Conference News May 2020 | Page 23

POLICY SMART Claire Freeman, senior associate at law firm Clifford Chance, reveals to Martin Fullard what contract and insurance matters eventprofs should be familiar with in the future after Covid-19 he Covid-19 pandemic has shone a spotlight on event contracts and insurance. There is no denying that the current situation is a once-in-a-lifetime event, and that it may not happen again for a lifetime. But that is little recompense to event organisers around the world, as all events have been cancelled or postponed, and many have not had insurance coverage for the communicable disease at the centre of it. On 26 March, the Event Marketing Association (EMA) ran an online panel discussion, which I was privileged to moderate. On the panel was Claire Freeman, senior associate at law firm Clifford Chance, and an expert on contractual and insurance matters for the events industry, and someone who I imagine has been very busy over the last two 23 months. Freeman said that Covid-19 has changed the way the industry will approach contracts, and that already people are looking at how clauses will be reviewed. “Back in February we started seeing the first event cancellations and postponements, and at that time it wasn’t quite clear just how severe the outbreak was,” Freeman noted during the panel. She added: “Government action around the world has seen all events forced to cancel or postpone, and now people are looking forwards to future events while keeping them under review as there remains uncertainties. This means that new wording is being added into contracts to allow for risk allocation between parties in the event this continues for longer than we expect, and future events find themselves cancelled or postponed. “We have shifted from uncertainty of whether or not we should be cancelling or postponing events, to getting through this www.conference-news.co.uk Insurance and maintaining relationships.” We do not know when events will return, but it is possible that Q3 and Q4 in 2020 will be busy. How is this likely to impact contracts, I asked Freeman? “People are expressly addressing Covid-19 or its successors in new contracts,” Freeman replied. “Specifically, this covers whether fees will be repaid, or credit will be provided if an event is subsequently impacted as a result of the outbreak. “It is very much a commercial agreement between you, the client, and the supplier. Everyone is in this together and it requires a common solution.” What you need to know On behalf of Clifford Chance, Freeman shared with Conference News what you should know when it comes to contracts and insurance for events. When faced with the possibility of cancellation or postponement, there are two crucial questions you must ask yourself from the legal perspective: