I am an "Independant Contractor" teaching private vocal lessons at a retail music store, where I rent a small studio, along with many other music teachers. I have a signed contract with them stating that I am an "Independant Contractor." I pay them studio rent by the half-hour, calculated by the number students that I teach. My students pay me on a monthly basis so I must reserve my time at the studio. My contract has a simple force majeure clause:
"Neither Party shall be liable for any damages or other losses resulting from failure to perform its obligations under this Agreement where such failure is the result of a cause beyond the Party’s reasonable control."
The music store is asking that I continue to pay rent for each student that is currently in my studio, even though I can't teach them at the studio. I am teaching them all from my home now, online at MY expense (internet, utilities and other equipment I had to purchase) during this Covid-19 crisis. How much longer do I need to pay studio rent?
Hard to say without reviewing the entire agreement. It does sound like you neither you nor landlord are required to perform when prohibited.
So ostensibly from the date the ban issued by governor went into effect until it is lifted.
But as also indicated, the landlord will not forget, and this may or may not affect you down the road. So, keep that in mind.
One thing no one really addresses on this particular forum is the fact that in business, one of the most important considerations is the business relationship. Do you want to continue that relationship? If so, then you’ll need to accommodate your landlord as much as he needs to accommodate you.
If you don’t wish to go down that road and you wish to decline to perform, you will have ended that relationship and you won’t have to start over when the dust settles. And no one seems to know when that dust is going to settle.
Your force majeure clause is worded peculiarly, and I'd need to review the entire agreement before being able to provide a meaningful response, but it SEEMS like this clause relieves you of a duty to pay rent, if that's what the contract obligates you to do, and also relieves them of reserving your times reserved, if that's what it requires.
But again, I don't know how your contract defines terms, so you really need the entire ting reviewed by your own lawyer.
