Terms & Conditions

1. Consent to Receive Messages

By providing your phone number, you expressly consent to receive recurring text messages (SMS and MMS), including but not limited to promotional messages, alerts, announcements, and transactional messages from Tom Kherkher (inidividually), AttorneyTom, LLC, Kherkher Law Firm PLLC, Ellzey Kherkher Sanford Montgomery LLP, Kherkher Garcia, LLP, Tommy John’s Tailgate, Tom’s Comedy Club, LLC and any programs, entities, affiliates, partnerships, or campaigns in which Tom Kherkher is involved, associated, or participates whether now at the time of signing this agreement or in the future (hereafter referred to as “Tom”). Messages may be sent using an automatic telephone dialing or texting system, pre-recorded voice messages, or other technologies. Message and data rates may apply depending on your mobile plan. You explicitly consent to receive such messages at any time of day or night, including evenings, weekends, and holidays.

2. Program Enrollment Authorization

By opting into this service, you authorize Tom to use your information (including but not limited to your name, phone number, email address, and any other provided data) to enroll you in any and all existing or future programs, services, or campaigns affiliated with or associated with Tom or its partners. This includes the use of your contact information for messaging, marketing, engagement, and outreach purposes related to affiliated initiatives.

3. No Attorney-Client Relationship and Consent to Legal Service Solicitation

You acknowledge and agree that receiving messages from Tom through this platform, or affiliated platforms, does not create an attorney-client relationship. Communications via this service are for informational and marketing purposes only and do not constitute legal advice. No attorney-client relationship is formed unless and until a formal written agreement is executed between you and Tom.

By providing your contact information and opting into this texting service, you expressly authorize Tom and its representatives to contact you for the purpose of marketing and soliciting legal services, including but not limited to offers for representation, consultations, updates on available legal services, or other communications related to Tom’s legal practice. This consent applies regardless of any prior status as a client or non-client, and you acknowledge that such communications may include direct solicitations for legal representation in compliance with applicable state and federal advertising and solicitation rules. You further acknowledge and agree that these communications may occur via text message at any time, including evenings, weekends, and holidays.

4. Notice of Filming, Consent to Recording, and Distribution

By entering Tom’s Comedy Club or attending any event hosted or affiliated with Tom, you acknowledge that photography, audio recording, and video recording may be conducted on the premises. You hereby grant Tom and their affiliates, licensees, successors, and assigns the irrevocable right and permission to record, photograph, and/or otherwise capture your likeness, voice, image, and appearance in any media now known or hereafter devised.

You further authorize the use, reproduction, distribution, public performance, display, and modification of such recordings or content for any lawful purpose, including but not limited to commercial, promotional, marketing, and entertainment use, without compensation to you. You waive any right to inspect or approve the final version of any content in which your likeness appears and release Tom from any claims arising out of such use, including rights of publicity, privacy, or defamation.

If you do not wish to be subject to recording, you should not enter the premises, perform, or attend events at Tom’s Comedy Club.

5. Opt-Out

You may opt out at any time by replying “STOP” to any text message. A final message may be sent confirming your opt-out. Opting out does not affect any prior use of your data or enrollment in related programs unless explicitly revoked.

6. No Guarantee of Message Delivery

Tom does not guarantee that messages will be delivered or that the service will be uninterrupted or error-free. You agree that you will not hold Tom liable for delayed, lost, or undelivered messages.

7. Data Usage and Privacy

Your data may be collected, stored, analyzed, and shared with third parties, affiliates, and service providers for the purpose of delivering services, marketing, analytics, and communications related to Tom or its associated programs. By using this service, you waive any claim regarding such use of your data, provided it complies with applicable law.

8. Class Action Waiver

You agree that any and all disputes, claims, or controversies arising out of or relating to this texting service or these Terms shall be brought only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby waive any right to participate in a class action lawsuit or class-wide arbitration against Tom.

9. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under or related to this Agreement shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you hereby consent to the jurisdiction and venue of such courts.

10. Changes to Terms

Tom reserves the right to modify or update these Terms and Conditions at any time. Your continued use of the texting service after changes are posted constitutes your acceThis Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under or related to this Agreement shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you hereby consent to the jurisdiction and venue of such courts.ptance of the updated terms.

11. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. Such invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement.