FORCE MAJEURE WON’T COVER PANDEMIC
I know there are attorneys and contract stores pushing their “emergency clauses” kits and throwing around the term “force majeure” like it’s a magic wand that will stop you from losing money during the COVID-19 crisis. This is the legal equivalent of a request to photoshop the wedding so it doesn’t look like it rained that day.
First, force majeure is a common contract provision that triggers an excusal of performance by one or all parties in the event of a sudden emergency (usually stated in a long, depressing list). The force majeure clause is not suitable for every contract becasue it can be broadly interpreted and automatically triggered. It’s really best for parties that are at least in the same locality.
Second, your contract should already cover you, during normal times and pandemic. You should not have to Frankenstein your contract with clauses that you pick up for a few bucks here and there. And let me just point out, I know how much these templates cost and I know how much my services costs, you might be surprised about which is the better price. Also, I have yet to see a template that was actually good for someone. This aside, your contract needs to have a good and well thought out cancellation and rescheduling policy. I rarely see a reschedule policy in my client contracts, and of the few I’ve seen, they were nearly worthless. These clauses will allow the parties to consider their options and waive any provisions if needed.
Which brings me to my third point. We are all in this health crisis together. Weddings are not being cancelled or postponed without good reason. Good customer service trumps any contract terms. I encourage everyone to be flexible and accommodating for their clients. A few days ago, I recommended that you tell your clients to get wedding insurance. I’m afraid at this point, it may too late, and that underwriters are likely going to exclude covering costs for cancellation due to COVID-19. This will pass, but the way you treat your clients, your community, other people will live on. Do what you can for your clients.
Finally, some of you may know that I’m also a consumer protection attorney who has trained other attorneys on a national level on how to help individuals after a disaster including avioding scams. Please be careful about buying templates that you don’t need, with money that may need to be refunded. Don’t do business with someone who tries to scare you into buying what they are selling, and don’t do business with people who are using buzz words, terms of art, inaccurately as a marketing ploy.
My drafting schedule is full for the month, but I am booking into April at www.desireenguyenlegal.com. In light of the fear in our community, I am making myself available for contract review and to help anyone who needs information about managing their personal finances during this very difficult time. Just know that because these reviews are based on a small snapshot of information, the reviews are not considered legal advice. There’s also no charge.
Desiree Nguyen Orth is a California licensed attorney and photographer who owns Desiree Nguyen Legal. Desiree Nguyen Legal is a modern law firm for creative small business owners using a holistic approach to legal protections and damage prevention. The information provided is for educational use only and does not constitute legal advice or solicitation. No attorney-client relationship is formed by commenting or submitting anything on this site. Please contact Desiree Nguyen Orth or an attorney barred in your state for individual legal attention.