Louisiana § RS 51:3172 - Agreement; indemnity; penalties
Full text of Louisiana Louisiana Civil Code § RS 51:3172 — Agreement; indemnity; penalties, with citation guidance and answers to common questions.
§ RS 51:3172. Agreement; indemnity; penalties
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.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 51:3172
What does Louisiana Civil Code § RS 51:3172 cover?
Section RS 51:3172 ("Agreement; indemnity; penalties") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 51:3172?
A common citation format is "Louisiana Civil Code § RS 51:3172" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 51:3172 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.