Terms of Service

1. Acceptance of Terms

By accessing or using Metro Surgery Staffing LLC (“MSS”, the “Platform”), you agree to these Terms. If you do not agree, do not use the Platform.

2. Our Role

MSS operates a marketplace connecting outpatient medical facilities (“Facilities”) with independent perioperative clinicians (“Clinicians”) for per-diem shifts. MSS is not a healthcare provider, staffing firm employer, joint employer, or agent of either party. Facilities retain exclusive control over patient care, supervision, and clinical decisions.

Rates and fees are displayed in the Platform and may change from time to time. Any promotional offers (e.g., first-shift credits) are discretionary and may be modified or discontinued.

2.5 No Guarantee of Work or Fill

MSS does not guarantee that any shift will be posted, claimed, filled, or completed, nor does MSS guarantee any minimum volume of work, earnings, or utilization of the Platform. Participation is non-exclusive and voluntary for both Facilities and Clinicians.

3. Eligibility & Compliance

• Facilities: Responsible for accurate shift details (title, date, time, location, skills), supervision, site orientation, and compliance with applicable laws.
• Clinicians: Must hold and maintain all required licenses/certifications in Michigan, including, as applicable, BLS/ACLS, vaccination records, and any site-specific requirements. You consent to credential verification and background checks (e.g., via Checkr).
• MSS retains sole discretion to approve, suspend, restrict, or terminate access to the Platform at any time for operational, compliance, safety, or risk-related reasons, with or without notice.

4. Independent Contractor; Insurance; Taxes

• Clinicians provide services as independent contractors and are solely responsible for their taxes and business compliance.
• Clinicians must maintain professional liability coverage of at least $1,000,000 per claim / $3,000,000 aggregate (or higher if posted for a shift) and provide proof upon request.
• Facilities agree to maintain customary commercial general liability, professional liability, and workers’ compensation coverage for on-premises activities.

5. Shifts, Timekeeping & Disputes

1. Posting & Claiming: Facilities post shifts; Clinicians who claim a shift commit to perform it. MSS may require admin approval for changes after a claim.
2. Timekeeping System: All hours worked must be tracked through MSS’s designated timekeeping provider (currently Clockify). Clinicians are required to clock in and out through the official MSS workspace and accurately tag the Facility and shift. These time entries constitute the official record of hours worked.
3. Weekly Verification: MSS reviews all Clockify entries weekly and compiles verified summaries for each Facility (the “Weekly Summary”). Facilities will receive their Weekly Summary electronically and must review and approve or dispute any hours within 72 hours of delivery.
4. Disputes: Any dispute regarding reported time must include supporting evidence (e.g., internal time logs, badge swipes, or supervisor confirmation). If no dispute is received within 72 hours, the Weekly Summary is deemed accepted and final for invoicing and payout purposes. MSS’s determination is binding for billing and payout calculations.
5. Minimum Hours: Unless the shift posting states otherwise, Facilities agree to pay a minimum of 4 hours per claimed shift. Overtime, meal, and rest period compliance (if applicable) are the Facility’s responsibility to manage and honor.
6. Tampering: Altering or falsifying time entries may result in suspension or non-payment for affected shifts.

6. Cancellations & No-Shows

7. Payments, Fees & Collections

• Facilities: Invoices are due Net 15 at most unless otherwise stated. Late amounts may accrue 1.5% per month (or the maximum allowed by law). You agree to pay reasonable collection costs and attorneys’ fees.
• Clinicians: Payouts occur weekly to the deposit method on file for approved Clockify hours, less any applicable fees or adjustments disclosed in the Platform.
• All fees are non-refundable except where MSS fails to provide a qualified clinician for an approved, undisputed shift.

MSS uses third-party payment processors (e.g., Stripe) to facilitate invoicing, collections, and payouts. MSS does not store full payment card or bank account information. Use of payment services is subject to the processor’s applicable terms and privacy policies.

8. Non-Circumvention

For 12 months following a Clinician’s last interaction with a Facility through the Platform, Facilities agree not to directly engage that Clinician outside the Platform if the relationship was first introduced via MSS, unless a conversion fee specified in the Platform is paid.

This restriction does not apply to relationships that existed and can be reasonably documented prior to introduction through the Platform.

9. Privacy & PHI

Do not submit protected health information (PHI) to the Platform except minimal scheduling info. Use the Platform only for staffing logistics. MSS may use third-party processors to operate the Platform and timekeeping (currently Clockify), and those providers will receive time and account data as needed to perform their services. See our Privacy Policy. MSS is not a covered entity and does not act as a business associate unless expressly agreed in writing.

10. Electronic Communications & SMS

By providing contact information, you consent to receive electronic communications from MSS, including email and SMS messages related to account activity, shift notifications, confirmations, reminders, and operational updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of non-essential messages or HELP for assistance.

11. Liability & Indemnification

Each party is responsible for its own acts and omissions. Facilities and Clinicians shall indemnify MSS against claims arising from their services or postings. To the fullest extent permitted by law, MSS’s total liability under these Terms shall not exceed the fees paid to MSS by the claimant in the 12 months preceding the event giving rise to liability, excluding claims resulting from MSS’s willful misconduct or gross negligence.

12. Dispute Resolution

Any dispute will be resolved by binding arbitration in Oakland County, Michigan, on an individual basis, and you waive any right to participate in a class action. Judgment on the award may be entered in any court of competent jurisdiction.

13. Miscellaneous

• Governing Law: Michigan law, without regard to conflict-of-laws rules.
• Modifications: We may update these Terms by posting the revised version with a new effective date. Continued use after updates constitutes acceptance.
• Termination: We may suspend or terminate accounts for violations or risk. Provisions that by their nature should survive termination will do so.
• Notices & E-Sign: You consent to electronic communications and signatures for Platform transactions.
• Force Majeure: No liability for delays caused by events beyond a party’s reasonable control.
• Severability: If a provision is unenforceable, the remainder stays in effect.