To that end there may be available seldom used legal doctrines called “impossibility of performance” and “frustration of purpose” to support clubs facing seemingly insurmountable challenges
“Frustration of purpose” occurs when the parties reasonably can expect and anticipate that events in the future will continue to be the same as when they made the contract. For example, an event that involves hundreds of people who have to travel to a distant place would not be able to do so if planes and trains were not running.
But these doctrines may be applicable to leases with landlords, leases with equipment vendors, and other types of contracts. When events such as the current pandemic occur, depending on all of the facts, there may be an opportunity to engage in discussions leading to modifications of the contract. For more information on “Impossibility of performance” and “frustration of purpose”, contact us at Bobby@activeentities.com or Rich@activeentities.com.