In my contract it reads "In the event that (business name) is unable to perform any of it's obligations under this Agreement due to any occurrence whether or not occasioned by the conduct of (business name), which would prevent (business name) from hosting said event, then, (business name) shall be released from any further performance under this Agreement for whatever period of time until after the occurrence is reasonably remedied. Should your event be cancelled for any of the above reasons, (business name) shall only be held responsible to refund the total amount paid by you to (business name) as of the date of cancellation or delay."
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1The sense of your question is unclear. Are you asking whether the remedy is reasonable? or are you asking whether a pandemic could be regarded as caused by the business? If the latter, why is it relevant given that the remedy is provided regardless of whether it was caused by the company? The language "reasonably remedied" in that clause refers to putting the company's obligations on hold for as long as the occurrence hinders its performance of the contract. Thus the title and the body of the question seem to be about different issues.– Iñaki ViggersJan 5, 2021 at 18:47
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2Why did you put “pandemic” in quotes? Also the question you should ask is does it prevent them from hosting the event.– DamilaJan 5, 2021 at 18:51
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1It might help to put in the jurisdiction and the type of service the buisness provides (you don't have to state the buisness name... just what the buisness does).– hszmvJan 5, 2021 at 18:54
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I am asking if the current Pandemic can be considered an occurrence not caused by the company that is prohibiting the company to host such an event and if so, because of the Pandemics rare, uncertainties, abnormal actions, state enforcements, etc., etc... not be considered "reasonable" therefore not "reasonably remedied" that would not allow the company obligations be put on hold for as long as the occurrence hinders its performance of the contract. Thus resulting in a refund due the payor.– CristinaJan 5, 2021 at 18:56
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3Why does it matter? The contract says it doesn't matter.– user253751Jan 5, 2021 at 19:26
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1 Answer
This is just saying that if they can’t host your event then the only remedy you get is your money back that your paid them (your deposit, advance payments, and of course your don’t owe final payments).
It is there to make it clear that they are not responsible of any other money. What else might the client want them to refund? Other lost expenses. Non refundable deposits to the band, the florist, the caterer if this is just for the space. The non refundable airline tickets your relatives bought. Prepaid hotel rooms. They will not pay for any of that.
The pandemic is a bit of a red herring because although that is of course the big thing now, it says any occurance whether or not the business caused it.
The answers to your specific questions though are pretty trivial. -The business did not cause the pandemic or control the state health office (Irrelevant as noted) -There is nothing they can do about it. The state or county will allow the events when the situation improves.
But even if say there was no state order but the venue for their own reasons or because they could not get enough staff cancelled, the answer would be the same.
