When it comes to event contracts, it makes sense to protect yourself and stay in control of your options.
Use the following suggested contract language to protect your event, ensure safety, and allow you to relocate if necessary.
Clauses listed below include:
- Clean Hospitality Model COVID-19 Language
- Refuse “Green Choice” Contract Language
- Model Protective Language for Event Contracts
Clean Hospitality Model COVID-19 Language:
Notwithstanding any express or implied language in the contract to the contrary, from [start date of event] to [end date of event], the Hotel will:
- require all employees and guests over the age of 2 to wear face masks at all times when in public areas of the Hotel;
- sanitize all public areas of the Hotel at least once every day;
- sanitize all high-traffic areas, such as lobbies, restrooms, and break rooms at least hourly;
- sanitize all high touch surfaces in common areas multiple times per hour;
- sanitize all high touch-points in public areas of the Hotel, such as elevator buttons, railings and doorknobs, at least once every hour;
- sanitize all occupied guest rooms [in the room block] on a daily basis unless the guest places a “do not disturb” sign on the door;
- ensure that all employees have work stations that allow them to remain six feet from other people unless separated by plexiglass or similar barriers; and
- monitor employees and guests for Covid-19 symptoms on a daily basis, such as by taking temperatures each time an employee or guest enters the Hotel; and
The Hotel will notify [organization] of any employee or guest known to have tested positive for Covid-19 between [start date or event] and [fourteen days after end date of event] and provide sufficient information about the employee or guest to enable [organization] to trace any contacts [organization]’s attendees may have had with such employee or guest.
The Hotel will provide a copy of each of its written safety plans that address the Covid-19 pandemic, including any written safety plan distributed to Hotel employees, upon demand from [organization] or any participant in [event], at any time between the execution of this agreement and [end date of event].
Refuse “Green Choice” Contract Language:
Attention event planners! When you are finalizing event contracts with “Make a Green Choice” or “Your Choice” programs, insert the following language to refuse “Green Choice” for all your guests and/or attendees:
[Organization name] will not participate in the hotel’s “Green Choice” or any similar program, and notation should be made on all guest reservations not to offer this option. All advertising materials regarding the program will be removed from the guest rooms, and the program will not be offered via the online reservation system. If an individual attendee requests the “Green Choice” program or any similar program, front desk staff will tell the attendee that their organization has opted out and the “Green Choice or “Your Choice” programs are not available as an option for them.
If you want to protect your event from unexpected problems, we encourage you to include this protective language in all your event contracts:
Model Protective Language for Event Contracts:
Excused non-performance language and how it can protect your organization
Most excused non-performance and force majeure clauses protect organizations from so-called “acts of God.” However, many such clauses address other extraordinary events such as labor disputes, and an increasing number of these clauses include language that indemnifies organizations for meeting cancellations which are caused by labor disputes. Such language has been successfully used by many organizations for this purpose.
More and more meeting planners recognize that they need to protect themselves and their organizations from the potentially negative effects of labor disputes in this manner, and leading industry resources have begun to reflect some of those concerns. In the 2/1/04 issue of Religious Conference Manager, a report entitled “Negotiating and Contracts” specifically mentions unions in the section on negotiating contracts’ cancellation clauses.
With the right language, you should be able to cancel your meeting contract without penalty in the event of a labor dispute.
The following clause can help protect the group in case of labor dispute:
EXCUSED NON-PERFORMANCE DUE TO LABOR DISPUTE. Notwithstanding anything in this Agreement to the contrary, if performance hereunder would foreseeably involve [Group] in or subject it to the effects of a boycott, strike, lockout, picketing or other labor dispute and [Group] therefore withholds, delays or cancels performance, it shall have no liability there from, provided that [Group] may not withhold, delay or cancel performance based upon a labor dispute involving its own employees. In the event of a cancellation under this Section, neither [Group] nor its members shall have any future obligation under this Agreement, and any deposits or other payments made to the Hotel by [Group] or its members to reserve rooms or other space for use, and/or for services to be provided, shall promptly be refunded to [Group] or its members. This Section shall supersede all other provisions of this Agreement and shall be construed and enforced in accordance with the laws of the State of [Group’s home state here].
In addition to the above, it would be helpful for the hotel to be required to disclose to the group any labor disputes, according to the following clause:
NOTIFICATION OF LABOR DISPUTE. The Hotel agrees to notify [your Group] in writing within ten (10) days after it becomes aware of any labor relations dispute involving the Hotel and its employees including, but not limited to, union picketing, the filing of an Unfair Labor Practice charge by a union, the expiration of a negotiated labor contract, an existing or impending strike or lockout or any other matter which could reasonably be construed as a labor-management relations dispute.