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Force Majeure Clause Explained: When It Applies and What It Lets Parties Out Of

A force majeure clause excuses one or both parties from performing their contract obligations when an extraordinary event — pandemic, natural disaster, government action — makes performance impossible or impractical. Not all force majeure clauses are equal: the events covered, who can invoke them, which obligations are suspended, and what happens to payment during a force majeure period vary significantly between contracts. Revealr flags every aspect of force majeure language so you know your rights and obligations before signing.

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What Is a Force Majeure Clause and When Does It Apply?

What Revealr checks in your force majeure clause

Triggering events listed
Whether the clause lists specific events or uses a broad catch-all, and whether pandemics and government orders are included
Which party can invoke force majeure
Whether only one party or both can trigger the clause
Which obligations are suspended vs. terminated
Whether performance is paused temporarily or the contract terminates outright
Payment obligations during force majeure period
Whether payment is also suspended or continues regardless of the triggering event
Notice requirements and duration limits
How quickly you must notify the other party and how long the force majeure period can last before either party can terminate

What Revealr Checks in Your Force Majeure Clause

Here is what a Revealr analysis looks like for a real Service Agreement Force Majeure Clause.

R
Revealr Analysis
Service Agreement Force Majeure Clause
Risk Score
74 / 100
WARNING§15.2
Force Majeure Does Not Suspend Payment Obligations

The force majeure clause suspends delivery and performance obligations but explicitly states that payment obligations continue uninterrupted during any force majeure period. You may be required to pay for services not received.

→ Request an amendment providing that payment is also suspended proportionally during force majeure events.
INFO§15.5
Force Majeure Termination Right After 30 Days

Either party may terminate the contract if a force majeure event continues for more than 30 days, with no penalty. This is a short window — some contracts allow 60–90 days before termination rights arise.

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What Happens to Payment Obligations During Force Majeure

Business owners signing service agreements
You want to understand how force majeure affects your obligations and payment terms
Freelancers and contractors
You want to know your rights and obligations if an extraordinary event prevents project completion
Anyone in a long-term commercial contract
You want to understand what happens to your contract during a major disruption

The COVID-19 pandemic exposed how most contracts' force majeure clauses were untested and ambiguous — leaving parties uncertain about payment obligations, performance duties, and termination rights during an extraordinary event. Understanding your force majeure clause before it is needed is essential.

Frequently Asked Questions

Force majeure (French for 'superior force') is a contract provision that excuses non-performance when an extraordinary, unforeseeable event prevents a party from fulfilling their obligations. Common triggering events include natural disasters, pandemics, wars, and government-mandated shutdowns.

Not automatically. Most force majeure clauses suspend performance obligations but do not cancel payment that was already due. Some contracts specify that payment is also suspended during the force majeure period — this must be explicitly stated in the clause.

Generally no. Economic difficulty or increased costs alone do not typically trigger force majeure. The event must make performance objectively impossible or illegal, not merely more expensive or inconvenient.

Most force majeure clauses allow either party to terminate the contract if the force majeure event continues beyond a specified period (typically 30–90 days). The termination rights and any payment obligations that survive termination should be explicitly stated in the clause.

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Force majeure interpretation depends heavily on specific clause language and governing law. Consult a contract attorney for advice on invoking or responding to force majeure claims.