Filled86, LLC · 730 Glenwood Ave SE, Atlanta, GA 30312
Last Updated: June 11, 2026 · Effective Date: June 11, 2026
Filled86 is a technology platform that facilitates connections between independent hospitality professionals ("Sovereigns") and venues seeking supplemental staffing ("Establishments"). Filled86 does not provide hospitality services. Filled86 provides a digital marketplace where Sovereigns and Establishments may independently discover, evaluate, and engage one another.
1.1 Independent Contractor Relationship
Sovereigns are independent contractors and not employees, joint venturers, or partners of Filled86 or any Establishment. This classification reflects the actual working relationship described herein, not merely a contractual label.
1.2 Autonomy and Control
Sovereigns retain full autonomy over their work, including but not limited to:
(a) Freedom to Accept or Decline. Sovereigns have complete discretion to accept, decline, or ignore any shift opportunity without penalty, consequence, or negative impact on their standing within the platform.
(b) Schedule and Availability. Sovereigns set their own schedules and are under no obligation to be available at any time or to accept any minimum number of shifts.
(c) Methods and Manner. Sovereigns control the manner and means by which they perform services for Establishments. Neither Filled86 nor any Establishment may direct or control the methods by which a Sovereign performs hospitality services.
(d) Rates and Compensation. Sovereigns may negotiate rates directly with Establishments. Any rate suggestions provided by the platform are non-binding reference points only.
(e) Right to Work Elsewhere. Sovereigns may simultaneously use competing platforms, seek direct engagements, maintain other employment, or operate their own businesses without restriction.
(f) Tools and Materials. Sovereigns are responsible for providing their own professional attire, tools, and equipment required for their trade unless independently arranged with an Establishment.
1.3 Platform as Technology Provider — Not a Staffing Agency
Filled86's sole function is to provide the software infrastructure through which Sovereigns and Establishments connect. Filled86 does not:
Filled86's role is limited to facilitating introductions, processing payments as a neutral intermediary, and maintaining the integrity of the marketplace.
1.4 The Sovereign Standard and Platform Integrity
Participation in the Filled86 marketplace requires adherence to platform integrity standards, including but not limited to: maintaining an accurate profile, honoring confirmed commitments, and conducting interactions professionally. These standards relate solely to marketplace participation and user trust — not to the manner or means by which Sovereigns perform hospitality services.
Filled86 reserves the right to restrict or remove platform access for violations of these marketplace participation standards. Such action reflects the management of a technology marketplace, not an employment or disciplinary relationship.
1.5 Acknowledgment
By using the Filled86 platform, Sovereigns acknowledge and agree that:
(a) They operate their own independently established hospitality business or trade;
(b) They are customarily engaged in providing hospitality services to multiple clients or through multiple channels;
(c) They are solely responsible for their own tax obligations, insurance, licenses, and certifications;
(d) They understand that Filled86 does not provide workers' compensation, unemployment insurance, health benefits, or any other employment benefits; and
(e) This agreement reflects the actual nature of the working relationship between the parties.
1.6 State-Specific Provisions
(a) California (AB5 / Labor Code §2775). To the extent permitted under California law, the parties intend that the relationship satisfies the ABC test: (A) Sovereigns are free from the control and direction of Filled86 in connection with the performance of work, both under this agreement and in fact; (B) Sovereigns perform hospitality services that are outside the usual course of Filled86's business as a technology platform provider; and (C) Sovereigns are customarily engaged in an independently established trade, occupation, or business of the same nature as the services performed. Filled86 does not perform, offer, or sell hospitality services — it licenses access to marketplace software.
(b) Massachusetts (G.L. c. 149, §148B). The parties intend that the three-prong test under Massachusetts law is satisfied for the same reasons stated above.
(c) New Jersey (N.J.S.A. 43:21-19(i)(6)). The parties intend that the statutory criteria for independent contractor status under New Jersey law are satisfied.
(d) Illinois (IL Worker Freedom Act). Sovereigns operate free from direction and control, perform services outside Filled86's core technology business, and maintain their own independent trade.
(e) Georgia (O.C.G.A. § 34-8-35). The parties intend that the relationship satisfies Georgia's independent contractor criteria, including that Sovereigns maintain an independent business, control the manner of work performance, and are not economically dependent on Filled86.
(f) Other Jurisdictions. In any jurisdiction applying a multi-factor or economic-reality test, the parties intend that the totality of circumstances — including Sovereign autonomy, freedom from control, ability to profit or loss, investment in their own trade, and non-exclusivity — establishes independent contractor status.
1.7 Severability of Classification Provisions
If any provision of this Section 1 is found unenforceable in a particular jurisdiction, the remaining provisions shall continue in full force and effect, and the parties agree to negotiate in good faith a replacement provision that most closely reflects the original intent while complying with applicable law.
2.1 Account Creation
To use the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
2.2 Eligibility
You must be at least 18 years old and legally able to enter into binding contracts. Establishments must be validly organized businesses authorized to operate in their jurisdiction.
2.3 Verification
Filled86 may verify your identity, credentials, or business status. Verification does not constitute an endorsement, guarantee of quality, or representation of employment status.
3.1 Payment Processing Model
Filled86 facilitates payments between Establishments and Sovereigns through Stripe, Inc., a PCI-DSS 4.0.1 compliant third-party payment processor. Filled86 acts as a limited payment collection agent solely for the purpose of accepting payments from Establishments on behalf of Sovereigns and remitting those funds, less applicable Platform fees.
3.2 Payment Facilitator Disclosure
Payments are processed by Stripe, Inc. Filled86 does not directly store, process, or transmit credit card data. All payment card transactions are subject to Stripe's terms of service and privacy policy.
3.3 Escrow and Fund Holding
Funds received from Establishments are held in segregated accounts until release conditions are satisfied (confirmation of shift completion via Magic PIN or resolution of any dispute). This escrow structure ensures:
(a) Funds are segregated from Filled86's operating accounts;
(b) Release is contingent upon satisfaction of specified conditions precedent;
(c) Both parties retain rights to dispute resolution prior to fund release.
When an Establishment confirms a shift, funds equal to the estimated shift cost (Sovereign Rate × estimated hours) are reserved ("encumbered") on the Establishment's payment method. Encumbered funds are displayed in the Establishment's Financials dashboard as "Active Encumbrance."
3.4 Platform Fees
Filled86 charges the following fees, which are clearly disclosed prior to each transaction:
Sovereign Service Fee: 0%
Sovereigns receive 100% of the agreed-upon Sovereign Rate. No deductions are taken from worker pay.
Establishment Platform Fee: 20%
20% of the posted Sovereign Rate, added to the Establishment's total cost at the time of booking confirmation. For example, if an Establishment posts a shift at $40/hr Sovereign Rate, the Establishment pays $48/hr total ($40 to the Sovereign + $8 Platform Fee to Filled86). The Sovereign receives $40/hr.
Urgent Architecture Premium: +$5/hr
Added to the Sovereign Rate when an Establishment enables urgent shift posting (paid by Establishment, received in full by Sovereign). The 20% Platform Fee applies to the base Sovereign Rate only, not the Urgent Architecture premium.
Cancellation Fees
As specified in Section 3.6.
All fees are non-refundable except as required by applicable law or as set forth in our refund policy.
3.5 Chargebacks and Disputes
(a) If an Establishment initiates a chargeback, Filled86 reserves the right to recover the disputed amount from the Establishment's account or future transactions.
(b) Sovereigns will not be debited for chargebacks unless the dispute arises from the Sovereign's confirmed misconduct or fraud.
(c) Both parties agree to cooperate with chargeback investigations and provide documentation as reasonably requested.
3.6 Cancellation Policy and Commitment Fee
(a) Establishment Cancellation — Commitment Fee Structure: 100% of the Commitment Fee is instantly deposited into the affected Sovereign's wallet as compensation for lost opportunity. By posting shifts on Filled86, Establishments agree to comply with this commitment structure.
(b) Sovereign Cancellation: If a Sovereign cancels a confirmed shift more than 12 hours before start time, no fee applies. Cancellations within 12 hours may result in a reliability notation on the Sovereign's profile.
(c) Account Cancellation: You may cancel your account at any time through your account settings. Cancellation is effective immediately for new transactions; pending transactions will be processed per their existing terms. This process is no more burdensome than the signup process.
3.7 Tax Responsibilities
Sovereigns are solely responsible for reporting and paying all applicable income taxes, self-employment taxes, and other tax obligations. Filled86 will issue IRS Form 1099-NEC to Sovereigns meeting the applicable reporting threshold ($600). Filled86 does not withhold taxes on behalf of Sovereigns. Progress toward the 1099-NEC threshold is displayed in the Sovereign's Financial Hub under "1099 Treasury."
4.1 Prohibited Conduct
Users of the Platform agree not to:
(a) Violate any applicable law, regulation, or third-party rights;
(b) Discriminate against any person on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, veteran status, or any other characteristic protected by applicable law;
(c) Use the Platform for any fraudulent, misleading, or deceptive purpose;
(d) Circumvent or manipulate Platform systems, algorithms, or fee structures;
(e) Harass, threaten, or intimidate other users;
(f) Post false, inaccurate, or misleading content; or
(g) Interfere with or disrupt the Platform's operation.
4.2 Anti-Discrimination Policy
Filled86 is committed to a marketplace free from unlawful discrimination. All Establishments using the Platform must comply with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and all applicable state and local anti-discrimination laws when selecting, engaging, or evaluating Sovereigns.
Filled86 reserves the right to remove any listing, posting, or user that violates this anti-discrimination policy.
4.3 Algorithmic Matching Disclosure
Filled86 uses algorithmic systems ("Smart Match," "Curated Shifts," and "Elite Pairings") to suggest potential matches between Sovereigns and Establishments based on factors including availability, location, skills, vibe preferences, Sovereign rank, and prior engagement history. These suggestions are:
(a) Non-binding recommendations that neither party is required to accept;
(b) Not based on race, color, religion, sex, national origin, age, disability, or other protected characteristics;
(c) Subject to regular bias auditing to ensure compliance with applicable anti-discrimination laws; and
(d) Transparent — users may request information about the factors influencing their match suggestions by contacting concierge@filled86.com.
4.4 NYC Local Law 144 Compliance (New York City Users)
For users located in New York City, Filled86's automated matching and ranking tools are subject to annual independent bias audits as required by NYC Local Law 144. Audit results are available at filled86.com/bias-audit. Candidates are notified at least 10 business days before any automated employment decision tool is used in their assessment.
5.1 Filled86 Intellectual Property
The Platform, including its software, design, text, graphics, logos, and other content created by Filled86 (collectively, "Filled86 Content"), is owned by or licensed to Filled86 and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from Filled86 Content without prior written consent.
5.2 User Content License
By submitting content to the Platform (including profiles, photos, reviews, and messages) ("User Content"), you grant Filled86 a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your User Content solely for the purpose of operating and promoting the Platform. You retain ownership of your User Content.
This license terminates when you delete your User Content or account, except where your User Content has been shared with others and they have not deleted it, or where retention is necessary for legal compliance.
5.3 Content Ownership
Sovereign Profiles: Sovereigns retain full ownership of their professional profiles, credentials, portfolio materials, and work history. Filled86's license to this content is limited to Platform display and operation.
Establishment Postings: Establishments retain ownership of shift descriptions, venue information, and posted requirements.
Reviews and Ratings: Reviews and ratings are the intellectual property of the authoring user, subject to the license in Section 5.2.
5.4 Copyright Infringement (DMCA)
Filled86 respects intellectual property rights and responds to notices of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Platform infringes your copyright, submit a notice to our designated DMCA agent: Filled86, LLC · 730 Glenwood Ave SE, Atlanta, GA 30312 · steward@filled86.com.
Your notice must include: (i) identification of the copyrighted work; (ii) identification of the infringing material and its location; (iii) your contact information; (iv) a statement of good faith belief; and (v) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
5.5 Repeat Infringer Policy
Filled86 will terminate the accounts of users who are repeat infringers of intellectual property rights, in appropriate circumstances and at our discretion.
6.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) FILLED86'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES PAID BY YOU TO FILLED86 IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100.00).
(b) IN NO EVENT SHALL FILLED86 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
(c) THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (i) FILLED86'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (ii) CLAIMS ARISING FROM FILLED86'S BREACH OF ITS DATA SECURITY OBLIGATIONS; OR (iii) LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
6.2 Mutual Indemnification
(a) Your Indemnification of Filled86. You agree to indemnify, defend, and hold harmless Filled86 and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or relating to: (i) your violation of these Terms; (ii) your violation of any applicable law; (iii) your User Content; or (iv) your interaction with other Platform users, including any shift-related disputes.
(b) Filled86's Indemnification of You. Filled86 agrees to indemnify, defend, and hold harmless Platform users from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to: (i) Filled86's gross negligence or willful misconduct; (ii) Filled86's violation of applicable data protection laws with respect to your personal data; or (iii) infringement of third-party intellectual property rights by the Platform software itself.
6.3 Disclaimers
(a) THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) FILLED86 DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF SERVICES OFFERED BY SOVEREIGNS OR ESTABLISHMENTS, NOR THE ACCURACY OF LISTINGS OR USER CONTENT.
(c) FILLED86 IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE.
6.4 Assumption of Risk
You acknowledge that hospitality work involves inherent risks. You voluntarily assume all risks associated with your use of the Platform and any in-person interactions with other users.
7.1 Sovereign-Establishment Disputes
Disputes between Sovereigns and Establishments regarding shift performance, payment, or conduct shall be resolved as follows:
(a) Good Faith Resolution (Required). Both parties must first attempt to resolve the dispute directly through the Platform's messaging system within seven (7) days of the disputed event.
(b) Platform Mediation (Optional). If direct resolution fails, either party may request non-binding mediation through Filled86's dispute resolution process at steward@filled86.com. Filled86 will review available evidence and provide a recommended resolution within ten (10) business days. Participation is voluntary.
(c) Fund Release During Disputes. Disputed funds will remain in escrow until the dispute is resolved by mutual agreement, Platform mediation recommendation accepted by both parties, or applicable legal process.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
8.1 Agreement to Arbitrate
You and Filled86 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth in Section 8.4.
8.2 Scope
This arbitration agreement covers all Disputes arising from or related to your use of the Platform, these Terms, or the relationship between you and Filled86. It does not cover claims unrelated to the Platform relationship.
8.3 Arbitration Rules and Procedures
(a) Arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures, or by another mutually agreed arbitration provider.
(b) The arbitration shall take place in the county where you reside (or, for Establishments, where your principal place of business is located), unless the parties mutually agree otherwise.
(c) The arbitrator shall apply the substantive law of the State of Georgia.
(d) Filled86 will pay all JAMS filing, administration, and arbitrator fees for claims under $10,000 (unless the arbitrator finds the claim frivolous). For claims over $10,000, filing fees will be split equally unless the arbitrator determines otherwise.
(e) The arbitrator may award the same damages and relief that a court could award under applicable law.
8.4 Exceptions to Arbitration
8.5 Class Action and Collective Action Waiver
YOU AND FILLED86 AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID WITH RESPECT TO SUCH DISPUTE.
8.6 Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed against Filled86 within a 90-day period ("Mass Filing"), the following procedures apply:
(a) Up to 10 cases will be selected (5 by claimants, 5 by Filled86) as bellwether cases to be arbitrated individually;
(b) All other cases will be stayed pending bellwether resolution;
(c) Following bellwether resolution, the parties will engage in a single mediation session;
(d) If mediation fails, remaining cases will proceed in batches of 25;
(e) Filled86 will not use fee-shifting, delegation clauses, or procedural rules designed to frustrate or economically discourage mass claims.
8.7 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to steward@filled86.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.
8.8 FAA Transportation Worker Exemption
Nothing in this Section 8 shall be construed to require arbitration of disputes with workers who are exempt from the Federal Arbitration Act under 9 U.S.C. § 1, including any class of workers engaged in interstate commerce to the extent such exemption applies.
8.9 Consent Mechanism
BY CLICKING "I AGREE" OR USING THE PLATFORM AFTER THE EFFECTIVE DATE, YOU AFFIRMATIVELY CONSENT TO THIS ARBITRATION AGREEMENT. THIS AGREEMENT IS PRESENTED WITH CONSPICUOUS NOTICE AND REQUIRES YOUR AFFIRMATIVE ACTION TO ACCEPT.
9.1 Commitment to Accessibility
Filled86 is committed to ensuring that the Platform is accessible to all users, including those with disabilities. We endeavor to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
9.2 Accessibility Features
We strive to ensure our Platform is:
9.3 Reporting Accessibility Issues
If you experience any accessibility barrier on the Platform, please contact us at concierge@filled86.com. We will make reasonable efforts to address reported issues within thirty (30) days.
9.4 Alternative Formats
Platform content and communications are available in alternative formats upon request. Contact concierge@filled86.com to request accommodations.
10.1 Notice of Changes
Filled86 may modify these Terms at any time. We will provide at least thirty (30) days' advance notice of material changes by:
10.2 Acceptance of Changes
Your continued use of the Platform after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Platform and may cancel your account without penalty.
10.3 Non-Retroactivity
Material changes to these Terms (including changes to the arbitration provision, fee structure, or liability limitations) apply prospectively only and do not affect Disputes arising before the effective date of the change.
11.1 Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles, except where preempted by federal law.
11.2 Venue
For any Dispute not subject to arbitration, the exclusive venue shall be the state and federal courts located in Fulton County, Georgia. Both parties consent to personal jurisdiction in those courts.
12.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Filled86 regarding the Platform.
12.2 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
12.3 Waiver
Filled86's failure to enforce any right or provision does not constitute a waiver of that right or provision.
12.4 Assignment
You may not assign your rights or obligations under these Terms without Filled86's written consent. Filled86 may assign its rights and obligations without restriction.
12.5 Force Majeure
Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control.
12.6 Contact
Filled86, LLC · 730 Glenwood Ave SE, Atlanta, GA 30312
General Inquiries: concierge@filled86.com
Disputes & Legal: steward@filled86.com
BY CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.