[FREE LEGAL LANGUAGE] Force majeure clause for your client agreements

by | Mar 17, 2020 | Business-Building Resources | 3 comments

My thoughts have been going out to you and your beloveds as we all navigate the coronavirus situation in this country and around the world. It’s a difficult and scary time for all of us, and I am sending you love, peace and wishes of good health.

You may be cuddling up in your jammies at home and as you create a new sense of normal, this may be a good time to work on your business and dedicate some attention to it. (If not, that’s totally okay too…you can always come back to it a little later.)

With the coronavirus, travel restrictions, quarantines and lockdowns, you may be hearing a lot about adding a “force majeure” clause in your contracts.

In the past, force majeure clauses have not often been needed for online work; however, in light of the current circumstances, I wanted to give you added protection.

I am GIFTING you the exact legal force majeure language to insert into your Agreements for FREE.

 

 

I also want to be sure you understand it and how to include it in your legal templates to help protect your income from CLIENTS.

What is Force Majeure?

The definition of force majeure – from Black’s Law Dictionary:

“An event or effect that can be neither anticipated nor controlled; especially, an unexpected event that prevents someone from doing or completing something that he or she had agreed or officially planned to do. • The term includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars).”

Why do you need a force majeure clause? 

Force majeure clauses are used to limit your liability when events happen which are out of your control such as government laws and orders, travel restrictions, and natural occurrences such as the coronavirus or even hurricanes or earthquakes.

Which legal templates can you add this clause to?

You can insert the force majeure clause in these DIY Agreement templates that you’ve purchased from me for use with CLIENTS:

  • DIY Client Agreement 
  • DIY Client Agreement for Small Groups & Masterminds
  • DIY Client Agreement (for use by grapher designers only)
  • DIY Client Agreement (for use by website developers only)
  • DIY Client Agreement (for use by photographers only)
  • DIY Client Agreement (for use by videographers only) 
  • DIY Overnight Retreat Agreement
  • DIY Terms of Use for Group Programs & Products

If you have questions about other contracts or agreements, please reach out to us at clientlove@lisafraley.com.

Where do you put it? 

Insert the force majeure clause in any DIY Agreement template that you’ve purchased from me BUT ONLY for any new client work moving forward. Put it at the end of the “Disclaimer” section before the last sentence. 

Here is the language to insert: (Be sure to change the text in yellow to match the rest of the language in the document.) 

Force Majeure. [Company/we are/I] am not liable for an inability to deliver the Program/Course/content due to a force majeure, whether an act of God or foreseen/unforeseen human-initiated circumstance, health or travel restrictions, quarantines or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or any other act or circumstance outside of [Company’s/our/my control].

Where CAN’T you use it?

You CANNOT add a force majeure clause retroactively to already signed agreements for programs/services that are underway with current clients or past clients.

The ONE exception is if you’re using my DIY Legal Templates which include language that says that you can modify the Agreement. To do you, you would create an addendum but it must be in writing, dated, and signed by both of you.  

If you wish to create an addendum, please contact clientlove@lisafraley.com for specific directions or if you have questions.

A little loving disclaimer…

Please note that this language is meant to be a gift during this trying time to help you protect your client income going forward. This language won’t create an attorney-client relationship between us and it is not personalized legal advice, but it’s an easy way to get a force majeure clause in place quickly… with lots of Legal Love™.

Here’s to the GIFT of protecting your income from clients during this coronavirus pandemic!