legal
Force Majeure
Definition
A contract clause that excuses a party's non-performance when extraordinary events outside either party's control—such as natural disasters, pandemics, or government actions—make performance impossible or impractical.
For Creators
Force majeure clauses should be mutual. If the brand can invoke force majeure to avoid paying you, you should equally be able to invoke it to excuse late delivery. Look for whether non-payment is ever excused under the clause—that's creator-unfriendly.
For Brands
Force majeure provisions protect brands from paying for cancelled campaigns during crises. Ensure the clause covers public health emergencies, government orders, and supply chain disruptions—all relevant to product launches tied to influencer campaigns.
Sample Contract Language
“Neither party shall be in default or liable to the other for any failure or delay in performing its obligations due to causes beyond such party's reasonable control, including acts of God, war, terrorism, pandemic, government orders, or natural disaster, provided that the affected party provides prompt written notice and uses reasonable efforts to resume performance.”
Related Terms
Appears in 2 contracts
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