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Retail Roundup—Amazon in Australia, Peapod offers meal planning

Store Front Talk Back - Mon, 2017-04-24 14:15
Retail Roundup—Amazon in Australia, Peapod offers meal planning jacquelinerose55 Mon, 04/24/2017 - 14:15

Former NFL player to aid Del Taco's Atlanta expansion

SmartBrief - Mon, 2017-04-24 14:01
Retired NFL player Donnell Thompson has partnered with Del Taco as the company looks to add five locations in the east Atlant -More
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KFC picks new Colonel, plans to send a sandwich into space

SmartBrief - Mon, 2017-04-24 14:01
KFC has named Rob Lowe as the latest actor to play Colonel Sanders, and he'll wear an astronaut suit in new spots to promote  -More
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Shipley Do-Nuts plans Colo. expansion

SmartBrief - Mon, 2017-04-24 14:01
Shipley Do-Nuts, a Texas-based franchise, is expanding into Colorado, with 58 locations planned around the state.  -More
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Know the differences between positive and negative passion

SmartBrief - Mon, 2017-04-24 14:01
Leaders want to encourage passion, but only the positive kind and not the negatives of losing your cool, says John Baldoni in -More
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Speaking tips from a leading voice coach

SmartBrief - Mon, 2017-04-24 14:01
Leaders need to have a voice that is compelling, inspires trust and motivates people, writes Raquel Baldelomar, who offers ad -More
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McDonald's mobile-ordering push is a hit with market analysts

SmartBrief - Mon, 2017-04-24 14:01
A number of analysts are enthusiastic about McDonald's focus on mobile-ordering technology.  -More
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Maneuverability for millennials: Holiday Inn's new H4 design

SmartBrief - Mon, 2017-04-24 14:01
The look and convenience millennial travelers want mark Holiday Inn's new H4 guestroom design.  -More
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Franchise Sales Revolution takes place May 17 in Atlanta

SmartBrief - Mon, 2017-04-24 14:01
Want to get more deals done?
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Webinar next week: Navigating Franchise Growth

SmartBrief - Mon, 2017-04-24 14:01
IFA's Supplier Forum is hosting a webinar Wednesday, May 3 about navigating franchise growth.
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ApplePie Capital

SmartBrief - Mon, 2017-04-24 14:01
ApplePie Capital has appointed Ronald Feldman, CFE, as chief development officer.
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Opinion: Focus on effective tax rates during reform efforts

SmartBrief - Mon, 2017-04-24 14:01
Lawmakers should focus on effective tax rates -- the amount that businesses actually pay -- as they move forward with their t -More
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How taxes vary from state to state

SmartBrief - Mon, 2017-04-24 14:01
A Fundera study ranked states by their small-business tax policies.  -More
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Security is mostly a superstition. ... Life is either a daring adventure, or nothing.

SmartBrief - Mon, 2017-04-24 14:01
Helen Keller, writer and activist
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The cost of convenience: Understanding the third-party delivery dilemma

Nation's Restaurant News - Mon, 2017-04-24 13:45

Damien Orato and Suzanne Singer are partners with Rumberger Kirk & Caldwell. This article does not necessarily reflect the opinions of the editors or management of Nation’s Restaurant News.

UberEats. Postmates. Seamless. Grubhub. Eat 24. These are just a few of the names leading the market in the quickly growing field of third-party delivery services. 

Third-party deliver generally lifts revenue by generating additional business for restaurants, especially among Millennials, who prioritize instant accessibility over cost. The introduction of third-party delivery to a restaurant’s business model is especially enticing because some sales are in decline. The convenience factor these services bring to the table is something the restaurant industry cannot overlook.  

In the midst of this tech renaissance, where maximizing convenience is king, there are important liability considerations associated with third-party delivery people bridging the gap between the restaurant and consumer. Emerging issues in this new landscape include the potential for increased litigation involving matters such as foodborne illnesses, auto accidents and possible intentional or criminal acts by delivery personnel. So, how can restaurants minimize the potential for liability exposure while using third-party delivery services? 

A recent interview with a Grubhub corporate employee confirmed that Grubhub, as is the case with most of these providers, maintains written partnership agreements with all of the restaurants for which it provides services. Regardless, and given the nature of litigants who look for the classic “deep pocket,” it makes sense that customers will hold restaurants at least partially responsible for errors, even if restaurants have formal agreements with third-party delivery companies, and even though the consumer never interfaces with the restaurant itself during these transactions.  

To mitigate risk, restaurants that utilize third-party delivery services should include not only basic operational content in these agreements, like menu pricing, but also adequate liability limitation language. In formulating such a partnership, restaurants should consider the following provisions in any written agreement:

  • Require the third-party delivery service and its drivers to actively disclaim any agency relationship with the restaurant;
  • Include strong indemnification terms which provide for a full shift of responsibility to the third-party delivery service for any claims arising from a consumer’s use of the services;
  • Require third-party delivery services to carry insurance coverage that names the restaurant(s) as an additional insured;
  • Require proof of insurance by the third-party delivery service and for any driver it utilizes, including the requirement of clear vehicle ownership by the driver or service;
  • Require compliance with industry standards for safe food handling, including  temperature maintenance and procedures to follow in case a customer is unavailable to take the delivery of an order at the time specified; and
  • Partner with a third-party delivery service that uses tracking technology so the “chain of custody” can be firmly established to aid in the defense of foodborne illness cases. 

Another emerging concern involves third-party delivery services like Postmates, which sometimes delivers from restaurants without permission. Some restaurants may already be engaging with third-party delivery services without their knowledge. These types of services weigh providing a wider array of choice over forging distinct partnerships. Even with this type of passive permission from the restaurant, there is still a risk of a non-verbal partnership creating liability exposure. For this reason, restaurants should safeguard against unsanctioned delivery services in order to inform the public that the third party operates independently from the restaurant. Here’s how to do that:   

  • Specify the third-party delivery service that the restaurant has agreements with and issue disclaimers on the restaurant website regarding unauthorized services;
  • Include disclaimer language in take-out or delivery menus; and   
  • Include disclaimer language in any online or paper advertisement for the restaurant.  

As technology evolves and becomes more innovative, we can expect a spike in personal injury or consumer protection lawsuits involving these types of third-party delivery services. It is important to take precautionary measures to reduce the risk of liability.  

Damien Orato is a partner in the Orlando, Fla., office of Rumberger, Kirk & Caldwell. He represents clients in cases involving premises liability and significant and catastrophic injuries as well as wrongful death claims. Contact him at dorato@rumberger.com. Suzanne Singer is a partner in the Miami office of Rumberger, Kirk & Caldwell. Her practice focuses on defending clients in the restaurant and hospitality industry in tort claims involving premises liability, wrongful death and employment issues. Contact her at ssinger@rumberger.com.

3 execs describe how to take on the world without losing your brand

FastCasual.com - Mon, 2017-04-24 11:49
Taking a brand to another country is one of the most complex challenges a brand's leadership can undertake. At the Restaurant Franchising and Innovation Summit in Dallas last month, three divergent brands shared some of the lessons they've learned on the road.

How To Measure The Silence Of Your Guestrooms

Hotel Interactive - Mon, 2017-04-24 11:47
Taking Steps To Reduce Noise Can Help Ensure A Good Night’s Sleep For Your Guests

5 Tips for Improving Loyalty

FastCasual.com - Mon, 2017-04-24 10:57
A well-designed, innovative loyalty program can help you surprise and delight your customers with engaging and rewarding experiences. Technology is fast changing customer expectations, so it’s vital to refresh and reimagine the possibilities. To jumpstart your efforts, here are five concrete ideas.