Terms of Service — Venues

Welcome to Swipe-A-Shift! We're here to give you the helping hands you need when you need them most — whether it's a last-minute call-out, a busy weekend, or an unexpected event. These Terms explain how our platform works, what you can expect from us, and what we expect from you. By creating an account or posting shifts, you agree to these Terms.

1. What Swipe-A-Shift Does

Swipe-A-Shift is a marketplace that connects restaurants and hospitality venues with experienced support staff. Think of us as your backup team — just a lil help when you need it most.

We are NOT:

  • A staffing agency (we don't employ workers)
  • Your employee or agent
  • The worker's employer (they're independent contractors)
  • Responsible for worker conduct during shifts (you supervise them)
  • An insurance provider

We ARE:

  • A technology platform that facilitates connections
  • The payment processor (we handle transactions securely)
  • Your support team (we're here if issues come up)
  • Building a community where restaurants and workers rise together

2. Who Swipe-A-Shift Is For (Complement Your Team, Don't Replace It)

Swipe-A-Shift works best for support positions that need minimal venue-specific training — the roles where one more set of hands changes everything.

✅ Perfect for Swipe-A-Shift:

  • Last-minute coverage: Busser called in sick, bar back no-show, need extra host for Valentine's Day
  • Surge support: Unexpected rush, private event, holiday weekend
  • Roles we focus on: Bussers, bar backs, hosts, food runners, dishwashers, prep assistants, event support

💡 Keep your core team:

  • Servers: Need menu knowledge, regular customer relationships — keep your experienced team
  • Bartenders: Need drink recipes, regulars, finesse — better with consistent staff
  • Line cooks: Need station knowledge, timing, teamwork — not ideal for gig work

You CAN post these roles if needed, but they work best with staff who know your venue.

🎯 Our mission:

We're here to help you avoid turning guests away for lack of staff. Swipe-A-Shift gives you reliable support when you need it, without replacing the core team that makes your venue special.

3. How Pricing Works (You Set the Rate)

You're in control. Just like Turo lets car owners set rental rates, Swipe-A-Shift lets you set your own rates for shifts. We'll suggest smart pricing based on demand, but you decide what to pay.

💰 All-in pricing (simple & transparent):

  1. You set an "all-in" hourly rate (e.g., $24/hour)
  2. This is what YOU pay — no surprise fees
  3. Our 20% platform fee is included in that rate
  4. The worker receives 80% ($19.20/hour in this example)
  5. Stripe processing fees (~3%) are also included

Example: You post at $24/hr all-in → Worker sees $19.20/hr → We keep $4.80/hr (covers platform, payment processing, support, insurance)

🎯 Rate recommendations:

When you post a shift, we'll show you recommended rates based on:

  • Role type (bussers vs. bar backs vs. hosts)
  • Day and time (Friday night = higher demand)
  • How soon the shift starts (last-minute = higher)
  • What similar venues in your area are paying
  • Current supply/demand

You can accept our suggestion or set your own rate. Higher rates = faster fills.

🔥 Dynamic pricing (surge):

When demand is high (Friday/Saturday nights, last-minute needs, bad weather), rates may automatically increase by 10-20% to attract workers faster. You set a base rate and a maximum rate — we'll optimize within your range.

Example:

You set: Base $24/hr, Max $28/hr

Friday at 5pm: Demand is high, surge kicks in at 1.15x

Rate adjusts to: $27.60/hr (within your max)

Worker earns: $22.08/hr (more money = faster fill)

Shift fills in 20 minutes instead of 3 hours! ✅

💵 Real pricing examples:

Busser - Weeknight

Your rate: $22/hr all-in

Worker gets: $17.60/hr | Platform: $4.40/hr

Typical fill time: 1-2 hours

Bar Back - Weekend (High Demand 🔥)

Your rate: $28/hr all-in (surge to $32)

Worker gets: $22.40-25.60/hr | Platform: $5.60-6.40/hr

Typical fill time: 15-30 minutes

Host - Quiet Tuesday

Your rate: $20/hr all-in

Worker gets: $16/hr | Platform: $4/hr

Typical fill time: 2-4 hours

When you're charged:

  • Immediately when shift is filled: We charge your card the full shift amount (rate × hours)
  • Funds held in escrow: Payment is held securely by Stripe (our payment processor) until shift completes
  • After shift completion: You have 48 hours to approve or dispute the work
  • Auto-approval: If you don't respond within 48 hours, payment automatically releases to the worker
  • Worker gets paid: Within 2 business days of your approval (or auto-approval)

Why charge upfront? It guarantees payment to workers (they're independent contractors without job security) and prevents no-payment disputes. Funds are held safely in escrow, not spent until the work is done.

4. Payment Terms

Payment method:

You must have a valid credit card on file. We use Stripe for secure payment processing. All major credit cards accepted.

Payment timeline:

  • Shift filled: Card charged immediately for full shift amount
  • Shift in progress: Funds held in escrow by Stripe
  • Shift completes: 48-hour review window begins
  • You approve OR 48 hours pass: Payment releases to worker
  • You dispute: Our support team reviews and mediates

Failed payments:

If your card is declined when a shift is filled, the shift is immediately cancelled and goes back to available shifts. Update your payment method to avoid this.

Refunds & disputes:

See our Cancellation & Refund Policy for details on when refunds are available (worker no-shows, worker misconduct, etc.).

5. Tips (You Handle Them Directly)

💵 Swipe-A-Shift doesn't touch tips.

Your responsibilities:

  • Disclose tip policy: When posting shifts, indicate whether the role receives tips ("Base + tip share," "No tips," "Pooled tips")
  • Pay tips directly: All tips (cash, credit card) go directly from you to the worker within 24 hours
  • Credit card tips: You may deduct only the proportional card processing fee (typically 2-3%)
  • Tip pools: If you use tip pooling, it must comply with federal and state law (managers/owners can't participate)
  • Transparency: Workers can report suspected tip violations to us. Verified violations = account suspension

What we expect:

100% of tips go to workers who earned them. Swipe-A-Shift will remove venues that withhold, misrepresent, or unfairly pool tips. This is non-negotiable.

For complete details, see our Tip Transparency & Fair Pay Policy.

6. Insurance & Liability (Your Legal Obligations)

⚠️ This is critically important. Please read carefully.

Workers' Compensation Insurance:

You are required by law to carry workers' compensation insurance that covers work performed at your premises, including by independent contractors engaged through Swipe-A-Shift.

  • Most states require this for all businesses with employees or contractors
  • If a worker is injured during a shift at your venue, your workers' comp insurance should cover them
  • Swipe-A-Shift does NOT provide workers' compensation coverage
  • Upon request, you must provide a certificate of insurance to Swipe-A-Shift or to workers

General Liability Insurance:

You must maintain general liability insurance as required by law. This covers injuries or incidents that occur at your venue.

Your representation:

By posting shifts on Swipe-A-Shift, you represent and warrant that:

  • You have valid workers' compensation insurance covering your location
  • You have general liability insurance
  • You comply with all OSHA and workplace safety requirements
  • Your venue is a safe environment for workers

If a worker is injured:

  1. Immediately provide first aid and call 911 if needed
  2. Document the incident (incident report)
  3. Notify your insurance carrier
  4. Notify Swipe-A-Shift support within 24 hours
  5. File workers' comp claim with your insurer
  6. Your insurance covers the injury, not Swipe-A-Shift

If you don't carry proper insurance, you are violating these Terms and may be liable for any injuries or damages. We strongly recommend consulting with an insurance broker to ensure adequate coverage.

7. Indemnification (You Protect Us, We Protect You)

You agree to indemnify, defend, and hold harmless Swipe-A-Shift LLC, its officers, employees, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from:

  • Injuries or incidents at your venue: If a worker (or anyone else) is injured at your location, that's your responsibility, not ours
  • Your failure to comply with laws: Including wage laws, tip laws, workers' comp requirements, OSHA, health codes, etc.
  • Your failure to maintain insurance: If you don't have proper coverage and a claim arises, you're responsible
  • Worker classification disputes: If a worker or government agency claims a worker should have been your W-2 employee (not a 1099 contractor), you defend that claim
  • Your conduct: Harassment, discrimination, safety violations, tip withholding, or any illegal activity by you or your staff
  • Third-party claims: If a customer sues you over something that happened during a Swipe-A-Shift worker's shift, that's between you, the customer, and your insurance

In plain English: You're responsible for what happens at your venue. Swipe-A-Shift connects you with workers, but we're not liable for injuries, disputes, or legal issues that arise from your operations.

We protect you too:

If a worker causes damage or behaves inappropriately, you can dispute the shift, report them to us, and we'll investigate. Workers who violate our policies are suspended or banned. Your reputation matters to us.

8. Independent Contractor Relationship (Workers Are NOT Your Employees)

Important classification clarification:

Workers on Swipe-A-Shift are independent contractors, NOT your employees (W-2) or Swipe-A-Shift's employees. This distinction is legally important.

What this means for you:

  • No W-2: You don't issue W-2 forms, withhold taxes, or provide benefits to Swipe-A-Shift workers
  • No employment relationship: Workers are not your employees just because they work a shift at your venue
  • You set the task, not the method: Tell workers what needs to be done (clear tables, stock bar), but they control how they do it
  • Short-term engagement: Workers are not permanent staff. Each shift is an independent transaction
  • No exclusivity: Workers can (and do) work for multiple venues, use other platforms, have other jobs

Your responsibilities during shifts:

  • Supervision: You supervise workers during their shift (we don't)
  • Safety: Maintain a safe work environment
  • Direction: Give clear instructions on tasks and expectations
  • Tools: Provide any necessary equipment (uniforms, tools, POS access if needed)
  • Compliance: Follow health codes, labor laws, and safety regulations

Legal note: Swipe-A-Shift structures the relationship to maintain proper independent contractor classification under IRS guidelines and state labor laws. However, you are responsible for ensuring your treatment of workers complies with applicable laws. If you consistently use the same workers, schedule them regularly, or exercise significant control over their methods, consult an employment attorney to ensure proper classification.

9. Shift Posting & Cancellations

Posting shifts:

  • You can post shifts for support roles (busser, bar back, host, food runner, dishwasher, prep, event staff)
  • Include: Date, time, role, rate range, any special requirements (certifications, dress code)
  • Be accurate: Don't misrepresent the role, rate, or conditions
  • Once a worker accepts, you're committed to that shift

✅ FREE CANCELLATION (No penalty):

  • More than 24 hours before shift: Cancel anytime, full refund
  • Worker is notified, shift goes back to marketplace
  • No impact on your account

⚠️ LAST-MINUTE CANCELLATION (Partial refund):

  • Less than 24 hours before shift: You pay a 2-hour cancellation fee (rest is refunded)
  • Example: 6-hour shift at $24/hr = $144 total. You're refunded $96, pay $48 cancellation fee
  • This compensates the worker who blocked their time for you
  • Repeated last-minute cancellations may result in account review

🏥 EMERGENCY EXCEPTIONS:

Full refund available for documented emergencies:

  • Natural disaster, power outage, required closure
  • Health department closure
  • Documented emergency (provide proof within 24 hours)

Worker no-shows:

If a worker doesn't show up, contact our support immediately. We'll refund you in full and the worker faces immediate suspension. We take no-shows seriously.

For complete details, see our Cancellation & Refund Policy.

10. Your Responsibilities (Be a Good Venue)

Behind every great meal are the hands that make it happen. Treat workers with respect, and they'll help you succeed.

✅ DO:

  • Greet workers warmly when they arrive
  • Provide clear instructions and expectations
  • Give a quick orientation (restrooms, break area, emergency exits)
  • Treat them the same as your regular staff
  • Provide necessary tools, uniforms, equipment
  • Maintain a safe, clean work environment
  • Pay tips promptly (within 24 hours)
  • Approve completed shifts within 48 hours
  • Leave fair, honest ratings
  • Report issues to us if they arise

❌ DON'T:

  • Harass, discriminate, or mistreat workers
  • Withhold or steal tips
  • Create unsafe working conditions
  • Try to hire workers "off-platform" to avoid fees
  • Leave unfair or retaliatory ratings
  • Dispute shifts without legitimate cause
  • Misrepresent shift details or rates
  • Require workers to bring their own tools (basic supplies are your responsibility)

Account suspension/termination: We can suspend or ban venues for: tip withholding, harassment, safety violations, insurance lapses, repeated false disputes, or attempting to bypass the platform.

11. Worker Verification Levels (Choose Your Requirements)

Swipe-A-Shift uses a tiered verification system. You can choose which level of verification you require for each shift.

🆓 Tier 1: Basic (Any worker)

Email/phone verified. Good for low-risk roles with supervision.

✓ Tier 2: ID Verified (Recommended)

Government ID verified. Recommended for most FOH roles. Free to workers. Launching December 2025.

⭐ Tier 3: Background Checked (Premium)

7-year criminal background check. Best for roles with cash handling, alcohol service, or higher trust. Workers pay $35/year. Launching January 2026.

🌟 Tier 4: Elite Verified (VIP)

Background check + verified references + work history. For fine dining, private clubs, VIP events. Workers pay $79/year. Launching Q2 2026.

When posting shifts, you can require a minimum verification tier. Higher tiers typically fill slower (smaller worker pool) but provide more confidence. Most shifts work well with Tier 2 (ID Verified).

For details on what's included in each tier, see our Background Check Policy.

12. Ratings & Reviews

After each shift, please rate the worker (1-5 stars) and optionally leave feedback. Your ratings help maintain quality and guide other venues.

Please be fair and honest:

  • 5 stars: Excellent work, would hire again immediately
  • 4 stars: Good work, minor issues or room for improvement
  • 3 stars: Acceptable but significant issues
  • 2 stars: Poor performance, would not hire again
  • 1 star: Unacceptable (no-show, misconduct, theft)

What NOT to do:

  • Don't leave retaliatory ratings (because worker declined another shift, reported a tip issue, etc.)
  • Don't rate based on factors outside the worker's control (bad weather, your own staffing issues)
  • Don't use ratings to coerce workers into working off-platform

Workers can dispute unfair ratings. We review and may remove ratings that violate our policies.

13. Liability & Disclaimers

Important legal disclaimers:

Platform provided "AS IS":

Swipe-A-Shift is provided as-is, without warranties. We don't guarantee that shifts will always be filled, that workers are perfect, or that technology never fails. We do our best, but we're not perfect.

Worker conduct:

We're not responsible for worker behavior, performance, or actions. You supervise workers during shifts. If a worker damages property, injures someone, steals, or violates laws, that's between you, the worker, and your insurance. We'll help by suspending/banning bad actors, but we're not liable for their conduct.

Venue responsibility:

You're responsible for your venue's safety, compliance with laws, insurance coverage, and treatment of workers. We facilitate connections; we don't control your operations.

Maximum liability:

If we're found liable for something (which we work hard to avoid), our maximum liability is the amount you paid through the platform in the past 12 months, or $500, whichever is greater. This is standard for tech platforms.

14. Privacy & Your Data

We collect information to run the platform (your business info, payment details, shift history, ratings). We take privacy seriously and never sell your data.

For full details, see our Privacy Policy.

Quick summary:

  • We use your data to match you with workers and process payments
  • Workers see your venue name, location, shift details, and ratings
  • We share data with Stripe (payments), Checkr (background checks), and hosting providers
  • You can request your data or close your account anytime
  • We comply with GDPR, CCPA, and other privacy laws

15. Dispute Resolution

If you have an issue with Swipe-A-Shift, please contact us first at support@swipeashift.com. We're reasonable and will work with you to resolve problems.

Informal resolution:

Give us 30 days to try to resolve disputes informally. Most issues can be solved with conversation.

Binding arbitration:

If we can't resolve the issue, disputes will be settled through binding arbitration (not court), under American Arbitration Association (AAA) rules.

  • Location: Portsmouth, NH or via Zoom
  • Each party pays their own costs (unless law requires otherwise)
  • Decision is final and binding
  • You waive the right to jury trial

Class action waiver:

Disputes are resolved individually, not as part of a class action. You can't join with other venues to sue us collectively.

Small claims exception:

Disputes under $5,000 can be filed in small claims court if you prefer.

16. Changes to These Terms

We may update these Terms as we improve the platform or comply with new laws. Material changes will be posted with a new "Effective" date, and we'll email you.

Continued use = acceptance: If you keep using Swipe-A-Shift after changes are posted, you're agreeing to the new Terms.

17. Termination

You can close your account anytime:

Email support@swipeashift.com. Complete any active shifts first. Outstanding payments will be processed.

We can terminate for cause:

If you violate these Terms (tip withholding, harassment, insurance lapses, safety violations, platform bypass), we can suspend or permanently ban your account.

Effect of termination:

  • Immediate loss of platform access
  • Future shifts cancelled (workers notified)
  • Active shifts proceed as scheduled
  • Outstanding payments processed normally
  • Data retained per Privacy Policy and legal requirements

18. General Legal Provisions

Entire agreement:

These Terms, plus our Privacy Policy, Tip Transparency Policy, and other referenced policies, constitute the complete agreement.

Governing law:

These Terms are governed by New Hampshire law.

Severability:

If any provision is invalid, the rest remains in effect.

No waiver:

Our failure to enforce a provision doesn't waive our right to enforce it later.

Assignment:

You can't transfer your account. We can assign these Terms if Swipe-A-Shift is acquired or merges.

Force majeure:

Neither party is liable for failures due to events beyond reasonable control.

Questions? We're Here to Help

If you have questions about these Terms or need support, contact us:

We're building this together. One more set of hands changes everything. 🌊

Effective Date: November 5, 2025

Version: 1.0 - Venues

Business Address: 170 Commerce Way, Suite 200, Portsmouth, NH 03801

© 2025 Swipe-A-Shift LLC | compliance@swipeashift.com

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