3rd party delivery apps must have an executed contract to use your logo or likeness
Restaurateurs, we’ve been advised by an LRA member that a third-party delivery provider has listed their restaurant on the app without permission. This business has no affiliation or contract with this delivery service. They’ve been contacted by several people using the app seeking a refund because the food was never delivered.
During the 2020 Louisiana Legislative Session, the LRA passed Act 192 which prohibits a third-party delivery service from representing a restaurant on their platform, unless there is an executed contract between the parties. This means they can’t use your logo on their website, or in an internet search.
The law also stripped the “indemnification” provisions from any agreement with a third-party delivery contract effectively making it unenforceable in Louisiana (regardless of the contract language.) Your protection allows for a private right of action against the third-party delivery provider that may be mis-representing they have a contract with you, or are simply trying to re-direct an unsuspecting guest of your restaurant to their platform or app. This private right of action allows you to sue the third-party delivery company to seek civil damages of up to $5,000 plus attorney fees.