Episode 74: If There Is Another Shutdown...Is It ‘Force Majeure’?

Things I talk about:

• A recap of what is force majeure.
• What would happen if we went into another shutdown would it be force majeure?
• The three key components I recommend your force majeure clause has in it going forward in 2021. 
• What to do if you don't have a force majeure clause and how you can add that in.
  
  

Here are a few quotes:

"A force majeure clause in your contract relieves one or both parties from performing their obligations under the contract. When certain circumstances arise that are beyond both parties or one party's control. The most important thing to remember is that a forced majeure event has to be unpredictable and unforeseeable at the time of contracting." 

"But as of now, COVID-19 is no longer an unpredictable or unforeseeable event. It's expected to be a concern for a while when it comes to scheduling and planning, weddings or events. You know about it as a wedding industry vendor and your clients know about it as they're planning their event now because unpredictability unquote and suddenness quote unquote are factors in determining whether an event constitutes force majeure."

"My point here is please don't let your clients tell you that force majeure is still at play because it's not. While judges probably would have considered the argument in March through May of 2020, when the United States was shut down and maybe even potentially into the summer of 2020. Judges are not going to entertain that type of argument." 

Links mentioned:

• The Legal Paige's Force Majeure Clause
• The Legal Paige's Free Basic Force Majeure Clause
• The Legal Paige Shop
• The Legal Paige Blog