Appeals court backs Lizzo over $5m festival fee
A US appeals court has upheld a ruling that Lizzo can keep her US$5 million booking fee for a cancelled 2020 festival in Los Angeles.
Promoter VFLA Eventco LLC filed a lawsuit against WME in July 2020, as well as artists Lizzo, Ellie Goulding and Kali Uchis, saying the parties had agreed to return monies they had been advanced in the event of cancellation of Virgin Fest due to “an uncontrollable factor”.
The acts had been scheduled to play the debut edition – which was funded by commercial real estate magnates Marc and Sharon Hagle, and run by Jason Felts, CEO of the Virgin Group’s festival arm – at the Banc of California Stadium (22,000-cap.) and Exposition Park in LA on 6-7 June 2020, before it was axed due to the pandemic.
WME insisted that Lizzo be paid 100% of the fee prior to the festival announcing her as a headliner and that Uchis and Goulding be paid 50% upon signing and the remaining 50% paid 90 days prior to their performances, emails produced for the lawsuit showed.
“As a result of the Covid-19 pandemic and in compliance with the government restrictions meant to mitigate the pandemic, VFLA cancelled the festival and demanded the return of the deposits from WME, who negotiated the performance contracts and held the deposits as the artists’ agent,” reads the court filing.
“VFLA claimed its right to the deposits under the force majeure provision in the parties’ performance contracts, which determined the parties’ rights to the deposits in the event of a force majeure cancellation. The artists refused VFLA’s demand, claiming VFLA bore the risk of a cancellation due to the pandemic.”
“Since VFLA conceded that, if the artists prevailed, WME should prevail as well, we affirm the judgement in its entirety”
VFLA sued the acts for breach of contract and breach of the implied covenant of good faith and fair dealing, plus WME for conversion, money had and received, unfair business practices and declaratory relief.
Following an initial two-year legal battle, LA Superior Court judge Mark Epstein ruled in September 2022 that clauses added by attorneys for WME to its clients’ performance contracts shifted the financial risk of cancellation onto the festival. That ruling has now been backed by a California court of appeal.
“The trial court granted summary judgement in favour of the artists and WME, finding VFLA bore the risk of the festival’s cancellation, and that WME could not be held liable as an agent for the actions of its principals,” it concludes.
“We hold the trial court properly granted summary judgement in favour of the artists and WME. The force majeure provision is not reasonably susceptible to VFLA’s interpretation, and, in any event, the parol evidence favours the artists.
“Further, we also hold the artists’ interpretation does not work an invalid forfeiture or make the performance contracts unlawful. Since VFLA conceded that, if the artists prevailed, WME should prevail as well, we affirm the judgement in its entirety.”
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Judge rejects Lizzo’s request to dismiss lawsuit
A Los Angeles judge has denied Lizzo’s request to have a lawsuit filed by three of her former dancers thrown out.
The US singer and her Big Grrrl touring company face a series of allegations from dancers Crystal Williams, Arianna Davis and Noelle Rodriguez, dating between 2021 and 2023.
The lawsuit, filed in Los Angeles County Superior Court in August, accuses Lizzo (real name Melissa Jefferson) of creating a hostile work environment in addition to allegations of religious and racial harassment, disability discrimination, assault and false imprisonment.
Lizzo described the suit as a “fabricated sob story” and filed her own motion asking the court to dismiss it under the anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, which allows defendants to quickly dismiss meritless suits that threaten their right to free speech.
In a 34-page ruling, Judge Mark H. Epstein dismissed certain claims – including that the singer fat-shamed one of her dancers and required dancers to pose for a nude photoshoot – but said the lawsuit did not fit into anti-SLAPP legislation in its entirety, reports NBC News.
“This case presents a number of difficult issues. And the courts are rightfully wary of injecting themselves into the creative process,” concluded Epstein. “Finding the right balance is often no easy task, and this case is a perfect example.
“We plan to appeal all elements that the judge chose to keep in the lawsuit and are confident we will prevail”
“It is dangerous for the court to weigh in, ham-fisted, into constitutionally protected activity. But it is equally dangerous to turn a blind eye to allegations of discrimination or other forms of misconduct merely because they take place in a speech-related environment.”
Both sides expressed their satisfaction with the judgement.
“We are pleased that Judge Epstein wisely threw out all or part of four of the plaintiffs’ causes of action,” says Lizzo’s spokesperson Stefan Friedman. “Lizzo is grateful to the judge for seeing through much of the noise and recognising who she is — a strong woman who exists to lift others up and spread positivity. We plan to appeal all elements that the judge chose to keep in the lawsuit and are confident we will prevail.”
The plaintiffs’ attorney Ron Zambrano, meanwhile, says: “We’re very pleased with the judge’s ruling, and we absolutely consider it a victory on balance… We now look forward to conducting discovery and preparing the case for trial.”
Lizzo also faces a separate lawsuit from Asha Daniels, who worked as a wardrobe designer on the 35-year-old’s 2023 tour. Daniels is suing the star and her team for alleged sexual and racial harassment, disability discrimination, assault and illegal retaliatory termination.
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Lizzo slams ‘meritless and salacious’ lawsuit
Lizzo’s legal representatives has launched a motion calling for a harassment and discrimination lawsuit filed by a former tour employee to be dismissed.
Asha Daniels, who worked as a wardrobe designer on Lizzo’s 2023 tour, is suing the American singer and her team, alleging sexual and racial harassment, disability discrimination, assault and illegal retaliatory termination.
However, Lizzo’s lawyer Martin Singer has hit back at the “meritless and salacious” case, claiming it was filed by a “disgruntled” former worker whose employment had been terminated after just weeks in the job.
“During her brief employment by BGBT [Big Grrrl Big Touring, Lizzo’s touring company], plaintiff refused to comply with instructions from her supervisors and tour management, failed to perform the work that she was assigned and, eventually, just played hooky and refused to show up for work,” says Singer. “Unsurprisingly, she was terminated after abandoning her post on the day of a concert in Paris, France.”
According to the Guardian, a spokesperson for Lizzo has called the lawsuit “a bogus, absurd publicity stunt” and alleged Daniels had “never actually met or even spoke with Lizzo”.
Singer further argues the suit should be thrown out immediately on jurisdiction issues, since it was filed in California when Daniels “is a New York resident who worked for a Delaware corporation in Europe… She has alleged no nexus to California”.
“We remain committed to seeking justice for our clients, and look forward to our day in court where Lizzo can explain her behaviour in a public forum”
In response, Daniels’ lawyer Ron Zambrano has branded the move “another Hail Mary by Lizzo’s team to try to shift blame to the victims, as she has done to the three other plaintiffs who have sued her for similar allegations of harassment, disability discrimination and retaliatory termination”.
“Lizzo and her lawyers can continue trying to rationalise her illegal and wretched conduct but we remain committed to seeking justice for our clients, and look forward to our day in court where Lizzo can explain her behaviour in a public forum,” he adds.
It was revealed in August that three of Lizzo’s former dancers are suing the singer over allegations including sexual harassment and creating a hostile work environment. The star (real name Melissa Jefferson) and her touring company face a string of claims from dancers Crystal Williams, Arianna Davis and Noelle Rodriguez, dating between 2021 and 2023.
The lawsuit, filed in Los Angeles County Superior Court, accuses Lizzo of creating a hostile work environment in addition to allegations of religious and racial harassment, disability discrimination, assault and false imprisonment. In addition, the 35-year-old and choreographer Tanisha Scott are accused of body-shaming.
In October, Lizzo’s Big Grrrl touring company filed a motion to dismiss the filing, which she described as a “fabricated sob story”. That motion is still pending.
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Lizzo’s company files new motion to dismiss lawsuit
Lizzo’s Big Grrrl touring company has filed a new motion to dismiss the lawsuit accusing the singer and her company of sexual harassment, discrimination and fat-shaming, among other charges.
The American singer and her touring company face a string of claims from dancers Crystal Williams, Arianna Davis and Noelle Rodriguez, dating between 2021 and 2023.
The lawsuit, filed in Los Angeles County Superior Court in August, accuses Lizzo (real name Melissa Jefferson) of creating a hostile work environment in addition to allegations of religious and racial harassment, disability discrimination, assault and false imprisonment. The 35-year-old and choreographer Tanisha Scott are also accused of body-shaming.
Lizzo has now described the lawsuit as a “fabricated sob story” and has filed her own motion asking the court to dismiss it.
As reported by Rolling Stone, the singer and her representatives allege that the dancers in question had shown a “pattern of gross misconduct”.
The filing states: “Plaintiffs missed flights, arrived late and hungover to rehearsals and drunk to performances, entered into consensual sexual relationships with male crew members on tour, exhibited a rapid decline in the quality of their dancing and professionalism, and ultimately conspired to make and disseminate an unauthorized recording of a creative meeting with Lizzo and the dance cast.”
The singer and her representatives allege that the dancers in question had shown a “pattern of gross misconduct”
Included in the motion are written declarations from 18 of Lizzo’s employees disputing the claims first filed by a trio of former dancers.
The motion asks the court to dismiss the lawsuit under the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, which has the power to strike down lawsuits that threaten free speech.
The three dancers are represented by the attorney Neama Rahmani, who told Rolling Stone: “Even a first-year law student can see that ‘free speech’ does not cover Lizzo and her team’s illegal sexual harassment and racial, religious, and disability discrimination. The defense’s declarants are either defendants accused of wrongdoing, or people who are on Lizzo’s payroll, and their statements can’t be considered by the judge. That’s a question for the jury.
“Our clients have dozens of independent witnesses who support their stories, and we continue to receive inquiries from other former Lizzo employees who want to be new plaintiffs.”
In August, the attorney claimed that his firm is reviewing at least six new complaints about the singer.
In September, Lizzo’s personal legal team issued court documents asking the judge to dismiss the lawsuit “in its entirety”.
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Jay-Z’s Made In America festival cancelled
Jay-Z’s Made In America festival has been cancelled for 2023 “due to severe circumstances outside of production control”.
The annual festival was due to be held next month (2-3 September) in Philadelphia, US, and headlined by SZA and Lizzo, who has recently been sued for sexual harassment by three of her former dancers – though she denies the claims.
“This decision has been difficult and has not been made lightly nor without immense deliberation,” reads a statement from the organisers.
“Made in America has a legacy of delivering exceptional experiences for music fans and concert goers, and it is our commitment to always deliver a top-tier festival experience. We look forward to returning to Benjamin Franklin Parkway and the great city of
Philadelphia in 2024.”
“This decision has been difficult and has not been made lightly nor without immense deliberation”
The organisers did not give any other explanation for the cancellation of the 2023 edition but did say that ticket holders would be refunded.
Poor ticket sales have been a key factor in festivals cancelling for 2023, alongside financial difficulties, inflation, artist availability and logistical issues.
Other events that will not take place in 2023 include Fest Festival (Poland), Falls Festival (Australia), Rolling Loud (US), Summerburst (Sweden), Hills of Rock (Bulgaria), InMusic (Croatia), Wireless Germany, Hear Hear (Belgium) and Tempelhof Sounds and Tempelhof Sounds Presents (Germany).
Made in America, founded by Jay-Z’s Roc Nation Entertainment, has been a Philadelphia institution for several years, with Bad Bunny and Tyler, the Creator headlining last year’s festival.
The event has reportedly generated over $180 million in economic impact for the city of Philadelphia since the inaugural two-day concert in 2012.
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Lizzo denies dancers’ claims
Lizzo has responded to a sexual harassment lawsuit filed against her by three of her former dancers, calling the allegations “false” and “too outrageous to not be addressed”.
The American singer and her touring company Big Grrrl Big Touring (BGBT) face a string of claims from dancers Crystal Williams, Arianna Davis and Noelle Rodriguez, dating between 2021 and 2023.
Legal action filed in Los Angeles County Superior Court accuses Lizzo of creating a hostile work environment in addition to allegations of religious and racial harassment, disability discrimination, assault and false imprisonment. The 35-year-old and choreographer Tanisha Scott are also accused of body-shaming.
Lizzo, whose real name Melissa Jefferson, has denied the claims in a lengthy social media post, in which she describes the last few days as “gut wrenchingly difficult and overwhelmingly disappointing”.
“Usually I choose not to respond to false allegations but these are as unbelievable as they sound and too outrageous to not be addressed,” she writes. “These sensationalised stories are coming from former employees who have already publicly admitted that they were told their behaviour on tour was inappropriate and unprofessional.
“As an artist, I have always been very passionate about what I do. I take my music and my performances seriously because at the end of the day I only want to put out the best art that represents me and my fans.
“With passion comes hard work and high standards. Sometimes I have to make hard decisions but it’s never my intention to make anyone feel uncomfortable or like they aren’t valued as an important part of the team.”
“I know what it feels like to be body shamed on a daily basis and would absolutely never criticise or terminate an employee because of their weight”
Davis and Williams were introduced to Lizzo in March 2021 when they were contestants on the star’s Amazon Prime reality TV show, with Rodriguez joining the team after being brought in to perform on Lizzo’s Rumors music video. Williams and Davis were both eventually dismissed.
Lizzo recently wrapped up her 2022/23 The Special Tour with a series of dates in Australia, New Zealand and Japan, having played a slate of European festival dates in the summer at Belsonic (Northern Ireland) Glastonbury (England), Mad Cool (Spain), Open’er (Poland), Lollapalooza Stockholm (Sweden), Roskilde (Denmark), NOS Alive (Portugal) and North Sea Jazz (Netherlands).
“I am not here to be looked at as a victim, but I also know that I am not the villain that people and the media have portrayed me to be these last few days,” adds Lizzo in her statement. “I am very open with my sexuality and expressing myself but I cannot accept or allow people to use that openness to make me out to be something I am not.
“There is nothing I take more seriously than the respect we deserve as women in the world. I know what it feels like to be body shamed on a daily basis and would absolutely never criticise or terminate an employee because of their weight.
“I’m hurt but I will not let the good work I’ve done in the world be overshadowed by this. I want to thank everyone who has reached out in support to lift me up during this difficult time.”
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Lizzo and touring company sued by former dancers
Three of Lizzo’s former dancers are suing the singer over allegations including sexual harassment and creating a hostile work environment.
The 35-year-old, real name Melissa Jefferson, and her touring company Big Grrrl Big Touring (BGBT) face a string of claims from dancers Crystal Williams, Arianna Davis and Noelle Rodriguez, dating between 2021 and 2023, in the legal action.
Davis and Williams were introduced to Lizzo in March 2021 when they were contestants on the star’s Amazon Prime reality television show Watch Out for the Big Grrrls, with Rodriguez joining the team after being brought in to perform on Lizzo’s Rumors music video that May.
The lawsuit, filed in Los Angeles County Superior Court, alleges that Lizzo “pressured plaintiffs and all her employees to attend outings where nudity and sexuality were a focal point” and “disregarded” any apprehension from them. It goes on to bring up an alleged incident at bar in Amsterdam, the Netherlands, where she is said to have “hounded her employees to engage with nude performers”.
The defendants are yet to respond to the lawsuit, which also includes allegations of religious and racial harassment, disability discrimination, assault and false imprisonment, as well as claims that Lizzo and choreographer Tanisha Scott expressed “thinly veiled concerns about Ms Davis’ weight gain”, which “Lizzo had previously called attention to”.
“Although Lizzo and Ms Scott never explicitly stated it, these questions accompanied by Lizzo’s statements made after the South by Southwest music festival gave Ms Davis the impression that she needed to explain her weight gain and disclose intimate personal details about her life in order to keep her job,” it says.
Around the time of the last European show of Lizzo’s The Special Tour in March this year, BGBT accountant Ashley Joshi is accused of sending an email to the dancers, scolding them for “unacceptable and disrespectful behaviour while on tour”.
“The stunning nature of how Lizzo and her management team treated their performers seems to go against everything Lizzo stands for publicly”
“Nowhere in the email did Ms Joshi explain what she or BGBT deemed unacceptable and disrespectful,” it adds. “Only the dance cast – comprised of full-figured women of colour – were ever spoken to in this manner, giving plaintiffs the impression that these comments were charged with racial and fat-phobic animus. This email marked the beginning of a strained relationship between the dancers and management.”
Shirlene Quigley, captain of Lizzo’s dance team, is named as a co-defendant, having allegedly “continued to preach at everyone in her surroundings, especially about her beliefs regarding Christianity and sexuality”.
BGBT management are also alleged to have “treated the black members of the dance team differently than other members”. “BGBT’s management team consisted almost entirely of white Europeans who often accused the black members of the dance team of being lazy, unprofessional, and having bad attitudes,” says the lawsuit, which asks for a trial by jury.
Williams was eventually fired “under the guise of budget cuts”, while Davis was dismissed after being found to have made an audio recording of performance notes. After being terminated, Davis alleges she was confined to a room against her will and was only allowed to leave once the contents of her phone had been searched by security.
Rodriguez subsequently resigned, saying she “did not appreciate” how Lizzo had handled the situation with Davis.
In a statement, the plaintiffs’ attorney Ron Zambrano says: “The stunning nature of how Lizzo and her management team treated their performers seems to go against everything Lizzo stands for publicly, while privately she weight-shames her dancers and demeans them in ways that are not only illegal but absolutely demoralising,”
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Lizzo latest artist to shun Tennessee’s anti-drag law
Lizzo is the latest artist to rebuke legislation designed to restrict drag performances in public, pending in the US state of Tennessee (TN).
The Grammy-award-winning singer invited 20 drag queens onstage during her concert at the Thompson-Boling arena in Knoxville (TN) on Friday (21 April) night.
Among the queens present were RuPaul’s Drag Race stars Aquaria, Kandy Muse, Asia O’Hara and Vanessa Vanjie Mateo.
In February, the Republican governor of Tennessee, Bill Lee, signed the legislation against “adult cabaret” in public or in front of minors.
A federal judge temporarily blocked the law in late March, saying it was too vaguely written. Civil rights groups have criticised the law as a violation of free speech.
The Tennessee law is part of a wider Republican effort to restrict drag shows and other LGBTQ+ public gatherings.
“In light of recent and tragic events and current events, I was told by people on the internet, ‘Cancel your shows in Tennessee,’ ‘Don’t go to Tennessee,’” Lizzo said during the Friday concert.
“The oppression of the LGBTQ+ is not only unacceptable and inhumane”
“Their reason was valid, but why would I not come to the people who need to hear this message the most? Why would I not create a safe space in Tennessee where we can celebrate drag entertainers and celebrate our differences?”
Lizzo’s protest comes soon after Madonna added a Nashville (TN) stop to her upcoming greatest hits tour in protest of the state’s anti-LGBT+ bills, which include a ban on transition-related care for minors.
Madonna: The Celebration Tour, which is supported by RuPaul’s Drag Race winner Bob the Drag Queen, will visit Nashville’s Bridgestone Arena on 22 December. A portion of proceeds from the show will go to trans rights organisations.
“The oppression of the LGBTQ+ is not only unacceptable and inhumane, it’s creating an unsafe environment; it makes America a dangerous place for our most vulnerable citizens, especially trans women of colour,” said Madonna in a statement.
“Also, these so-called laws to protect our children are unfounded and pathetic. Anyone with half a brain knows not to fuck with a drag queen. Bob and I will see you from the stage in Nashville where we will celebrate the beauty that is the queer community.”
Prior to that, Nashville-based artists came together for a benefit concert to raise awareness and funds for the LGBTQ community, in the wake of the Tennessee legislation.
Paramore’s Hayley Williams, Sheryl Crow, Maren Morris, Brothers Osborne, Jason Isbell, Amanda Shires, Yola, Brittany Howard, Hozier, Adeem the Artist, Julien Baker, Joy Oladokun, Jake Wesley Rogers and Mya Byrne performed at the Bridgestone Arena for the Love Rising fundraiser.
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Female superstars lead 2023’s blockbuster tours
Female artists are leading the way on 2023’s touring circuit, with American superstars Beyoncé, Madonna, Pink and Lizzo joining Taylor Swift in scoring huge sales for blockbuster tours.
A raft of additional US stadium shows were confirmed for Beyoncé’s Renaissance World Tour – the singer’s first solo tour in seven years – after demand exceeded the number of originally available tickets by more than 800%. The run kicks off in Europe at Stockholm’s Friends Arena on 10 May, switching to to North America in July.
“Even with these added dates, it is still expected that the majority of interested fans will not be able to get tickets because demand drastically exceeds supply,” reads a Live Nation statement.
Following the Eras tour fallout, which prompted last month’s US Senate antitrust hearing, Ticketmaster tweaked the presale for the Renaissance tour in the US, dividing the Verified Fan registration period into three groups based on city.
More than three million people attempted to buy tickets for Beyoncé’s European dates, with her original two-night stand in London expanding to five at the 60,000-cap Tottenham Hotspur Stadium. Extra nights were also added in cities such as Amsterdam, Stockholm and Warsaw.
“We experienced and successfully handled an extraordinary level of demand and traffic for Beyoncé”
While the BBC reported complaints of long queues and technical issues during the UK onsale, Ticketmaster declared the process a success.
“We experienced and successfully handled an extraordinary level of demand and traffic for Beyoncé,” says a Ticketmaster spokesperson. “While there were never going to be enough tickets to meet demand, thousands of happy fans secured their tickets.”
Live Nation France boss Angelo Gopee tells Le Parisien “the demand has been huge” for the star’s two French shows at the 60,000-cap Stade de France in Paris and 55,000-cap Orange Velodrome, Marseille. Tickets started at €85.
“Do not believe that because 270,000 people are [in the queue], we can sell 270,000 tickets and fill four stadiums,” says Gopee. Many come to see the prices, the location of the seats and leave. For Madonna, we had 120,000 fans waiting and we sold 60,000 tickets.”
“We had never experienced such demand since 2014,” adds Velodrome stadium director Martin d’Argenlieu.
Taylor Swift’s 52-date The Eras US tour remains the standard-bearer in terms of demand
Madonna’s 2023/24 The Celebration Tour – which marks the 40th anniversary of her breakout single Holiday – has been another smash hit, selling more than 600,000 tickets.
Produced by Live Nation, the global greatest hits tour will kick off in North America on 15 July at Rogers Arena in Vancouver, Canada. Madonna’s 2008-2009 Sticky and Sweet Tour is currently the highest-grossing tour by a female artist ever, raking in $411 million (£335m).
In addition, Pink’s first tour in four years, The Pink Summer Carnival, commences on 7 June with the first of two concerts at the University of Bolton Stadium and takes in stadiums and festivals around Europe, including two dates at the 65,000-cap BST Hyde Park in London. Making its way to North America in July, the run is due to conclude at Chase Field, Phoenix on 9 October.
And Lizzo’s The Special Tour got underway in the US last Autumn and arrived at European arenas in February, with a second North American leg slated from April to June.
Nevertheless, Taylor Swift’s 52-date The Eras US tour remains the standard-bearer in terms of demand, selling a record 2.4 million tickets in a single day.
“Despite all the challenges and the breakdowns, we did sell over two million tickets that day, we could have filled 900 stadiums.” said Live Nation chair Greg Maffei following the controversial presale last November.
Other acts playing stadium tours this year include Bruce Springsteen and The E Street Band, Harry Styles, The Weeknd, Elton John, Coldplay, Rammstein, Red Hot Chili Peppers and Def Leppard + Motley Crue.
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Lizzo can keep $5m Virgin Fest fee, judge rules
Lizzo can keep her US$5 million booking fee for 2020’s cancelled Virgin Fest in Los Angeles, a California judge ruled earlier this month.
The company that was promoting Virgin Fest, VFLA Eventco LLC, filed a lawsuit against WME in July 2020, as well as artists Lizzo, Ellie Goulding and Kali Uchis, saying the parties had agreed to return monies they had been advanced in the event of cancellation due to “an uncontrollable factor”.
The acts had been scheduled to play the debut outing of the festival at the Banc of California Stadium (22,000-cap.) and Exposition Park (160-acre) in LA on 6 and 7 June 2020 before it was cancelled due to the coronavirus pandemic.
After a two-year legal dispute, LA Superior Court judge Mark Epstein ruled on 1 September that the cancellation clauses added by attorneys for WME to its clients’ performance contracts shifted the financial risk of cancellation onto the festival.
Attorneys for WME insisted on several revisions to the original contract – especially to the force majeure clause – to make the contracts more “artist friendly.”
Thanks to those revisions, Lizzo, Goulding and Uchis are not required to pay back performance fees that were paid in advance of Virgin Fest.
Following the ruling, Virgin Fest owners Marc and Sharon Hagle are looking at financial losses in the festival business of approximately $23 million, court records show.
The festival was funded by the couple – who made their fortune in commercial real estate – and run by Jason Felts, CEO of the Virgin Group’s festival arm.
Richard Branson’s involvement with Virgin Fest was mostly that of a figurehead, promoting the festival online.
Agents at WME — including former co-head of music Marc Geiger, head of festivals and partner Josh Kurfirst, and Lizzo’s agent Matthew Morgan (who now represents her at UTA) — were vocally sceptical about Virgin Fest’s prospects for success, according to emails and communications produced in the lawsuit.
WME insisted that Lizzo be paid 100% of the fee prior to the festival announcing her as a headliner
Geiger warned Felts that staging the festival in Los Angeles, a market dominated by Live Nation, Goldenvoice and several well-established independents, was a bad idea.
Regardless, Felts pushed ahead with the festival and after Virgin Fest talent buyer Zach Tetreault raised Lizzo’s performance fee three times, ultimately landing on $5 million, the artist accepted the offer.
Goulding (represented by WME partner and global co-head of music Kirk Sommer) accepted $600,000 to perform at the festival and Uchis (represented by WME partner Kevin Shivers) agreed to play for $400,000. Another $300,000 was paid to WME to book five additional acts, among them the Marcus King Band and Banks.
WME insisted that Lizzo be paid 100% of the fee prior to the festival announcing her as a headliner and that Uchis and Goulding be paid 50% upon signing and the remaining 50% paid 90 days prior to their performances, emails produced for the lawsuit show.
Hoping to avoid any additional risk, Kurfirst instructed attorneys at WME in February 2020 to make sure the contracts were “100%,” meaning WME artists would be paid even if the festival was cancelled.
A month later, all events were indefinitely postponed due to the Covid-19 pandemic and WME steeled itself for a fight.
“One or more of the artists including a headliner are now going to take a position and not return the money,” Sommer wrote in a 4 June email to Goulding’s managers at TAP Management. “We have all seen unsuccessful festivals collapse and attempt to claw back artists guarantees, this festival was addressed upfront with stronger language and deposit terms for this reason.”
On 12 March 2021, Epstein issued an order that said the agreements the parties signed protected WME from being sued for what is essentially a dispute between the artists and the promoter.
That meant Epstein later dismissed four counts filed against WME by Virgin Fest including conversion and violations of California’s unfair competition law as well as a request for punitive damages.
The judge found that WME was simply following the wishes of its clients Lizzo, Goulding and Uchis, noting that WME did agree to return money to Virgin Fest for other clients who instructed them to do so.
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