What is Force Majeure?
Force majeure is a contract clause that frees both parties from liability when an extraordinary event prevents performance. Learn how it works in freelance contracts and invoicing situations.
What Is Force Majeure?
Force majeure (French for "superior force") is a contract clause that frees one or both parties from performing their obligations when an extraordinary, unforeseeable event beyond their control makes performance impossible or impractical. Think of it as a "nothing I could do" clause. If your client hired you to design a website and a hurricane destroys your office and equipment, force majeure protects you from being sued for non-delivery. If a client's entire industry shuts down due to government mandate, force majeure may excuse their payment obligations temporarily. Force majeure is not an excuse for mild inconvenience. It applies only to truly extraordinary events — the kind that would make performance impossible for anyone, not just you.
How Force Majeure Works in Freelance Contracts
A typical force majeure clause in a freelance contract looks like this: > "Neither party shall be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from Force Majeure Events, including but not limited to: acts of God, natural disasters, war, terrorism, pandemic, government action, or infrastructure failure." - Financial hardship or inability to pay (unless extreme) - Your own equipment failure (that's your problem) - Market changes or economic downturns - Employee illness (unless it's a widespread pandemic) - Vendor failures (unless the vendor itself is affected by a force majeure event) Key Elements for a Valid Force Majeure Claim 1. The event must be truly unforeseeable at contract signing 2. The event must be outside both parties' control 3. The event must genuinely prevent performance (not just make it harder) 4. The affected party must notify the other party promptly 5. The affected party must attempt to mitigate (find workarounds)
Force Majeure and Invoicing
Force majeure affects invoicing in two primary scenarios: 1. Non-Delivery and Payment If a force majeure event prevents you from delivering work, you generally cannot invoice for work not completed. However, if you've completed part of the work, you may have grounds to invoice for that portion. Example: A wedding photographer has photographed 3 of 5 scheduled wedding events when a hurricane destroys their camera equipment. They can invoice for the 3 completed events — those were delivered before the force majeure event. 2. Retainer Agreements Under Force Majeure If you're on a retainer agreement and a force majeure event occurs, the clause typically either: - Pauses the retainer temporarily until the event resolves - Allows either party to terminate with notice - Redistributes workload or deliverables
Real-World Example
Scenario: A freelance illustrator is contracted to create 20 custom graphics for a marketing campaign over 4 months. Two months in, a cyberattack targets their computer, destroying all files and corrupting their backup drives. Recovery takes 6 weeks. Force majeure analysis: - Cyberattack: likely qualifies if the contract language is broad enough - The illustrator notified the client immediately - They offered to recreate completed work from memory/sketches (mitigation) - The client ultimately accepts a partial delivery and credits the rest Without a force majeure clause, the illustrator could face a breach of contract lawsuit for the incomplete delivery.
Drafting Force Majeure for Freelancers
If you're writing your own contract, include a force majeure clause that: 1. Lists specific events relevant to your industry 2. Specifies the notification requirement (within X days of the event) 3. Addresses partial performance (can you invoice for work completed?) 4. Includes a termination right if the event persists beyond X days
The Bottom Line
Force majeure is your contract's emergency brake — it exists for when the unforeseeable happens. Every freelance contract should have one. Understand what it covers, what it doesn't, and how it affects your right to invoice when disaster strikes. (Use our free contract templates →) (Protect your business legally →) (Set clear payment terms →) Key Takeaways: 1. Force majeure frees parties from contract obligations when extraordinary events occur 2. It only applies to truly unforeseeable, uncontrollable events 3. Both parties must be notified promptly when a force majeure event occurs 4. You can typically only invoice for work completed before the force majeure event 5. Every freelance contract should include a force majeure clause Protect your business with solid contracts — Try Eonebill Free Eonebill's contract tools help you set clear expectations, payment terms, and force majeure protections — so you're covered when the unexpected happens. View Pricing → | Glossary Home → | Home →