Last Updated: 10.7.2024

Tucker Nurse Staffing LLC Terms of Service

  1. Introduction
    • Parties Involved: Tucker Nurse Staffing LLC (provider of the platform) and self-employed/independent contractor healthcare providers.
    • Purpose: Tucker Nurse Staffing LLC connects contractors with healthcare facilities needing services via a “Need-Based Platform.”
    • Disclaimer: Tucker Nurse Staffing LLC is not an employer or a healthcare facility. Self-Employed Individuals/Independent Contractors maintain full independence.
  2. Recitals
    • As a Self-Employed/Independent Contractor, you have the freedom to choose:
      • Which facilities you work with.
      • The terms of your services (e.g., scheduling, rates, amount of time spent on the provision of services at any time, with whom you choose to or not to contract).
    • Tucker Nurse Staffing LLC serves as a lead generation service without employing or directly managing the contractors. Tucker Nurse Staffing LLC connects self-employed/independent contractors to healthcare facilities in need of professional healthcare services.
    • You are in an exclusive agreement to and willfully acknowledge that Tucker Nurse Staffing LLC is a Need-Based Platform that does not provide healthcare services nor does Tucker Nurse Staffing LLC employ any of the self-employed/independent contractors such as yourself who utilize its Need-Based Platform.
  3. Acceptance of Terms

    The sole purpose of this Agreement is to set forth terms regarding the use and access of Tucker Nurse Staffing LLC Need-Based Platform via download on your mobile device. By clicking to accept and agree to the terms and conditions of this Agreement, you accept and agree to be bound and fully abide by this Agreement. If you do not agree to the terms and conditions within this Agreement, you are prohibited from using or accessing the Need-Based Platform or any other service offered by Tucker Nurse Staffing LLC.

    • By using the platform, you agree to the terms outlined, including mandatory arbitration and class action waivers.
    • Accessing the platform for another party is prohibited.
    • You affirm your authority to enter into this agreement.
  4. Definitions
    • Key terms include:
      • Stewardship: Governing or managing authority.
      • Services: Use of the platform for on-demand lead generation.
      • Shift: Specific work requirements (date, time, location, etc.).
      • Healthcare Facility: Institutions utilizing the platform to request services.
  5. Relationship of Parties
    • Business Relationship:
      • You fully affirm and acknowledge that you are a Self-Employed Individual/Independent Contractor and are not an employee, agent, or representative of Tucker Nurse Staffing LLC.
      • You fully affirm and acknowledge that Tucker Nurse Staffing LLC acts only as a payment collection agent on behalf of the contractor.
    • Control:
      • You affirm and acknowledge that as a Self-Employed Individual/Independent Contractor, you choose your shifts, set rates, and determine methods of service delivery.
      • Tucker Nurse Staffing LLC does not supervise or direct contractors in the performance of services or fulfillment of services to healthcare facilities.
      • Tucker Nurse Staffing LLC has no authority or control over what actions you perform in providing healthcare services during a shift.
    • Non-Exclusivity:
      • You can use other platforms for work opportunities and are bound to use only the Tucker Nurse Staffing LLC Platform at no time.
      • You acknowledge and agree that the business relationship between such parties under this Agreement is temporary and not a permanent relationship.
  6. Use of the Platform
    • As a Self-Employed/Independent Contractor, you retain the right to:
      • Decide when, where, and how you use the platform.
      • Seek, accept, or decline shifts freely.
    • Tucker Nurse Staffing LLC may restrict platform access based on agreement terms with or without cause or explanation.
  7. Branding and Equipment
    • You are not required to display Tucker Nurse Staffing LLC branding except where legally required.
    • Tucker Nurse Staffing LLC does not provide equipment or training for contractors to fulfill shifts.
  8. Account Creation & Management
    • Account Registration:
      • You must provide accurate personal and professional details (e.g., name, address, credentials).
      • Failure to maintain accuracy may result in account termination.
    • Account Functionality:
      • Allows users to manage shifts (view, accept, reject, cancel) and upload credentials.
      • Tucker Nurse Staffing LLC shares user details with facilities as necessary to fulfill shifts, and users shall have access to view, seek, request, accept, cancel and otherwise manage their accounts.
    • Account Security:
      • You are responsible for all activity on your account and maintaining confidentiality.
      • Unauthorized use of another’s account is prohibited and must be reported immediately and if it is found that another user has accessed your account, you must notify Tucker Nurse Staffing LLC immediately.
  9. Platform Use and Restrictions
    • Shift Access:
      • Users can view and request shifts, gaining access to facility details necessary for services.
      • Facilities and users form a direct business relationship.
      • Users must not use facility-provided data for unauthorized purposes.
    • Prohibited Uses:
      • Activities that violate laws, harm other users or Tucker Nurse Staffing LLC, or interfere with platform operations are banned.
      • Impersonation of Tucker Nurse Staffing LLC or others is prohibited.
    • Monitoring and Enforcement:
      • Tucker Nurse Staffing LLC reserves the right to:
        • Remove user content at its discretion.
        • Terminate access for violations.
        • Address any harmful user contributions.
  10. Ratings & Reviews
    • Facilities may rate users, and Tucker Nurse Staffing LLC can share these ratings publicly without user approval.
    • Facilities may DNR (Do Not Return) a user at any time at their discretion without cause or explanation.
  11. Licensure and Shift Requirements
    • Credential Maintenance:
      • You must maintain all credentials and authorizations required to provide healthcare services at all times.
      • You must possess appropriate training and experience to deliver services safely and professionally.
      • Tucker Nurse Staffing LLC offers no training or tools to provide services.
      • Tucker Nurse Staffing LLC reserves the right to terminate platform access for non-compliance.
  12. Documentation
    • Required Evidence:
      • You must upload written, signed and sufficient proof of credentials and other documentation needed for services.
      • Failure to provide accurate and current documentation constitutes a breach of the agreement.
    • Verification:
      • Tucker Nurse Staffing LLC may independently verify submitted information at its discretion.
      • You authorize Tucker Nurse Staffing LLC to manage and verify documentation on their behalf.
  13. Disciplinary Actions
    • Notification Requirement:
      • You must immediately inform Tucker Nurse Staffing LLC of:
        • Disciplinary actions.
        • Investigations by healthcare facilities, licensure boards, or other entities could restrict your ability to work.
      • Notifications are required regardless of whether the proceedings are related to services performed via Tucker Nurse Staffing LLC.
  14. Financial Terms
    • Shift Rates:
      • You can view rates to accept shifts before submitting requests.
      • You acknowledge and agree that the agreed-upon rate, minus fees or adjustments, will be the sole payment received for completed shifts.
      • Proceed sharing fee will be included in the total billed to the healthcare facility and is used to offset costs associated with background checks, credential verifications, drug screens (when applicable), Platform maintenance, safety, and updates, as well as fraud detection and prevention, among any other fees/costs associated with the Need-Based Platform.
    • Payment Collection:
      • You, the self-employed/independent contractor, appoint Tucker Nurse Staffing LLC to act as your limited payment collection agent solely for the purpose of supplying the Need-Based Platform with payment processing functionality facilitated by Tucker Nurse Staffing LLC.
      • Payments made by facilities to Tucker Nurse Staffing LLC are treated as payments directly to the contractor.
  15. Proceed Share Fee
    • Service Fee:
      • You acknowledge and agree that a percentage of the shift fee is retained by Tucker Nurse Staffing LLC as a service fee with regards to Tucker Nurse Staffing LLC’s provision of the Platform for your use and benefit.
      • This fee covers costs for platform operations, background checks, credential verification, and maintenance.
    • Fee Changes:
      • Tucker Nurse Staffing LLC may modify the service fee at its discretion, with written notice provided.
      • Continued platform use after such changes indicates acceptance of the revised fee.
  16. Cancellation Policy
    • Facility Cancellations:
      • Facilities may cancel shifts without financial liability if done at least two (2) hours before the start time.
      • If a facility cancels a shift after it has started, and the contractor has begun to fulfill the shift at the time of cancellation, contractors are entitled to two (2) hours of compensation at the shift rate.
    • Compensation for Cancellations:
      • The two-hour payment is the only compensation contractors will receive for canceled shifts You must have arrived at the facility and had begun to fulfill the shift at the time of cancellation for this payment to be valid.
  17. Payment Terms
    • Earnings:
      • Payment for shifts is disbursed via Rapid Pay Card (daily) or ACH Deposit (weekly).
      • Pay Card: Tucker Nurse Staffing LLC disperses payments via Rapid Pay Card twice daily for hours of services rendered. Payment disbursements are loaded onto your Rapid Pay Card at or around 9 am (0900) and 9 pm (2100) EST. On days banks are closed, such as a holiday, the disbursement will be paid out the following morning at or around 9 am (0900) EST.
      • ACH Deposit: ACH deposit payments are dispersed each Thursday. Please note that for any shifts completed Friday – Sunday, those properly completed and error-free shift confirmation records must be verified no later than 11 am EST on Monday morning for a payment to be dispersed on Thursday of that week. Properly completed and error-free shift confirmation records received after 11 am EST on Monday will be dispersed the following Thursday.
      • Proper documentation of shifts must be submitted timely for payment processing.
    • Verification of Shift Prior to Payment: You must submit to Tucker Nurse Staffing LLC Staffing a properly completed and error-free shift confirmation record in a form that is satisfactory to each healthcare facility with the healthcare facility’s approval. Such documentation of the properly completed and error-free shift confirmation record must be submitted to Tucker Nurse Staffing LLC no more than fifteen (15) days following shift completion to submit to the healthcare facility for final approval and payment.
    • Deductions:
      • Overpayments may be reclaimed by Tucker Nurse Staffing LLC.
      • You affirm, agree, and acknowledge that you are responsible for filing and paying your own federal, state, and local taxes.
    • Cancellation Policy:
      • Facilities may cancel shifts without liability if done more than 2 hours before start time.
      • Late cancellations by facilities may result in a 2-hour payment to the contractor.
      • The contractor may cancel a shift for any reason. In the event the shift you are canceling has already been approved, you must communicate the cancellation via the Need-Based Platform. Failure to do so may result in termination of your account.
      • You shall ensure all notification settings are appropriately enabled to receive such information of cancellation.
  18. Insurance & Liability
    • Contractor Insurance:
      • You acknowledge and agree that you, a self-employed/independent contractor, must maintain adequate insurance to cover injuries while rendering services.
    • Tucker Nurse Staffing LLC Liability:
      • Tucker Nurse Staffing LLC denies responsibility for facilities’ or users’ actions and offers no warranties for platform use.
      • Tucker Nurse Staffing LLC may maintain general insurance but has no obligation to provide specific coverage to contractors.
  19. Background Checks
    • You, the self-employed/independent contractor, agree that your use of the Need-Based Platform shall be contingent upon a background check, including but not limited to federal, state, and county. In accordance with these terms, you must complete your consent for a background check.
    • You must report any disciplinary actions, investigations, or restrictions affecting their ability to work.
  20. Legal Provisions
    • Indemnification:
      • You indemnify Tucker Nurse Staffing LLC for any and all claims arising from your actions or omissions while providing services, including but not limited to any and all liabilities, judgments, awards, losses, costs, expenses, damages, fees, social security contributions, and taxes arising out of or related to your breach of this Agreement.
      • You agree and affirm that you are fully responsible for your own medical decisions and actions and hereby agree to indemnify Tucker Nurse Staffing LLC and shall hold Tucker Nurse Staffing LLC harmless for any claims against or incurred by Tucker Nurse Staffing LLC, including any claims that may have been contributed to by Tucker Nurse Staffing LLC’s own negligence, in whole or in part, arising out of, in connection with or as a result of your services rendered or your failure to render healthcare services in accordance with governing laws and applicable professional standards.
      • You represent and warrant that you have full power and authority to enter into this Agreement and perform your obligations under this Agreement.
    • Limitations of Liability:
      • You agree and affirm that Tucker Nurse Staffing LLC is not liable for damages arising from platform issues, user disputes, or third-party actions.
      • You hereby acknowledge and agree that in your use of our Need-Based Platform, there are no warranties of any kind neither implied nor expressed. Services available are to be rendered on an “AS IS” and “NEED BASED” basis. Tucker Nurse Staffing LLC does not guarantee that any request for services will be confirmed by any healthcare facility.
      • You affirm and agree that you will hold all credentials and other regulatory authorizations required to perform services pursuant to this Agreement and to a healthcare facility
      • You represent and warrant that you are a trained/certified/licensed healthcare professional and are able to perform healthcare services legally under all state, local and federal laws
      • Notwithstanding Tucker Nurse Staffing LLC’s position as the limited payment collection agency for you, for the sole purpose of accepting payment from healthcare facilities on your behalf. Tucker Nurse Staffing LLC and its affiliates expressly deny any and all liability for any act or omission of you or any user.
    • Release Clause:
      • You agree and affirm to release Tucker Nurse Staffing LLC from liability related to disputes or third-party interactions.
  21. Termination
    • User Termination:
      • You may terminate your agreement by providing written notice and/or de-activating your account on the Platform.
    • Tucker Nurse Staffing LLC Termination:
      • Tucker Nurse Staffing LLC may terminate access at its discretion, with or without cause or notice.
    • Modification:
      • Tucker Nurse Staffing LLC may update the terms. Continued platform use signifies acceptance and agreement.
  22. Representation, Warranties & Disclaimers
    • You warrant they possess the credentials and training to perform healthcare services.
    • Services are provided “as-is,” and Tucker Nurse Staffing LLC does not guarantee platform uptime, shift availability, or facility actions.

Notice and Arbitration of Disputes in Tucker Nurse Staffing LLC Agreement

  1. Notice
    • · Tucker Nurse Staffing LLC to Contractor: Notices may be delivered via:
      • Posting on the Need-Based Platform.
      • Email sent to the e-mail address in the user’s account.
    • · Contractor to Tucker Nurse Staffing LLC:
  2. Dispute Resolution
    • Waiver of Court Remedies:
      • Both parties waive the right to a court trial, including a jury trial.
      • All disputes will be resolved through a two-step process:
        1. Non-Binding Mediation:
          • Conducted under mutually agreed terms or via JAMS Rules.
          • Either party can terminate mediation after one session and proceed to arbitration.
        2. Binding Arbitration:
          • Conducted under the Federal Arbitration Act or state law (North Carolina unless otherwise agreed).
          • Administered by a JAMS arbitrator selected by both parties.
          • Arbitration hearings are held in North Carolina or a mutually agreed location.
          • Arbitrator applies North Carolina substantive law (state claims) or federal law (federal claims).
    • Costs of Arbitration:
      • Tucker Nurse Staffing LLC covers JAMS costs if required by law; otherwise, costs are split equally.
    • Arbitrator’s Award:
      • Includes a written explanation for decisions and awarded relief.
      • The award is final, with limited appeal rights, and can be enforced in court.
  3. Claims Covered
    • Covers all disputes related to the contractor’s business relationship with Tucker Nurse Staffing LLC, including
      • Breach of contract or tort claims.
      • Claims for unpaid compensation.
      • Claims arising from federal, state, or local laws.
  4. Class and Representative Actions Prohibited
    • No Class Actions:
      • Disputes must be brought individually.
      • Contractors waive the right to file or participate in class, collective, or representative claims.
  5. Acknowledgments by the Contractor

    By agreeing, the contractor confirms:

    • They understand the terms and voluntarily consent.
    • They waive the right to bring disputes in civil court.
    • They have had the opportunity to review the agreement fully.
  6. Exceptions
    • Parties may seek temporary or preliminary injunctive relief in court for urgent matters.
    • Arbitrability of claims related to injunctive relief will be decided by the arbitrator.
  7. Tucker Nurse Staffing LLC Contact Information

    For questions or clarification:

  8. Final Acknowledgment
    • By using the platform or its services, contractors accept and are bound by all terms in the agreement.

End.