House of Hospo

Shift Terms & Conditions

1. Background

(a) The Business has posted a Shift on the OTR Platform and the Individual has accepted that Shift.

(b) The Business and the Individual acknowledge and agree that the performance and delivery of the Shift will be subject to these terms and conditions.

2. Defined Terms

Any capitalised terms, unless otherwise defined in these terms and conditions, will have the same meaning given to those terms in the OTR terms and conditions available at houseofhospo.com/ontherostrr/terms (“OTR T&Cs”).

3. Shift

(a) In consideration for the Business paying the amount set out in the Posted Shift, the Individual agrees to provide the services set out in the Posted Shift to the Business in accordance with the terms set out in the Posted Shift and set out in these terms and conditions.

4. Independent Contractor

(a) Nothing in these terms and conditions, or in any Shift Contract, creates an employment, agency, partnership, or joint venture relationship between OTR and/or the Business and the Individual.

(b) All work arranged through OTR Platform is entered into directly between the Business and the Individual. OTR’s role is limited to providing the technology platform that facilitates introductions and payments. For the avoidance of doubt, OTR is not a party to any Shift Contract and does not employ, engage, or supply Individuals to Businesses.

(c) Nothing in these terms and conditions prevents or restricts either the Business engaging other third parties to perform the services set out in a Posted Shift or any other services or the Individual from providing any services to any third party.

5. Shift Payment

After completing a Shift, the Individual must confirm the final Shift duration with the Business before leaving the venue, taking into account any breaks. If the actual duration differs from what was originally agreed, the Business must reflect this when confirming the shift hours in the OTR Platform.

(c) Payments to Individuals are made through the OTR Platform, less any applicable Service Fees in accordance with the clause 21 (Service Fee Schedule) and clause 8 of the OTR T&Cs.

6. Taxation and Statutory Obligations

(a) The Business and the Individual will be solely responsible for determining and assuming responsibility for the employment, contractor, or worker classification of any Individual for the purposes of the Fair Work Act 2009 (Cth), Superannuation Guarantee (Administration) Act 1992 (Cth), payroll tax legislation, or any other Commonwealth, state or territory law.

(b) OTR does not withhold, remit, calculate or pay PAYG withholding tax, superannuation contributions, payroll tax, workers’ compensation premiums, leave entitlements, or any other employment-related or contractor-related statutory amounts on behalf of the Business or the Individual. All taxation, superannuation and other related obligations are the sole responsibility of the Individuals and their responsible executives.

(c) The Business is solely responsible for determining whether any obligation arises in respect of a Shift Contract under applicable laws, including (without limitation) obligations relating to PAYG withholding, superannuation (including under the Superannuation Guarantee (Administration) Act 1992 (Cth)), payroll tax, workers’ compensation, or any similar legislation, and for complying with all such obligations.

(d) The Individual is solely responsible for:

   (i) declaring all income earned to the Australian Taxation Office;

   (ii) registering for, charging and remitting GST where required by law; and

   (iii) managing their own tax affairs, superannuation arrangements, insurance and financial obligations.

7. Individual Acknowledgements

The Individual confirms that they:

  • act as independent contractors and do not seek employment with a Business;
  • are legally entitled to work and provide services in Australia;
  • are responsible for meeting their own tax obligations related to any payments received; and
  • will obtain, hold and maintain any and all permits, licences, approvals and authorisations that may be required by that Individual to complete the duties as may be required in a particular Shift.

8. Business Acknowledgements

The Business confirms that they:

  • are registered pursuant to the laws of Australia and hold any necessary licences, approvals and authorisations to operate and undertake their business;
  • are legally entitled to provide work in Australia; and
  • are responsible for meeting their own tax obligations related to any payments made.