What Happens When Something Way Bigger Than the Event Happens?
Severe storms. Venue closures. Government restrictions. Emergencies. Widespread power failures. Some events become impossible for reasons neither the client nor the photo booth company caused. Your contract should think about those situations before one happens.
GET THE CONTRACT GUIDE + TEMPLATEIt's not just legal language for “something went wrong.”
Force majeure is often used in contracts to address extraordinary events that prevent or seriously interfere with performance.
But it is not a universal escape hatch for every inconvenience, scheduling problem or difficult event.
The exact meaning of a force majeure provision depends heavily on the contract language and applicable law.
That's why this is one section where copying a dramatic paragraph from another photo booth company's agreement is especially risky.
Seven issues your final clause may need to address.
These are planning questions, not universal legal language. The appropriate answers depend on your contract and jurisdiction.
What events does the clause actually cover?
Some agreements identify specific categories of events. Others use broader language.
The wording matters because the clause may be interpreted based on exactly what the contract says rather than what either party vaguely intended.
Attorney-review territory: deciding what events your clause should include and how broadly it should be written.
Does the event actually prevent performance?
A situation may be inconvenient without making the contract impossible or impracticable to perform.
For example, ordinary rain affecting an outdoor booth may be handled by your weather policy rather than necessarily triggering a broader force majeure provision.
What notice must be given?
Your final agreement may establish how and when one party must notify the other that an extraordinary event is affecting performance.
Clear communication requirements can matter when everyone is already dealing with a rapidly changing situation.
Does the booking get cancelled or postponed?
An extraordinary event does not always mean the event disappears permanently.
A wedding may move six months. A corporate event may postpone. A venue may reopen later.
Your agreement may need to explain how force majeure interacts with rescheduling and future availability.
What happens to money already paid?
This is usually the question everybody cares about immediately.
The answer should not be improvised after the extraordinary event occurs.
Refunds, retained payments, credits and rescheduling rights can have significant legal consequences. The appropriate treatment depends on your contract and applicable law.
What if only part of the service is affected?
Maybe the event continues but outdoor operation becomes unsafe. Maybe widespread internet failure eliminates sharing features but the booth can still capture photos.
Your broader agreement should distinguish partial interruption from complete inability to provide the service.
When do normal contract obligations resume?
Some extraordinary conditions are temporary.
If the obstacle disappears, your agreement may need to establish whether performance resumes, the event is rescheduled or another agreed remedy applies.
Extraordinary events aren't always obvious.
A hurricane forces the venue to close.
Neither party caused the closure, and the event cannot occur there. Your cancellation, rescheduling and force majeure provisions may all become relevant.
A severe storm knocks out power across the area.
This is different from your booth tripping a single breaker. A widespread infrastructure problem may raise broader contract issues.
The venue unexpectedly shuts down.
Whether that qualifies under a particular clause depends on why it closed and how the agreement is written.
A government order prevents the event.
Restrictions imposed by government authorities are a type of circumstance that contracts may specifically address.
The forecast simply looks bad.
A concerning forecast is not automatically the same as an event actually becoming impossible. Your separate outdoor-weather policy may address ordinary weather decisions.
The client just changed their mind.
That's generally a completely different category from an extraordinary event outside the parties' control. Your normal cancellation policy would be the more relevant starting point.
“Force majeure” should not be your contract's mystery button.
The CheesyPix Photo Booth Contract Guide helps you think through cancellations, rescheduling, weather, equipment problems, venue issues and other situations that may interact with your final legal provisions.
GET THE PHOTO BOOTH CONTRACT GUIDEDon't treat every cancelled event the same.
Normal client cancellation
The client chooses not to proceed with the event for reasons generally covered by your normal cancellation and rescheduling policy.
That might include personal decisions, budget changes or ordinary scheduling changes.
Extraordinary outside event
Something outside the reasonable control of the parties prevents or significantly interferes with performance.
Whether that circumstance legally qualifies under your force majeure provision depends on the actual clause and applicable law.
This is one section worth paying a lawyer to look at.
Force majeure provisions can affect whether obligations are excused, delayed or terminated and what happens to money already paid. Those consequences can vary dramatically depending on the wording and jurisdiction. Use a template as a discussion framework — not as a substitute for individualized legal advice.
This clause does not live on an island.
A force majeure section may interact with several other parts of your photo booth agreement.
Your cancellation policy addresses ordinary cancellations and postponements. Your weather policy addresses outdoor operating conditions. Your equipment section addresses technical failures. Your venue section addresses access and facility requirements.
The goal is for those sections to work together instead of producing contradictory answers.
For example, if the cancellation section promises one treatment of payments while the force majeure provision promises another, you may create uncertainty exactly when you most need clarity.
Common questions about events outside your control.
What is a force majeure clause in a photo booth contract?
A force majeure provision may address extraordinary events outside the parties' control that prevent or significantly interfere with contractual performance. Its exact effect depends on the wording and applicable law.
Does bad weather automatically count as force majeure?
Not necessarily. Ordinary weather problems may instead be handled under your outdoor-event policy. Whether severe weather triggers a force majeure clause depends on the facts, contract wording and applicable law.
Does a venue closing count as force majeure?
It may or may not. The reason for the closure, whether another venue is available and the wording of the agreement can all matter.
What happens to the client's deposit after a force majeure event?
There is no universal answer. The treatment of money already paid depends on the agreement, applicable law and circumstances. Professional legal review is especially important here.
Can I require the client to reschedule instead of refunding them?
Whether a particular rescheduling or payment provision is lawful and enforceable depends on the contract and jurisdiction. A generic template cannot determine the correct result for every business.
Is a power outage a force majeure event?
A widespread external power failure may raise different issues from an ordinary electrical or equipment problem at the booth. Whether it falls within your force majeure clause depends on the clause and circumstances.
Should a lawyer review my force majeure clause?
Because these provisions can affect major contractual rights, obligations, refunds and remedies, professional legal review is especially valuable.
Extraordinary events overlap several contract sections.
You can't control the storm. You can decide what the agreement says before it arrives.
Start with our 19-page Photo Booth Contract Guide and customizable agreement framework covering cancellations, weather, venue issues, payments, equipment, service interruptions and the other situations photo booth businesses eventually have to think through.
GET THE CONTRACT GUIDE + TEMPLATEImportant: This page and the CheesyPix Photo Booth Contract Guide are provided for educational and informational purposes only and are not legal advice. Force majeure law and contractual rights, obligations, refunds, remedies and enforceability vary by jurisdiction, contract language and circumstance. Have your final agreement reviewed by a licensed attorney who can advise you about the laws applicable to your business.