139: Is Your COVID Clause Up To Date? Find Out Here

The Legal Paige® Podcast

When it comes to the Covid-19 pandemic, we’ve come a long way since March 2020. National shutdowns and event restrictions are seemingly over (knock on wood) and many business owners are wondering whether they still need to address Covid-19 within their contracts.

The short answer? Yes.

The Covid-19 virus is still an issue, people are getting sick with new variants, and the CDC has kept quarantine measures in place for those that test positive. By no means is Covid-19 obsolete – but it also looks a lot different than it did three years ago. Many people are vaccinated, stores and businesses are fully open, events are happening on schedule, and the scary part of the pandemic seems to be behind us. With all that in mind, it’s important to review your business’ Covid-19 policies and adjust them to align with the times.

In Episode 139 of The Legal Paige Podcast, I stay at the forefront of the pandemic and share my legal perspective on how to keep your business legit and protected with the ever-changing nature of Covid-19. It has been a long three years since this virus appeared and it’s important to adapt your policies to protect yourself and your assets as the world adapts to the new normal. Covid-19 is here to stay but that doesn't mean you should be losing money or compromising your policies indefinitely. Here are a few important things to consider:

COVID-19 POSTPONEMENT + CANCELLATION CLAUSES ARE A THING OF THE PAST

At the beginning of the pandemic, many entrepreneurs added our Covid-19 Postponement & Cancellation Clause to their contract. From March-December 2020, that was100% appropriate as new clients were trying to book and wanted a little ‘pressure release’ on rescheduling in case of issues with hosting their wedding/event due to Covid.

Now, as Covid-19 has become a permanent fixture in today’s world, entrepreneurs have to make hard business rules surrounding their rescheduling and cancellation policies. More and more people in the event and wedding industry are NOT allowing clients to reschedule or cancel anymore due to Covid-19. This is because if clients are choosing to plan an event right now, they are accepting the risk that Covid poses and choose voluntarily to proceed with those planning risks. Not to mention, if you are willing to block out dates on your calendar and say no to other clients; you cannot afford to allow unending reschedules or cancellations forever.

Ultimately, it makes sense for business owners to no longer give this “pressure release valve” or “open-ended rescheduling opportunity” to their clients. In fact, this is what I recommend as we move into the foreseeable future.

AN ACKNOWLEDGEMENT OF COVID-19 AND NO RESCHEDULING CLAUSE IS THE WAY TO GO MOVING FORWARD

The Acknowledgement of Covid-19 and No Rescheduling Clause is a resource that still deserves a spot in your contract. This clause will help you communicate to your clients that you DON’T allow rescheduling due to Covid and that you have business policies in place that will apply if they try to change their date due to fear of Covid (i.e. rescheduling fees should apply!)

This clause also outlines that you will continue to perform your services for their wedding/event as long as you are legally able to do so (aka as long as there isn’t a stay-at-home order in place, you contract Covid, or you have been deemed a “close contact” with someone who tested positive and is supposed to quarantine for the health and safety of others). Thus, as long as you can operate your business and do what you are contracted to do for your clients, you will continue to do so and maintain the utmost safety and healt