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I have a business contract that requires signatures from a client(s), etc... It contains wording such as:
"Limited Liability: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God....." etc
I'm thinking about changing this clause to 'Act of Nature vs. Act of God" I've heard few horror stories where insurance companies would not pay for damages because they had no proof of God's existence in court... hence, god couldn't have created "damages"....
I have a business contract that requires signatures from a client(s), etc... It contains wording such as:
"Limited Liability: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God....." etc
I'm thinking about changing this clause to 'Act of Nature vs. Act of God" I've heard few horror stories where insurance companies would not pay for damages because they had no proof of God's existence in court... hence, god couldn't have created "damages"....
I have a business contract that requires signatures from a client(s), etc... It contains wording such as:
"Limited Liability: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God....." etc
I'm thinking about changing this clause to 'Act of Nature vs. Act of God" I've heard few horror stories where insurance companies would not pay for damages because they had no proof of God's existence in court... hence, god couldn't have created "damages"....
Silly? Yes. Makes sense? Yep.
I have never thought of the clause as an escape clause, but in the world of law where every word can be dissected I think you may be right.
It also might be we just don’t trust legal papers, but than again we might have good reason to be careful.
I will, i was just curious how "Act of God" can be twisted around.....
Before the usual suspects show up, you have the answer in the OP itself. Acts of Nature is just fine. Just make sure it doesn't offend your environmentalist clients
Maybe you should include both "act of God" and "act of nature". Then again nature is not a person that can act. Maybe you should think of the wording on that like "any negative occourance of nature". Anyways, I don't think we should be blaming God for anything that happens that is negative. Maybe it should be "any act of Satan". At least the negative will be specified. Maybe you should include "Any act of any God/god/demi-god/celestial being/angel or demon/jinn", just to make sure you cover your basis.
I think that "act of God" has always meant the same thing. It is understood what it means and for someone to argue against this in a court of law seems absurd. For a judge to rule against this wording would litterally mean million of contracts are now questionable. So, I think this wording has presedence. It is not refering to God himself, but events that are just beyond our control. Maybe that is the wording! "any act beyond control".
You could say "Any act beyond control of the photographer including but not limited to: fire, strike, act of God, act of nature...."
Then you can argue for something not on the list so long as it was out of the control of the photographer.
I have once heard that if you have a good relationship with the company you are doing business with, then the contracts should collect dust, or be easily revised if an issue arrises. If you are so concerned with the contract, you may have to consider why your doing business with people that you have to safeguard yourself against so severly.
I will, i was just curious how "Act of God" can be twisted around.....
Why not just simply eliminate the reference to God and use a phrase like "natural phenomenon." Or perhaps cover yourself a little more: "natural phenomenon beyond human control."
In this day and time, you want to protect yourself regardless of type of business, and type of people you are dealing with. I do business with variety of people and personalities, the better coverage, "protection" will be beneficial to myself and my clients.
Interesting because I have the same clause in my contracts but after consulting the in house council (Mrs ovcatto) it appears that the issue isn't whether or not "god" caused the event but whether or not the natural event was foreseeable.
Example: Snow storms are an "act of god" but if you agree to a project in the middle of winter, you should have foreseen the possibility of a major snow storm and you should have acted accordingly.
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