal courts located in Harris County, Texas, except where applicable law prohibits that venue.

27. Changes to These Terms

We may update these Terms prospectively. We will provide notice of material changes through the Platform, email, or another reasonable method and will state the effective date. Where required by law we may request renewed acceptance. Continued use after the effective date constitutes acceptance where legally permitted. Changes will not retroactively alter a claim for which written notice was provided before the change unless both parties agree.

28. Electronic Communications and Notices

You agree to receive agreements, disclosures, transaction records, notices, and other communications electronically. You may retain copies for your records. Notices may be delivered through the Platform, to the email or phone number associated with your account, or by other reasonable electronic means. You are responsible for keeping contact information current. Electronic communications satisfy legal writing requirements to the extent permitted by law.

29. General Terms

These Terms, the Privacy Policy, applicable Booking Terms, and any additional terms displayed for a feature constitute the entire agreement between you and Tour Hustler concerning the Platform. If additional terms conflict with these Terms, the additional terms control only for the applicable feature or transaction.

You may not assign these Terms or transfer an account without our written consent. Tour Hustler may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or transfer of the Platform. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder will continue in effect. Headings are for convenience only. “Including” means “including without limitation.”

Tour Hustler is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, internet or utility failure, cyberattack, government action, epidemic, payment-network failure, or third-party service interruption.

Sections that by their nature should survive termination will survive, including payment obligations, ownership, User Content licenses as limited above, disclaimers, liability limitations, indemnification, dispute resolution, and general provisions.

30. Contact Information

Tour Hustler LLC

2261 Northpark Drive #1069
Kingwood, Texas 77339

legal@tourhustler.com

Copyright Complaints: Copyright-related complaints may be sent to legal@tourhustler.com.