Performance clauses like attrition and cancellation are challenging to negotiate and sometimes expensive to exercise. Force majeure is the very definition of a “grey area.” Using provided scenarios as well as examples from the audience, we’ll talk about the law that supports (and doesn’t support) common contract language and minor changes in wording that can yield huge dividends in protection.
Evaluate attrition clauses to ensure you are getting credit for all you should be, and that you aren’t paying more than the hotel is legally entitled to in attrition fees.
Apply the principle of mitigation to performance clauses and understand why it is fine to ask for something you may not be legally entitled to.
Modify force majeure clauses with a time element to allow adequate opportunity to relocate a meeting if necessary.
PhD, Esq, CMP,
Attorney and Professor,
College of Coastal Georgia