The rules that govern use of the EP Food Share platform.
EP Food Share is a technology platform that connects food donors with recipient organizations. We are a facilitator only. We do not own, take custody of, store, inspect, handle, transport, refrigerate, reheat or otherwise control any food listed on or exchanged through the platform. All food safety responsibility rests with the donor that offers the food and the recipient that accepts it.
Texas 25 TAC 228.64 Texas Civil Practice & Remedies Code Chapter 76 Bill Emerson Good Samaritan Food Donation Act
The platform and all listings, content and services made available through it are provided on an AS IS and AS AVAILABLE basis, without warranty of any kind. Listings are created by users, not by us, and may contain errors or omissions.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or guarantee the safety, quality, freshness, quantity, condition, legality, labelling or suitability of any food offered or received through the platform, and we do not warrant that any donor or recipient is properly licensed, insured or in compliance with applicable law.
To the fullest extent permitted by law, EP Food Share and its officers, directors, employees, volunteers and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or business opportunity, arising out of or relating to the platform or any food exchanged through it. Our total aggregate liability for any claim will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to defend, indemnify and hold harmless EP Food Share and its officers, directors, employees, volunteers and agents from and against any and all claims, demands, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable attorneys fees) arising out of or relating to your use of the platform, any food you donate or receive, your breach of these terms, or your violation of any law or the rights of a third party.
Every participating business, including each restaurant and each recipient organization, must carry and maintain general liability insurance and product liability insurance in commercially reasonable amounts, and must provide a certificate of insurance evidencing that coverage upon request. Participation in the platform may be suspended for any business that fails to maintain the required coverage or to furnish a certificate of insurance.
The Texas Good Faith Donor Act (Texas Civil Practice & Remedies Code Chapter 76) and the federal Bill Emerson Good Samaritan Food Donation Act encourage good faith donation of apparently wholesome food and limit donor liability for such donations. Donors and recipients are responsible for operating in compliance with the Texas Food Establishment Rules, including 25 TAC 228.64, and with all other applicable federal, state and local food safety law. These terms are governed by the laws of the State of Texas.
This page is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Food safety and liability law change over time and may apply differently to your circumstances. Consult a qualified attorney and your local health authority before relying on any statement on this page.