This clause specifically excludes pandemics (like COVID-19) from force majeure protection, meaning a party can't use a pandemic as an excuse for non-performance and remains liable for damages. It matters because after COVID-19, many parties wanted to avoid being trapped in contracts they couldn't fulfill, so they either included pandemics in force majeure or excluded them depending on their negotiating power. A pandemic exclusion heavily favors the party who wrote it—usually the stronger party. For example, if a venue owner includes a pandemic exclusion in a contract with an event organizer, the organizer must still pay even if lockdowns make the event impossible.
Resist pandemic exclusions unless you have very strong bargaining power or the contract is short-term (under 6 months). If you must accept one, add a reciprocal clause: if pandemics are excluded for you, they're excluded for the other party too. Alternatively, negotiate a "suspension" clause instead—if a pandemic prevents performance, pause the contract (don't terminate it) and resume when possible, rather than triggering immediate liability.
Frequently Asked Questions
What does this clause mean in simple terms?
This clause specifically excludes pandemics (like COVID-19) from force majeure protection, meaning a party can't use a pandemic as an excuse for non-performance and remains liable for damages.
Why should I care about this clause?
It matters because after COVID-19, many parties wanted to avoid being trapped in contracts they couldn't fulfill, so they either included pandemics in force majeure or excluded them depending on their negotiating power.
What are my options?
A pandemic exclusion heavily favors the party who wrote it—usually the stronger party.
How does this affect small businesses?
For example, if a venue owner includes a pandemic exclusion in a contract with an event organizer, the organizer must still pay even if lockdowns make the event impossible.