What is the force majeure clause in consulting Agreement?

Force Majeure clause is a contractual clause that excuses parties from obligations when extraordinary, uncontrollable events (referred to as "acts of God") prevent or hinder performance. These events include natural disasters, wars, pandemics, or government actions.

US Legal Forms
Artist Management Agreement

Sample Management Contract With Force Majeure In Maryland

Category:

Contracts - Entertainment

State:

Multi-State

Control #:

US-0021BG

Format:

Instant download

Description

Itâ€™s important that the business arrangement between a manager and their client (artist, musician, songwriter, producer, engineer, etc) be put into writing and signed by both parties in the form of an artist management contract or music manager agreement. Even though disasters cannot always be avoided, obligations can be made much clearer and responsibilities more easily understood with the presence of a written artist management agreement. Before you get an attorney to draft a contract for you, however, you should first take stock of what you are prepared to do with and for an artist and what you expect out of the relationship.

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‍The Force Majeure clause should clearly identify the obligations that will be excused in the event of a Force Majeure event. The clause may specify that all obligations will be excused or only certain obligations, depending on the nature of the contract and the parties' preferences.

Force Majeure clause is a contractual clause that excuses parties from obligations when extraordinary, uncontrollable events (referred to as "acts of God") prevent or hinder performance. These events include natural disasters, wars, pandemics, or government actions.

Because the concept is foreign, lawyers who review or draft contracts governed by U.S. law should start with the assumptions that 1) principles of force majeure will not be implied in a contract that does not expressly provide for them, and 2) U.S. courts will interpret and apply force majeure provisions narrowly.

For events to constitute the use of force majeure, they must be unforeseeable, external to contract parties, and unavoidable. Force majeure means “greater force” and is related to an act of God, an event for which no party can be held accountable.

Sample Language 3 The Parties hereby acknowledge that while current events related to the current epidemic/pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that they prevent the performance of a Party's obligations under this Agreement.

The force majeure clause is a contract provision that relieves involved parties from performing their contract obligations if extreme circumstances or “major unforeseen events” outside of their control arise that would make performing these obligations impossible, inadvisable, or dangerous.

Termination — In cases where the force majeure event is severe and long-lasting, the contract may allow for its termination, meaning the parties are released from their obligations entirely because the event has made it impossible or impractical to continue with the contract.

Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.

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Learn what Force Majeure Clauses are with examples and samples. We've created a guide to the most common clauses found in contracts to explore in 2022.Force Majeure Clause: A Primer. If a force majeure clause applies, the affected party can stop contract performance during the time of the force majeure event. Below is an example of a notification letter declaring that a force majeure event has occurred in a commercial transaction. The current COVID19 pandemic may result in debtors asserting payment defenses to loans and other contractual obligations based on force majeure. No. The agreement can contain a provision having the same effect as a force majeure clause without using those words. Although included in many contracts, force majeure clauses are addressed in only a few written judicial opinions in Maryland. Requirements to Obtaining Relief Using Force Majeure. Unlike other states, Maryland has limited case law regarding force majeure clauses.

Sample Management Contract With Force Majeure In Maryland

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