props.
Terms & Conditions
1.1. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and props. everywhere, LLC ("Props," "Company," "we," "us," or "our"), governing your access to and use of the Props mobile application, website, and all related services (collectively, the "Platform").
1.2. Props is a marketplace platform that connects service providers — including models, influencers, actors, bartenders, musicians, and other professionals ("Service Providers") — with brands, event planners, restaurants, bars, and other customers seeking such services ("Buyers"). The Platform facilitates the introduction of Service Providers and Buyers and processes payments for services.
1.3. By downloading, installing, accessing, or using the Platform, creating an account, or clicking to accept these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.
1.4. IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ SECTION 15 CAREFULLY. BY AGREEING TO THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND PROPS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2.1. Props reserves the right to modify, amend, or update these Terms at any time in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and may provide notice via email, in-app notification, or by posting the revised Terms on the Platform.
2.2. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must immediately cease using the Platform and deactivate your account.
2.3. Material changes to the arbitration provisions or limitation of liability shall require your affirmative acceptance before taking effect. Such changes will apply from and after your acceptance.
3.1. You must be at least eighteen (18) years of age and have the legal capacity to form a binding contract to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.
3.2. COPPA Compliance. The Platform is not intended for use by children under the age of eighteen (18). We do not knowingly collect personal information from children under eighteen. If we learn that we have inadvertently collected personal information from a child under eighteen, we will take steps to delete such information as quickly as possible. If you believe a child has provided us with personal information, please contact us immediately using the Contact Information in Section 18.
3.3. You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (c) you are not barred from using the Platform under any applicable law; and (d) all information you provide during registration is accurate, current, and complete.
3.4. If you are using the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4.1. To access certain features of the Platform, you must create an account and provide accurate, current, and complete information as prompted during the registration process. You agree to update your account information promptly to maintain its accuracy.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Props immediately of any unauthorized access to or use of your account.
4.3. You may not: (a) create more than one account; (b) share your account credentials with any third party; (c) transfer or assign your account to another person; or (d) use another person's account without authorization.
4.4. Props reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
5.1. Props Is a Marketplace Only. The Platform serves solely as a venue that introduces Service Providers and Buyers to one another and facilitates the transaction between them. Props is not a party to any agreement between a Service Provider and a Buyer. Any agreement for services is entered into exclusively between the Service Provider and the Buyer, and Props bears no responsibility or liability for the performance, quality, legality, or any other aspect of such services.
5.2. Independent Contractor Relationship. Service Providers are independent contractors. They are not employees, agents, joint venturers, or partners of Props. Buyers acknowledge that they engage Service Providers as independent contractors and that the Buyer-Service Provider relationship does not create an employment relationship with Props. Buyers shall not exercise control over how Service Providers perform their work, except as may be mutually agreed between the Buyer and Service Provider.
5.3. No Endorsement or Guarantee. Props does not endorse, guarantee, or warrant the skills, qualifications, reliability, availability, or suitability of any Service Provider or Buyer. Props does not conduct background checks on users unless otherwise disclosed. You are solely responsible for evaluating and selecting the users with whom you transact.
5.4. No Responsibility for Events or Services. Props has no involvement in the hosting, production, or execution of any event, performance, content creation, or other service arranged through the Platform. Props is not responsible for any aspect of such events or services, including the behavior or safety of any attendee, participant, or user.
6.1. Payment Processing. The Platform includes a payment processing feature that collects payment from the Buyer and distributes payment to the Service Provider after the event or service engagement at which the service was rendered has occurred ("Payment Processing Services"). By using the Payment Processing Services, you authorize Props (or its designated third-party payment processor) to facilitate these transactions.
6.2. Service Fees. Props charges service fees, transaction fees, or other fees in connection with the use of the Platform and Payment Processing Services. All charges or the method of calculating such charges to you will be disclosed to you prior to completing a transaction. Props reserves the right to modify its fee structure at any time upon reasonable notice to users.
6.3. Payment Terms. Payments to Service Providers will be disbursed following confirmation that the event or service engagement has occurred, subject to any applicable hold periods, dispute resolution processes, or other conditions disclosed in these Terms or that may arise.
6.4. Taxes. You are solely responsible for determining and paying any and all taxes, duties, or levies applicable to your use of the Platform and any payments received or made through the Platform, including income taxes, sales taxes, and self-employment taxes. Props does not provide tax advice and makes no representations regarding the tax implications of using the Platform.
6.5. Refunds and Cancellations. Refund and cancellation policies for specific transactions will be disclosed at the time of booking, as otherwise specified on the Platform or as agreed between Service Provider and Buyer. Props reserves the right to mediate disputes between Buyers and Service Providers regarding payment issues, but is under no obligation to do so. Full refunds are issued if a direct booking was made but not answered or rejected only. Prior to 48 hours before an event, a booking may be cancelled for a full refund minus any applicable processing fees. Within 48 hours of an event, only 50% of the booking amount is refunded, minus any applicable fees.
7.1. Your Content. You may upload, submit, or otherwise make available content through the Platform, including but not limited to profile information, photographs, videos, portfolios, descriptions, reviews, and communications ("User Content"). You retain ownership of any intellectual property rights in your User Content. Props reserves the right to remove any User Content that Props, in its sole discretion, finds to be objectionable.
7.2. License to Props. By uploading or submitting User Content to the Platform, you grant Props a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, copy, reproduce, display, distribute, modify, adapt, create derivative works from, and otherwise exploit your User Content solely for the purposes of operating, developing, providing, promoting, and improving the Platform and Props' services. This license continues for so long as your User Content remains on the Platform and for a commercially reasonable period thereafter.
7.3. Representations Regarding User Content. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license described herein; (b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and (c) your User Content complies with all applicable laws, regulations, and these Terms.
7.4. Right to Remove. Props reserves the right, but has no obligation, to monitor, screen, edit, or remove any User Content at any time and for any reason, without notice to you. We are not responsible for any loss, deletion, or modification of User Content.
8.1. Props' Intellectual Property. The Platform, including all software, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, computer code, and all other content made available by Props ("Props Content"), and the design, structure, selection, coordination, expression, "look and feel," and arrangement of such content, is owned by or licensed to Props and is protected by copyright, trademark, trade dress, patent or other intellectual property laws or trade secret doctrines.
8.2. Limited License. Subject to your compliance with these Terms, Props grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purposes. This license does not include any right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Props Content; (b) use any data mining, robots, or similar data gathering methods; (c) reverse engineer, decompile, or disassemble any portion of the Platform; or (d) use the Platform for any purpose not expressly permitted by these Terms.
8.3. Feedback. If you provide Props with any suggestions, comments, ideas, or feedback regarding the Platform ("Feedback"), you assign to Props all right, title, and interest in and to such Feedback, and Props shall be free to use, disclose, reproduce, license, and otherwise exploit the Feedback without obligation or compensation to you.
8.4. Copyright Infringement (DMCA). Props respects the intellectual property rights of others. If you believe that any content on the Platform infringes your copyright, please submit a notice addressed to our Designated Copyright Agent, using the Contact Information in Section 18, that includes: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work; (c) identification of the infringing material and its location on the Platform; (d) your contact information; (e) a statement of good faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner. Props will terminate accounts of repeat infringers.
9.1. You agree that you will not, and will not assist or enable any third party to:
10.1. Privacy Policy. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy accessible through the Platform. By using the Platform, you consent to our collection and use of your personal information as described in the Privacy Policy.
10.2. Texas Data Privacy. To the extent applicable, Props complies with the Texas Data Privacy and Security Act (TDPSA) and other applicable Texas privacy requirements. You may have certain rights regarding your personal data under Texas law, including the right to access, correct, delete, and obtain a copy of your personal data, as well as the right to opt out of certain data processing activities. Details regarding the exercise of these rights are set forth in our Privacy Policy.
10.3. COPPA Compliance. Props does not knowingly collect, use, or disclose personal information from children under the age of thirteen (13) without verifiable parental consent as required by the Children's Online Privacy Protection Act ("COPPA"). If you are a parent or guardian and believe your child has provided personal information to Props without your consent, please contact us so we can take appropriate action.
10.4. Communications. By creating an account, you consent to receive communications from Props, including service-related emails, push notifications, and transactional messages. You may opt out of promotional communications at any time by following the unsubscribe instructions included in such communications, but you may not opt out of transactional or service-related communications necessary for the operation of your account.
11.1. The Platform may contain links to or integrations with third-party websites, services, or applications, including payment processors, social media platforms, and advertising services. Props does not control, endorse, or assume responsibility for any third-party services, and your use of such services is at your own risk and subject to the terms and privacy policies of those third parties.
11.2. Props utilizes third-party payment processing services to facilitate payments from Buyers and payments to Service Providers. By using the Payment Processing Services, you agree to be bound by the applicable third-party payment processor's terms of service and privacy policy.
12.1. THE PLATFORM AND ALL CONTENT, FEATURES, SERVICES, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2. PROPS DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
12.3. PROPS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, RELIABILITY, SUITABILITY, QUALIFICATIONS, CONDUCT, OR BACKGROUND OF ANY SERVICE PROVIDER OR BUYER. PROPS DOES NOT VERIFY OR GUARANTEE THE IDENTITY, CREDENTIALS, SKILLS, OR BACKGROUND OF ANY USER.
12.4. YOU ACKNOWLEDGE THAT PROPS IS A MARKETPLACE ONLY AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN SERVICE PROVIDERS AND BUYERS. PROPS IS NOT RESPONSIBLE FOR THE PERFORMANCE, QUALITY, SAFETY, OR LEGALITY OF ANY SERVICES ARRANGED THROUGH THE PLATFORM, NOR FOR ANY INTERACTIONS, COMMUNICATIONS, OR MEETINGS BETWEEN USERS, WHETHER ONLINE OR OFFLINE.
13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE PLATFORM; (C) ANY SERVICES OBTAINED OR ARRANGED THROUGH THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS, EVEN IF PROPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROPS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO PROPS (EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
13.3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PROPS' LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Props and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, causes of action, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
THE INDEMNITY YOU PROVIDE IN THIS SECTION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE NEGLIGENCE OF PROPS IS THE SOLE OR CONTRIBUTING FACTOR TO THE CLAIM, DEMAND, CAUSE OF ACTION LOSS, COST LIABILITY OR EXPENSE.
14.2. Props reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Props in asserting any available defenses. You agree not to settle any claim without Props' prior written consent.
15.1. Governing Law. These Terms and any dispute arising out of or relating to these Terms, the Platform, or your relationship with Props shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Section.
15.2. Informal Dispute Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact Props at using the Contact Information in Section 18 and attempt to resolve the dispute informally for a period of at least sixty (60) days. If the dispute cannot be resolved informally within that period, either party may proceed as set forth below.
15.3. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform that cannot be resolved informally shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect or if for any reason the AAA is not available or is unwilling to administer the arbitration, then the arbitration shall be conducted by a single arbitrator agreed to by the parties or failing an agreement appointed pursuant to the Texas General Arbitration Act. The arbitration shall be conducted by a single arbitrator, in the English language, and shall be held in Houston, Texas.
15.4. Class Action Waiver. YOU AND PROPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
15.5. Jury Trial Waiver. YOU AND PROPS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
15.6. Small Claims Court. Notwithstanding the foregoing, either party may elect to pursue a claim in small claims court in Harris County, Texas, if the claim qualifies and remains in such court on an individual basis.
15.7. Arbitration Costs. Each party shall bear its own costs and expenses in connection with the arbitration, including attorneys' fees, except as may be required by the AAA Rules, applicable rules or applicable law. If you demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, Props will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
15.8. Opt-Out. You may opt out of this arbitration agreement by sending a written notice to Props using the Contact Information in Section 18 within ten (10) days of your first acceptance of these Terms, stating that you decline to be bound by the arbitration provisions. If you opt out, all other provisions of these Terms shall continue to apply.
15.9. Venue. To the extent any claims are not subject to arbitration, such claims shall be litigated exclusively in the state or federal courts located in Harris County, Texas. You consent to the exercise of personal jurisdiction by such courts and waive any objection to venue therein.
16.1. Termination by You. You may terminate your account and these Terms at any time by deactivating your account through the Platform settings or by contacting Props using the Contact Information in Section 18. Termination does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.
16.2. Termination by Props. Props may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including but not limited to situations where: (a) you have violated these Terms; (b) you have engaged in conduct that Props determines, in its sole discretion, is inappropriate, unsafe, or harmful to other users or Props; (c) you have failed to pay amounts owed; or (d) Props elects to discontinue the Platform or any portion thereof.
16.3. Effect of Termination. Upon termination: (a) your right to access and use the Platform immediately ceases; (b) Props may delete your account information and User Content; (c) any outstanding payment obligations remain due and payable; and (d) the following Sections shall survive termination: Sections 5.1, 5.2, 7.2, 8, 12, 13, 14, 15, 16.3, 17, and 18.
17.1. Entire Agreement. These Terms, together with the Privacy Policy and any additional terms disclosed at the time of a particular transaction, constitute the entire agreement between you and Props regarding the use of the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.
17.2. Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
17.3. Waiver. The failure of Props to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Props.
17.4. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without Props' prior written consent. Props may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets, without restriction or notification.
17.5. Force Majeure. Props shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, pandemics, fires, strikes, or governmental actions.
17.6. No Agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and Props. Neither party has the authority to bind the other or to incur obligations on behalf of the other.
17.7. Notices. Props may provide notices to you via email, in-app notification, or by posting on the Platform. You agree that you are deemed to have received all notices sent to the email address associated with your account. Notices to Props should be sent using the Contact Information provided in Section 18.
17.8. Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
If you have any questions about these Terms, please contact us at:
props. everywhere, LLC
3210 W Dallas St
Houston, Texas 77019
Email: contact@propseverywhere.com
Phone: 303-931-3923