Force majeure

Force majeure is a list of events neither side caused and could not reasonably stop — things like a natural disaster, war, or a national infrastructure failure. If one of those events blocks the work, the clause usually pauses that duty instead of treating the delay as a break. It is the “neither of us did this” clause.

Most clauses ask for prompt notice and a real effort to get going again. Many let either side end the contract if the event lasts past a set number of days. Payment that is already due is commonly still owed. A flood does not usually wipe an invoice that has already gone out.

People negotiate which events count, whether a supplier failure or a cyber attack is on the list, and how long the pause can last. A closed list is easier to read. An open list (“including but not limited to”) is wider. Staff shortages and “we are busy” are commonly left off.

For a freelancer, the live question is usually dates, not philosophy. If a venue floods, do the shoot dates move, does the deposit stay, and can either side walk away after 60 days? Write those three answers. Do not rely on the heading alone.

Agencies should say whether a subcontractor’s force majeure counts as the agency’s. If the edit house is flooded, the brand still wants a film. The paper should say the agency must try another house, or that the dates move, or both.