Does anybody have a good Act of God clause I can use from their contracts?
I'd just write up something like "In the event of major power outages caused by weather or other circumstances that are out of the baker's control, the cake may not be delivered as contracted." then add what your refund policy is, whether it's part of the total cost or 100% or whatever. I put somehting in my contract after a hurricane a few years ago since we had no power for 10 days. Just as I was calling my friend whose power was back on to tell her that I'd be over to bake in her kitchen the next day, the lights went on! Talk about timing...
I personally wouldnt mention "god" in there.
My BF is in the industrial machine business....this was on a website that sells parts...
All parts have a 90 days warranty from received date. This warranty is void when:
Improper tampering of the unit.
The unit is damaged by lightning strikes or electrical surges.
The unit is damaged by dropping.
The unit is damaged due to the failure of another machine part.
The unit is damaged due to incorrect setup or installation.
The unit is damaged by the shipping carrier.
The unit is damaged by an act of God."
I literally was laughing my butt of at the last one.... I thought it was a joke. Who knows what some people would claim "is an act of God!"
I would phrase it like the above poster said. Natural catastrophe, etc.
I have a part in my contract that covers acts of God. Death in the family, Flood, power outages, major snow storms etc that would prevent me from delivering at all or 3 hours past the reception time. Refund would be 50% -delivery and deposit.
They all agree that is acceptable. I perfer to use the terms "acts of God" because I see it is an understood set of circumstances.
"XXXXXX shall not be liable for non-performance of this contract when such non-performance is attributable to labor trouble, disputes, strikes, accidents, governmental (federal, state, municipal) regulations of, or restrictions upon travel, or transportation, non-available food, beverage, or supplies, riots, national emergencies, acts of God and other causes whether enumerated herein or not, which are beyond the reasonable control of XXXXXX, preventing or interfering with XXXXX, preventing or interfering with XXXXX's performance."
I think that covers everything that could possibly happen! Gotta love lawyer-speak.
Here's the wording I use in my contract:
"No liability is accepted for delay, damage or failure to deliver because of circumstances beyond my control such as, but not limited to, fire, accident, weather, power failure."
There's more, but this sentence pretty much covers the provervial 'acts of god'.
Mine's pretty simple:
Uncontrollable circumstances: Gallery House nor its employees will not be liable for an act of God or other third party outside of its' control that may hinder, alter or affect the performance of services in any way. If circumstances out of our control occur, your fees will be refunded.
It was nice of you all to share your thoughts and ideas. Who would think to add such a clause. I know I didn't.
Here is my clause that has been attorney approved:
Performance of this agreement is contingent upon the ability of Cater It Simple to complete the agreement with the Client, and is subject to labor troubles, disputes or strikes; accidents; food, beverage, or other supplies/suppliers; Acts of God; and other causes beyond Cater It Simpleâs control.
Here is a definition of Act of God from a legal site:
ACT OF GOD - A natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that no one has control over, and therefore cannot be held accountable.
This phrase denotes those accidents which arise from physical causes, and which cannot be prevented.
Where the law casts a duty on a party, the performance shall be excused, if it be rendered impossible by the act of God, but where the party by his own contract engages to do an act, it is deemed to be his own fault and folly that he did not thereby provide against contingencies, and exempt himself from responsibilities in certain events and in such case, that is, in the instance of an absolute general contract the performance is not excused by an inevitable accident or other contingency, although not foreseen by, nor within the control of, the party.
Thank you everyone I appreciate your help.