If you’ve ever looked at an entertainment contract, you’ve likely seen the term “force majeure.”
Force Majeure is defined simply as an unforeseeable circumstance or event. This is also occasionally referred to as an “act of God.” In entertainment, force majeure is a circumstance that prevents an event from happening or prevents someone from fulfilling a contract, and thus needs to be discussed.
Most contracts go into detail about what is considered a force majeure event, and some also go into detail on what is NOT considered a force majeure event.
COVID-19 was the biggest use of force majeure clauses we have ever seen in the live entertainment industry, and has caused contract administrators and lawyers to be more particular about the language used in those clauses. Now, most artist contract force majeure clauses include information about what to do in the case of a performer already having traveled to the event site. If they are “ready, willing, and able” to perform, they now expect to be paid in full. This is because of what happened on March 12, 2020 when the world was sent into isolation and all shows had to be canceled on the spot. So many performers lost a lot of money on travel, were stuck with tour expenses they could not get out of, and were never paid for those shows that did not end up happening due to last minute cancellations. Now, most artists will fight for either payment in full, reimbursement of any non-recoverable expenses, and/or a mutually-agreeable rescheduled date.
Weather is also a confusing point as to how force majeure applies or does not. Most outdoor shows will not consider bad weather to be force majeure. Most indoor shows also will not, unless it is a government mandated city shut down. Therefore, for any outdoor events, it is up to the Buyer entity to have a rain location backup plan, or weather insurance. When they do not have a backup plan, most artists will not accept anything other than full payment if unfortunate weather delays or cancels the event.
In general, when it comes to editing force majeure language and other sticky parts of your contract, seek advice from your legal counsel. But for general advice on editing contracts, check out our blog post How To Review and Edit An Entertainment Contract and Rider.
Jolene Chevalier
Founder & Talent Buyer | How To Concerts
Jolene has been a middle buyer for over 15 years, helping colleges and others with their concerts, comedians, and speakers. (And, yes, she is named after the Dolly Parton song.) She would love to talk with you about helping to book, plan, and prepare for your event.
Jolene Chevalier
Founder & Talent Buyer | How To Concerts
Jolene has been a middle buyer for over 15 years, helping colleges and others with their concerts, comedians, and speakers. (And, yes, she is named after the Dolly Parton song.) She would love to talk with you about helping to book, plan, and prepare for your event.
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