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Third Party Planners/Organizations: COVID Clause

  • 1.  Third Party Planners/Organizations: COVID Clause

    Posted 08-14-2020 13:56
    Hi!

    I am looking for a sample clause that third party planners/organizations use in their contracts with their clients as we move into the new normal. As most of my clients are postponing the events, we are not seeing new contract or agreements being used, just an addendum with the new dates.

    If you have anything you can either post here or send to my email at lindsay.buchanan@travelink.com.

    Thanks!
    #Miscellaneous

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    Lindsay Buchanan
    Manager, Meetings, Association Management, and Groups
    Travelink
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  • 2.  RE: Third Party Planners/Organizations: COVID Clause

    Posted 08-18-2020 14:36

    We are requiring what is seen as a typical or boilerplate Impossibility Clause and a separate Illness/Emergency Action/COVID-specific Clause (depending on how the vendor wants to term it). Here are examples of each.

    IMPOSSIBILITY

    The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party -such as acts of God, war, government regulation s, disaster, strikes (except those involving the employees or agents of the party seeking the protection of this clause), civil disorder, or curtailment of transportation facilities - to the extent that such circumstance makes it illegal or impossible to provide or use the Resort facilities. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical - but in no event longer that ten (10) days - after learning of such basis.

     

    COVJD-19 TERMINATION PROVISION

    In the event the CDC determines and reports that more than 1% of the population of the City where the Hotel is located are Presumptively Positive for COVID- 19, excluding from that analysis persons who have been brought to that City for quarantine purposes (example, from a cruise ship), then Group shall have the option to cancel the event based on the following terms and conditions. Group must notify Hotel in writing (by email and federal express) within I 0 business days of the CDC issuing said report that Group desires to cancel based on this clause based on specific concerns; otherwise such option is void. The Hotel shall be given 3 business days (M-F) to respond to such communication and to provide information relative to the Group's concerns.  If the Group, acting reasonably, believes that the information provided is materially insufficient to address its concerns, then the Group must immediately provide the Hotel with written notice of cancellation to the addresses stated above. The Group shall be required to immediately pay the cancellation fee identified herein. Hotel will apply 90% of the cancellation fee to the final master account balance of a replacement meeting of equal or greater revenue as the cancelled event to occur within 12 months of the cancelled meeting on mutually acceptable dates, rates, and space. A failure to agree to contract and conduct the replacement event nullifies any application of the cancellation. If this agreement contains a rebook clause, that clause applies to any other cancellation under this agreement other than due to COVID-19. The replacement meeting conditions of this paragraph are the only rebook terms and conditions that apply to a termination due to COVID- 19.



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    Amanda Adams
    Professional Learning Coordinator
    Cognia, Inc.
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  • 3.  RE: Third Party Planners/Organizations: COVID Clause

    Posted 22 days ago
    Thank you!

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    Lindsay Buchanan
    Manager
    Travelink
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  • 4.  RE: Third Party Planners/Organizations: COVID Clause

    Posted 30 days ago
    Hi Lindsay,

    This is the Force Majeure clause that was in a contract we signed recently with a 3rd party vendor (their contract, not mine). It looks like they literally tacked in the words "global pandemic". 

    FORCE MAJEURE

    Neither party shall be responsible for failure to perform this contract if circumstances beyond their control, including, but not limited to; acts of God, shortage of commodities or supplies to be furnished by the[company], governmental authority, global pandemic or war in the United States that makes it illegal or impossible for the [company] or group to hold the event. The Agreement may be terminated only for any one of the above reasons by written notice from either[company] or Texas Society of Architects to the other within ten (10) days of learning the basis for termination.

    I'm not sure how legally binding it is but we did sign it and we do plan that if COVID gets in the way of the services we booked, we can use this clause to get out of it. 



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    Sharna Pascolo
    Program Director
    Texas Society of Architects
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  • 5.  RE: Third Party Planners/Organizations: COVID Clause

    Posted 22 days ago
    Thank you!

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    Lindsay Buchanan
    Manager
    Travelink
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