You signed a UGC contract and filmed the content. Then a hurricane knocked out your power for two weeks, or the platform changed its submission rules overnight. What happens to your contract now? The answer depends on a single clause that most creator contracts leave out entirely: force majeure.
Force majeure is a legal term borrowed from French law, and it translates roughly to “superior force.” In contract terms, it describes events outside either party’s control that make performance impossible or impracticable. The clause exists to excuse nonperformance when those events hit, but only if the contract actually includes one. As Thomson Reuters explains, force majeure clauses have become a standard feature in many commercial contracts, yet they remain conspicuously absent from the agreements most UGC creators sign.
If your contract lacks a force majeure clause, you are left with common law doctrines like impossibility or frustration of purpose. Those doctrines set a very high bar. Courts generally require that performance become objectively impossible, not just difficult or expensive. Without an explicit clause, you have little protection.
The “Actually Prevented” Standard
Even when a force majeure clause exists, the courts read the language carefully. In Sorbo v. Universal, the court held that a force majeure provision only excuses performance when the event actually prevented the party from performing. Mere inconvenience, increased cost, or decreased profitability does not qualify. If your contract says a platform outage excuses your deadline, but you could have uploaded the video the day before, the clause will not protect you.
This standard places a burden on you as the creator. You must show a direct causal link between the event and your inability to perform. If you had time to act before the event struck, or if you could have taken alternative steps afterward, a court may find that you were not “actually prevented.” Document everything: timestamps, weather reports, platform error messages, and correspondence all matter.
The Specificity Trap
A force majeure clause is only as strong as the list of events it names. In Kel Kim Corp. v. Central Markets, the court ruled that force majeure clauses are narrowly construed and generally cover only the events specifically listed. “Acts of God” alone may not cover a pandemic, a supply chain collapse, or a platform algorithm change. If your contract lists “floods, fires, and earthquakes” but nothing about software failures or government shutdowns, those events fall outside the clause.
This is the specificity trap, and it is dangerous for creators. Your work depends on platforms, internet connectivity, and sometimes physical goods from a brand. None of those are “acts of God.” Review the list of force majeure events in any contract you sign, and request broader language where needed.
Post-COVID Drafting: What Belongs on the List
The COVID-19 pandemic reshaped how lawyers draft force majeure clauses. Before 2020, many contracts did not list pandemics or public health emergencies as force majeure events. After litigation over whether “acts of God” covered a global health crisis, most well-drafted contracts now include pandemics explicitly. Creators should follow that same logic for the risks that are unique to their work.
A strong creator-centric force majeure clause should list pandemics, platform service outages, algorithm or policy changes by the platform, supply chain interruptions, shipping delays, and natural disasters. It should also cover government actions that affect content creation or distribution. As the ICC notes in its model force majeure clauses, a well drafted provision should describe the triggering events with enough specificity to avoid the Kel Kim problem while remaining broad enough to cover unforeseen circumstances.
Force Majeure vs. Kill Fee: Who Gets Paid?
One of the most common questions creators ask is whether a force majeure event means they lose their fee. If you already filmed, edited, and delivered the content, the brand received value. A force majeure clause should not void the obligation to pay for work already completed. That distinction matters, and it is one reason creators should read the clause carefully before signing.
Some contracts tie force majeure to the kill fee clause. If a brand cancels a campaign under a force majeure claim, the question is whether you still receive a partial payment for work done. A properly structured kill fee clause can protect your income even when the project cannot move forward. Negotiate for language that separates the excuse for nonperformance from the obligation to pay for completed work.
Notification and Mitigation Obligations
Force majeure clauses typically include two duties that creators must take seriously. The first is a notification obligation. You must inform the brand within a specified window, often 24 to 72 hours, that a force majeure event has occurred. If you miss that window, you may waive your right to claim the clause, so set calendar reminders and do not assume the brand knows what happened.
The second is a duty to mitigate. You must take reasonable steps to minimize the impact of the event and resume performance as soon as possible. If you lost power for three days, you should show that you tried alternative locations, backup equipment, or adjusted deadlines. A court or arbitrator will look at whether you acted reasonably under the circumstances, not just whether an event occurred.
The Three-Part Test
When a force majeure dispute ends up before a judge, the court asks three questions: is the event listed in the clause, was it unforeseeable at signing, and did it directly cause the nonperformance? All three conditions must be met. The burden is on you as the creator to prove each element with evidence.
A general statement that “things got complicated” will not survive scrutiny. Keep records of the event, the timeline, and your efforts to perform. Build a case that satisfies all three prongs of the test.
Check Your Contract Today
Force majeure is one of the most overlooked clauses in creator contracts, but it is also one of the most important. A single unexpected event can unravel an entire campaign. Without a properly drafted clause, you have no contractual protection. With one, you have a clear path forward: notification, mitigation, and a defined outcome for your payment and deadlines.
Review the force majeure clause in your next UGC contract before you sign. Pair it with a strong termination clause and a clear kill fee provision to build a contract that protects you when the unexpected happens. Your future self will thank you for it.
