Not legal advice. This is operational guidance based on common industry practice and post-2020 contract trends. The specific language for your jurisdiction should be reviewed by a lawyer. Don't copy sample clauses directly into a contract without that review.
What force majeure actually is
A force majeure clause (French for "superior force") suspends or excuses contractual obligations when an event neither party could foresee or control makes performance impossible or impracticable. In event contracts it covers: who keeps deposits, who refunds what, whether the event gets rescheduled, who bears the cost of changed plans.
Before 2020, most catering contracts had a generic sentence: "Neither party shall be liable for failure to perform due to acts of God, war, fire, or similar causes beyond reasonable control." That sentence was effectively untested for most operators. Then a global pandemic shut down events for 18 months and venues, caterers and clients discovered exactly how that sentence applied — or didn't.
The seven things a modern clause needs
1. A specific list of triggering events
"Acts of God" alone is too vague. Modern clauses list specific categories so there's no debate about whether COVID-19 counted (it wasn't a flood, fire, or war — courts in some jurisdictions ruled it didn't trigger generic clauses).
Useful categories to include explicitly:
- Natural disasters (earthquake, flood, hurricane, wildfire)
- Pandemic, epidemic, or quarantine
- Government order or shutdown that directly prevents the event
- War, terrorism, or civil unrest
- Loss of venue access through no fault of either party (fire damage, infrastructure failure)
- Death or serious illness of the immediate honouree (often added for weddings)
- Travel restrictions affecting the named honouree
2. A clear definition of "prevention"
Does the event have to be physically impossible to hold? Or is it enough that holding it would be commercially unreasonable? Most modern clauses cover both, but the line between them matters when local restrictions allow a 30-person event the client expected to be 200.
A useful phrase: "materially and adversely affected such that the event cannot reasonably proceed as contemplated."
3. Notification requirements
Who has to notify whom, in what window, by what method. Without this, you get arguments about "I told you when I knew" that go nowhere. Standard language: "The affected party shall notify the other in writing within 7 days of becoming aware of the force majeure event."
4. The remedies hierarchy
This is the heart of the clause and the most-fought-over part. Three options, in order of preference:
- Reschedule. Mutual agreement on a new date within X months (commonly 12). Original terms apply. Deposits held against the new date.
- Modified event. Reduced headcount, scaled-down format, partial deposit applied. Used when the event can proceed in some form.
- Cancellation. Termination of the contract with a defined refund structure.
The post-2020 lesson: default to rescheduling, not cancellation. Cancellation creates a financial loss for both parties; rescheduling lets both sides recover.
5. Deposit treatment
The single biggest source of post-event disputes. Common modern structures:
- Deposit held as credit toward rescheduled event — most client-friendly, increasingly standard.
- Deposit refunded minus non-recoverable costs — venue keeps what's already been spent (linens already cut, food already ordered) but refunds the rest.
- Deposit refunded in full — only if the event is far enough out that no costs have been committed (typically 90+ days).
- Deposit forfeited — older standard, increasingly viewed as predatory post-2020.
6. Time limits on the clause
How long does force majeure protection last? If the trigger lasts indefinitely, can either party terminate? Standard: "If the force majeure event continues for more than 90 days, either party may terminate this contract."
7. What's explicitly NOT covered
Sometimes more important than what is. Modern clauses often explicitly exclude:
- Financial hardship of either party
- Staff shortages or labour disputes (debated)
- Weather that's seasonal/expected (snowstorm in February in Montreal isn't unforeseeable)
- Failure to obtain required permits (the client's responsibility)
- Lack of guest attendance (low RSVP isn't force majeure)
Sample clause language
Below is a sample clause incorporating the seven elements. This is illustrative only — review with counsel for your jurisdiction before using.
Force Majeure. If a Force Majeure Event materially and adversely affects either party's ability to perform such that the Event cannot reasonably proceed as contemplated under this Agreement, the affected party shall provide written notice to the other within seven (7) days of becoming aware of the event.
For purposes of this clause, "Force Majeure Event" means: (a) natural disaster including earthquake, flood, hurricane, or wildfire; (b) pandemic, epidemic, or government-mandated quarantine; (c) government order or law that directly prevents the Event; (d) war, terrorism, or civil unrest; (e) destruction of or loss of access to the Venue through no fault of either party; or (f) death or serious illness of the named honouree(s) of the Event.
"Force Majeure Event" does not include: financial hardship of either party; ordinary seasonal weather; failure to obtain required permits; or insufficient guest attendance.
Upon notification, the parties shall in good faith attempt to (i) reschedule the Event to a mutually agreed date within twelve (12) months, in which case the original terms shall continue to apply and any deposit shall be held as credit toward the rescheduled Event, or (ii) modify the scope of the Event to allow it to proceed, with an equitable adjustment to fees.
If the parties cannot agree on rescheduling or modification within thirty (30) days of notification, either party may terminate this Agreement. In the event of such termination, the Venue shall refund any deposit received less reasonable, documented, non-recoverable costs incurred in preparation for the Event.
If a Force Majeure Event continues for more than ninety (90) days, either party may terminate this Agreement on the same terms.
Negotiating: client and venue perspectives
The client wants:
- Broad definition of force majeure (including pandemic)
- Full refund of deposit on cancellation
- Right to reschedule without penalty
- Short notification window OK
The venue wants:
- Specific list of triggering events (no "anything weird")
- Recovery of non-recoverable costs from deposit
- Limit on rescheduling window (so the date isn't held indefinitely)
- Clear exclusions (financial hardship, guest count)
A fair middle ground usually looks like: specific triggers, mutual rescheduling first, deposit-as-credit if rescheduled, partial refund (minus committed costs) if cancelled, 90-day cap on either side's ability to extend.
Common gaps that bite
- No definition of "venue inaccessibility." Is a 6-hour power outage enough? A 2-day power outage? Specify.
- No clause for partial restrictions. What if local rules say 50 guests when you contracted for 150? Modified event language covers this.
- No mention of vendor cascades. If the venue's electricity is fine but its required AV vendor goes bankrupt 3 days out, is that force majeure? Usually no — vendor risk is venue risk.
- No "mutual" language. Some older clauses only protect the venue. Modern clauses are mutual.
- No data-preserving language. If the event is rescheduled, who owes a new final guarantee? When? Spell it out.
- No insurance coordination. If either party has event insurance, the clause should say how that interacts with force majeure refunds.
The 2026 reality
Five years after the pandemic, the industry has settled on a reasonable consensus:
- Pandemic is now explicitly listed (not "covered by acts of God" implicitly).
- Deposit-as-credit is the default; cash refunds are case-by-case.
- Rescheduling window is typically 12 months, sometimes 18.
- Notification windows are 7–14 days from awareness, not from the event date.
- Both parties expect to absorb some cost of force majeure; pre-2020, the client absorbed essentially all of it.
Force majeure protection has become a competitive differentiator. Clients who've been through a cancelled event read these clauses now. A venue with a generous, clearly-written force majeure clause wins bookings against a venue with vague boilerplate — one reason banquet halls increasingly standardise the clause across every contract.
LightCater contracts include a clean force majeure clause by default. Customisable per booking, audit-logged when changed, sent for online e-signature with the rest of the contract. See the contract feature, or read more on the BEO and proposal-writing process.
The five-minute version
Modern force majeure clauses list specific triggers (including pandemic), require timely written notification, default to rescheduling, refund deposits minus documented non-recoverable costs, and cap on a reasonable time horizon. They're mutual, they're clear, and they're a competitive advantage in 2026 — not a liability.
If your contract still has the one-sentence "acts of God" boilerplate from 2018, it's the highest-ROI legal update you'll do all year.