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Dish Pit Staffing®

Dish Pit Staffing®Dish Pit Staffing®Dish Pit Staffing®
HOME
HIRE A DISHWASHER
BECOME A DISHWASHER
DISH PIT 911®
DISH PIT DASHER®
DISH PIT UNIVERSITY
ABOUT DISH PIT STAFFING
HOW DISHPIT STAFFING WORK
BRANCH MANAGING PARTNERS
CONTACT US
ANNUAL DISHWASHER CONTEST
SIGN-IN
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  • HOME
  • HIRE A DISHWASHER
  • BECOME A DISHWASHER
  • DISH PIT 911®
  • DISH PIT DASHER®
  • DISH PIT UNIVERSITY
  • ABOUT DISH PIT STAFFING
  • HOW DISHPIT STAFFING WORK
  • BRANCH MANAGING PARTNERS
  • CONTACT US
  • ANNUAL DISHWASHER CONTEST
  • SIGN-IN
  • HOME
  • HIRE A DISHWASHER
  • BECOME A DISHWASHER
  • DISH PIT 911®
  • DISH PIT DASHER®
  • DISH PIT UNIVERSITY
  • ABOUT DISH PIT STAFFING
  • HOW DISHPIT STAFFING WORK
  • BRANCH MANAGING PARTNERS
  • CONTACT US
  • ANNUAL DISHWASHER CONTEST
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CUSTOMER AGREEMENT POLICY

This Customer Agreement for Dish Pit Staffing Service (“Customer Agreement”) sets out the legal terms of the relationship between the entity or person that registered to use the Dish Pit Staffing Service (“you,” “your,” or “Customer”) and (i) Dish Pit Staffing Co. (“DishPitJobs”) with respect to Customer’s engagement with Dishwashers performing services as independent contractors; with respect to Customer’s engagement. For convenience purposes, Dish Pit Staffing Co. are collectively referred to herein as “DishPitJobs.Com” and each may be referred to as a “Dish Pit Staffing” Customer and Dish Pit Staffing may be referred to collectively as the “Parties,” or individually as a “Party.”

This Customer Agreement incorporates by reference Dish Pit Staffing Privacy Policy, Acceptable Use Policy, Equality Policy, terms and conditions for “Add-On Services”  and, if applicable, Dish Pit Staffings Rate Confirmation Form (the “Form”), hereinafter collectively referred to as the “Agreement.”

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

1. Description of the Service

1.1 DishPitJobs Platform. Dish Pit Staffing provides a technology platform (the “DishPitJobs.Com Platform”) through which Customer can connect with a network of geographically dispersed dishwashing workers who have created an account on the Platform (defined below) and have agreed to The Terms of Use (“Dishwashers”) (the “Service”). The DishPitJobs Platform means Dish Pit Staffings proprietary technology platform that is provided to Customer through which Customer can be connected to Dishwashers. The DishPitJobs Platform consists of a mobile application (“Mobile App”), a Customer portal (“Portal”), and other related technology. Through use of the Platform, Customer may, in its discretion, post a Dishwashing 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 “Engagement.” If a Dishwasher agrees to the Request (“Accepts”), including, as applicable, the Dishwashers classification as an independent contractor, a contractual agreement (an “Accepted Request”) is formed directly between Customer and the Dishwasher. Customers with access to the DishPitJobs Platform may have the option to post Requests for Dishwashers performing and/or providing services as independent contractors (“1099 Requests”), among other things. For purposes of this Agreement, the term “Dishwashers” includes individuals who choose to perform and/or provide services pursuant to 1099 Requests who perform services pursuant to 1099 Guidelines. 


1.2 Content of Request. Requests shall include a description of the Dishwashing work to be performed, Agreement Of the job classification (i.e., the job is a 1099 ), the location, date, start and end times, if applicable, and the compensation metrics for the job. Customer acknowledges and agrees that the information that it provides in a Request will be sent to Dishwashers to enable them to review, consider, and if they so choose, respond to such Request. By submitting the Request, Customer expressly consents to have details of the Request sent to Dishwashers, and Customer further acknowledges and agrees that any information contained in a Request is accurate, current, and truthful.

1.3 Recording Time, Review by Customer, and Payment of Dishwashers. Dishwashers shall use the Mobile App or other DishPitJobs technology to record 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 Dishwasher by 11:59 p.m of the Following Monday on which the Work is completed, Customer accepts the Engagement as worked and Dishwashers time records as accurate for purposes of computing any charges or 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 Pit Staffing 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 Dishwasher time entries in an inaccurate manner. The applicable Dish Pit Staffing Company shall facilitate the payment of compensation to such Dishwashers at such rate(s) specified in the Request. Customer shall not be responsible for transmitting required tax forms to any Dishwashers performing services for Customer.

1.4 Removal of Dishwasher(s). Customer shall have the right to, for any lawful reason: (i) reject any Dishwasher from performing services, or (ii) request that Dish Pit Staffing remove any or all of the Dishwashers that have Accepted Requests with Customer hereunder. In such event, Dish Pit Staffing shall promptly comply with Customer’s directions. Customer’s liability to Dish Pit Staffing with respect to any lawfully removed Dishwasher shall be limited to the greater of (i) the Charges for the time actually worked by such Dishwashers prior to the time of Customer’s request for removal, (ii) an amount equal to fifty percent (50%) of the Charges anticipated under the applicable Request (the “Cancellation Fee”) including both the Dishwashers Compensation and the amount owed under any applicable “reporting time” (and/or other similar) laws and the associated Bill Rate.

2.2 Dish Pit Staffings Responsibilities. In providing the Service to Customer, Dish Pit Staffing shall ensure that: (i) to the extent requested by Customer and as permitted under applicable law, any Dishwasher who may perform a Request for Customer has undergone and successfully completed a post-offer background check based upon Customer-supplied criteria; (ii) any Dishwasher who may perform a Request for Customer has agreed to the Dish Pit Staffing Terms of Use; and (iii) the applicable Dish Pit Staffing Company facilitates payment of Dishwasher Compensation at such rate(s) specified in a Request, and, as applicable, transmits any required tax forms to Dishwashers performing Dishwashing services for Customer.

2.3 W2 Dishwashers Responsibilities. As to any Dishwasher who perform services for Customer pursuant to W2 Requests, services include: (i) confirming that the Dishwashers are legally authorized for employment in the United States; (ii) calculating and coordinating the payment of wages (including overtime wages); (iii) collecting, paying, and reporting federal, state, and local employment taxes on such wages, as applicable; (iv) providing workers’ compensation coverage as required by law; (v) complying with any applicable employer-mandated health coverage requirements; and (vi) collecting and maintaining mandated government documents, forms, and records for the purposes of effectuating these services.

Customer further recognizes and agrees to the following:

Washington Users: Dish Pit Staffing 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 Pit Staffing does not permit Customers to use criminal background checks to automatically or categorically exclude Dishwashers just because they have a record of citation, arrest, or conviction for criminal conduct.

3. Term and Termination

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 Pit Staffing may terminate this Agreement immediately upon written notice to Customer if Customer materially breaches the Agreement in a manner that, in Dish Pit Staffing reasonable judgment, cannot be remedied. In addition, Dish Pit Staffing may terminate this Agreement at any time upon 30 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

4. Independent Contractors (1099 Requests). As to Customer’s 1099 Requests, Customer acknowledges and agrees that: (i) it intends to engage Dishwashers as OAI Insured independent contractors and, to the best of its reasonable knowledge, is offering work that qualified Dishwashers can accept as independent contractors; (ii) Dish Pit Staffing does not, in any way, supervise, direct, or control the Dishwashers work or Dishwashing services performed for Customer in any manner; (iii) neither it nor the Dishwashers are employees of Dish Pit Staffing Company; (iv) Dish Pit Staffing provides All Dishwashers with OAI insurance Coverage; and (v) any Dishwasher classified as an independent contractor is free at all times to perform Requests for, be employed by, or otherwise engage with persons or businesses other than Customer, including any competitor of Customer.

5. Charges, Mark-up, and Taxes

6. Charges, Mark-up, and Taxes. In exchange for the Dishwashing Staffing Placement Service hereunder, Customer shall pay to the applicable Dish Pit Staffing Company the following amounts (collectively, the “Charges”): (i) an amount equal to the sum paid by the applicable Dish Pit Staffing Company to such Dishwasher in connection with services rendered by such Dishwasher to Customer (including, in the case of W2 Requests, any overtime pay, meal and/or rest break premiums, and expense reimbursement due to the Dishwasher under applicable wage and hour laws) (the “Dishwasher Compensation”); (ii) compensation to the applicable Dish Pit Staffing Company (a “Mark-Up”) of a set amount paid to such Dishwasher, which Ranges From $1.50-$3 Per Hour Service Fee On Top Of The Dishwashers Compensation for 1099 Requests and $1.50-$3 Per Hour Service Fee for W2 Requests unless a separate contract between Dish Pit Staffing and Customer clearly establishes a different Mark-Up; (iii) any Cancellation Fees or reporting time pay and the associated Mark-Up as set forth in Section 1.4 above; and (iv) any Hiring Fees as set forth in Section 7 below.   If W2 Dishwashers work overtime for Customer pursuant to W2 Requests, overtime pay will be included in the Charges and billed to Customer in accordance with applicable law. W2 Mark Up shall not be applied to any meal and/or rest break premiums or expense reimbursement provided to w2 Dishwashers. Customer is responsible for paying all value-added, sales, use or withholding taxes. Any undisputed Charges on an invoice that remain unpaid after the due date shall bear interest at the rate of one and one-half percent (1.5%) per month which shall be invoiced separately. If the amount of any late payment charge exceeds the maximum rate permitted by law, the charge will be reduced to that maximum amount.  In the event that an invoice goes unpaid and collection procedures are required, Customer will pay Dish Pit Staffings attorneys’ fees and collection costs.

6. Hiring of Dishwashers

7. Hiring of Dishwashers.“Hire” shall mean the retention of a Dishwasher as an employee, independent contractor, agent, intern or otherwise, for any period of time where the Dishwasher is compensated outside the Service in the year following Customer’s last contact with the Dishwasher via the Service by any officer, or employee or anyone retained by any of them. If a Customer Hires a Dishwasher, it shall promptly notify Dish Pit Staffing thereof. For each Hire, Customer will pay the following Hiring Fee, based on the hours worked by the Dishwasher for the Customer on the Service: (i) 0-200 Hours — $6,000; (ii) >200, <520 Hours — $3,000; (iii) >520 Hours — $0, unless a separate contract between Dish Pit Staffing and Customer clearly establishes a different Hiring Fee. If the Hired Dishwasher performed services for Customer pursuant to both 1099 and W2 Requests, Customer shall pay the Hiring Fee to Dish Pit Staffing Company. if the Dishwasher last performed services for Customer pursuant to a 1099 Request, and to W2 if the Dishwasher last performed services for Customer pursuant to a W2 Request. Customer shall pay to the applicable Dish Pit Staffing Company any Hiring Fee owed on the same schedule as the payment of all other fees or invoices to Dish Pit Staffing. In the event Customer does not notify Dish Pit Staffing within thirty (30) days that it has Hired a Dishwasher, the Hiring Fee shall be two (2) times the Hiring Fee otherwise owed for each such Dishwasher it has Hired. Dish Pit Staffing agrees not to charge any Hiring Fees to Customer for hiring a w2 Dishwasher in New Jersey.

7. Representations and Warranties

8. 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.

8. Disclaimers

9. DISCLAIMERS.EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, DISH PIT STAFFING 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 PIT STAFFING MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (II) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-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 PIT STAFFING COMPANY HAS NO LIABILITY FOR THE ACTION, OR INACTION, OF ANY DISHWASHER AND THAT THERE IS NO EMPLOYMENT, JOINT VENTURE, OR AGENCY RELATIONSHIP BETWEEN DISH PIT STAFFING COMPANY AND THE DISHWASHERS. DISH PIT STAFFING DOES NOT GUARANTEE OR WARRANT THE DISHWASHERS PERFORMANCE OF SERVICES FOR CUSTOMER PURSUANT TO AN ACCEPTED REQUEST OR ENGAGEMENT, THE OUTCOME OR QUALITY OF THE SERVICES PROVIDED THEREUNDER OR THAT DISHWASHERS WITH THE SKILLS OR EXPERIENCE IDENTIFIED BY CUSTOMER WILL ACCEPT ANY REQUEST.

9. Intellectual Property Ownership

9.1 Dish Pit Staffing 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 DishPitJobs Platform) (collectively, “Dish Pit Staffing Intellectual Property”) are owned by and shall remain property of Dish Pit Staffing, Dish Pit Staffings licensors or suppliers. Subject to the foregoing, during the term of this Agreement, Dish Pit Staffing grants Customer the limited, revocable right to access and use the Service (including the DishPitJobs 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 DishPitJobs Platform), or merge any software therein with other software; (iii) disassemble, decompile or otherwise reverse engineer the Service (including the DishPitJobs 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 DishPitJobs Platform). Customer agrees to comply with Dish Pit Staffings Acceptable Use Policy. 

9.2 Customer Intellectual Property. Customer represents and warrants that it owns or has sufficient rights to all content it provides to Dish Pit Staffing (“Customer Content”), and 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. Customer retains all right, title, interest and responsibility in and to any and all content it posts on the Service. Dish Pit Staffing and its licensors exclusively own all right, title and interest in and to all other content. Customer grants Dish Pit Staffing 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 Wonolo or shares to the DishPitJobs Platform. Such license shall also permit Dish Pit Staffing 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 Pit Staffing communities.

10. Confidentiality

10.1 Definition of Confidential Information. As used herein, “Confidential Information” means all information disclosed by Dish Pit Staffing (“Disclosing Party”) to the Customer (“Receiving Party”), whether orally or in writing, visual, electronic or in other form, 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.

11.2 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.

Career Development

11. Indemnification

Indemnification. Customer shall indemnify, defend, and hold Dish Pit Staffing, 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 DishPitJobs 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 Pit Staffing and/or its parents, affiliates, employees or agents; or (vii) Customer’s violation of applicable law. Dish Pit Staffing 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 Engagement on Dish Pit Staffing.


With respect to any 1099 Requests, Customer agrees to indemnify, hold harmless and defend Dish Pit Staffing from any and all claims arising out of or related to claims that any Dish Pit Staffing was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Dishwasher was misclassified (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Dish Pit Staffing was an employer or joint employer of a Dishwasher, 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.

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

12. Limitations of Liability

12. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISH PIT STAFFING AND ITS AFFILIATES SHALL NOT BE LIABLE TO CUSTOMER 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 THEY HAVE BEEN ADVISED OF THEIR POSSIBILITY OR WHETHER SUCH DAMAGES WERE FORESEEABLE. IN ADDITION, WONOLO AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, OR SYSTEMS OUTSIDE THEIR REASONABLE CONTROL. THE MAXIMUM LIABILITY OF DISH PIT STAFFING AND ITS AFFILIATES FOR ANY AND ALL LIABILITIES ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, THE MARK-UP CHARGES PAID OR PAYABLE BY CUSTOMER HEREUNDER IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE A REASONABLE AND NEGOTIATED ALLOCATION OF RISK THAT ARE AN INTEGRAL PART OF THE AGREEMENT.

13. Miscellaneous

13.1 Assignment. Customer may not assign any of its rights or delegate any of its obligations under this Agreement without Dish Pit Staffings 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 Pit Staffing 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.

13.2 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.

13.3 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.

13.4 Relationship of the Parties. Dish Pit Staffing is an independent contractor 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.

13.5 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 Pit Staffing. No pre-printed information on invoices, purchase orders or shrink-wrap, click-wrap, browse-wrap or similar agreements from Customer shall have any force or effect between the Parties. A delay or omission by Dish Pit Staffing to exercise any right or power under this Agreement shall not be construed to be a waiver of that right or power.

13.6 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.

13.7 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.

13.8 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.

13.9 Notices. Any notice required or permitted to be given hereunder shall be in writing and will be transmitted with email copy to Legal@DishPitJobs.com; To Customer: to any address the Customer provides to Dish Pit Staffing through the DishPitJobs Platform or on the Form.

13.10 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.

13.11 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 Southern 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 Dishwasher to binding arbitration pursuant to the arbitration clause contained in the applicable Dish Pit Staffing Terms of Use. 

13.12 No Third-Party Beneficiaries. Unless expressly set forth herein, nothing in this Agreement is intended to nor shall it confer upon on any Dishwasher or other person or entity, other than the Parties or their respective permitted assigns (as set forth in subsection 13.1 above), successors and legal representatives, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

13.13 Additional Policies. Customer’s use of the Dish Pit Staffing Service and DishPitJobs Platform shall be subject to the applicable End User License Agreement on the DishPitJobs Platform.

14.14 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.

Copyright © 2025 Dish Pit Staffing  - All Rights Reserved.

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