Texas Business and Commerce Code 118.0004 – Terms of Agreement With Restaurant
(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.
Terms Used In Texas Business and Commerce Code 118.0004
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(c) A provision in an agreement that violates Subsection (b) is void and unenforceable.