Texas Business & Commerce Code

§ 118.0004 — TERMS OF AGREEMENT WITH RESTAURANT

BC § 118.0004Title 5. REGULATION OF BUSINESSES AND SERVICES · Part C. BUSINESS OPERATIONS · Ch. 118. THIRD-PARTY FOOD DELIVERY SERVICES

Statute text

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(a)An agreement between a third-party food delivery service and a restaurant must:

(1)be in writing;

(2)expressly authorize the service to arrange for the delivery or pickup of food or beverages from that restaurant; and

(3)clearly state each fee, including a commission or other charge, that the restaurant will be required to pay to the service or absorb in connection with an order arranged through the service.

(b)The agreement may not include any provision that requires the restaurant to indemnify the third-party food delivery service, including an employee or independent contractor of the service, for claims or liabilities resulting from acts or omissions of the service or of an employee or independent contractor of the service.

(c)A provision in an agreement that violates Subsection (b) is void and unenforceable.

Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 6, eff. January 1, 2022. Redesignated from Business and Commerce Code, Chapter 114 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(3), eff. September 1, 2023.