Louisiana Revised Statutes 51:3172 – Agreement; indemnity; penalties
Terms Used In Louisiana Revised Statutes 51:3172
- Agreement: means a written contractual agreement between the merchant and the third-party delivery service. See Louisiana Revised Statutes 51:3171
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Likeness: means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific merchant. See Louisiana Revised Statutes 51:3171
- Merchant: means a restaurant or other retail entity. See Louisiana Revised Statutes 51:3171
- Third-party delivery platform: means the online communication platform of the third-party delivery service on which a consumer can view and search the menus of merchants and place an order for merchant products through internet-enabled technology and digital media, including websites and consumer applications accessible through smart phones and other mobile devices. See Louisiana Revised Statutes 51:3171
- Third-party delivery service: means a company, organization, or other entity, other than a merchant, that is licensed to do business in this state and provides limited delivery services to a consumer. See Louisiana Revised Statutes 51:3171
A. In the absence of an agreement, a third-party delivery service shall not advertise, promote, or otherwise convey any relationship with a merchant or use the name, likeness, trademark, or intellectual property belonging to a merchant on the third-party delivery platform.
B. An agreement executed in accordance with this Chapter shall not include a provision, clause, or covenant that requires a merchant to indemnify a third-party delivery service, any independent contractor acting on behalf of the third-party delivery service, or any registered agent of the third-party delivery service, for any damages or harm that may occur after the merchant product leaves the place of business of the merchant.
C. A merchant whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violation of this Chapter shall have the right to bring an action in a court of competent jurisdiction.
D. Upon a finding by a court of competent jurisdiction that a third-party delivery service used the name, likeness, trademark, or intellectual property of a merchant in violation of this Chapter, the court may impose a civil penalty in an amount not to exceed five thousand dollars or the amount of the merchant’s actual damages, whichever is greater. The court may, in its discretion, award attorney fees to the prevailing party.
Acts 2020, No. 192, §1.
NOTE: This Section is updated through the 2020 First Extraordinary Session, but is subject to final technical revisions by the Louisiana State Law Institute.