When doing business in hostile environments, security firms, media companies, NGOs and other organizations face many complex risks. A key to protecting their liabilities, including their duty of care responsibilities to employees, is avoiding dangerous and restrictive stipulations in contracts.
One-sided contractual agreements will result in an expansion of liability exposure beyond an organization’s own responsibilities and often control. Among the many important contractual provisions to consider when contracting for services in hostile environments, these five provisions must be considered carefully:
1. Obligations and Responsibilities–Any contract should clearly describe the obligations of the contracting parties.
2. Force Majeure–When appropriately worded, a force majeure (Act of God) clause will help protect you from liability arising out of your failure to perform an obligation as a result of the occurrence of an unexpected event outside of your control.
3. Assignment of Liability–Given the challenging nature of performing services in hostile environments, the liability arrangement should be a central feature of your contract.
4. Insurance —With risks and liabilities defined, you will need to cover them with the right kind of insurance.
5. Compliance with law—Consider all laws, rules and regulations that apply to you carrying out your contract and encourage your counterparty to do the same.
Contracting for services in hostile environments requires diligence, planning and specific language. The experts at HELP can best assist you in navigating these complex contracts. Contact us at email@example.com today to discuss your needs.