Participating Employer Agreement

Last updated: August 7, 2026

This Participating Employer Agreement supplements the Gratuitease Terms of Service. The authorized signer accepts it for the participating business identified in the business dashboard.

Employer responsibilities

The employer remains responsible for worker classification, wage-and-hour compliance, payroll, withholding, wage statements, tax reporting, record retention, and the timeliness and legality of every distribution. Gratuitease supplies payment routing and reporting technology and is not the employer, payroll processor, or legal adviser.

Eligibility and roster data

You will keep the worker roster accurate, distinguish employees from independent or individual workers, provide payroll identifiers when needed, remove ineligible participants promptly, and obtain all worker notices and consents required by law. Dashboard labels do not create or change employment status.

Individual and pooled tip instructions

You may configure individual attribution or tip-pool allocation rules only where lawful. You represent that each pool excludes ineligible owners, managers, supervisors, and other persons as required by applicable law; that required records and notices are maintained; and that the full distributable tip amount is paid on time, subject only to lawful corrections.

Direct payout and payroll modes

Direct payout routes eligible amounts through connected payment accounts. Payroll mode produces reporting for employer-controlled payroll processing. Selecting direct payout does not transfer the employer's payroll, tax, or wage obligations to Gratuitease where those obligations apply.

Reports and reconciliation

You will review each report before payroll, reconcile it with your timekeeping and payroll systems, retain required records, and promptly report errors. You authorize Gratuitease to preserve allocation and audit records and to deliver reports electronically to the designated contact.

Refunds, disputes, and corrections

You authorize documented corrections for refunds, disputes, duplicates, fraud, or allocation mistakes, subject to applicable law. You will not instruct Gratuitease to deduct unlawful fees or losses from employee gratuities. If a completed payroll cannot lawfully be reversed, the employer remains responsible for the correction process.

Indemnity

To the extent permitted by law, the employer will defend and indemnify Gratuitease from claims arising from the employer's classification decisions, pool rules, payroll practices, instructions, or violation of law, except to the extent caused by Gratuitease's breach, gross negligence, or willful misconduct.

Electronic acceptance

An authorized administrator accepts this agreement in the Banking dashboard. Gratuitease records the signer, title, account, agreement version, and server time. The employer must notify Gratuitease when the signer is no longer authorized.