This clause defines what counts as a "natural disaster" for force majeure purposes—for example, earthquakes, floods, or hurricanes, but maybe not pandemics or extreme weather. The definition matters enormously because if your situation isn't on the list, you have no excuse, even if it was genuinely unforeseeable. Courts interpret these lists strictly: if a tornado isn't mentioned but a hurricane is, you might not be protected from tornado damage. This is why the specific wording is a contract killer—a vague definition like "acts of God" is actually better than a narrow list, because it's more flexible.
Avoid lists entirely and use broad language like "natural events beyond reasonable human control" instead. If the other party insists on a list, make sure it includes "any natural event of similar severity and unforeseeable nature" as a catch-all. Also add climate-related events explicitly (flooding, extreme temperatures, drought) because these are increasingly common and courts are still developing case law on whether they count as "natural." ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause defines what counts as a "natural disaster" for force majeure purposes—for example, earthquakes, floods, or hurricanes, but maybe not pandemics or extreme weather.
Why should I care about this clause?
The definition matters enormously because if your situation isn't on the list, you have no excuse, even if it was genuinely unforeseeable.
What are my options?
Courts interpret these lists strictly: if a tornado isn't mentioned but a hurricane is, you might not be protected from tornado damage.
How does this affect small businesses?
This is why the specific wording is a contract killer—a vague definition like "acts of God" is actually better than a narrow list, because it's more flexible.