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Shifts Reliance Terms of Service
This Terms of Service agreement (“Agreement”) is entered into by and between Shift Reliance, LLC, a technology company (“Shift Reliance”, The “Company”, “we” or “us”), and you, an independent contractor or self-employed licensed healthcare provider (“you”) (together, the “Parties”).

A. Introduction

The Company: The Company is a technology provider offering a platform that enables healthcare organizations and licensed, self-employed or independent contractor healthcare providers to connect with and enter into business-to-business service agreements. The Company itself is not a healthcare provider or facility and has no affiliation with the healthcare providers or organizations using its platform. It simply facilitates connections between parties under terms they independently establish.

You: You are a licensed healthcare provider operating as a self-employed individual or independent contractor who independently decides whether, when, and with whom to provide services via the Platform. To use the Platform, you must:
(a) be at least 18 years old;
(b) reside in the United States, excluding the states of California, Illinois, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Washington, and Wisconsin;
(c) not have been previously suspended or removed from the Platform or engaged in any conduct that could lead to removal;
(d) maintain only one active Account on the Platform; and
(e) have the legal authority to enter into this Agreement without conflicting with any other agreements to which you are a party.

Purpose:
This Agreement sets forth the terms and conditions that govern your access to and use of the Company’s technology platforms. These include the Shift Reliance Online website at http://www.shiftsreliance.com and any third-party platforms with which both you and Shift Reliance have established contractual relationships (collectively referred to as the “Platforms”).

Acknowledgments:
By accessing or using any of the Platforms, you acknowledge that you have read and understood this Agreement and agree to review it carefully before proceeding with onboarding. During onboarding, you will be required to accept the Terms of Service either by clicking an acceptance button or providing an electronic signature. Your continued use of the Platforms indicates your agreement to comply with this Agreement and any future updates. These terms apply regardless of how you access the Platforms. If you do not accept the terms of this Agreement, including the mandatory arbitration and class action waiver provisions, you may not access or use the Company’s Platforms.

B. Definitions

  • Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with a party. “Control” means owning more than fifty percent (50%) of the voting shares or other ownership interests or having a majority of voting rights in that entity.
  • Company Data: All data related to the access, use, and operation of the Services, including data about Shifts provided through the Services and any information related to Facilities.
  • Facility: A healthcare provider facility that has been authorized by Shifts Reliance to use the Services to request Healthcare Services from you.
  • Facility Information: Information about a Facility that is shared with you in connection with their request for Healthcare Services. This may include the Facility’s name, location, contact details, and description of their specific service needs.
  • Licensed Healthcare Provider: An individual who holds a valid license or certification as a Certified Nurse Aide (CNA), State Tested Nursing Assistant (STNA), Registered Nurse (RN), Certified Medication Technician (CMT), or Licensed Practical Nurse (LPN).
  • Healthcare Services: The healthcare-related services you provide as a Licensed Healthcare Provider (CNA, STNA, RN, CMT, or LPN), which are requested and accepted through the Platforms.
  • Services: The Platforms and associated features that allow Facilities and Licensed Healthcare Providers to connect. These include on-demand lead generation, communication tools, scheduling, approvals, and payments, as described in Sections D and H, along with related support services. These Services may be updated or changed over time.
  • User: Any individual who uses or accesses the Platforms or performs Shifts.
  • Shift: A scheduled instance of Healthcare Services provided by an independent or self-employed Licensed Healthcare Provider to a Facility. Each Shift includes details such as the type of service, date, time, duration, and location, all coordinated and confirmed through the Services.
  • Relationship Between the Parties

You acknowledge and agree that:

  • Nature of the Company: We are a technology platform, meaning a marketplace online digital platform where individual independent contractors or entities seeking such services connect to do business under whatsoever agreement they decide. Additionally, we are not a staffing agency, and not a healthcare provider or employer, meaning that this is not an employment agreement or not an employer-employee relationship.
  • Employment Status: You are not an employee of the company. This means:
    • No benefits like but not limited to healthcare insurance, unemployment insurance, or workers’ compensation insurance from the company.
    • No W-2 tax treatment — you’ll likely receive a 1099 form for tax purposes.
  • No Legal Relationship: There’s no partnership, joint venture, or agency relationship— you’re working for yourself. You are your own boss.
  • Limited Authority: You can’t act on the company’s behalf or represent yourself as their employee.
  • Independent Contractor Status: You are and will remain an independent contractor, even if you work through this platform regularly.
  • Temporary Business relationship: The relationship between you and the company is temporary, you are an independent contractor, and we have a temporary business relationship and not an employer-employee relationship.
  • Non-Exclusive Relationship

You acknowledge and agree that:

  • Freedom to Work Elsewhere: You’re not restricted from working only through this platform.
  • The company expects you to work for others as well and acknowledges that you may earn income from multiple sources.
  • Equipment

You acknowledge and agree that:

  • Self-Provided Tools: You must provide your own tools, materials, and labor needed for healthcare services.
  • No Reimbursements or Uniforms: The company won’t reimburse any expenses or supply uniforms.
  • Direction and Control

You acknowledge and agree that:

  • Flexibility: You:
    • Choose which shifts to accept, and how often.
    • Choose shift durations and how to deliver services.
  • Autonomy: No training required from the company, and you control how services are delivered. You are your own boss.
  • Hiring: You may hire others to help you fulfill your shifts (subcontracting is allowed).
  • Legal Compliance: You’re responsible for complying with all relevant laws in performing your duties.
  • The Company will not provide you with any mandatory training related to the services provided and will not exercise control over how healthcare services are delivered.
  • You are solely responsible for ensuring full compliance with all applicable federal, state, county, and municipal laws, ordinances, statutes, executive orders, and regulations in connection with your performance of services under this Agreement.

Taxes and Benefits

You acknowledge and agree that:

  • For all legal and tax purposes—including but not limited to the Federal Insurance Contributions Act (FICA), Social Security Act, Federal Unemployment Tax Act (FUTA), income tax withholding laws, and all other applicable federal, state, and local laws—you are and will remain classified as an independent contractor, not an employee of the Company.
  • As such, the Company will not withhold any employment taxes from payments made to you under this Agreement. You are solely responsible for reporting and paying all applicable taxes or contributions, including income tax, unemployment insurance, Social Security, and any other federal, state, or local taxes related to your services.

You agree not to claim or imply in any tax filings, benefits applications, or legal proceedings—directly or indirectly involving the Company—that you are anything other than an independent contractor.

You, along with your affiliates, employees, or subcontractors, are not eligible to participate in any Company or Facility-sponsored benefit programs, including but not limited to: pension plans, health or disability insurance, general or automobile liability coverage, or any other fringe benefits.

You agree to maintain appropriate insurance coverage throughout the term of this Agreement, including:

  • Occupational Accident Insurance (OAI) to cover any injuries incurred while fulfilling a Shift.
  • Malpractice Insurance to cover liability related to professional services.

To help meet these requirements, Shift Reliance has arranged insurance coverage through the On-Demand Independent Contractors Association (ODICA):

  • $500,000/$1,000,000 aggregate for OAI
  • $1,000,000/$3,000,000 aggregate for Malpractice Insurance
    Both are brokered through Bunker Protect.

A Platform Usage Safety Fee of $0.62 per hour will be charged for services performed on the Shift Reliance platform. This fee may be used toward your OAI, Malpractice Insurance, and ODICA membership dues. By agreeing to these Terms of Use, you consent to this fee. If you already maintain qualifying insurance, you may contact Shift Reliance to potentially wave the fee.

By accepting these Terms of Use, you agree to become a member of ODICA. Membership:

  • Is non-transferable and limited to one per eligible person.
  • Is subject to ODICA’s bylaws, which may change from time to time and are available upon request.
  • Does not create an employer-employee relationship between you and ODICA.

ODICA may offer benefits and products at its sole discretion, and these may vary by vendor, availability, or state of residence. ODICA reserves the right to change vendors or discontinue benefits without notice. Termination of ODICA membership will result in the loss of such benefits.

By agreeing to these Terms of Use, you authorize ODICA to share your information with third-party vendors as needed to provide these benefits or services.

If you, your affiliates, employees, or subcontractors cause injury to a third party while providing services during a Shift or other covered activity, you understand that:

  • You will not be covered under the Company’s general or auto liability insurance.
  • The Company is not obligated to defend or indemnify you for such incidents.

You are required to promptly report any accidents or emergencies that occur during a Shift to Shift Reliance at and cooperate fully with any related inquiries. However, do not share any protected health information (PHI) in violation of HIPAA or other applicable laws.

You, your affiliates, employees, and subcontractors:

  • Are not eligible for unemployment benefits unless you have arranged your own unemployment insurance coverage.
  • Are not covered by workers’ compensation benefits from the Company or Facility. If injured during a Shift, you acknowledge that workers’ compensation coverage must be provided by you or another source.

Finally, you agree to indemnify, defend, and hold harmless the Company from any costs, penalties, or damages (including attorney’s fees) arising from your failure to pay required taxes or contributions, or from the Company’s decision not to withhold such taxes.

Platform Usage Terms

1. Registration

To access and schedule Shifts via the Shift Reliance Platform, you must register and agree to the terms outlined in this Agreement. During registration, you’ll need to provide:

  • Your full name and contact details (address, phone number, email),
  • Proof of current credentials and work history,
  • A username and password, and
  • Confirmation that you are over 18 years old.

2. Background Checks and Drug Screening

To be eligible for Facility Shifts, you must pass a drug screening, TB test, background checks (including OIG registry), and other legally required verifications. Shifts Reliance will coordinate these through a third-party provider at your expense. The total cost is $71.00, which will be deducted from your first two completed Shifts ($35.50 per Shift). You’ll also be required to complete any necessary consent and authorization forms.

3. Vaccinations and Immunizations

You must provide up-to-date proof of COVID-19 vaccination and any other immunizations as required by state law and individual Facility policies.

4. Credentials

You are responsible for maintaining valid, current credentials required for your role. Shifts Reliance may notify you of upcoming expirations but is not obligated to do so. If your credentials (e.g., licenses, CPR certification, immunizations) expire, any scheduled Shifts may be canceled without payment, and your Platform access may be restricted or suspended until your documents are updated and verified.

5. Maintaining Your Registration

You are solely responsible for keeping your registration information accurate and up to date. Failure to do so may lead to restrictions on your Platform access or termination of your account.

6. Signing Up for Shifts

Once registered, you may request available Shifts through Shifts Reliance’s proprietary online scheduling system. All Shift activity—requests, confirmations, and cancellations—must be managed through the Platform. When a Facility confirms your Shift request, a binding agreement is created between you and the Facility. That Shift will then be removed from availability to other providers.

7. Time Tracking

After completing a Shift, you must log and verify your time through the Platform within 2 calendar days. The Facility will review and confirm the time before payment is processed.

8. Shift Cancellations

Your Cancellations:
You may cancel a requested Shift any time before the Facility accepts it. Once approved, you must make every effort to attend. If you must cancel, it must be done through the Platform. Cancellations less than 24 hours in advance will be marked as an Unauthorized Cancellation (“UC”). If your UC rate exceeds 15% of your confirmed Shifts, you will be in breach of this Agreement, and your access to the Platform may be suspended or terminated.

No Shows:
If you fail to show up for a confirmed Shift within one hour of the scheduled start time, or leave more than one hour early without authorization, it will be considered a No Show (“NS”). Three NSs will result in breach of this Agreement and may lead to termination or restriction of your Platform access.

Facility Cancellations:
Facilities may cancel Shifts through the Platform. If a Facility cancels a confirmed Shift within two hours of the scheduled start time, and you notify admin@shiftsreliance.com within 48 hours, Shifts Reliance will compensate you for 25% of the cancelled Shift’s value.

9. Account Security and Unauthorized Use

You are solely responsible for all activities under your username and password. Do not share your account or use someone else’s. If you suspect unauthorized access, you must notify Shifts Reliance immediately. You remain responsible for any activity until your account is deactivated or terminated.

Intellectual Property Rights

The Platform and all related content, including text, software, images, audio, video, design, and layout (collectively “Our Property”), are owned by Shifts Reliance or its licensors and protected under U.S. and international intellectual property laws.

You are granted a limited, non-exclusive, and revocable right to use the Platform solely for the purposes outlined in this Agreement. All other rights are reserved.

You may not:

  • Reproduce, distribute, modify, display, republish, or create derivative works of Our Property,
  • Use any material for commercial purposes outside of the permitted use,
  • Delete or alter copyright, trademark, or proprietary notices.

You may:

  • Temporarily store Platform content in RAM while accessing it,
  • Store files automatically cached by your browser,
  • Download one copy of any Talent Tove provided app for your personal use only.

Any unauthorized use may result in immediate termination of your access and may violate intellectual property laws. No rights or ownership are transferred to you through your use of the Platform.

All Shifts Reliance names, logos, and related designs are trademarks of Shifts Reliance or its affiliates. Use of these marks requires prior written consent. Other names and logos on the Platform are trademarks of their respective owners and are protected accordingly.

Your Interactions with Healthcare Facilities on the Platform

By fulfilling a Shift, you acknowledge and agree that a direct business relationship is established between you and the respective healthcare facility (“Facility”). The Company does not bear responsibility or liability for any actions or omissions by the Facility or its affiliates, officers, directors, managers, employees, agents, or patients in relation to your activities at the Facility, including those connected to your performance of any Shift.

You are solely responsible for any obligations or liabilities to Facilities or third parties arising from the provision of healthcare services during a Shift. It is your responsibility to take all reasonable and appropriate precautions, including maintaining valid insurance and licensure, in compliance with applicable laws and the Facility’s policies, standards, and procedures.

Unless explicitly authorized by the Facility, you may not perform any services outside those designated for the scheduled Shift, except in emergency situations where such services are necessary to prevent harm or further injury.

The Company is not responsible for any ongoing communications or relationships between you and any Facility. Furthermore, the Company makes no guarantees regarding the accuracy of information, including personal or Shift-related details, made available on the Platform. Neither the Company nor its affiliates, employees, agents, directors, investors, licensors, or suppliers will be liable for any claims, injuries, or damage resulting from your use of the Platform.

You remain solely responsible for fulfilling your agreed-upon services. Any failure to do so is your responsibility alone and does not transfer to the Company.

Shift Disputes

 Shifts Reliance strives to ensure that Facilities are satisfied with your services during Shifts. However, if a Facility reports dissatisfaction within twenty (20) days after a Shift is completed, Shifts Reliance may, at its sole discretion, issue a refund or adjust the Shift Fee accordingly. This may impact on your final payment. These cases are referred to as “Shift Disputes.”

Shift Disputes may include, but are not limited to:

  • (a) Your inability or refusal to adequately perform the agreed-upon services.
  • (b) Submission of inaccurate hours worked, resulting in potential overpayment.
  • (c) Failure to adhere to required safety, health, legal, or Facility-specific standards or procedures.

Upon receiving a Shift Dispute, Shifts Reliance will investigate and will contact you to provide your input or supporting information as part of the review process.

Licensure and Certifications

You acknowledge and agree that, at all times, you will: (a) hold and maintain all necessary licenses, certifications, and other credentials required to perform the Shifts you accept through the Platform; and (b) have the appropriate, up-to-date training, qualifications, and experience to provide Healthcare Services in a safe, competent, and professional manner, exercising appropriate skills, care, and diligence.

You also acknowledge and agree that you may be required to undergo background checks, drug screenings, TB testing, fingerprinting, OIG registry checks, and/or other screenings periodically, in order to qualify for and remain eligible to provide Healthcare Services in accordance with the requirements of specific Facilities and applicable laws. The Company reserves the right to suspend, deactivate, or otherwise restrict your access to the Platform at any time if you fail to meet these requirements.

Financial Terms

Payment Calculation:
You will be paid the hourly rate that the Facility advertised on the Platform and that you accepted. Shifts Reliance reserves the right to update payment terms at any time. If there are any changes to the payment structure or new charges related to using the Platform, you will be notified in advance.

Method of Payment:
Shifts Reliance processes payments to you on behalf of the Facility for the Healthcare Services you provide during Shifts. Payments are made weekly. You may choose to be paid via:

  1. Direct deposit, or
  2. Pay card (a one-time setup fee applies).

Overpayments:
If you are paid more than the agreed Shift Fee—due to errors, disputes, or incorrect shift confirmations— Shifts Reliance may recover the overpaid amount. This may be done by deducting the excess from future payments or by other legal means. Unless otherwise agreed in writing, any deduction will not exceed the overpaid amount.

Cancellation Charges:
You agree to the cancellation fees described in Section above.

No Additional Payment:
You agree that Shifts Reliance and its Affiliates may use your information for advertising or marketing purposes in line with the Privacy Policy. This use does not entitle you to any extra payment beyond what is stated in this Agreement.

Taxes:
You are solely responsible for fulfilling all tax registration requirements and for calculating and paying any taxes related to your Shifts, as required by law. You are also responsible for reporting and paying income taxes on your earnings from the Platform

Confidentiality 

  1. Confidential Information: You hereby acknowledge and agree that in the performance of this Agreement and fulfilling of any Shifts you may have access to or may be exposed to, directly or indirectly, confidential information of the Company, its Affiliates, Facilities, or related third parties (“Confidential Information”). Confidential Information includes Company Data, Facility Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that has been designated as being proprietary or confidential by the disclosing party or owner of such information or of which you should reasonably know that it should be treated as confidential.
  2. Ownership of Confidential Information: You hereby acknowledge and agree that, except as otherwise provided in this Agreement,: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) you shall not use Confidential Information for any purpose except in furtherance of this Agreement; (c) you shall not disclose Confidential Information to any third party; and (d) you shall return or destroy all Confidential Information, upon the termination of your Account or at the request of the disclosing party (subject to applicable law and, with respect to the Company, its internal record-keeping requirements).
  3. Exclusions: Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure at disclosing party’s sole cost.
  4. Protected Health Information: Notwithstanding anything to the contrary herein, you hereby agree and acknowledge that you will comply with all applicable laws regarding and related to the handling of, access to, and dissemination and destruction of protected health information (“PHI”), as that term is defined under applicable law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), that you may gain access to as a result of providing Healthcare Services under this Agreement. Notwithstanding anything to the contrary herein, you hereby agree and acknowledge that you shall not upload to any Platform or otherwise provide to the Company or its Affiliates any PHI that would violate applicable law, including HIPAA.

Protected Health Information (PHI):
You agree to comply with all applicable laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), regarding the handling, access, use, and disposal of protected health information (“PHI”) you may encounter while delivering Healthcare Services under this Agreement. You further agree not to upload or otherwise share any PHI via any Platform or with the Company or its Affiliates in a manner that would violate HIPAA or other applicable laws.

Confidentiality

Access to Confidential Information:
You acknowledge and agree that, in the course of performing your obligations under this Agreement and while fulfilling any Shifts, you may directly or indirectly access or be exposed to confidential information belonging to the Company, its Affiliates, Facilities, or related third parties (“Confidential Information”). This includes, but is not limited to, Company Data, Facility Information, transaction volumes, marketing strategies, business and financial information, technical data, operational details, and other non-public information—whether disclosed verbally or in writing—that is marked as confidential or should reasonably be understood to be confidential.

Ownership and Use:
Unless otherwise stated in this Agreement:
(a) all Confidential Information remains the sole property of the disclosing party;
(b) you may use such information only as needed to perform under this Agreement;
(c) you may not disclose any Confidential Information to third parties; and
(d) upon request or upon termination of your Account, you must return or securely destroy all Confidential Information in accordance with applicable law and the Company’s record-keeping policies.

Exclusions:
The term “Confidential Information” does not include information that:
(a) becomes publicly available through no fault of yours;
(b) was lawfully in your possession before this Agreement, without any confidentiality obligations;
(c) is rightfully disclosed by a third party without a duty of confidentiality; or
(d) must be disclosed by law, court order, subpoena, or government authority—provided you promptly notify the disclosing party and allow a reasonable opportunity for them to challenge or limit the disclosure, at their own expense.

Privacy

By using the Platform, you acknowledge and agree to the Company’s Privacy Policy, available at https://www.shiftsreliance.com/privacy-policy, which outlines how the Company collects, uses, and shares your information. The Company may update or modify its Privacy Policy at its sole discretion from time to time.

Warranties and Disclaimers

Your Representations and Warranties
You represent and warrant that:
(a) You have the full legal authority to enter into this Agreement and fulfill your obligations under it;
(b) You have not entered into, and will not enter into during the term of this Agreement, any agreement that would conflict with your obligations hereunder;
(c) You are a trained, certified, and licensed healthcare professional authorized to provide healthcare services;
(d) You are qualified and capable of performing the services associated with any Shifts you accept through the Platform; and
(e) You will comply with all applicable laws and regulations in fulfilling your obligations under this Agreement, including maintaining all required Credentials and authorizations necessary to provide Healthcare Services to third parties.

Platform Use and Availability
You acknowledge and agree that your use of and access to the Platform is at your own risk and is provided on an “as is” and “as available” basis. The Company and its affiliates make no warranties—express or implied—regarding the Platform. Specifically, the Company does not guarantee:

  1. The availability of Shifts through the Platform.
  2. Any specific outcome or result from the healthcare services provided; or
  3. That access to the Platform will be uninterrupted or error-free.

You understand that the Platform may become unavailable at any time for any reason. Delays, disruptions, and limitations may occur due to the nature of internet and electronic communications. The Company and its affiliates are not responsible for any delays, delivery failures, or any other damage or losses arising from such issues.

Facility Disclaimer
The Company does not make any representations, warranties, or guarantees regarding the actions or inactions of Facilities that may request or receive healthcare services from you. The Company and its affiliates do not screen or evaluate such Facilities. By using the Platform, you acknowledge that you may encounter third parties who may pose a risk or cause harm. You are solely responsible for taking reasonable precautions when interacting with others through the Platform.

Limitation of Liability
To the fullest extent permitted by law, the Company and its affiliates expressly disclaim any liability for your actions or omissions. The Company is not liable for any loss or damage caused by viruses, malware, distributed denial-of-service attacks, or other harmful technological events that may affect your devices, data, or software due to use of the Platform. The Company makes no warranties regarding the completeness, security, reliability, quality, accuracy, or availability of the Platform.

Nothing in this section limits any warranties or rights that cannot be legally excluded under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its licensors, and their respective parent companies, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and costs) arising out of or relating to:

  1. Any alleged misuse of the Platform by you or any of your affiliates, employees, or subcontractors.
  2. Any claim that User Data infringes a third party’s intellectual property rights (including copyrights, trademarks, or patents);
  3. Any breach by you of the representations, warranties, or obligations under this Agreement.
  4. Any violation of applicable law by you or your affiliates, employees, or subcontractors.
  5. Any negligent or intentional misconduct by you or your affiliates, employees, or subcontractors.
  6. Your content submitted, posted, or transmitted through the Platform.
  7. Any claim related to a Shift, including claims from third parties or government agencies alleging:
    • Misclassification of you as an independent contractor or employee of a Facility; or
    • That the Company acted as your employer or joint employer, or as the employer or joint employer of any of your affiliates, employees, or subcontractors, under applicable employment laws.

In addition, you agree to indemnify, defend, and hold harmless the Company, its licensors, and their respective parent companies, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and costs) arising out of or relating to your employment, engagement, or use of any affiliate, employee, or subcontractor in connection with the services provided under this Agreement, including but not limited to:

  1. Any claim that you misclassified any affiliate, employee, or subcontractor under any law (e.g., the Fair Labor Standards Act, Internal Revenue Code, or any state wage and hour laws);
  2. Any claim that the Company was an employer or joint employer of your affiliates, employees, or subcontractors under any law, including but not limited to the Fair Labor Standards Act, state wage and hour laws, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, or the National Labor Relations Act.

Limitation of Liability

To the fullest extent allowed by law, Shifts Reliance, its affiliates, licensors, service providers, employees, agents, officers, and directors will not be liable for any kind of damage no matter the legal basis (contract, tort, or otherwise)—that arise out of or relate to your use or inability to use the platform, any linked websites, services, or content. This includes indirect, special, incidental, consequential, or punitive damages, such as:

  • Personal injury
  • Pain and suffering
  • Emotional distress
  • Loss of income or profits
  • Business interruption or loss
  • Data loss
  • Reputational harm

Even if such damages were foreseeable, Shifts Reliance is not responsible—except where the law prohibits such exclusions or limitations.

In addition, any claim or legal action you may wish to bring in connection with this Agreement or the Platform must be filed within one (1) year after the issue giving rise to the claim occurs. Otherwise, the claim will be permanently barred—unless prohibited by law.

Termination

This Agreement begins when you first accept it and remains in effect until terminated by either party.

You may terminate this Agreement at any time, with or without reason, by sending written notice to admin@shiftsreliance.com Termination becomes effective on the later of:

  • The date you delete and deactivate your account; or
  • The day after you complete your last scheduled Shift that had already been accepted by a Facility at the time of termination notice.

Shifts Reliance may immediately terminate your account and this Agreement if you violate its terms. This includes, but is not limited to:

  • Having an unconfirmed cancellation (UC) rate over 15%
  • Failing to perform your duties for a Shift
  • Inaccurately reporting hours worked
  • Failing to comply with health/safety standards or facility policies
  • Having expired licenses
  • Failing any required background or credentialing checks
  • Having 3 or more no-shows (NSs) for confirmed Shifts

Arbitration and Class Action Waiver

Time Limit to File Claims

Any claim or dispute related to these terms, or the Platform must be filed within one year, or it will be permanently barred—unless this limitation is not permitted by law.

Agreement to Arbitrate

You and Shift Reliance agree to resolve any legal disputes through final and binding individual arbitration, not in court. This applies to:

  • Claims against Shift Reliance or its affiliates, partners, clients, or facilities
  • Disputes related to your independent contractor status
  • Payment or service issues
  • Any claim arising from your relationship with Shifts Reliance, now or in the future

This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and overrides any contrary laws.

The arbitrator, not the court, will decide most issues, including the enforceability of this Agreement—except for challenges to the Class Action Waiver, which must be handled by a court. This does not prevent you from reporting to or cooperating with government agencies (e.g., EEOC, OSHA, NLRB)

Filing Arbitration

To start arbitration:

  • Provide written notice via U.S. Mail or hand delivery within the applicable time period.
  • Include your name, address, a brief description of your claim, and the remedy you seek.
  • Send the notice to:


             Shifts Reliance LLC
            admin@shiftsreliance.com

Class Action Waiver

You agree not to bring or participate in any class, collective, or representative action. Any such claim will be handled only as individual arbitration. The arbitrator has no authority to hear class or group actions.

If a court finds any part of this Class Action Waiver unenforceable, only that part will be litigated in court, while the rest remains in arbitration.

Arbitration Rules

  • Governed by the AAA Commercial Arbitration Rules
  • Conducted by one arbitrator with legal experience
  • Arbitration held in the county/state where you last worked with Shifts Reliance
  • Each party pays its own legal costs unless otherwise required by law
  • The arbitrator may grant any remedy available under the law

You may bring motions (like summary judgment), and the arbitrator must provide a written decision with findings and conclusions.

You can find the AAA Rules at http://www.adr.org.

Opt-Out Option

You may opt out of arbitration within 30 days of first accepting these terms by writing to:

  • Shifts Reliance LLC
    9028 Falls of Neuse Road
  • Raleigh, NC 27615

Include your name, address, and a statement that you are opting out of the Arbitration Agreement. If you opt out, you can take disputes to court instead. You will not be retaliated against for opting out.

Miscellaneous

Assignment: You cannot transfer this Agreement without consent. Shift Reliance may assign it to a third party or acquirer.

Nondiscrimination: Shift Reliance prohibits discrimination based on any protected class under federal, state, or local law.

Modifications: Shift Reliance may update these terms at any time. Material changes will be communicated by email or in-app notice. If you continue to use the Platform after updates, you agree to the changes.

Choice of Law: This Agreement is governed by the laws of the state where you provide services, without regard to conflicts of law principles.

Geographic Use: The Platform is intended for U.S. users only. Use outside the U.S. or certain states may be unlawful.

Force Majeure: Shift Reliance isn’t liable for failures caused by events outside its control (e.g., natural disasters, cyberattacks, etc.).

Waiver and Severability: Failure to enforce a right doesn’t waive that right. If any part of this Agreement is found invalid, the rest will still apply.

Entire Agreement: These terms, along with the Privacy Policy and any incorporated agreements, make up the entire agreement between you and Talent Trove