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While we are on the topic of extreme weather, let’s talk about understanding force majeure clauses in your wedding contracts. French for superior force, force majeure is a standard clause found in service contracts. It is there to address what happens in situations like extreme weather, war, strikes, or governmental regulations that could interfere with your wedding planning or wedding day.
If your wedding contracts do not include a force majeure clause, you should request that one be added. It should be written to exempt both the client and the service provider from having to perform their part of the contract—either pay the fees or provide the services—because of these defined superior forces beyond their control. It is there to protect both parties to the contract from circumstances truly outside of their control.
Examples of Force Majeure Situations for Wedding Contracts
I asked my legal advisor to give some examples of how force majeure clauses work:
“This could be a situation where the duties are performed late — like the photographer showing up late to the wedding due to hurricane-force winds that knocked down a tree that then obstructed the freeway that led to the venue. In this case, the photographer has not breached the contract, despite arriving two hours late, and is not required to refund any money to the clients. Alternatively, a client might fail to submit a payment on time because the mail was delayed due to a heightened terrorism threat. In this case the vendor could not terminate the contract due to a failure to pay on time as required in the contract. Of course, the clients are still required to pay.
“It could also be a scenario where the event is called off in its entirety due to a force majeure event. This could be because of severe weather, a fire at the venue, a terrorist attack, etc. In this case, the application of the force majeure clause can be varied. But courts generally agree that principles of equity and reasonableness should be applied.”
Force Majeure Clause in Wedding Contracts
Before Covid-19, the most common and important scenario covered by the typical force majeure clause was an act of God, such as a hurricane, earthquake, or tornado. But the clause should also specify a number of other occurrences that could affect your wedding day. This could include acts of war or terrorism, civil disturbances (as in riots), and work stoppage (as in union or wildcat strikes). Now, you will also want to be sure that your force majeure clause also includes a mention of disease of some sort.
While I certainly hope that acts of terrorism do not impact your wedding plans, they are not something you want to ignore. While you may not have a riot at your house, a riot in another area could prevent you from getting to your hair salon on time for your bridal hair appointment. The act of war clause will likely be most applicable to brides or grooms who may become deployed to a combat zone or have their leave from deployment changed, requiring them to reschedule their wedding.
A postponement or cancellation clause should spell out exactly what will happen to the fees you previously paid and the money you owe in the event that the force majeure clause must be executed.
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