Beyond Force Majeure: Legal Trends in a Post-Pandemic World

Issues to consider when putting together your latest meetings contracts.

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Jill Blood will be speaking on "Getting to Yes in Planner-Supplier Negotiations" at Northstar's hosted-buyer event for planners placing meetings for 100 people or fewer, Small & Boutique Meetings – Fall at the Wyndham Grand Westward Look Nov. 7-9.

It’s not your imagination. In the past few years, it’s gotten harder than ever to navigate contract negotiations and legal issues. For the events industry, the pandemic came with painful lessons, and everyone felt the pain of cancellations, postponements and force majeure negotiations. As a result, organizations and suppliers (and their lawyers!) are more aware than ever of the potential risks associated with hosting events.

This knowledge has impacted how organizations approach every stage of meeting planning, design and execution. To add even more complexity, planners are also having to navigate new technologies, laws and regulations. Here are some of the trends that are having an impact on the industry.

Locking down data privacy and security

In 2018, the European Union adopted the General Data Protection Regulation to protect consumer data and privacy. Two years later, in 2020, California implemented its own regulation, the California Consumer Privacy Act. Since then, ten more states have followed California’s lead and adopted their own laws, with more expected to follow in the coming years. For event planners, that means privacy and information security must be addressed in every contract, ensuring that attendee data is protected and handled in compliance with the laws. It also means that it’s more important than ever to be transparent and responsible in how data is handled throughout the event lifecycle.

Dealing with emerging technologies

As new technologies like generative AI have entered the market, they’ve brought a wealth of opportunities to use technology and data to drive efficiencies and design better meetings experiences. They’ve also brought a slew of new complex legal, financial and regulatory issues to consider.

Does that mean that planners shouldn’t take advantage of these exciting new technologies in planning, designing, and executing events? Absolutely not, but it does mean that it’s important to engage a cross-functional team of advisors who can help navigate the complex, legal, privacy, information security, intellectual property, brand and financial issues raised by each new tech. It’s also critical to ensure that you’re taking attendee comfort, privacy and expectations into account in when and how these new technologies are used. Often, the “right” thing to do from a legal standpoint is aligned with what makes attendees feel safe and respected. As an industry built on trust and guest care, it’s already in our DNA to ask ourselves, “does this feel good for the guest?”

Taking social and political issues into consideration

As the country becomes increasingly divided politically, and organizations continue to focus on diversity, equity and Inclusion, planners sometimes find themselves navigating how to host meetings in locations where the political climate is at odds with their organization’s values or attendees’ sense of safety and belonging. It’s important to note that while these issues might be central to an organization’s values, in most cases a cancellation due to political, social or moral concerns will not be considered a force majeure matter, so organizations could face penalties and (in some cases) full cancellation fees for pulling out of events. 

If your organization is considering not booking a destination due to a concern with state-driven legislation, or if you are considering canceling a meeting that has already been booked, be sure to have carefully crafted communication plan with all stakeholders in place. If an organization is not ready to take a public stance on the topic, careful communication with your stakeholders and suppliers is key. It’s also important to remember that in most cases, venues and convention and visitor bureaus have little or no control over local politics or what legislators do. They employ people of all backgrounds, some of whom are impacted by the legislation in question. Rather than canceling, many organizations are exploring other ways to promote their values and support local communities.

Handling sustainability


As organizations increase their focus on sustainability and pledge to reduce their carbon footprints, in many instances, they’re expecting those priorities to be reflected in their events. While many organizations are still in the early stages of gathering data and building metrics around the environmental impact of business travel and events, we expect to see more robust targets and commitments built into contracts in the future. In rare cases, organizations are seeking to impose penalties for failing to meet certain sustainability metrics or to cancel meetings that do not align with sustainability targets. The future might involve budgeting carbon the same way you budget finances. 

Jill Joerling Blood is lead legal counsel for Maritz Global Events and also serves as the privacy and compliance officer for Maritz Holdings.