Terms & Conditions

1. Overview

These Terms govern your use of Prism Talent Group's staffing platform, portals, and mobile application ("Prism"). Prism Talent Group ("Prism") provides on-demand hospitality and culinary staffing and related workforce technology services. By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

These Terms apply to all platform users: business clients ("Clients") who request temporary staffing services, and workers ("Employees") who accept shift assignments through the platform. They replace all prior oral understandings, unless a separate written agreement has been signed with Prism.

2. Account Registration & Use

All users must register with accurate contact and identifying information. Clients provide business and billing information; Employees provide personal and work-eligibility information. Each user is responsible for maintaining the confidentiality of their login credentials and for all activity under their account.

3. Limited License

Prism grants each user a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. All proprietary technology, intellectual property, and platform content remain the exclusive property of Prism.

4. Services & Employment Relationship

Prism coordinates temporary staffing assignments based on Client requests. Employees assigned to Client shifts are employees of Prism for payroll, tax, benefits, and workers' compensation purposes. Clients are responsible for directing the daily work of assigned personnel and maintaining a safe and legally compliant worksite. Nothing in these Terms creates a co-employment obligation beyond what applicable law requires.

5. Client Responsibilities

Clients agree to: (a) maintain a safe, compliant work environment; (b) supervise assigned personnel while on site; (c) comply with all applicable wage, hour, safety, and anti-discrimination laws; and (d) notify Prism within 24 hours of any workplace injury, incident, or potential legal claim involving assigned personnel.

6. Employee Responsibilities

Employees agree to: (a) accurately represent their qualifications, certifications, and availability; (b) arrive on time and fulfill accepted shift commitments; (c) comply with all applicable Client workplace rules, safety requirements, and professional conduct standards; and (d) submit timesheets promptly and accurately.

7. Timekeeping, Minimums & Reporting-Time Pay

Clients are responsible for confirming and approving hours worked. Unless otherwise agreed, the minimum billable shift is four (4) hours. If an Employee reports but is not assigned work, Prism will comply with applicable reporting-time pay laws — generally fifty percent (50%) of scheduled hours, with a minimum of two (2) hours' pay.

8. Shift Cancellations & No-Shows

Clients canceling within 24 hours of a scheduled shift are subject to a charge equal to the minimum billable shift hours. If an Employee has begun travel or arrived on site before cancellation, reporting-time pay will apply. Employees who cancel without sufficient notice or fail to appear may be subject to account suspension or removal from the platform.

9. Overtime, Holidays & Premium Pay

All applicable overtime, double-time, seventh-day, and holiday premiums will be billed to Clients and paid to Employees in accordance with applicable state and local law.

10. Meal & Rest Breaks

Clients must permit meal and rest breaks as required by applicable law. Where breaks are not provided as required, Prism will pay the applicable meal period premiums and include such costs on Client invoices.

11. Billing, Invoices & Payment (Clients)

Clients are responsible for timely payment of all invoices. Invoices are due upon receipt. Clients are responsible for all applicable taxes and government charges. Late payments may incur a finance charge of 1.5% per month (or the maximum allowed by law), plus reasonable collection costs including attorneys' fees. Clients must maintain accurate billing and payment information in their account at all times.

12. Shift Pay Rates

Clients are solely responsible for the pay rate set on each shift posted through the platform. By creating a shift, or by changing the pay rate proposed on a shift (whether pulled from the Client's saved position rate or typed in directly), the Client agrees to and authorizes that rate, and to the corresponding bill rate calculated from it. Where a Client's account is configured to use administrator-preset rates, the Client agrees to the preset rate presented at the time each shift is created. Agreed rates are billed and paid in accordance with these Terms.

Where an administrator creates or modifies a shift on a Client's behalf at the Client's request — including where the Client has agreed via email or other written communication to a rate other than the Client's standard or preset rate — the Client agrees to and authorizes the rate reflected in that shift, on the same terms as a rate the Client sets directly through the platform. Such a written agreement governs and takes precedence over any preset or standard rate otherwise on file.

13. Direct Hire / Conversion (Clients)

If a Client or its affiliate wishes to directly hire or engage a Prism Employee, that individual must have completed a minimum of four hundred eighty (480) hours working for the Client through Prism. If fewer than 480 hours have been completed, a conversion fee equal to fifty percent (50%) of the remaining hours (calculated at the most recent applicable bill rate) is due to Prism prior to the direct engagement.

14. Acceptable Use

Users must not misuse the Services, including by attempting unauthorized access, data scraping, automated use (bots), or interference with platform operations. Prism may suspend or terminate access for violations of these Terms or for conduct posing a risk to the platform, other users, or third parties.

15. User Content & Uploaded Information

Users grant Prism a limited license to use uploaded materials (such as resumes, profile photos, certifications, shift details, and job descriptions) solely for the purpose of operating the platform and facilitating staffing assignments. Users represent that they have the right to upload and share such materials.

16. Privacy

Prism collects and processes personal information necessary to operate the platform and fulfill staffing assignments. This includes contact details, employment eligibility information, and work history. Prism does not sell personal information to third parties. Data is retained as required by law and deleted upon request where permitted.

17. Third-Party Services

The Services may integrate with third-party systems such as payroll processors, communication platforms, or background check providers. Prism is not responsible for the performance or data practices of such third parties, which are governed by their own terms and policies.

18. Communications

By using the Services, you consent to receive operational and account-related communications via email, SMS, and in-platform notifications. You may opt out of non-essential marketing messages at any time; operational notices will continue to be sent as necessary.

19. Insurance

Prism maintains workers' compensation, employer's liability, and general liability insurance as required by law. Clients must maintain appropriate general liability insurance covering their premises, operations, and supervision of assigned personnel.

20. Confidentiality

Each party agrees to protect the other's confidential information and use it only to fulfill obligations under these Terms. If disclosure is required by law, the receiving party shall provide reasonable advance notice where legally permissible.

21. Indemnification

Each user agrees to indemnify and hold harmless Prism, its affiliates, and its personnel from losses, claims, or damages (including reasonable attorneys' fees) arising from: (a) breach of these Terms; (b) violation of applicable law; or (c) misuse of the Services or assigned personnel.

22. Limitation of Liability

To the maximum extent permitted by law, Prism shall not be liable for indirect, incidental, or consequential damages, or for lost profits. Prism's total liability shall not exceed the fees paid by or to the user in the twelve (12) months preceding the claim.

23. Dispute Resolution

Any dispute arising from these Terms or the Services shall be resolved by final and binding arbitration under JAMS Commercial Arbitration Rules, on an individual basis (no class or collective actions). Either party may seek injunctive relief in court to protect intellectual property or confidential information.

24. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.

25. Modifications

Prism may update these Terms at any time. Updated Terms will be posted to the platform with a revised effective date. Continued use of the Services after the updated Terms take effect constitutes acceptance.

26. Severability & Entire Agreement

If any provision is found unenforceable, the remaining provisions remain in effect. These Terms constitute the entire agreement between Prism and each user regarding platform Services. Any separate written agreements executed between Prism and a Client govern the staffing relationship; these Terms apply to platform and portal use.

Questions about these Terms? Contact us at support@prismtalentgroup.com.