How can you simplify a force majeure clause for a conference contract?

A force majeure clause is a provision in a contract that excuses the parties from performing their obligations if an unforeseeable event beyond their control prevents them from doing so. For example, a pandemic, a natural disaster, or a war. Force majeure clauses are especially important for conference contracts, as they can protect both the organizers and the attendees from losing money or facing legal claims in case of cancellation or postponement. However, force majeure clauses can also be complex, vague, and contentious, leading to disputes and confusion. How can you simplify a force majeure clause for a conference contract? Here are some tips to help you draft a clear and fair clause that covers the most common scenarios and risks.

1 Define force majeure events

The first step to simplify a force majeure clause is to define what constitutes a force majeure event. You should list the specific events that would trigger the clause, such as epidemics, earthquakes, riots, or government actions. You should also include a catch-all phrase that covers any other event that is beyond the reasonable control of the parties and makes the performance of the contract impossible or impracticable. However, you should avoid using terms that are too broad or subjective, such as "adverse market conditions" or "acts of God", as they could lead to ambiguity and disagreement.

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Richard Rupp

Author/Writer/Screenwriter
From the 2nd Edition of "Rupp's Insurance & Risk Management Glossary" (my publication) - "force majeure" definition - "An event or accident beyond any person's control. (French for 'superior force,' same as the Latin term 'vis major.' It is often understood as natural disasters (or acts of God), but force majeure also includes mass acts of human agency, such as war and civil strife."
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2 Specify the effects and remedies

The second step to simplify a force majeure clause is to specify what happens when a force majeure event occurs. You should state the effects of the event on the contract, such as suspension, termination, or modification. You should also state the remedies available to the parties, such as refunds, credits, rescheduling, or alternative arrangements. You should make sure that the remedies are proportional and reasonable, and that they do not unfairly favor one party over the other. You should also indicate the time frame and the conditions for applying the remedies, such as notice requirements, evidence requirements, or dispute resolution mechanisms.

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Richard Rupp

Author/Writer/Screenwriter
An alternative arrangement in the event a force majeure event occurs could be the purchase of insurance to cover out-of-pocket expenses. Here is my definition of such coverage (Rupp's Insurance & Risk Management Glossary) - "force majeure coverage" - "Liability Insurance. . . that covers financial loss caused when commitments cannot be honored because of a force majeure event."
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3 Use plain and simple language

The third step to simplify a force majeure clause is to use plain and simple language that is easy to understand and follow. You should avoid using legal jargon, technical terms, or complex sentences that could confuse or mislead the parties. You should also use consistent and precise terms that match the rest of the contract. You should write the clause in a clear and concise way that leaves no room for interpretation or manipulation. You should also use examples, illustrations, or tables to clarify the clause if necessary.

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Richard Rupp

Author/Writer/Screenwriter
From my personal experience, I have found that the use of plain and simple language in a contract varies by industry and what law firm is used in the drafting of the contract. There has been an effort to simplify contract language over the years so that they are more understandable. Remember, thought that courts have interrupted contracts and made them, in effect, somewhat like a law.
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4 Review and update the clause regularly

The fourth step to simplify a force majeure clause is to review and update the clause regularly to reflect the changing circumstances and expectations of the parties. You should monitor the external factors that could affect the contract, such as the status of the pandemic, the travel restrictions, or the regulatory changes. You should also communicate with the other party and seek their feedback and consent on any changes to the clause. You should document any amendments or waivers to the clause in writing and keep them in a safe place.

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5 Seek professional advice

The fifth step to simplify a force majeure clause is to seek professional advice from a lawyer, a mediator, or a contract specialist. They can help you draft, review, and negotiate a force majeure clause that is tailored to your specific needs and goals. They can also help you resolve any disputes or issues that may arise from the clause. They can provide you with valuable insights and guidance on how to handle the force majeure events and protect your rights and interests.

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6 Learn from best practices

The sixth step to simplify a force majeure clause is to learn from best practices and examples from other conference contracts. You can research and compare how other organizers and attendees have dealt with force majeure events and what clauses they have used. You can also consult industry associations, trade groups, or professional networks that may have standard templates, guidelines, or recommendations for force majeure clauses. You can use these resources as references and inspiration for your own clause, but you should always customize and adapt them to your specific situation and context.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Richard Storrs

Mediator and Attorney at the Storrs Law Firm
It is good to include a carefully written catch-all event that triggers the clause. This event would be phrased in terms of occurrences outside the control of the performing party.
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How can you simplify a force majeure clause for a conference contract?

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1 Define force majeure events

2 Specify the effects and remedies

3 Use plain and simple language

4 Review and update the clause regularly

5 Seek professional advice

6 Learn from best practices

7 Here’s what else to consider

Conferences

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How can you simplify a force majeure clause for a conference contract?

1

2

3

4

5

6

7

1 Define force majeure events

2 Specify the effects and remedies

3 Use plain and simple language

4 Review and update the clause regularly

5 Seek professional advice

6 Learn from best practices

7 Here’s what else to consider

Conferences

Rate this article

Thanks for your feedback

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