WaiterSwap

WAITERSWAP — TERMS & CONDITIONS

Effective Date: 12/1/2025

These Terms & Conditions ("Terms") govern your use of the WaiterSwap platform ("WaiterSwap," "we," "us," "our"), including our website, mobile applications, and related services ("Services").

By accessing or using WaiterSwap, you agree to these Terms.
If you do not agree, do not use the platform.

1. Nature of the Platform

WaiterSwap is a marketplace platform that connects:

  • Venues (bars, restaurants, events, hospitality businesses)
  • Pros (independent contractors such as bartenders, servers, barbacks, and event staff)

WaiterSwap is not:

  • An employer of Pros
  • A staffing agency
  • A labor broker
  • A management company
  • A guarantor of performance

We only provide a digital marketplace that facilitates connections, payments, and communication.

2. Independent Contractor Status

All Pros using WaiterSwap are independent contractors, not employees, agents, or representatives of WaiterSwap.

Venues acknowledge and agree that:

  • Pros control the manner and method of how they perform services
  • Pros may accept or decline shifts at their discretion
  • Pros are solely responsible for taxes, insurance, licensing, permits, and any legal obligations related to their work
  • WaiterSwap does not supervise, direct, or control Pros

Pros acknowledge that:

  • You are self-employed
  • You decide when and where to work
  • You set your availability and accept shifts voluntarily
  • You are responsible for your own taxes, records, insurance, and compliance with state laws

3. No Guarantee of Outcomes

WaiterSwap does not guarantee:

  • That a Venue will find available Pros
  • That a Pro will get hired for a shift
  • The quality, reliability, safety, professionalism, or performance of any Venue or Pro
  • That a shift will go smoothly, safely, legally, or profitably
  • Continuous, fast, or error-free platform operation

Use of the platform is at your own risk.

4. Verification & Screening

WaiterSwap may offer tools to verify identities, permits, or certifications—but:

  • We do not guarantee authenticity or accuracy
  • We do not run full background checks unless explicitly stated
  • Verification status does not constitute endorsement, employment, or a safety guarantee

Users are solely responsible for evaluating the suitability of other users.

5. Payments & Fees

Venues agree to:

  • Pay all fees charged by WaiterSwap
  • Allow WaiterSwap to process payments through Stripe or similar processors
  • Pay for all completed or partially completed shifts as outlined in the shift details
  • Pay cancellation fees as defined in the app or service agreements

Pros agree to:

  • Accept payment through WaiterSwap's payment processor
  • Pay applicable platform fees
  • Report earnings as required by law

WaiterSwap may:

  • Adjust fees at any time
  • Withhold payouts for suspected fraud, disputes, or policy violations
  • Require identity verification before releasing funds

6. User Responsibilities

All users agree to:

  • Provide accurate information
  • Comply with all laws, permits, and regulations
  • Maintain professional conduct
  • Not circumvent the platform (e.g., direct booking outside WaiterSwap)
  • Not share contact info or payment info to bypass the app
  • Not harass, harm, or endanger any user

Circumvention may result in:

  • Account termination
  • Fees
  • Legal action
  • Ban from the platform

7. Liability Disclaimer

To the fullest extent permitted by law:

WaiterSwap is NOT liable for:

  • Injuries, damages, accidents, loss, theft, or death
  • Misconduct or negligence by Pros or Venues
  • Alcohol-related incidents
  • Foodborne illness
  • Fights, violence, or security issues
  • Lost profits or business interruptions
  • Property damage
  • Labor disputes
  • Employment classifications
  • Legal violations by users
  • Failed or missed shifts
  • Errors, outages, or downtime of the app

You use WaiterSwap at your own risk, and agree that WaiterSwap is not responsible for the acts or omissions of any Venue or Pro.

8. Indemnification

Users agree to defend, indemnify, and hold harmless WaiterSwap from:

  • Claims
  • Damages
  • Losses
  • Injuries
  • Fines
  • Legal fees
  • Government actions

Arising out of:

  • Your use of the platform
  • Your interactions with other users
  • Your performance or failure to perform work
  • Your violations of laws or these Terms

9. No Warranties

WaiterSwap is provided "AS IS" and "AS AVAILABLE."

We make no warranties regarding:

  • Safety
  • Legality
  • Reliability
  • Availability
  • Errors
  • Accuracy
  • Performance
  • Payment timeliness
  • Data security

10. Dispute Resolution

All disputes shall be resolved via binding arbitration under:

The American Arbitration Association (AAA)

Location: Benton County, Arkansas

Users waive:

  • Right to a trial by jury
  • Right to participate in class actions

11. Limitation of Damages

If WaiterSwap is ever found liable despite these protections:

Our maximum liability is limited to the greater of:

  • $100, or
  • The amount paid to WaiterSwap by you in the last 6 months

12. Account Termination

WaiterSwap may suspend, remove, or terminate users for:

  • Policy violations
  • Safety concerns
  • Fraud
  • Inappropriate behavior
  • Circumvention attempts
  • Excessive disputes

Termination decisions are final.

13. Intellectual Property

All of the following are owned by WaiterSwap:

  • Trademarks
  • Logos
  • Software
  • Designs
  • Algorithms
  • Branding
  • Text
  • Images
  • Features

Users may not copy, recreate, or reverse-engineer the platform.

14. Modifications

WaiterSwap may update these Terms at any time.
Continued use equals acceptance.

15. Governing Law

These Terms are governed exclusively by the laws of the State of Arkansas.

16. Contact

Small Business Innovations, LLC

Contact Support