Anthony J. Dreyer At the beginning of March, we published an in-depth guide on what event organizers need to know about COVID-19. Law § 23.08. Switching to a streaming or virtual event can be effective, but going digital brings an entirely different set of rules. Employ pros who have assembled successful streaming events—even if they are from a sector that differs from yours—so you can tap into their insights on what works best across a variety of platforms. Identify any notice requirements and be aware of any notice deadlines; Review relevant ticket refund statutes and consider practical implications of offering refunds to ticket purchasers if rescheduling is not possible; Consider alternatives, including holding a virtual event if possible; For parties that cannot perform, document all efforts made to hold the event as scheduled and all factors precluding performance; and. Such considerations may be more difficult with multiyear agreements, particularly those for which there already has been substantial performance. See Kel Kim Corp., 519 N.E.2d at 296. Coronavirus. Karen M. Lent. Admittedly, an in-person event has its advantages. Posted on 03/16/20 We’re writing with an important message to let you know that we have canceled our external events until further notice. “Let them know that you plan to reschedule and work with them when you do." Such agreements may include lease agreements, sponsorship agreements, ticket agreements, ticketbacks or other related commercial contracts. The Greater Eagle Fire Protection District had their usual safely protocols in place and were prepared to support this event. A + E Television Networks, LLC v. Wish Factory Inc., No. whether performance would truly be unfeasible or illegal, rather than simply inconvenient or more costly. Finally, companies and event organizers should prepare themselves for potential litigation arising out of the postponement, rescheduling and cancellation of events, particularly with respect to whether COVID-19 constitutes a force majeure event or otherwise makes holding the event impossible and/or frustrates the purpose of the event. Is this wave of cancellations justified or is it just an overreaction? For the parties to postpone or cancel an event based on frustration of purpose, New York courts have found that there must be a “cataclysmic, wholly unforeseeable event” that renders the contract “valueless” to one of the parties. Now, not only large-scale consumer events like SXSW, E3 and Coachella have cancelled or postponed programming, but major league sports have delayed the remainder or start of seasons, world-renowned universities have moved classes online, and the all-encompassing NCAA March Madness basketball tournament has succumbed to the cancel culture and uncharted territory known as … In this case, the event organisers don't necessarily have to provide you with a refund. Indeed, a putative class action suit was filed in California against Do Lab, Inc. (DLI), the organizers of the annual Lightning in a Bottle music festival, which was postponed (and potentially canceled) due to the COVID-19 outbreak. While convening events is a core part of our mission, we have changed our approach in light of the coronavirus (COVID-19) outbreak. Event Contract Cancellation in the Time of COVID-19 Force majeure and other important considerations for nonprofits. This event has been a long-standing tradition for Eagle and our residents. COVID-19 Event Cancellation Template Dear Participant, The (Name of the Organization) has been closely following the news surrounding COVID-19 and its related public health concerns. While virtual events require additional expertise, "there are lots of ways to make the experience interactive and ensure that it resonates," Goldberg said. In the weeks leading up to the cancellation decision, the IHA Board of Directors and IHA staff watched the situation closely and listened to our industry’s constituents – members, exhibitors, retailers, distributors, reps and consultants. 1 See N.Y. Arts & Cult. “We appreciate that the cancellation of the Regatta will come as a huge disappointment to many involved in the sport of rowing, especially those whose seasons had been planned around Henley, and particularly given that event after event has been cancelled already this year. ... (COVID-19) … Several states have statutes that specifically address ticket refund obligations, including New York: Event organizers should keep in mind that even absent a statutory refund requirement, an organization’s failure to provide a refund, credit or replacement event of comparable value could be challenged as a violation of a state’s consumer protection law or as a breach of contract under common law. They could raise funds vi… Coverage for communicable disease outbreaks, such as a coronavirus, is typically not included in a standard event cancellation insurance policy. It’s not only attendees who need TLC when an event is cancelled. We have to go back to the 2009 credit crunch to find such a potent wave of cancellations. You're entitled to a refund if an event is cancelled – unless the government has ordered the cancellation (or a ban on large gatherings) due to COVID-19. The United Nations has canceled hundreds of human rights events because of coronavirus concerns in accord with the Swiss government’s decision to ban all public gatherings of more than 1,000 people. Julie Bédard In New York, a coronavirus hotbed, Jazz at Lincoln Center cancelled the next month of its season, but will take its annual gala online. The COVID-19 pandemic has caused many events around the world to be cancelled or postponed due to a country's government imposed restrictions of large gatherings. To safeguard against COVID-19, and the spread of the 2019 novel coronavirus, many other MIT events have been modified both on campus and elsewhere, with increased opportunities offered for livestreaming. virtual events require additional expertise, "there are lots of ways to make the experience interactive and ensure that it resonates," Goldberg said. The loss of income from a cancellation can be stressful. New York law provides that ticket purchasers are entitled to a refund if the event is canceled or rescheduled. We are very disappointed that we are unable to hold this event for our fans and supporters. First and foremost, the parties should identify whether the agreements have force majeure or excuse of performance provisions. Your Letter Should Have a Heading. Parties facing nonperformance (or delayed performance) by the other side must decide whether to treat that nonperformance as a material breach and terminate the agreement, or to continue to perform and preserve a damages claim for the delay or nonperformance. This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. During 9/11, the message was “the situation will get better - but right now, we're in this together,” Goldberg said. While coronavirus is new, PR pros can approach it similarly to crisis communication strategy, placing humanity at the core, she said. 15-CV-1189 (DAB), 2016 WL 8136110, at *12 (S.D.N.Y. If you are like many of our MobileCause nonprofit clients, your spring fundraising event planning was going great. “During 9/11 there were a great number of cancellations and launches put on hold. As Coronavirus (COVID-19) impacts how people gather around the world, this isn’t business as usual. … For other events, the expenses incurred during planning cannot be fully recouped in the case of cancellation. Some are sending audiences digital or in-mail care packages and/or donating to relief funds, she added. Letter regarding cancellation of Friday classes and undergraduate move out by March 15 ... With the declaration of a state of emergency by the Commonwealth of Massachusetts and the doubling of Covid-19 cases in the Greater Boston area, the Institute is increasingly concerned for the safety of the community and is therefore taking extraordinary steps. Coronavirus (COVID-19): Cancellation and refund updates The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. A refund is also not required if the back of the ticket conspicuously states that if the performance is canceled or rescheduled, the ticket purchaser will have the right, within 12 months of the originally scheduled event, to attend the rescheduled event or to exchange the ticket for a comparable ticket to a similar event. However, both doctrines have been narrowly construed in many jurisdictions, including New York. Companies must also assess various practical considerations, including whether the event can be held virtually, or without attendees, and whether the event organizer has insurance that would cover any potential liability for postponement, rescheduling or cancellation. Now, not only large-scale consumer events like SXSW, E3 and Coachella have cancelled or postponed programming, but major league sports have delayed the remainder or start of seasons, world-renowned universities have moved classes online, and the all-encompassing NCAA March Madness basketball tournament has succumbed to the cancel culture and uncharted territory known as coronavirus. However, there is reasonable concern that timeframe may be extended. The 2020 Summer Olympics in Tokyo have been postponed until 2021following weeks of speculation over whether the games would go ahead as scheduled amid the coronavirus pandemic. How to Handle an Event Cancellation during the COVID-19 Pandemic. Throughout the entire country there is a very real and intense effort to stem the spread of the coronavirus (COVID-19). Connect with fundraising participants for the live events and ask if they’d agree to hold the event online and fundraise digitally on behalf of your organization. Still, “We live at a time when TED Talks flourish online and esports rapidly are becoming a staple" for some, Goldberg said. The safety of attendees, pets, and crew must always come first. Going digital may be a huge opportunity for companies that don't want to fully postpone or cancel an event. “Think of [internal] messaging as potential press messaging. Event organizers and other companies involved in events that already have been, or potentially will be, affected by COVID-19 should consider the following checklist before deciding to postpone, reschedule or cancel an event: In the coming months, events inevitably will continue to be postponed, rescheduled or canceled due to COVID-19. The Centers for Disease Control and Prevention is recommending that large events and gatherings of 50 or more people, scheduled within the next eight weeks, be canceled or postponed. Consider whether the event can be rescheduled, and if so, whether doing so constitutes a breach/material breach; Review any relevant agreements, and identify and review. “And, while the prospect of quarantine looms large, knowing how the brand can assist" is important—"whether it’s an airline that needs to communicate about cancellation policies or a movie studio that may be postponing the premiere of a new blockbuster, but does have a slate of films available for streaming. “Any [internal] messaging—whether an email or text—could end up...in the media,” Goldberg said. Baldwin, How Being in PR Helped Me Plan a Wedding During COVID, Tips for Avoiding Online Blowback During the Holidays, Simple Tips for Brands to Gain Audacious TikTok Success, Three Keys to Effective Communication Amid ‘The Great Restart’, Two Words Can Boost the Response Rate of Media Pitches, 5 Trends That Defined Social Media Communications in 2020, Paging Boston Market: When a Company Goes MIA During a Crisis, PRNEWS Announces Honorees for Top Women in PR, Write the Right Way: 5 Style Differences in Chicago Manual vs. AP, Senior Manager, Brand Communications & PR. ", may be a huge opportunity for companies that don't want to fully postpone or cancel an event. Event postponements and cancellations due to the COVID-19 pandemic raise a host of commercial concerns, including whether performance may be excused under a force majeure provision or a common law doctrine, such as impossibility or frustration of purpose; the extent of each party’s insurance coverage; and whether the event organizer must provide refunds to ticket purchasers. This is an outside, open-air event where we currently have two ice rinks for the public to enjoy. See, e.g., Kel Kim Corp. v. Cent. Here’s an event cancellation email sample to get you started: This message is to inform you that this year’s Corgi Festival has unfortunately been cancelled, due to severe weather and a high likelihood of lightning in the area. A good tip, Goldberg said, is to "force yourself to take a breath" before you send internal communications and think about how a reporter might view it. In this guide we covered how event organizers can and have adapted their event strategies to COVID-19. Such agreements may include lease agreements, sponsorship agreements, ticket agreements, ticketbacks or other related commercial contracts. [We continually acknowledged]...that things (would) change, and settle down to a new normal.”. “Any [internal] messaging—whether an email or text—could end up...in the media,” Goldberg said. "An understanding that a re-engagement is on the docket is at least a little reassuring.”, Several PR pros mentioned that internal communication is a misnomer. “People want to know what measures you are taking to keep them safe, as well as the people who work for you,” Goldberg said. Last week was one that the event industry will remember for a while. Webinar Recap: Communicating Diversity, Equality and Inclusion Efforts with Employees, Tips for Health Care Providers on Communicating During COVID-19, Communicating to Children About Coronavirus, Tips for Communicating Layoffs During The Pandemic, Crisis Management Tips for Hilaria (Hillary?) AARP Colorado event cancellation notice due to Coronavirus. If the relevant agreement contains a force majeure provision, the parties should take into account the following considerations: If an agreement does not contain a force majeure provision but the parties are contemplating postponement or cancellation, the doctrines of impossibility or frustration of purpose may allow the parties to do so without breaching the agreement. Going forward, organizations also should strongly consider including viruses, epidemics and pandemics in the list of force majeure events in all agreements. Postpone the physical event until COVID-19 has been contained and no longer poses the threat of a pandemic. The ability to freely move about the world as we knew it has drastically changed. Vendors, employees and outlying partners should be contacted and informed about what's next. Parties should consider whether delayed performance (i.e., rescheduling the event) is permitted under the relevant agreement, or whether it constitutes a breach, or even a material breach. In light of the arrival of COVID-19 in Utah and Gov. Even as government regulations are gradually lifted in the coming months, many public events may be negatively affected by COVID-19, as attendees still may be reluctant to attend large gatherings. Event cancellation email template for registrants Dear [registrant’s name], We feel that it is our responsibility to help flatten the coronavirus curve and keep you safe. Under California law, however, the frustration of purpose defense may be available even if a party’s performance is not impossible — a party may assert the defense if its performance becomes significantly more onerous due to the intervening event. 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