Expert negotiator tips for managing policy changes in uncertain times
Other than expensive, unreliable Wi-Fi, there are few things meeting professionals hate more than uncertainty. And the last few months have thrown everything from the price of eggs to the employment status of our attendees and even funding for approved budgets into chaos. One planner we talked to had nine events for federal employees cancel in one month while a new administration was confirmed. Her attorneys did not see a hand of God in the decision, so the agency was responsible for the terms of all signed contracts.
We asked experienced contract negotiators how they are negotiating today and what clauses they are asking for to protect their clients.
Redefining Force Majeure
Unless you’ve missed all the news, Diversity, Equity and Inclusion (DEI) is facing eradication on all federal fronts, which will have an adverse impact on attendance at inclusive conferences both for federal employees and for the broader conference ecosystem, said Elizabeth Caragay Watts-Russell, CEO of Site Selection Strategies.
“Reduced representation from marginalized groups, decreased support for professional development in DEI fields and the torrent of federal workforce reduction will lead to decreased attendance,” she predicted. This puts the spotlight on the force majeure clause to protect an event host from this distinct possibility.
Read More: The Diversity Among Us
Standard force majeure clauses generally include all events beyond the reasonable control of the hotel or event host, such as acts of God, war, strikes/labor disputes, disease and curtailment of transportation services that materially affect attendance.
With the current federal restrictions on DEI, negotiate additional language on the force majeure clause to also include a provision for reduced attendance due to federal regulations, she advised.
Watts-Russell suggested the following sample language:
Neither party shall be liable for failure to perform its obligations under this agreement if such failure is caused by a force majeure event, including, without limitation, any federal laws, regulations or governmental actions that result in reduced attendance, travel restrictions or other limitations that make it inadvisable, impossible, illegal and commercially impracticable to hold the event.
If attendance is significantly impacted by such events, the parties may opt for reduced or partial performance, in which case Hotel will waive attrition on guest rooms and Food & Beverage; or the termination of the entire agreement, where Hotel will not hold Event Host liable for any damages, and will refund any pre-paid fees to the Event Host within thirty days from the written notice of termination.
“Clearly, we are treading into uncharted waters and need to brace ourselves for the challenges ahead,” she said.
Control What You Can
Brittney Cobb, director of global events with INNOV8 Meetings + Events, tried to take an optimistic approach. “We made it through 2020, but the world hasn’t exactly settled down since then. From economic and political shifts to labor shortages and global events, uncertainty continues to be a reality,” she observed. “As an eternal optimist, I choose to focus on what I can control rather than dwelling on what I can’t. That’s the mindset I bring to my clients—encouraging them to move forward with confidence rather than getting stuck in fear, delaying signing on the dotted line.”
She sees her job as more than sourcing hotels. She strives to empower clients with knowledge, negotiate fiercely on their behalf and stand as their advocate—no matter what.
“Clearly, we are treading into uncharted waters and need to brace ourselves for the challenges ahead.”
– Elizabeth Caragay Watts-Russell
She advises meeting professionals to stay ahead of industry trends, global news, policies and market shifts that could impact meetings and events. She watches everything from food supply chain disruptions, new or rising hotel fees and where to get the best value for your program.
Read More: Event Contracts: What to Watch in 2025
One example she is sharing today is that the U.S. imports the majority of its farm-raised Atlantic and King Salmon from Canada. Increased tariffs could trickle down, affecting hotel catering prices, F&B minimums and ultimately, your bottom line. Knowing this in advance allows you to proactively consider alternative menu options and avoid unnecessary costs.
Cobb believes that a contract should protect both parties—but acknowledges that accepting the standard language doesn’t always meet that bar. “Let’s be honest, initial hotel contracts rarely favor the client,” she said. Some of my non-negotiable contract terms to negotiate include:
- No surprise fees – Preventing hotels from implementing additional surcharges post-signing.
- Hotel cancellation coverage – Ensuring clients aren’t left scrambling if a hotel backs out.
- Strike and labor dispute clauses – Protecting against disruptions and potential safety issues.
- More specific force majeure terms – Covering real-world scenarios, not just natural disasters.
These all have cost savings attached, but I also secure real dollar savings in areas like attrition terms and AV services—two clauses that can greatly impact your budget.
