Caution

No Force Majeure For Creator

Brand can invoke force majeure; creator cannot; asymmetric excuse structure leaves breach exposure on extraordinary events.

Show it
Look in the force-majeure or creator-obligations section for phrases like "Creator's obligations are not excused", "Creator shall remain bound regardless", "force majeure does not apply to Creator", or silence on creator-side excuse rights paired with a detailed brand-side force-majeure provision.
Decode it
Force-majeure reciprocity is the fairness floor. Both parties face the same risk of extraordinary events; both should be able to invoke suspension on equivalent triggers. Asymmetric force-majeure leaves the creator liable for performance on schedule even where illness, family emergency, natural disaster, or other extraordinary events materially affect delivery capacity.
Fix it
Push for: mutual force-majeure with equivalent invocation triggers; or at minimum, narrow creator-side excuse rights for documented illness, family emergency, or named natural disasters; explicit preservation of common-law frustration as a backstop; liability cap on damages for extraordinary-event non-performance where mutual force-majeure cannot be secured.

What it means

This contract lets the brand invoke force majeure to excuse or suspend its obligations when extraordinary events occur, but does not give you a matching right. If illness, family emergency, natural disaster, or other extraordinary events affect your ability to deliver, you remain contractually bound to perform on schedule.

If only the brand can rely on force majeure, events outside your control could still put you in breach.

What to check before you sign

  • ·Does the contract recognise creator force majeure at all?
  • ·If so, is the creator-side definition narrower than brand-side?
  • ·Are illness, family emergency, or named natural events explicitly covered?
  • ·Is the clause expressly mutual?
  • ·Is common-law frustration preserved or displaced?

How to fix it

  • Convert force-majeure provision to mutual, either party may invoke on equivalent triggers with the same notice and mitigation obligations.

  • Add narrow creator-side excuse rights for defined events (illness, family emergency, natural disaster) with documentation requirements.

  • Add explicit language preserving common-law frustration doctrine as a backstop for creator-side events.

  • Where mutual force-majeure is unavailable, add a liability cap limiting damages for non-performance triggered by documented extraordinary events.

Negotiating it

A good opening

"Could we make force majeure mutual, so either of us can suspend on the same triggers? If not, could I at least have narrow rights to be excused for documented illness, family emergency or named natural disasters? "

When to walk away

Asymmetric force-majeure (broad brand-side, none creator-side) combined with liquidated damages, clawback rights, no liability cap, broad indemnity, and no creator termination rights, creates a structure where the creator carries substantive breach exposure even where extraordinary events materially affect delivery capacity. Strong walk-away signal, particularly where the engagement timeline is long enough that extraordinary events are materially probable.

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Educational guidance, not legal advice. For high-value or complex deals, get independent legal advice from a qualified professional.