Simple Shifts Terms of Service

1) Marketplace / No Employment Relationship

Simple Shifts is a technology marketplace that facilitates introductions between pharmacies (“Employers”) and licensed pharmacists (“Pharmacists”). Simple Shifts is not an employer, staffing agency acting as employer-of-record, payroll provider, or agent of either party. Simple Shifts does not supervise work, control schedules, set workplace policies, or guarantee outcomes. Employers and Pharmacists contract directly and are solely responsible for negotiating and performing the terms of their engagement.

2) Shift Engagements – Direct Contract & Payment

For shift engagements, the Employer and Pharmacist contract directly and are solely responsible for negotiating and confirming all terms, including rate, hours, duties, location, cancellation/no-show terms, and payment method. Employers pay Pharmacists directly. Simple Shifts does not collect wages on behalf of Pharmacists and is not responsible for nonpayment, late payment, chargebacks, or disputes over hours worked.

3) Independent Contractor / Classification & Compliance

Employers are solely responsible for worker classification (independent contractor vs employee), tax reporting/withholding, wage and hour compliance, workers’ compensation, insurance, and all applicable laws. Pharmacists are solely responsible for maintaining required licensure, certifications, and compliance with professional standards.

4) Communications Between Parties

After an introduction is made, Employer and Pharmacist are responsible for all communications and coordination. Simple Shifts may offer messaging tools but is not responsible for missed messages, scheduling errors, misunderstandings, or documentation between parties.

5) Disclaimers; Limitation of Liability

To the maximum extent permitted by law, Simple Shifts is not liable for any claims arising out of or related to engagements between Employers and Pharmacists, including workplace injury, professional liability, malpractice allegations, wage disputes, discrimination claims, regulatory violations, or licensing issues.

5A) Background Checks & Screening

Employers may, at their sole discretion and expense, require background checks, credential and license verification, reference checks, drug screening, or other lawful screening measures for any candidate. Employers are solely responsible for requesting, conducting, and using any screening, and for complying with all applicable laws and regulations (including any notice, authorization, and adverse action requirements). Simple Shifts does not perform or guarantee any screening and disclaims all liability arising from an Employer’s screening process, decisions, or outcomes. Candidates acknowledge employers may require these checks as a condition of employment/engagement.

6) Indemnification

Each party agrees to indemnify and hold harmless Simple Shifts from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of that party’s actions, omissions, breach of these Terms, or engagement with the other party.

7) Long-Term Placement; Non-Circumvention; Circumvention Fee (Liquidated Damages)

Definitions:

• “Introduction” means any connection made through the platform, including application, messaging, profile sharing, interview scheduling, identity/contact exchange, or referral by Simple Shifts.
• “Placement Engagement” means any direct hire, employment, ongoing/permanent role, retained contractor relationship, temp-to-perm arrangement, or recurring schedule relationship beyond one-off shift coverage— whether structured as W-2, 1099, through an affiliate entity, or via a third party—where the Employer and Pharmacist met through Simple Shifts.

Non-Circumvention:

If an Employer and Pharmacist are introduced through Simple Shifts and, within 12 months of the Introduction, enter into a Placement Engagement outside the Simple Shifts platform (or through any method intended to avoid platform involvement), then:

• Employer owes Simple Shifts a $5,000 circumvention fee (liquidated damages), and
• Pharmacist owes Simple Shifts a $5,000 circumvention fee (liquidated damages).

Fees due within 10 days of acceptance/start of Placement Engagement. The parties acknowledge these amounts are a reasonable estimate of damages and administrative costs associated with sourcing, screening, and matchmaking and are not a penalty. This section does not apply to one-off shift engagements unless the parties convert into a Placement Engagement as defined above.

8) Governing Law; Venue

These Terms are governed by New Jersey law. Any dispute must be brought in state or federal courts located in New Jersey.