Section 100 Restaurant Intellectual Property

(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Covered establishment", a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth.

"Third-party delivery service company", a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for not less than 20 separately owned and operated covered establishments.

(b)(1) A third-party delivery service company shall not use a likeness, trademark or other intellectual property belonging to a covered establishment without obtaining written consent from said establishment to use the likeness, trademark or other intellectual property. Written consent under this subsection shall be reflected in a valid agreement.

(2) To enter into a valid agreement under this section, the third-party delivery service company shall be registered to do business in this state.

(3) An agreement under this section shall not require the covered establishment to indemnify the third-party delivery service company, an independent contractor acting on behalf of the third-party delivery service company, or a registered agent of the third-party delivery service company for damages or harm that may occur after a product leaves the said establishment's place of business. A provision of an agreement that is contrary to this section is void and unenforceable.