WAITERSWAPTM — TERMS & CONDITIONS
Effective Date: 10/1/2025
These Terms & Conditions ("Terms") govern your use of the WaiterSwapTM platform ("WaiterSwapTM," "we," "us," "our"), including our website, mobile applications, and related services ("Services").
By accessing or using WaiterSwapTM, you agree to these Terms.
If you do not agree, do not use the platform.
1. Nature of the Platform
WaiterSwapTM is a marketplace platform that connects:
- Businesses (bars, restaurants, events, hospitality businesses)
- Pros (independent contractors such as bartenders, servers, barbacks, and event staff)
WaiterSwapTM 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, ratings, and communication.
2. Independent Contractor Status
All Pros using WaiterSwapTM are independent contractors, not employees, agents, or representatives of WaiterSwapTM.
Businesses 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
- WaiterSwapTM 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
WaiterSwapTM does not guarantee:
- That a Business will find available Pros
- That a Pro will get hired for a shift
- The quality, reliability, safety, professionalism, or performance of any Business 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
WaiterSwapTM 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
Businesses agree to:
- Pay all fees charged by WaiterSwapTM
- Allow WaiterSwapTM 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 WaiterSwapTM's payment processor
- Pay applicable platform fees
- Report earnings as required by law
WaiterSwapTM 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 WaiterSwapTM)
- 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:
WaiterSwapTM is NOT liable for:
- Injuries, damages, accidents, loss, theft, or death
- Misconduct or negligence by Pros or Businesses
- 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 WaiterSwapTM at your own risk, and agree that WaiterSwapTM is not responsible for the acts or omissions of any Business or Pro.
8. Indemnification
Users agree to defend, indemnify, and hold harmless WaiterSwapTM 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
WaiterSwapTM 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 WaiterSwapTM is ever found liable despite these protections:
Our maximum liability is limited to the greater of:
- $100, or
- The amount paid to WaiterSwapTM by you in the last 6 months
12. Account Termination
WaiterSwapTM 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 WaiterSwapTM:
- Trademarks
- Logos
- Software
- Designs
- Algorithms
- Branding
- Text
- Images
- Features
Users may not copy, recreate, or reverse-engineer the platform.
14. Modifications
WaiterSwapTM 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.