It’s SO Unfair!

What would you do when faced with not being able to present due to an Act of God

What happens when an Act of God prevents us from turning up to speak, and how can we best manage the issue of payments and refunds so that the client is happy and so is the speaker.  This is an entertaining tale from UK speaker John Hotowka, who found himself stranded recently.

As I stood there looking at the frozen solid, frostbitten banana in my hand I felt both grateful at my good fortune and annoyed at the fact I’d let a client down.  Once I was safe I’d have to decide what would be the fairest thing to do.  What would you do? 

The plan: On the Friday I travel from Bradford where I live (I didn’t do anything wrong, I just live there) to Twyford to celebrate a friend’s birthday that evening.  Next day, a leisurely 65 mile journey to Whittlebury for a paid job that night at a dinner, then home.

What could possibly go wrong?

In a word ‘snow’.

It’s Saturday, 18th December 2010.  I set off from Twyford to Whittlebury at 10.47 am and don’t arrive home in Bradford until 12.39 pm… the following day, and I don’t even make it to the gig.  Driving conditions were so treacherous the 206 mile journey takes me 25 hours 52 minutes.  I’m seriously considering writing to the ‘Guinness Book of Records’ to see if I qualify for an entry.

It takes me about 8 hours to travel about 40 miles to Bicester, the last 25 mile stretch of road is impassable.  At 7.06 pm, after many calls keeping the client informed, I finally call to tell her I’m not going to make it to the event (about half the guests don’t make it either) and decide to find a hotel for the night.  I turn to a local petrol station for ideas and I’m told that even though all the hotels are full to try The Littlebury Hotel.

There I am at reception, it’s the Saturday before Christmas and even though I have no wife, new born baby, donkey or wise men following me, there’s still no room at the inn.  Because of the adverse weather the manager offers me (not a barn and hay but) a pillow, blanket and his ballroom floor to sleep on overnight… no charge.  I accept.

That night he has about 60 other people sleeping on the ballroom floor, reception floor and corridors of the hotel.

The following morning in my car is a banana I bought fresh the day before.  It was frozen solid and badly bruised with the frost.  So who knows what would have happened to me that night if I’d slept in the car.  I felt so grateful at my good fortune, and yet was annoyed I’d let a client down.

The journey home is uneventful and, thankfully, I arrive safely.

So, my dear reader, what would you do?  I’ve already been paid in advance.  It’s unfair for me to keep the money as I didn’t deliver what I was contracted to do.  I feel it’s unfair for me not to be paid considering the expense and effort on my part.  Being a Yorkshire man I break out into a cold sweat at the mere thought of returning any amount of money.

Joking apart, neither party is liable.  It is, after all, ‘an act of God’. 

After speaking to the client we decide I keep the money and as they’re having another event within a couple of months I do it at no extra cost.  The date is in the diary and everyone is happy.

But what is the professional thing to do?  I’ve spoken to several speakers and advice varies. 

One solution is to have in our ‘Terms and Conditions’ what I believe is called a ‘Force Majeure’ clause, which states we can’t be held liable for the consequences of a delay in providing services where the delay is outside our control.  It can also suggest within a ‘reasonable’ amount of time we reschedule.  Whatever happens, we get paid. 

Another solution is to take it on the chin and return the money or not accept payment.

After careful consideration, I’ve chosen the latter.  Nothing wrong with a ‘Force Majeure’ clause it’s just what I believe to be right for me at the moment, although I may change my mind at some point.

My current contract has a ‘Non Appearance’ clause due to accident or illness but not ‘Force Majeure’.  Simply put, no show no pay.  I’m not qualified in legal matters and if you want a water-tight contract I suggest you seek legal advice, ultimately it’s your choice do what’s right for you.
As for the banana, it was cremated three days later and its ashes scattered over a Fyffes delivery van… the driver was livid.

Based in the UK, John Hotowka - ‘The Laughter Dinner Speaker®’ is a business and motivational speaker and magician.
John helps organisations deal with change through very funny and participative keynote presentations that also raise the morale of employees.

This article first appeared in a recent edition of Speakeasy Magazine - Speakeasy is produced by the Professional Speakers Association for speakers and those involved with the speaking industry. We have readers throughout the world; the publication circulates to an audience of more than 6,000 individuals and is published six times each year.