Many thanks to the reader who sent in the following force majeure clause, drafted for one of the largest companies in the world:

     

Our source, who works at the company (so we haven't named it), says that these clauses regularly crop up in agreements that he reviews. Apparently his sales teams "who negotiate contract terms (with assistance from legal) apparently run a book to see who can get the most outrageous things in the Ts&Cs". They're currently trying to get an alien invasion clause into a £400m deal.


  How it might look

Please send in any similar examples of outstanding drafting you've come across to the usual address.

Tip Off ROF

Comments

Anonymous 04 April 14 15:32

However the drafting seems to be wrong. It is missing "women after "...limited to" and before "...women".

Anonymous 04 April 14 15:36

It's quite a badly drafted clause, actually. "including but not limited to...their sexual orientation"? That makes no sense.

Anonymous 09 April 14 17:23

'Apparently his sales teams "who negotiate contract terms (with assistance from legal)..."'
Quite clear that the addition has been made by the sales team, not legal. Hence to poor draftsmanship.
Attention to detail please.
ROF: 'force majeure' misspelled in first sentence.

Anonymous 10 April 14 13:10

"irrespective of their sexual orientation" - why does RoF call this a "gay zombie invasion"?

Anonymous 22 August 14 19:06

I agree wholeheartedly with the above comment which, quite correctly, criticizes the quality of the zombie related drafting. I would suggest that evern the additional language (irrespective of sexual orientation) is unnecessary. A zombie is a zombie is a zombie. As always, I think the message here is that if you are going to let business folk do the drafting, they absolutely have to have it reviewed by legal before sending out.