Legal Term

force majeure

Legal Definition

A force majeure clause in a contract excuses a party from liability for failure to perform obligations due to unforeseen, extraordinary events beyond their control, such as natural disasters, wars, or pandemics. In independent film distribution agreements, it typically covers events that prevent film production, distribution, or exhibition, temporarily suspending or terminating contractual duties.

In Plain English

Force majeure means 'superior force'—unexpected big events like earthquakes or government shutdowns that make it impossible to stick to a contract. In film distribution, it can pause or cancel obligations if such events stop a movie from being shown or delivered.

Example in a Contract
FORCE MAJEURE: If either Party is prevented or delayed in performing any obligation under this Distribution Agreement by reason of force majeure, including but not limited to acts of God, war, terrorism, pandemics, governmental regulations, theater closures, or supply chain disruptions, such Party shall not be liable for such failure or delay, provided that it promptly notifies the other Party in writing and uses reasonable efforts to mitigate the impact. The obligations affected shall be suspended during the force majeure period, and if such event persists for more than ninety (90) days, either Party may terminate this Agreement upon written notice.

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