Tex. Bus. & Com. Code § 118.0004

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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.

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

Tex. Bus. and Comm. Code § 118.0004

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 768,Sec. 24.001, eff. 9/1/2023.

Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 305,Sec. 6, eff. 1/1/2022.