Lizzo can keep $5 million fee from COVID cancelled Virgin Fest, judge rules

completemusicupdate.com:

Lizzo can keep the $5 million fee she was paid to play the 2020 LA Virgin Fest that never happened because of COVID, a judge has ruled.

This is because her agents amended her contract when she was booked fearing that the event might not go ahead even before the pandemic hit.The company that was promoting the festival that never happened, VFLA Eventco LLC, sued the touring companies of Lizzo, Ellie Goulding and Kali Uchis – and their booking agency WME – in July 2020.It argued that – based on the clause in its artist contracts dealing with what would happen in extraordinary circumstances like a pandemic, ie the good old force majeure clause – anyone booked to play should return all and any upfront fees they had received once COVID rules forced cancellation.The promoter said that other agencies had agreed the festival’s force majeure clause applied when it was COVID rules that forced the cancellation and that their artists had therefore returned any monies they had been advanced.But, it then said, WME was insisting that the clause did not apply – and that its artists therefore didn’t need to return any cash – because said artists were “otherwise ready, willing and able to perform”, even if the event itself was not going ahead.It transpires that WME took that different position to the other booking agencies because of amendments its lawyers had made to is client’s contracts with VFLA Eventco LLC, due to pre-pandemic concerns regarding whether or not the new festival would go ahead.According to Billboard, although the Virgin Group was involved in the event – with Richard Branson endorsing and promoting the project – the festival’s main backers were actually Marc and Sharon Hagle.They are a Florida-based couple who made lots.