7. FORCE MAJUERE
7.1 Force Majeure Definitions
7.1.1 For the purposes of this Contract, a Force Majeure Event means:
(i) An act of God, including but without limitation, lightning, floods of any description or origin, cyclones, epidemics, quarantines, disease, pests, blight or other biological phenomena, earthquakes, storms, tsunamis, storm surges, landslides, washouts, fires of any description or origin, or declared natural disasters; or
(ii) Strikes, lockouts, bans, go-slow actions, limitation of work or other industrial disturbances (whether involving a party’s employees) in each case not being caused or substantially contributed to by the affected party’s dealings with its employees or the employees of the affected party’s contractors; or
(iii) Acts of enemies, sabotage, wars (whether declared or undeclared), blockades, insurrections, riots, arrests, radiation, radioactive contamination, civil disturbances, civil strife, national or state emergency (whether in fact or at law), marital law, industrial accidents, power blackouts, armed robbery, bomb threats, or any explosion or other major accident; or
(iv) Action of any government or governmental authority including restraints of lawful authority, confiscation or requisitioning of materials or of any equipment or other property, expropriation, compulsory acquisition of land, restraint, prohibition, ban, intervention, requisition, requirement, discretion, injunction or embargo by legislation, regulation or other legally enforceable order.
The parties acknowledge and agree that the parties may be entering into this Contract in the midst of a word wide Covid-19 crisis in which restrictions may be implemented by the Government. The parties agree that they cannot rely upon the restrictions imposed by the Australian Government as constituting a Force Majeure Event for the purpose of this Contract.
The parties agree to comply with any Government restrictions imposed at the time of the Event Date unless we determined that it would be unreasonable for the Event to take place on the agreed date, then the parties must agree to postpone the Event Date to a mutually available date.
7.2 Force Majeure Event
If a party to this Contract considers there to be a Force Majeure Event which prevents a party or both parties from carrying out or delaying obligations under this Contract, then the parties will be relieved from the performance of their obligations under this Contract for so long as the event continues to have effect, provided that:
(i) Within 30 days after becoming aware that such event may or will prevent a party from carrying out obligations under this Contract, a party gives written notice to the other of the Force Majeure Event and an estimate of the likely delay or the other effect of the Force Majeure Event;
(ii) The parties continue to perform their other obligations under this Contract, the performance of which is not prevented or affected by the Force Majeure Event;
(iii) The parties take all reasonable steps to eliminate or reduce the effect or impact of the Force Majeure Event as quickly as possible if the effect or impact is capable of being eliminated or reduced; and
(iv) The parties must negotiate in good faith a postponement of the Event to another mutually agreed date and on mutually satisfactory terms and credit all monies already paid to the rescheduled event (and for abundant clarity, any postponement pursuant to this clause does not constitute a cancellation under clause 8).
If performance of an obligation under this Contract is suspended as a result of a Force Majeure Event for a continue period exceeding 24 months, then:
(i) The parties will have the right to terminate this Contract; and
(ii) The Client agrees that the Photographer will retain the First Payment as a genuine value of its loss and damage.