Dish Shift Service Agreement

Dish Pit Staffing Company 

Updated: January 14, 2025

This Customer Agreement for Dish Shift Service (“Customer Agreement”) sets out the legal terms of the relationship between Dish Pit Staffing Co. (“Dish Shift”) and the entity or person (“you”, “your”, or “Customer”) that registered to use the Dish Shift Service. Dish Shift provides an on-demand service (the “Service”) that helps Customers offer jobs to a network of geographically distributed independent contracting Dishwashers (who we call “Dish Shifters”).

This Customer Agreement incorporates by reference Dish Shifts Privacy Policy, Dish Shifts Acceptable Use Policy, Dish Shift’s Equality Policy, and, if applicable, Dish Shift’s Rate Confirmation Form (the “Form”), hereinafter collectively referred to as the “Agreement”. Customer and Dish Shift may be referred to collectively as the “Parties” or individually as a “Party.”

By using the Service, and the Dish Shift Platform in connection with the Service, you represent that (1) you have read, understand, and agree to be bound by this Agreement, and (2) you have the authority to enter into this Agreement on behalf of Customer.

1.1 Dish Shift Platform. Dish Shift Service uses a technology platform (the “Dish Shift Platform”) www.DishShift.com, through which Customer can be connected with Dishwashers (Dish Shifters). The Dish Shift Platform means Dish Shifts proprietary technology platform that is provided by Dish Pit Staffing Co. to Customer through www.DishShift.com, which Customer can be connected to Dishwashers. The Dish Shift Platform consists of a mobile application (“Mobile App”), a Customer portal (“Portal”), and other related technology. Through use of the Dish Shift Platform, Customer may, in its discretion, post a work request (“Request”) containing a general dishwashing job description seeking one or more Dishwashers, Agreeing To the compensation related to that Request and inviting qualified Dishwashers to accept such Request. Requests can cover a single day or multiple days; each day is separately referred to as an "Dish Shift". If a Dishwasher agrees to the Request (“Accepts”), including the Dish Shifters classification as an independent contractor, a contractual agreement (an “Accepted Request”) is formed directly between such Customer and the Dish Shift.

1.2 Content of Request. Requests shall include a description of the work to be performed, the date and start and end time, if applicable. Customer acknowledges and agrees that the information that it provides in a Request will be sent to Dish Pit Staffing who will need this information to determine The Best Candidate For The open Position. By submitting the Request, Customer expressly consents to have details of the Request sent to Dish Shifters, and Customer further acknowledges and agrees that any information contained in a Request is accurate, current, and truthful.

1.3 Tracking Time, Review by Customer, and Payment of Dishwashers. Dishwashers shall use the Mobile App or other Dish Shift technology to track their time worked for Customer. On a daily basis, Customer shall review and approve completion of the applicable job and the time worked. If Customer does not dispute completion of the jobs or the time worked by each applicable Dish Shifter by 11:59 p.m. of the day on which the Engagement is completed, Customer accepts the Engagement as worked and Dish Shifts time records as accurate for purposes of computing The Billing fees owed under this Customer Agreement. Once the Customer accepts through action or inaction, the Request, it shall be a “Completed and Approved Request”. If Dish Shift reasonably determines that any disputed time was not actually worked, such amounts shall not be charged to Customer. Customer shall not reject or modify any Dishwashers time entries in an inaccurate manner. Dish Shift shall facilitate the payment of compensation of such Dish Shifter at such rate(s). Customer shall not be responsible for transmitting required tax forms to any Dish Shifter performing services for Customer.

1.4 Removal of Dish Shifter(s). Customer shall have the right to, for any lawful reason: (i) reject any Dish Shifter from performing services, or (ii) request that Dish Shift remove any or all of the Dish Shifters that have Accepted Requests with Customer hereunder. In such event, Dish Shift shall promptly comply with Customer’s directions. Customer’s liability to Dish Shift with respect to any lawfully removed Dish Shifters shall be limited to the greater of the Charges for the time actually worked by such Dish Shifter prior to the time of Customer’s request for removal.

1.5 Cancellation Fees. If Customer cancels or substantially modifies an Accepted Request less than twelve (12) hours before the performance of the services thereunder is scheduled to begin, Customer shall pay Dish Shift the Cancellation Fee. The Parties agree that the Cancellation Fee is not a penalty, but rather a reasonable measure of damages, based on their experience.

If Customer attempts to cancel or substantially modify one or more Engagements or Accepted Requests (the “Modification Request”) outside of the Portal (e.g., via asking a Dish Shift employee to do same), such Modification Request must meet the following conditions to escape imposition of any Cancellation Fee: 1) the request must be delivered via email to Customer’s Dish Shift point of contact and Support@DishShift.com, 2) the request must be delivered no less than four Business Hours before the 12-hour cancellation window closes. For purposes of this section, “Business Hours” includes only 8am to 6pm Local Time.

“Local Time” is based on the time zone of the location where the Requests would be performed.

By way of examples, only, the following table provides deadlines for Customer to cancel or substantially modify a Request without incurring Cancellation Fees:

Example 1: Job Start Time: 6am EST MondayExample 2: Job Start Time: 9pm EST ThursdayDeadline for Customer to Cancel or Substantially Modify Request/Engagement via the Portal 6pm EST Sunday9am EST ThursdayDeadline for Customer to Cancel or Substantially Modify Request/Engagement via notifying Dish Shift 2pm EST Sunday6pm EST Wednesday

2.1 Customer’s Use of the Service. Customer agrees to keep all Customer account information accurate, complete and up-to-date. In addition, Customer shall: (i) supply each Dish Shifter with a reasonably safe, secure and healthy work environment that complies with all applicable health and safety rules and regulations including, as needed, site-specific safety equipment and/or safety training; (ii) comply with all applicable workplace laws including but not limited to wage and hour laws; anti-harassment, anti-discrimination, and anti-retaliation obligations; (iii) only post Requests that can be lawfully performed in accordance with applicable laws, regulations, and ordinances; (iv) be exclusively responsible for all costs and expenses Customer incurs relating to the fulfillment of all Accepted Requests by the applicable Dish Shifters; (v) not provide Dish Shift with any personally identifiable information of any individual unless such individual has consented to such disclosure. Customer agrees to comply with Dish Shifts Privacy Policy and (vi) shall comply with federal, state, and local laws and regulations governing background checks including those laws limiting inquiries related to criminal arrests or convictions and that, unless permitted by applicable laws and regulations Customer will not use criminal background checks to automatically or categorically exclude Dish Shifters just because they have a record of citation, arrest, or conviction for criminal conduct.

2.2 Dish Shifts Responsibilities. Dish Shift shall: (i) provide the Service to Customer; (ii) ensure that, if required by Customer and to the extent permitted under all applicable laws and regulations, that any Dish Shifter who Are Scheduled for work may only perform that Accepted Request if such Dish Shifter has undergone and successfully completed a post-offer background check based upon Customer-supplied criteria; (iii) comply with all applicable legal authority in connection with the Service; and (iv) ensure that any Dish Shifter who Accepts a Job is bound by confidentiality obligations with respect to Customer’s information that are no less restrictive than those set forth in this Agreement. Customer further recognizes and agrees to the following:

Washington Users: Dish Shift complies with state and local laws limiting pre-employment inquiries related to criminal arrests or convictions, including Washington’s Fair Chance Act, RCW 49.94.010. Dish Shift does not permit Customers to use criminal background checks to automatically or categorically exclude Dish Shifters just because they have a record of citation, arrest, or conviction for criminal conduct.

3. Term and Termination.This Agreement shall commence on the earliest of the following dates: 1) the date Customer first accesses the Service; 2) the date Customer executes the Form, or 3) the date Customer otherwise first agrees to this Agreement. This Agreement shall continue until terminated as provided herein. Dish Shift may terminate this Agreement immediately upon written notice to Customer if Customer materially breaches the Agreement in a manner that, in Dish Shifts reasonable judgment, cannot be remedied. In addition, Dish Shift may terminate this Agreement at any time upon 7 days’ notice to Customer. Customer shall pay all undisputed Charges (as defined below) due and owing through the effective date of such termination.

4. Independent Contractors.Customer intends to engage Dish Shifters as independent contractors and is offering work that qualified Dish Shifters can accept as independent contractors. Customer understands and agrees that: (i) neither it nor the Dish Shifters are employees of Dish Pit Staffing Co. ; (ii) Dish Shift is not required to provide Customer or any Dish Shifter with workers’ compensation insurance or other similar insurance coverage; and (iii) Dish Shift does not, in any way, supervise, direct, or control the Dish Shifters’ work or services performed for Customer in any manner, nor does Dish Shift set such Dish Shifters work hours and location of work.

5. Shift Package Model Developed To Establish Continuous Consistency . 

Once Registered As A Dish Shift Client, Requesting Dishwashing Services Is Required On A Weekly Or Repeat Basis And Conducted Via Client Online Dish Shift Portal Dashboard. Once The Time, Date And Hours Requested For Service From Monday-Sunday is Submitted, The Total Hours Are Calculated And Packaged In An Offer Called A "Shift Package" And Offered To The Most Qualified Dish Shifter Available. (Example: Services Required On Monday-Tuesday-Thursday-Saturday From 11am-11pm, Then The Shift Package Is For The Days Requested At 48 Hours Total) Once The Dish Shifter Has Accepted The "Shift Package" They Commit To Completing The Assignment In Full. If The Dish Shifter Completes 42 Hours Out Of An 48 Hour "Shift Package" They Will Be Paid 42 Hours At The Minimum Wage Of $12 Hourly, As Agreed Upon In The Dish Shifter Assignment Contract. This Clause Was Established To Promote Consistency And Reliability As A Service Contractor.

6.1 Mutual Representations and Warranties. Each Party hereby represents and warrants that: (i) this Agreement constitutes a valid, legal and binding obligation of the Party; and (ii) it shall comply with all applicable laws with respect to its performance and obligations under the Agreement.

6.2 Customer’s Representations and Warranties. Customer hereby represents and warrants to Dish Shift that: (i) it shall provide a safe, secure and healthy work environment for all Dish Shifters; (ii) it will allow Dish Shifters to accept and perform Requests without regards to their race, color, religion, national origin, age, sex, marital status, ancestry, physical or mental disability, veteran status, sexual orientation, gender identity or any other status that might be protected under any applicable laws, regulations, or ordinances; (iii) it has all necessary rights, authorizations, permissions and licenses to allow each Dish Shifters subject to an Accepted Request to perform their services for Customer; (iv) it has properly classified all Dish Shifters with respect to the services it receives from Dish Shifters; (v) it owns or has sufficient rights to all content it provides to Dish Shift (“Customer Content”); (vi) that neither the Customer Content nor Customer’s use and/or provision of the Customer Content to others will infringe, misappropriate or violate a third party’s intellectual property rights, moral right, rights of publicity or privacy or any applicable law or regulation; (vii) it will comply with all applicable laws including wage and hour laws, and laws prohibiting harassment, discrimination, and retaliation; and (viii) Customer will inform Dish Shift of any work-related injury in connection with services performed by any Dish Shift for Customer within twenty-four hours.

Dish Shift will not deduct any amount from Dish Shifters  compensation for withholding or other taxes; (xiii) Customer may not require an exclusive relationship between Customer and Dish Shifter; Dish Shifters are free at all times to perform Requests posted by other businesses, be employed by or otherwise engage with persons or businesses other than Customer, including any competitor of Customer; and Dish Shift cannot and does not exercise any control over the working conditions or the work sites at which any Dish Shifters performs any services for a Customer.

7. DISCLAIMERS. EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, DISH SHIFT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. DISH SHIFT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (II) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERORR-FREE BASIS; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. CUSTOMER ACKNOWLEDGES AND AGREES THAT DISH SHIFT HAS NO LIABILITY FOR THE ACTION, OR INACTION, OF ANY DISH SHIFTER AND THAT THERE IS NO EMPLOYMENT, JOINT VENTURE, JUST AN AGENCY RELATIONSHIP BETWEEN DISH SHIFT AND THE DISH SHIFTERS. AFTER TRAINING EACH DISHWASHER, DISH SHIFT DOES NOT GUARANTEE OR WARRANT THE DISH SHIFTERS PERFORMANCE OF SERVICES FOR CUSTOMER PURSUANT TO AN ACCEPTED REQUEST OR ENGAGEMENT, THE OUTCOME OR QUALITY OF THE SERVICES PROVIDED THEREUNDER OR THAT DISH SHIFTERS WITH THE SKILLS OR EXPERIENCE IDENTIFIED BY CUSTOMER WILL ACCEPT ANY REQUEST.

8.1 Dish Shift Intellectual Property. Customer acknowledges that all the intellectual property rights, including but not limited to any patents, copyrights, trademarks, service marks, trade secrets or other proprietary rights in and to the Service (including the Dish Shift Platform) (collectively, “Dish Shift Intellectual Property”) are owned by and shall remain property of Dish Pit Staffing Company, Dish Pit Staffing Company licensors or suppliers. Subject to the foregoing, during the term of this Agreement, Dish Shift grants Customer the limited, revocable right to access and use the Service (including the Dish Shift Platform). Customer shall not: (i) exploit or use the Service except as expressly provided herein; (ii) modify or create derivative works of the Service (including the Dish Shift Platform), or merge any software therein with other software; (iii) disassemble, decompile or otherwise reverse engineer the Service (including the Dish Shift Platform) or attempt to derive any of its source code, in whole or in part, except to the extent such activities are expressly permitted by law notwithstanding this prohibition; or (iv) modify, obscure or delete any proprietary rights notices included in or on the Service (including the Dish Shift Platform). Customer agrees to comply with Dish Shift Acceptable Use Policy.

8.2 Customer Intellectual Property. Customer retains all right, title, interest and responsibility in and to any and all content it posts on the Service. Dish Shift and its licensors exclusively own all right, title and interest in and to all other content. Customer grants Dish Pit Staffing Company a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify (for formatting purposes only), transmit, publicly and digitally display and perform and distribute any Customer Content, including Customer’s logo, trademarks and/or service marks (“Customer Intellectual Property”), that Customer provides to Dish Shift or shares to the Dish Shift Platform. Such license shall also permit Dish Shift to use Customer Intellectual Property, Customer Content, and other information related to Customer’s use of the Service for the purposes of (i) growing Dish Shift communities, (ii) conducting marketing activities and analyses, (iii) conducting statistical analyses and; (iv) maintaining or making improvements to the Service.

8.3 Suggestions. Customer hereby grants Dish Shift a royalty-free, worldwide, transferable, irrevocable, perpetual license to use, reproduce, modify, or incorporate into the Dish Shift Intellectual Property, and otherwise fully exploit, any suggestions, enhancement requests, recommendations, or other feedback provided by Customer or its officers, directors, employees, or agents related to the Dish Shift Intellectual Property or the Service.

9.1 Definition of Confidential Information.As used herein, “Confidential Information” means all confidential information disclosed by Dish Shift (“Disclosing Party”) to the Customer (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information.

9.2 Protection of Confidential Information.Except as otherwise permitted in writing by the Disclosing Party, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and the Receiving Party shall only disclose the Confidential Information of the Disclosing Party to those of the Receiving Party’s employees, contractors and agents who need such access to perform obligations or exercise rights under this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

9.3 Unauthorized Disclosure of Confidential Information. The Receiving Party hereby acknowledges that the unauthorized use or disclosure of any Confidential Information of the Disclosing Party may cause irreparable harm to Disclosing Party. Accordingly, the Receiving Party agrees that the Disclosing Party shall be entitled to seek equitable relief, including injunctive relief, in addition to all other remedies available at law for any threatened or actual breach of this Section or any threatened or actual unauthorized use or disclosure of Confidential Information. If the Receiving Party becomes aware of a threatened, suspected or actual breach of its confidentiality obligations set forth herein, the Receiving Party shall immediately (but in no event more than 24 hours from the time that it reasonably believes such a threatened, suspected or actual breach has occurred) so notify the Disclosing Party.

9.4 Compelled Disclosure. Except as set forth above, the Receiving Party shall not voluntarily provide the Disclosing Party’s Confidential Information to any third party unless authorized in writing by the Disclosing Party. Notwithstanding the foregoing, unless expressly prohibited by law, if the Receiving Party is required by a court of competent jurisdiction (including by subpoena in a civil case) or regulatory authority to disclose the Disclosing Party’s Confidential Information, it shall: (i) immediately notify the Disclosing Party in writing upon receiving notice of such requirement; (ii) consult with the Disclosing Party regarding the Receiving Party’s response to any such request; (iii) cooperate with the Disclosing Party’s reasonable requests in connection with efforts by the Disclosing Party to intervene and/or quash or modify the legal order, demand, or request; and (iv) upon the Disclosing Party’s request, supply the Disclosing Party with a copy of the Receiving Party’s response (including a copy of the information it proposes to provide) prior to providing it to the requesting party. 

9.5 Data Privacy Obligations. For the avoidance of doubt, Dish Shift is not in the business of selling Customer data and will not sell, license, rent or otherwise provide such information to third parties without Customer’s prior written consent. Except as explicitly contemplated under the Service, neither Party shall provide to the other Party any personal information. Each Party shall: (i) maintain a privacy policy that complies with all applicable laws and regulations; and (ii) comply with all applicable data privacy laws and regulations. “Personal Information” or “PI” shall mean any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity.

10. Indemnification.Customer shall indemnify, defend, and hold Dish Shift, its licensors and their respective parent organizations, subsidiaries, Affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising out of, in connection with or related to: (i) any actual or alleged misuse of the Service (including the Dish Shift Platform) by Customer, its Affiliates, agents or contractors; (ii) any actual or alleged infringement by Customer Content or Customer Intellectual Property of any intellectual property rights or any claim that any Customer Content or Customer Intellectual Property violates any rights of publicity or privacy of any third party; (iii) any material violation or alleged material violation of any laws or regulations by Customer; (iv) any negligent or willful misconduct of Customer its Affiliates, agents or contractors; (v) any breach by Customer of any representation, warranty, covenant, or obligation in this Agreement; (vi) any negligent or intentional act or omission committed by Customer, its Affiliates, agents or contractors, in connection with the performance of this Agreement, which act or omission gives rise to any claim for damages against Customer, Dish Shift and/or its parents, affiliates, employees or agents; or (vii) Customer’s violation of applicable law. Dish Shift specifically denies any obligation to defend and/or indemnify Customer its Affiliates, agents or contractors from and against any third-party claims made against Customer, its Affiliates, agents or contractors arising from any negligent or intentional act or omission committed in connection with the performance of any Dish Shift engagement.

Customer assumes all liability for proper classification of Dish Shifters as independent contractors or employees based on applicable legal guidelines. Customer agrees to indemnify, hold harmless and defend Dish Shift from any and all claims arising out of or related to Requests posted by customer, including but not limited to claims that any Dish Shifter was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Dish Shifters was misclassified (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Dish Shift was an employer or joint employer of Dish Shifters, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits. Customer warrants it will comply with all applicable wage and hour laws, including obligations under FLSA, or other federal, state, and local wage and hour laws.

This Section shall survive the termination or expiration of this Agreement.

11.Client Non Liability Clause: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISH SHIFT CLIENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OR BUSINESS OPPORTUNITIES WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THEIR POSSIBILITY OR WHETHER SUCH DAMAGES WERE FORESEEABLE. IN ADDITION, DISH SHIFT CLIENTS SHALL NOT BE LIABLE FOR ANY INJURIES DISH SHIFTERS INCURRED WHILE WORKING. ALL DISH SHIFTERS ARE FULLY INSURED AT A RATE OF $0.37 PER HOUR WORKED AND CLIENTS ARE NOT HELD LIABLE FOR ANY CAUSE PERTAINING TO DISH SHIFT AND ITS CONTRACTORS. 

12.1 Assignment. Customer may not assign any of its rights or delegate any of its obligations under this Agreement without Dish Shifts prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Any attempted assignment, delegation or transfer in violation of the foregoing will be null and void. Dish Shift may assign this Agreement or any of its rights under this Agreement to its Affiliate, or any third party with or without your written consent. This Agreement shall be binding upon the successors, legal representatives and permitted assigns of the Parties. “Affiliate” shall mean an entity owned by, controlling, controlled by, or under common control with, directly or indirectly, one of the Parties.

12.2 Interpretation. Section titles are for convenience only and shall not affect the meaning or interpretation of this Agreement in any way. THIS AGREEMENT SHALL BE CONSTRUED WITHOUT REGARD TO THE PARTY OR PARTIES RESPONSIBLE FOR ITS PREPARATION AND SHALL BE DEEMED AS PREPARED JOINTLY BY THE PARTIES HERETO.

12.3 Counterparts. The Agreement may be executed and delivered by facsimile or electronic mail, including any number of counterparts, and shall constitute the final agreement of the Parties and conclusive proof of such agreement.

12.4 Relationship of the Parties. Dish Shift is an independent contractor Provider of Customer, and this Agreement shall not be construed as creating a relationship of employment, agency, partnership, joint venture or any other form of legal association.

12.5 Modification or Waiver. Except as set forth in this provision, no amendment, modification, waiver of, failure to enforce strict performance of, delay or omission in the exercise of any rights hereunder, or consent with respect to, any provision of this Agreement shall be effective unless signed by an authorized representative for Dish Shift. No pre-printed information on invoices, purchase orders or similar agreements from Customer shall have any force or effect between the Parties. A delay or omission by Dish Shift to exercise any right or power under this Agreement shall not be construed to be a waiver of that right or power.

Notwithstanding the foregoing, Dish Shift reserves the right to change this Agreement, and add additional terms at any time, effective upon making the modified provisions available by notifying you directly. Customer is responsible for regularly reviewing this Agreement modifications and updates to the Agreement. Continued use of the Service, including the Dish Shift Platform after any such changes are made to this Agreement shall constitute Customer’s consent to such changes. Other than making the changes available, Dish Shift does not assume any obligation to notify Customer of any changes to this Agreement, or the creation or modification of any additional terms.

12.6 Severability. If any provision of this Agreement conflicts with applicable law, that provision shall be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement shall be valid and enforceable to the full extent permitted by law.

12.7 Survival. After this Agreement terminates, the terms of this Agreement that by their nature contemplate performance after termination shall survive and continue in full force and effect.

12.8 Rights and Remedies Cumulative. Unless expressly stated otherwise herein, all rights and remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity or otherwise.

12.9 Notices. Any notice required or permitted to be given hereunder shall be in writing and will be transmitted to these addresses: To Dish Shift: Dish Pit Staffing Company, 3029 Edgewater Drive #2093 Orlando, Fl 23804, with email copy to Support@DishShift.Com To Customer: to any address the Customer provides to Dish Shift through the Dish Shift Platform or on the Form.

12.10 Force Majeure. Except for Customer’s obligations to pay any amounts due under this agreement, each Party shall be excused from performance under this Agreement and shall have no liability to the other Party for any period it is prevented from performing any of its obligations, in whole or in part, as a result of material delay caused by the other Party or by an act of God, war, terrorism, civil disturbance, court order, natural disaster and/or the failure or unavailability of the Internet.

12.11 Governing Law; Venue; Jurisdiction. This Agreement shall be governed by and construed in accordance with the applicable substantive laws of the state of Florida, without giving effect to its conflicts of laws rules. Except as otherwise specified in this paragraph, any legal action in any way arising out of this Agreement shall be brought solely and exclusively in the state courts of Collier County, Florida or the U.S. District Court for the Central District of Florida. Each Party submits to the sole and exclusive personal jurisdiction of the courts in Florida generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other Party. Notwithstanding the foregoing, Customer agrees that it will submit any legal dispute between it and a Dish Shifter to binding arbitration pursuant to the arbitration clause contained in the applicable Dish Shift Terms of Use.

12.12 No Third-Party Beneficiaries. Unless expressly set forth herein, nothing in this Agreement is intended to nor shall it confer upon on any Dish Shifter or other person or entity, other than the Parties or their respective permitted assigns (as set forth in subsection 12.1 above), successors and legal representatives, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

12.13 Additional Policies. Customer’s use of the Dish Shifts Service and Dish Shift Platform shall be subject to the applicable End User License Agreement on the Apple App Store or Google Play.

12.14 Entire Agreement.This Agreement constitutes the entire agreement between the Parties with regard to the subject matter hereof and supersedes any and all prior agreements, representations or communications regarding the subject matter of this Agreement.

12.15 Modifications to Application. Dish Shift reserves the right at any time to modify or discontinue, temporarily or permanently, the Service, Mobile App, or Portal (or any part thereof) with or without notice. You agree that Dish Shift shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, Mobile App, or Portal.

The following additional terms and conditions apply to any “Long-Term Engagements” (“LTEs”) – i.e. Engagements where the specified length of the Engagement is more than the 30 consecutive business days or 200 hours per month – Customer posts on the Dish Shift Platform.

13.1 Trial Period. During the first five (5) Service Days (i.e. days of a Dish Shifters performance of services for Customer pursuant to an LTE) (the “Trial Period”), Customer and the Dish Shifter shall both have the right to terminate the LTE for any reason without breaching the Engagement. After the Trial Period ends, both the Dish Shift and Client are obligated to complete the LTE except as set forth herein.

13.2 Service Breaks. As a condition of placing an LTE request, Customer acknowledges and agrees that, following the Trial Period, Dish Shifters performing services for Customer pursuant to an LTE shall be entitled to two (2) full-day service breaks per calendar month during which the Dish Shifters need not perform the contracted services as scheduled (“Service Breaks”). Dish Shifters will endeavor to provide a minimum of 12 hours’ notice to Customer prior to any Service Break, provided that the first two (2) days in any calendar month that the Dish Shifter does not provide services as scheduled shall be treated as Service Break days if such notice is provided. In the event a Dish Shifter exceeds two Service Breaks in any calendar month or fails to provide 12 hours’ notice of a Service Break day during the LTE (with an exception for unforeseeable emergencies), Customer may terminate the LTE with the Dish Shifter.

13.3 Cancellation of LTE Service Days by the Customer. Following the Trial Period, Customer must provide a minimum of 12 hours’ notice of cancellation of a Service Day to the Dish Shifter.

13.4a Termination of the LTE by Customer. If Customer elects to terminate an LTE during the Trial Period, the Dish Shifter will not be obligated to perform any additional Service Days following the termination of the LTE, and Customer shall have no financial obligation to Dish Shift for the termination beyond Charges owed in connection with services rendered during the Trial Period, including any Dish Shifter Compensation. If Customer terminates an LTE for convenience after the Trial Period has ended, Customer’s liability to Dish Shift shall be limited to i) Charges owed in connection with services rendered during the LTE, including any Dish Shifters Compensation.

13.4b Termination of the LTE by the Dish Shifter. A Dish Shifter may terminate an LTE after the Trial Period without breaching the Engagement by providing at least 12 hours’ notice to Customer by messaging Dish Shift In The Field Worker App.