Independent Contractor Agreement

This agreement is entered into by each Bartender ("Contractor") on registration and applies to every engagement accepted through The The Hospitality Reserve Platform.

1. Status

• The Contractor is engaged as a self-employed independent contractor in business on their own account.
• Nothing in this agreement, or in any booking accepted via the Platform, creates a relationship of employer/employee, worker, agency worker, partnership, or joint venture between the Contractor and the Platform.
• The Platform is not an employment business or employment agency. It provides software that enables the Contractor and the Venue to find each other and transact. The contract for services for each engagement is formed directly between the Contractor and the Venue.

2. Tax, NI and VAT

The Contractor is solely responsible for accounting to HM Revenue & Customs for all income tax, National Insurance contributions, and (if registered) VAT in respect of fees received. The Contractor indemnifies the Platform against any liability for income tax, NICs, penalties or interest arising from their engagements.

3. Substitution and control

The Contractor may, with the Venue's prior agreement, send a suitably qualified substitute. The Contractor provides their own tools of trade where reasonable, exercises their own professional judgement, and is not subject to the day-to-day control of the Platform.

4. Insurance

The Contractor is responsible for maintaining appropriate public liability insurance and any other insurance reasonably required for their profession.

5. Compliance

The Contractor will comply with all applicable laws including the Licensing Act 2003, health and safety obligations, food hygiene standards, and the Venue's reasonable house rules while on site.

6. Right to work

The Contractor warrants that they have the legal right to work in the United Kingdom and will provide documentary evidence on request. The Platform may suspend the account where evidence is not provided or has expired.

7. Confidentiality

The Contractor will keep confidential any non-public information about the Venue, its members, guests, and operations obtained in the course of an engagement.

8. Off-Platform engagements

Where the Contractor and Venue first met through the Platform, the Contractor will not accept off-Platform casual or shift-based engagements with that Venue for a period of 6 months from the last Platform booking, save with the Platform's written consent.

This does not restrict permanent or ongoing employment. A Venue may offer, and a Contractor may accept, a permanent, fixed-term, or direct employment role at any time. No introduction fee, release fee, transfer fee, or commission of any kind is payable to the Platform in that event.

9. Liability

The Contractor accepts liability for their own acts and omissions and indemnifies the Platform against third-party claims arising from them. Nothing limits liability for death, personal injury caused by negligence, or fraud.

10. Gross misconduct and immediate termination

The Venue manager or owner reserves the right to terminate an engagement immediately and without notice where the Contractor commits an act of gross misconduct. Gross misconduct includes, but is not limited to, theft or dishonesty, physical violence or threats of violence, verbal abuse, harassment or discrimination, intentional or reckless damage to property, and attending or working under the influence of alcohol or unlawful drugs.

11. Payment where an engagement is terminated for misconduct

• The Contractor is eligible for payment only for the hours actually worked up to the exact time of termination, calculated to the minute and subject to review. No fee is payable for the unworked remainder of the engagement.
• The Platform prorates the engagement value to the recorded termination time automatically, and adjusts the amount charged to the Venue and the amount transferred to the Contractor accordingly.
• The Platform may hold or freeze payout funds for the duration of an active dispute investigation involving a severe policy violation, alleged illegal activity, or a safety incident. Funds are released, adjusted, or withheld once the investigation concludes. Where theft or fraud is substantiated, payment may be withheld in full and the Venue refunded.
• The Contractor may make written representations during an investigation via admin@thehospitalityreserve.com.

12. Permanent bans and cooperation with law enforcement

• Any substantiated claim of physical violence, theft, or other illegal conduct results in an immediate, permanent ban from the Platform, and a prohibition on creating any further account.
• The account may be frozen without notice while a serious allegation is investigated.
• The Contractor acknowledges and agrees that The Hospitality Reserve may cooperate fully with the police and other law enforcement or regulatory authorities, including by disclosing identity verification details, right-to-work records, booking and payment records, messages, incident reports, and supporting evidence in connection with a criminal investigation or the prevention or detection of crime.

13. Governing law

This agreement is governed by the laws of England and Wales.