If Grubhub gets sued or incurs costs because of something you did on the platform, you are responsible for covering those costs, including the company's legal fees.
This analysis describes what Grubhub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause could expose consumers to significant financial liability if their use of the platform results in third-party claims against Grubhub, including legal defense costs.
Interpretive note: Enforceability of consumer indemnification clauses varies significantly by jurisdiction and may be limited by unconscionability doctrine or consumer protection statutes in certain states.
This provision means that if your actions on Grubhub lead to a legal claim against the company, you may be required to pay Grubhub's legal fees and any resulting damages, which could represent a significant financial risk in certain scenarios.
How other platforms handle this
If you're a business user, you will defend and indemnify Google and its affiliates, officers, agents, and employees from all liabilities, damages, losses, and costs (including reasonable legal fees) arising out of or relating to: any allegation or claim that your content or your use of the services ...
You agree to defend, indemnify, and hold harmless Ancestry and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your v...
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives, as well as Partner Bank (collectively, "Indemnified Persons"), from any and all third party claims, liability, losses, d...
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"You agree to defend, indemnify and hold harmless Grubhub and its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.— Excerpt from Grubhub's Grubhub Terms of Use
REGULATORY LANDSCAPE: Consumer indemnification clauses are subject to scrutiny under state consumer protection statutes and may be unenforceable in certain jurisdictions where they are found to be unconscionable or contrary to public policy. California and New Jersey courts have limited such clauses in consumer contracts under unfair contract term doctrines. GOVERNANCE EXPOSURE: Medium. While indemnification clauses are common in platform terms, their application to individual consumers (as opposed to business users) for open-ended liability including attorneys' fees is broader than many consumer-facing platforms assert, and enforceability may be limited in consumer contexts depending on jurisdiction. JURISDICTION FLAGS: California's unconscionability doctrine and consumer protection statutes may limit enforceability of broad indemnification clauses against individual consumers. EU and UK consumer protection frameworks generally prohibit contract terms that impose disproportionate obligations on consumers. CONTRACT AND VENDOR IMPLICATIONS: The indemnification obligation runs to Grubhub's officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, which is a broad class of potential beneficiaries. Vendor and partner contracts should assess how this downstream indemnification interacts with commercial indemnification structures. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the indemnification clause, as written, would be enforceable against individual consumers in the primary jurisdictions of operation, and whether it should be qualified to exclude scenarios where consumer fault is not established. Monitoring of state-level consumer contract legislation is advisable.
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This clause could expose consumers to significant financial liability if their use of the platform results in third-party claims against Grubhub, including legal defense costs.
This provision means that if your actions on Grubhub lead to a legal claim against the company, you may be required to pay Grubhub's legal fees and any resulting damages, which could represent a significant financial risk in certain scenarios.
ConductAtlas has identified this type of provision across 71 platforms. See the full comparison.
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