LA Crawfish – Terms and Conditions





LA Crawfish – Terms & Conditions


LA Crawfish Website Terms & Conditions

Effective Date: January 1st, 2010
Website: www.thelacrawfish.com

1. Acceptance of Terms

By accessing or using this website (“Site”), communicating with LAC Franchising LLC, doing business as LA Crawfish (the “Company,” “we,” “us,” or “our”), visiting any of our corporate or franchised locations, or engaging in any transaction with the Company, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions (“Terms”), our Privacy Policy, and any other legal notices or guidelines posted on the Site. If you do not agree, you may not use this Site or engage with the Company.

These Terms apply to all visitors, users, and others accessing the Site or interacting with the Company, including franchisees, customers, vendors, and staff. Your use of the Site, communication with staff, participation in any transaction, or interaction with our corporate or franchised stores constitutes acceptance of these Terms.

By accessing or using the Site, you consent to enter into these Terms electronically. Such consent constitutes a valid and binding electronic signature under applicable law.

For clarity, these Terms also apply to any official Company social media pages, profiles, accounts, mobile applications, affiliated websites, subdomains, or other online platforms owned or operated by the Company (“Affiliated Properties”). Use of or interaction with such Affiliated Properties is subject to these same Terms unless otherwise specified.

2. Changes to Terms

The Company reserves the right to modify, update, or replace these Terms at any time without prior notice. Updated Terms are effective immediately upon posting. Continued use of the Site constitutes acceptance of the revised Terms regardless of notice.

3. Use of Website

You agree to use the Site only for lawful purposes. You may not:

  • Violate any applicable laws or regulations;
  • Post or transmit harmful, offensive, or illegal content;
  • Attempt to gain unauthorized access to any portion of the Site, accounts, or systems;
  • Use the Site to distribute viruses, malware, or other harmful code;
  • Interfere with or disrupt the Site’s functionality or security;
  • Impersonate The Company, employees, franchisees, or other users.
  • You may not use automated systems, scripts, or bots to access, collect, or interact with the Site without prior written permission.
  • The Company may, in its sole discretion, suspend or terminate your access to the Site or Services at any time, with or without notice, for violations of these Terms or for any other reason permitted by law.
  • You are responsible for maintaining the confidentiality of your account login information. The Company is not liable for any unauthorized use of your account or breaches caused by your failure to safeguard your credentials.
  • You may not use the Site in any country or jurisdiction where such use violates local law. You are responsible for compliance with all applicable local laws, including export and import regulations.

4. Intellectual Property

  • All content on this Site — including text, graphics, logos, images, videos, software, and trademarks — is the property of The Company or its licensors and is protected by copyright, trademark, and other laws.
  • You may not reproduce, distribute, modify, or create derivative works without written consent.
  • All rights not expressly granted to you in these Terms are reserved by The Company and its licensors.

5. User Submissions & Social Media

  • Any content you post on the Site, including reviews, comments, or media (“User Content”), must comply with applicable laws.
  • You represent and warrant that User Content does not violate laws or third-party rights. The Company is not liable for any claims arising from User Content.
  • By submitting User Content, you grant The Company a worldwide, royalty-free, perpetual, sublicensable license to use, reproduce, modify, publish, and distribute such content in any format.
  • You represent that you have the rights to submit such content and that it does not violate third-party rights.
  • The Company reserves the right to remove any content at its discretion.
  • Use of hashtags, mentions, or other references to LA Crawfish on social media is subject to these Terms and does not create any partnership, endorsement, or employment relationship.
  • This includes any content shared on the Company’s official social media pages or accounts (e.g., Facebook, Instagram, TikTok, Twitter/X, YouTube, LinkedIn), as well as content tagging or referencing our brand. By posting or submitting such content, you confirm you own or control the necessary rights. We may, at our sole discretion, repost, feature, remove, or moderate content appearing on our Site or Affiliated Properties.

6. Franchise & Business Disclaimers

  • Franchise inquiries submitted via this Site are expressly for informational purposes only. Submitting an inquiry does not create a franchise relationship or contractual obligation.
  • No statements on this Site constitute a franchise offer or investment advice, and prospective franchisees must rely only on the written Franchise Disclosure Document (FDD).
  • Franchise agreements are legally binding only upon execution of a written agreement signed by both parties.

7. Ordering & Menu Disclaimers

  • All food orders placed online are subject to availability and local health regulations.
  • The Company does not guarantee allergen-free preparation or prevent cross-contamination. Customers with allergies must use caution.
  • The Company is not responsible for allergic reactions or adverse effects from consumption. Customers assume all risk related to food consumption.
  • Nutritional information is provided as a general guideline and may vary.
  • Prices, menu items, and availability are subject to change without notice.
  • Any statements regarding future menu items, promotions, or features are for informational purposes only and are not binding commitments.

8. Age Restrictions

  • You must be at least 18 years old (or the age of majority in your jurisdiction) to submit information or place orders via this Site.

9. Privacy

  • Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect personal data.
  • Disputes regarding privacy practices are subject to Section 16 (Dispute Resolution).

10. E-Commerce & Payments

  • Online orders are subject to our Terms, Privacy Policy, and any additional payment platform terms.
  • The Company is not responsible for errors, delays, or interruptions in payment processing by third-party providers.
  • Payment constitutes acceptance of the transaction; all sales are final unless otherwise stated.
  • The Company is not responsible for fraud, unauthorized transactions, or errors by third-party payment processors.
  • The Site may facilitate transactions through third-party delivery, payment, or service providers. LA Crawfish is not responsible for errors, delays, interruptions, or other acts or omissions of these third-party providers. Use of third-party services is at your own risk, and any disputes with such providers must be resolved directly with them.

11. Third-Party Links

The Site may contain links to third-party websites. The Company does not control these sites and is not responsible for their content, privacy practices, or terms. Links are provided for convenience only.

Some affiliated, franchise, or partner websites may display the Company’s branding, trademarks, or content. Unless expressly stated, these affiliated or franchise sites may have their own separate terms and privacy policies. In the event of a conflict, the specific property’s terms shall govern your use of that property.

12. Disclaimer of Warranties

  • The Site and its content are provided “as is” and “as available” without warranties of any kind.
  • The Company disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or accuracy of content.
  • The Site and content are provided for informational purposes only; users rely on them at their own risk. The Company makes no representations regarding the accuracy, completeness, or suitability of the information for any purpose.
  • These disclaimers also apply to all Affiliated Properties, including but not limited to official social media pages, mobile apps, and affiliated or partner websites

13. Limitation of Liability

To the fullest extent permitted by law, The Company, its affiliates, officers, directors, employees, franchisees, or agents shall not be liable for:

  • Any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Site;
  • Errors, omissions, or interruptions in service;
  • Unauthorized access to or alteration of your data;
  • Any loss or injury related to consumption of food ordered via this Site.

In no event shall LA Crawfish’s liability exceed the amount paid by you for products or services purchased through the Site in the 6 months preceding the claim.

The Company shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, labor disputes, or internet service interruptions.

The above limitations apply equally to your use of or interaction with any Affiliated Properties.

14. Indemnification

You agree to indemnify, defend, and hold harmless The Company, its affiliates, officers, directors, employees, and agents from any claims, damages, or losses arising from:

  • Your use of the Site;
  • Violation of these Terms;
  • Violation of any applicable law or third-party rights;
  • User Content you submit.

15. Liquidated Damages

You acknowledge and agree that any unauthorized use of the Site, violation of these Terms, or misuse of The Company’s intellectual property, confidential information, or systems may cause damages to The Company that are difficult to quantify. Accordingly, you agree that in addition to any other remedies available at law or in equity:

  1. For general breaches of these Terms, including but not limited to unauthorized use of the Site, scraping of content, copying of materials, or improper submissions, The Company shall be entitled to recover liquidated damages in the amount of $5,000 per violation.
  2. For serious misconduct, including but not limited to hacking, fraud, data theft, misrepresentation as a franchisee, or unauthorized commercial exploitation of The Company’s intellectual property, The Company shall be entitled to recover liquidated damages in the amount of $25,000 per violation.

These amounts are agreed upon as a fair and reasonable estimate of the damages likely to result, including but not limited to loss of goodwill, loss of revenue, disruption of systems, costs of investigation, and brand dilution. This provision shall not preclude The Company from seeking greater actual damages if proven. The parties expressly agree that this clause is intended as a reasonable allocation of risk and not as a penalty.

16. Governing Law, Dispute Resolution, Arbitration & Class Action Waiver

  • These Terms and any Dispute shall be governed by the laws of the state in which The Company Corporate maintains its primary office, without regard to conflict-of-law provisions.
  • Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the courts located in the county, city, and state where The Company Corporate maintains its primary office.
  • You consent to personal jurisdiction and venue in these courts.
  • In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Site or Services (a “Dispute”), you and The Company agree to first attempt to resolve the Dispute informally through good faith negotiation. If the parties cannot resolve the Dispute within 30 days, the matter shall be submitted to mediation with a neutral, impartial mediator. The Company shall have the right to select the mediator, provided the mediator is qualified and has no conflicts of interest. The other party may object to the mediator for conflict of interest, and the parties shall then select a mutually acceptable replacement. Mediation shall be conducted confidentially in the county, city, and state where The Company Corporate maintains its primary office, and the parties shall share the mediator’s fees equally unless otherwise agreed.
  • If mediation does not resolve the Dispute, it shall be resolved exclusively through binding arbitration administered by [AAA/JAMS] in accordance with its rules, before a single arbitrator. The Company shall have the right to select the arbitrator, provided the arbitrator is impartial and qualified. The arbitration shall take place in the county, city, and state where The Company Corporate maintains its primary office. Arbitration shall be conducted confidentially, and the parties shall bear their own costs and attorneys’ fees, unless the arbitrator decides otherwise. Expedited arbitration procedures may be used for disputes involving smaller claims, as permitted by the administering organization. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
  • YOU AND THE COMPANY AGREE THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR COLLECTIVE ACTION.
  • The arbitrator may award only actual damages and shall not have authority to award punitive, incidental, consequential, or special damages, except as otherwise provided by law.
  • Nothing in this section prevents either party from seeking interim or injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
  • If any provision of this section is found invalid or unenforceable, the remaining provisions shall remain in full force and effect, in accordance with Section 16 (Severability).
  • You agree that any claim or cause of action arising out of or related to your use of the Site, these Terms, or the Services must be filed within six (6) months after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred.
  • To the fullest extent permitted by law, you and The Company knowingly, voluntarily, and irrevocably waive any right to a trial by jury in any legal proceeding arising out of or relating to these Terms or your use of the Site.
  • Sections relating to intellectual property, indemnification, limitation of liability, dispute resolution, and any other provisions which by their nature should survive, shall survive termination of these Terms.

17. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. Section titles are for reference only and do not affect the interpretation of any provision.

Section titles are for reference only and do not affect the interpretation of any provision.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices on the Site, constitute the entire agreement between you and The Company regarding the Site and supersede all prior agreements, understandings, or representations, whether written, oral, or implied. No statements, advertising, or communications not expressly included in these Terms are legally binding.

Failure by The Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Rights and remedies are cumulative.

References to “Site” in these Terms shall be interpreted to include Affiliated Properties, unless the context clearly requires otherwise.

19. Electronic Communications

By using the Site, you consent to receive communications, legally binding notices, agreements, and disclosures electronically. Notices sent to you by The Company via email or posting on the Site satisfy any legal requirement that such communications be in writing.

20. Contact Information

If you have any questions regarding these Terms & Conditions or Site, please contact us at:
LA Crawfish Corporate
Email: info [at] thelacrawfish [dot] com